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Unlawful Policy Information

for a printable version of this information please select the following link: http://www.shastacollege.edu/unlawfulpolicy/unlawfuldiscrimpolicyOct03.pdf

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I.      UNLAWFUL DISCRIMINATION POLICY

A.      Nondiscrimination 

It is the policy of Shasta-Tehama-Trinity Joint Community College District to provide an environment free of unlawful discrimination. The District is committed to equal opportunity in educational programs, employment, and access to institutional programs and activities.  

The District, and each individual who represents the District, shall provide access to its services, classes, and programs without regard to national origin, religion, age, sex (gender), race, color, ancestry, sexual orientation, marital status, physical or mental disability, or because he or she is perceived to have one or more of the foregoing characteristics. 

The District forbids and will not tolerate any form of discrimination and has enacted administrative procedures to assure equal opportunity and to recognize and eliminate violations of this policy in accordance with Title 5 regulations and those of other agencies that administer state and federal laws regarding nondiscrimination.  It is both illegal and prohibited by this policy to retaliate against any individual for filing a complaint or participating in an investigation. 

B.      Responsible District Officer 

The Human Resources Officer/Equal Opportunity Coordinator shall be responsible for:

(1) implementation of this policy and its accompanying personnel procedures; (2) appropriate distribution of policy to administrative staff, employees, and students; (3) receipt of all complaints filed pursuant to this policy; (4) coordination of investigation of complaints. The Human Resources Officer/ Equal Opportunity Coordinator may be contacted at (530) 225-4609, Administrative Building 100, Room 121, 11555 Old Oregon Trail, Redding, CA  96003. 

C.      Affirmative Action 

The Shasta-Tehama-Trinity Joint Community College District supports the intent set forth by the California Legislature to assure that every effort is made to build a community in which opportunity is equalized.  The District is committed to diversity in the academic environment that fosters cultural awareness, mutual understanding and respect, harmony, and suitable role models for students in accordance with applicable regulations and laws. 

Administrative procedures have been enacted for affirmative action that comply with the Education Code and Title 5 requirements and which may be modified or clarified by judicial interpretation.   

Reference:     Education Code Sections 66250, et seq.; 87100, et seq.  Title 5, Section 53000, et seq.
 

D.      Prohibition Of Harassment  

The Shasta-Tehama-Trinity Joint Community College District is committed to providing an educational, employment, and business environment that respects the dignity of individuals and groups. The District shall be free from unwelcome sexual advances, sexual intimidation and exploitation, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment, as defined and otherwise prohibited by state and federal law. 

Harassment based on any of the following statuses is prohibited and will not be tolerated:  national origin, religion, age, sex (gender), race, color, ancestry, sexual orientation, marital status, physical or mental disability, or because he or she is perceived to have one or more of the foregoing characteristics. 

It is both unlawful and a violation of this policy for anyone who is authorized to recommend or take personal or educational action affecting an employee or student, or who is otherwise authorized to transact business or perform other acts or services on behalf of the Shasta-Tehama-Trinity Joint Community College District, to engage in any form of harassment including sexual harassment or to retaliate against any individual for filing a complaint or participating in an investigation. 

E.      Work Environment 

Within the work environment, sexual harassment is unlawful and is prohibited between supervisors and subordinates, between co-workers, and between non-employees and employees. 

F.      Educational Environment 

Within the educational environment, sexual harassment is unlawful and is prohibited between students, and between employees and students. 

Sexual harassment is further defined as unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature when: 

1.       submission to the conduct is made a term or condition of an individual's employment, academic status, or progress. 

2.       submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual. 

3.       the conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or education environment. 

4.       submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual. 

This policy applies to all aspects of the academic environment, including but not limited to classroom conditions, grades, academic standing, employment opportunities, scholarships, recommendations, disciplinary actions, and participation in any community college activity.  In addition, this policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation. 

The District ensures that educational activities are undertaken that counter, minimize and eliminate the effects of a hostile environment which impairs access to equal educational opportunity. 

Administrative procedures have been established to investigate and resolve complaints regarding sexual harassment and unlawful discrimination, which shall be widely published and made available to administrators, faculty, staff, and students.   

Employees who violate this policy and related procedures may be subject to disciplinary action up to and including termination from employment.  Students who violate this policy and related procedures may be subject to disciplinary measures up to and including expulsion. 

Reference:   Education Code Sections 212.5; 66252; 66281.5
 

 II.      UNLAWFUL DISCRIMINATION ADMINISTRATIVE PROCEDURES

A.      Introduction and Scope 

These are the administrative procedures for filing and processing complaints of unlawful discrimination at the Shasta-Tehama-Trinity Joint Community College District.  These policies and procedures incorporate the legal principles contained in nondiscrimination provisions of the California Code of Regulations, Title 5, sections 59300 et seq. as well as other state and federal laws and regulations. 

