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§ 59338. Final District Decision; Appeals to Local Governing Board.

5 CA ADC § 59338Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 5. Education
Division 6. California Community Colleges
Chapter 10. Community College Administration
Subchapter 5. Nondiscrimination in Programs Receiving State Financial Assistance Through the Chancellor or Board of Governors of the California Community Colleges
Article 3. District Compliance and Enforcement
5 CCR § 59338
§ 59338. Final District Decision; Appeals to Local Governing Board.
(a) If the complainant is not satisfied with the results of the administrative determination rendered pursuant to section 59336, the complainant may submit a written appeal to the district governing board within thirty (30) days from the date of the notice required by section 59336. In student sexual misconduct cases subject to section 59337, subdivision (b), respondents who are not satisfied with the results of the administrative determination rendered pursuant to section 59336, subdivision (a), may submit a written appeal to the district governing board within thirty (30) days from the date of the notice required by section 59336. The governing board shall review the original complaint, the investigative report, the administrative determination, and the appeal and issue a final district decision within forty-five (45) days after receiving the appeal.
(b) If the governing board does not act within forty-five (45) days, the administrative determination shall be deemed approved on the forty-sixth (46) day and shall become the final district decision. The district shall promptly notify the complainant and the respondent of the board's action, or if the board took no action that the administrative determination is deemed approved.
(c) In any case not involving employment discrimination, the district shall promptly forward to the complainant, and the respondent, a copy of the final district decision rendered by the governing board, if any, and notice of the complainant's right to appeal the district's decision to the Chancellor pursuant to section 59339.
(d) In any case involving employment discrimination, the district shall promptly forward to the complainant a copy of the final district decision rendered by the governing board that includes the complainant's right to file a complaint with the Department of Fair Employment and Housing (DFEH), where the case is within the jurisdiction of that agency.

Credits

Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code. Reference: Sections 66250, 66251, 66252, 66270 and 72011, Education Code; and Sections 11135 and 11136, Government Code.
History
1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of section heading and section filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only (Register 2001, No. 6).
3. Amendment filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register 2002, No. 13).
4. Change without regulatory effect amending Note filed 3-15-2006 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17).
5. Amendment of section and Note filed 8-5-2008; operative 9-4-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 34).
6. Amendment of section and Note filed 8-19-2020; operative 9-18-2020. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2020, No. 40).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 5, § 59338, 5 CA ADC § 59338
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