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§ 59336. Administrative Determination.

5 CA ADC § 59336Barclays Official California Code of RegulationsEffective: November 4, 2022

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
Effective: November 4, 2022
5 CCR § 59336
§ 59336. Administrative Determination.
Currentness
(a) In any case not involving employment discrimination, within ninety (90) days of receiving a complaint, the district shall complete its investigation and forward a copy or summary of the report and written notice to the complainant setting forth all of the following:
(1) The chief executive officer's or their designee's determination as to whether unlawful discrimination occurred with respect to each allegation in the complaint based on the preponderance of the evidence standard;
(2) In the event a discrimination allegation is substantiated, a description of actions taken, if any, to prevent similar acts of unlawful discrimination from occurring in the future;
(3) the proposed resolution of the complaint;
(4) the complainant's right to appeal to the district governing board and the Chancellor pursuant to sections 59338 and 59339; and
(5) in matters involving student sexual misconduct, the respondent's right to appeal to the district governing board any disciplinary sanction imposed upon the respondent.
(b) In any case involving employment discrimination, within ninety (90) days of receiving a complaint, the district shall complete its investigation and forward a copy or summary of the report, and written notice to the complainant setting forth all the following:
(1) The chief executive officer's or their designee's determination as to whether discrimination occurred with respect to each allegation in the complaint based on the preponderance of the evidence standard;
(2) if a discrimination allegation is substantiated, a description of actions taken, if any, to prevent similar acts of unlawful discrimination from occurring in the future;
(3) the proposed resolution of the complaint; and
(4) the complainant's right to appeal to the district governing board and to file a complaint with Department of Fair Employment and Housing.
(c) In any case involving unlawful discrimination, when a district provides the complainant with any information pursuant to this subdivision, the district shall also provide to the respondent the following:
(1) The chief executive officer's or their designee's determination as to whether unlawful discrimination occurred with respect to each allegation in the complaint based on the preponderance of the evidence standard;
(2) The proposed resolution of the complaint, including any disciplinary action against the respondent; and
(3) In matters involving misconduct governed by section 59337, subdivision (b), the respondent's right to appeal to the local governing board any disciplinary sanction imposed upon the respondent.
(d) Notwithstanding subdivisions (a) and (b), in matters involving an academic employee placed on involuntary paid administrative leave, the district shall complete its investigation within 90 working days of the administrative leave commencing, unless the period of paid administrative leave is extended by agreement of the employee and employer for a period not exceeding 30 additional calendar days. The extension of time provisions of section 59342 shall not apply to investigations involving an academic employee placed on involuntary paid administrative leave.

Credits

Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code. Reference: Sections 66250, 66251, 66252, 66270, 72011 and 87623, 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 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 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).
7. Amendment of subsection (b), new subsection (d) and amendment of Note filed 10-5-2022; operative 11-4-2022. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2022, No. 42).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 5, § 59336, 5 CA ADC § 59336
End of Document