A copy of these written policies on unlawful discrimination are readily available and displayed in a prominent location in the main administrative building and other areas where notices regarding the college’s rules, regulations, procedures, and standards of conduct are posted. 

B.      Definitions 

Definitions applicable to nondiscrimination policies are as follows: 

Age means how old a person is, or the number of elapsed years from the date of a person's birth.  (22 California Code of Regulations section 98230(b)) 

Appeal means a request by a complainant made in writing to the Shasta-Tehama-Trinity Joint Community College District governing board pursuant to Title 5, section 59338 and/or to the State Chancellor’s Office pursuant to Title 5, section 59339, to review the administrative determination of the district regarding a complaint of discrimination. 

Color or Ethnic Group Identification means the possession of the racial, cultural or linguistic characteristics common to a racial, cultural or ethnic group or the country or ethnic group from which a person or his/her forbears originate.  (22 California Code of Regulations Section 98210(b)) 

Complaint means a written and signed statement meeting the requirements of Title 5, section 59328 that alleges unlawful discrimination in violation of the nondiscrimination regulations adopted by the Board of Governors of the California Community Colleges, as set forth in Title 5, section 59300 et seq. 

Confidentiality means reasonable efforts will be made to keep a complaint and the results of any investigation confidential.  Witnesses shall be informed of the confidential nature of the matter and shall be informed that it would be a violation of this procedure to disclose the complaint or the nature of the investigation to others. 

Days means calendar days. 

Disability is divided into two categories that include Mental Disability and Physical Disability.   

Mental Disability includes, but is not limited to, all of the following:   

1.       Having any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity.  For purposes of this section:  (A.)  “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.  (B.)  A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.  “Major life activities” shall be broadly construed and shall include physical, mental, and social activities, as well as working. 

2.       Any other mental or psychological disorder or condition not described above (1.) that requires specialized supportive services. 

3.       Having a record or history of a mental or psychological disorder or condition described in paragraph (1.) or (2.), which is known to the District. 

4.       Being regarded or treated by the District as having, or having had, any mental condition that makes achievement of a major life activity difficult. 

5.       Being regarded or treated by the District as having, or having had, a mental psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1.) or (2.). 

Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. 

Physical disability includes, but is not limited to, all of the following: 

1.       Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:  (A.)  Affects one or more of the following body functions:  neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.  (B.)  Limits a major life activity.  For purposes of this section, “limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.  A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.  “Major life activities” shall be broadly construed and includes physical, mental, and social activities as well as working. 

2.       Having any other health impairment not described in the previous paragraph (1.) that require specialized supportive services. 

3.       Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in the previous paragraphs (1.) or (2.), which is known to the District. 

4.       Being regarded or treated by the District as having, or having had, any physical condition that makes achievement of a major life activity difficult. 

5.       Being regarded or treated by the District as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraphs (1.) or (2.). 

Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. 

District means the Shasta-Tehama-Trinity Joint Community College District or any District program or activity that is funded directly by the state or receives financial assistance from the state.  This includes any other organizations associated with the District that receives state funding or financial assistance through the District. 

Religion means all aspects of religious observance, practice and belief, including duties of the clergy or elders.  A belief is religious if sincerely held and, in the scheme of the believer, holds a place analogous to that filled by the deity of those people whose religion may be more orthodox or more widely accepted.  (22 California Code of Regulations section 98220) 

Responsible District Officer means the officer identified by the District to the State Chancellor’s Office as the person responsible for receiving complaints filed pursuant to Title 5, section 59328, and coordinating their investigation. 

Sex discrimination means: 

1.       Any rule, policy or practice concerning actual or potential parental, family or marital status which differentiates on the basis of sex. 

2.       Any rule, policy or practice concerning disability due to pregnancy, childbirth, recovery from childbirth or termination of pregnancy, or other psychological conditions related to the capacity to bear children not applied under the same terms and conditions and in the same manner as any other rule, policy or practice relating to any other temporary disability except as otherwise provided by the fair employment practices act. 

3.       Any rule, policy or practice which treats men and women differently for purposes of any program or activity on the basis of aggregate statistical characteristics of men or women, whether founded in fact, belief or statistical probability. 

Sexual harassment means unlawful discrimination in the form of unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the workplace or in the educational setting, and includes, but is not limited to: 

Making unsolicited written, verbal, physical, and/or visual contacts with sexual overtones. 

1.       Verbal: offensive and/or inappropriate comments, epithets, whistling, jokes and innuendoes of a sexual nature, including but not limited to, comments of a sexual nature about another person’s or one’s own physical appearance, attire, sexual thoughts, sexual behavior, marital status or sexual orientation. 

2.       Physical: offensive and/or inappropriate touching, interference with movement, or sexual assault, including but not limited to, kissing, touching intimate places, unnecessary and unwelcome touching of non-intimate places, or blocking of free bodily movement. 

3.       Written: sending or delivering sexually suggestive letters, notes, invitations, electronic media transmissions, or other reading materials. 

4.       Visual: displaying sexually suggestive posters, pictures, drawings, cartoons, computer graphics or objects; making sexually suggestive or obscene gestures; leering or staring at another person with sexual intent. 

The above types of conduct of a sexual nature may be considered sexual harassment whether or not they are directed at a specific person.  A work or educational setting which is permeated with sexual communications or behaviors may create a hostile environment to all persons within that setting. 

Whether an environment is hostile depends on the totality of the circumstances, including such factors as the frequency and severity of the conduct and whether the conduct has a negative impact on a person’s work or educational environment.  Examples: 

1.       Continuing to express sexual interest after having been informed that the interest is unwelcome. 

2.       Engaging in explicit or implicit coercive sexual behavior used to control, influence, or affect the career, salary, or work environment of another person, including but not limited to promises or threats regarding appointments, promotions, transfers, changes of assignment, or performance evaluations which are made contingent on the person tolerating or submitting to the sexual behavior. 

3.       Engaging in explicit or implicit coercive sexual behavior used to control, influence, or affect the educational opportunities, grades, or learning environment of a student, including but not limited to promises or threats regarding grades, course admission, performance evaluations, letters of recommendation, benefits or services such as scholarships, financial aid, or work study jobs which are explicitly or implicitly made contingent on the student tolerating or submitting to the sexual behavior. 

4.       Offering favors or educational or employment benefits, such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, etc., in exchange for sexual behavior. 

Unlawful discrimination means any complaint of unlawful discrimination based on a category protected under Title 5, section 59300, including sexual harassment and retaliation. 

C.      Responsible District Officer 

The Human Resources Officer/Equal Opportunity Coordinator shall be responsible for: 

1.       implementation of the unlawful discrimination policy and its accompanying personnel procedures;  

2.       appropriate distribution of policy to administrative staff, employees, and students; 

3.       receipt of all complaints filed pursuant to this policy;  

4.       coordination of investigation of complaints. The Human Resources Officer/Equal Opportunity Coordinator may be contacted at (530) 225-4609, Administrative Building 100, Room 121, 11555 Old Oregon Trail, Redding, CA  96003. 

4. Notice, Training, and Education

The Shasta-Tehama-Trinity Joint Community College District’s responsible officer shall make arrangements for or provide training to employees and students about the District’s unlawful discrimination policy and procedures.  Faculty members, members of the administrative staff, and members of the support staff will be provided with a copy of the District’s written policy on unlawful discrimination upon hire and at the beginning of the first quarter or semester of the college year after an updated policy is adopted.

A copy of the District’s written policy on unlawful discrimination, as it pertains to students, will be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session, as applicable. 

This policy will be posted in prominent places at each school and work site. 

All administrators and supervisors shall be knowledgeable of this policy and their responsibilities for its implementation. 

In addition, employees annually shall receive copies of information sheets regarding sexual harassment prepared by the California Department of Fair Employment and Housing, or district-prepared documents which are substantially similar. 

E.      Retaliation Prohibited 

It is unlawful for anyone to retaliate against someone who files an unlawful discrimination complaint, who refers a matter for investigation or complaint, who participates in an investigation of a complaint, who represents or serves as an advocate for an alleged victim or alleged offender, or who otherwise furthers the principles of this unlawful discrimination policy.  The initiation of a complaint of unlawful discrimination including sexual harassment will not affect the complainant or witnesses in their future relationship with the District, in employment, compensation or work assignments, or, in the case of students, grades, class section or other matters pertaining to their status in any District program.   

F.      Academic Freedom 

The District is committed to academic freedom, but recognizes that academic freedom does not allow any form of unlawful discrimination.  It is recognized that an essential function of education is a probing of opinions and an exploration of ideas. 

G.     Disciplinary Action 

1.       Employees who act in violation of this policy and/or the law may be subject to disciplinary action up to and including dismissal.  Such disciplinary action shall be in accordance with applicable policies, laws, and/or collective bargaining agreements. 

2.       Students who act in violation of this policy and/or the law may be subject to disciplinary action up to and including expulsion.   Such disciplinary action shall be in accordance with District policy and state law. 

H.      What To Do If You Believe You Have Been Subjected To Harassment Including Sexual Harassment 

A person who believes that he/she has been subjected to harassment including sexual harassment at the Shasta-Tehama-Trinity Joint Community College District may obtain a copy of the District's Unlawful Discrimination Complaint Resolution Procedures at the Human Resources Office, Administrative Building 100, Room 121, 11555 Old Oregon Trail, Redding, CA  96003, (530) 225-4609. Students may also obtain a copy of the procedures at the Campus Center Building 2000 in the Student Development Office, or a printable copy from the Shasta College website at :
http://www.shastacollege.edu/unlawfulpolicy/unlawfuldiscrimpolicyOct03.pdf

The district provides both informal and formal complaint resolution procedures.  The district is committed to ensuring that persons complaining of harassment including sexual harassment will not be subject to retaliation of any kind. 

I.        Obligations of All Employees 

Employees shall report to their immediate supervisor any conduct on the part of other employees or non-employees, such as sales representatives or service vendors, who harass any District employee, student, or other persons.  Immediately following notification to the supervisor, the employee shall submit, in writing, a detailed and specific account of the incident that will be used in investigating the allegations. 

All employees shall cooperate with any investigation of an alleged act of harassment including sexual harassment conducted by the District or by an appropriate state or federal agency. 

No employee of the District shall take any action to discourage a victim of sexual harassment from reporting such an instance. 

Because different procedures apply after a formal governmental administrative charge or complaint is filed, any employee receiving such a charge or complaint is directed to deliver it to the Human Resources Officer/Equal Opportunity Coordinator as soon as possible. 

III.      UNLAWFUL DISCRIMINATION COMPLAINT RESOLUTION PROCEDURES 

The Shasta-Tehama-Trinity Joint Community College District is adopting these regulations to ensure that its programs and activities, including employment, are available to all qualified persons without regard to ethnic group identification, religion, age, sex, ancestry, sexual orientation, color, and physical and mental disability.  These regulations provide for the investigation of alleged unlawful discrimination in its programs and activities.  The District will seek to resolve the complaints in an expeditious manner. 

A.      Responsible Officer 

1. The District officer responsible for ensuring District compliance with the rules and regulations adopted by the Board of Governors of the California Community Colleges regarding unlawful discrimination shall be the Human Resources Officer/Equal Opportunity Coordinator.  The Human Resources Officer/Equal Opportunity Coordinator shall be responsible for receiving complaints filed pursuant to Title 5, Section 59328 and coordinating their investigation.  The actual investigation of complaints may be assigned to other staff or to persons or organizations under contract with the district.  The 504, ADA and Title IX Coordinators are responsible to investigate complaints regarding discrimination based on disability and gender, respectively.   Whenever the Human Resources Officer/Equal Opportunity Coordinator or other coordinator designated to receive and investigate complaints is named in the complaint or is implicated by the allegations in the complaint, an alternate party shall conduct the investigation.  Regulations prohibit retaliation by the employer and its agents if an individual pursues or assists in filing a discrimination complaint.  (5 California Code of Regulations section 59324)

      If the complainant contacts an employee other than the Responsible District Officer, it is the responsibility of the district employee, who has learned of unlawful discrimination in his/her official capacity, to notify the Human Resources Officer/Equal Opportunity Coordinator that a complaint has been received.  Any person who believes he/she has been subjected to unlawful discrimination should contact the District’s Human Resources Officer/Equal Opportunity Coordinator at (530) 225-4609, Administration Building 100, Room 121, 11555 Old Oregon Trail, Redding, CA  96003. 

2. The District will post notices of unlawful discrimination that contain the basic legal requirements in places readily accessible to students, job applicants, and existing employees.  (5 California Code of Regulations section 59326)
    

3. Upon request, the Human Resources Officer/Equal Opportunity Coordinator shall make available to all students, job applicants, and employees the complaint form established by the State Chancellor.
    

B.      Informal Resolution 

The purpose of the informal resolution is to resolve complaints of unlawful discrimination through informal discussion.  Typically the informal resolution process will be used when there is a simple misunderstanding or the complainant does not wish to file a formal complaint.  Resolution of an informal complaint may require nothing more than a clarification of the misunderstanding or an apology from the respondent and an assurance that the offending behavior will cease.   

When a person feels aggrieved because of conduct that may constitute unlawful discrimination (complainant), he/she should directly inform the person engaging in such conduct (respondent) that the conduct is unwelcome or offensive and should stop.  However, if a direct discussion is uncomfortable or otherwise deemed inappropriate by the complainant or if communication with the respondent has failed to resolve the conduct, the complainant should contact the Human Resources Officer/Equal Opportunity Coordinator to attempt an informal resolution. 

Upon receiving notice of an unlawful discrimination complaint, the Human Resources Officer/Equal Opportunity Coordinator shall: 

1.       undertake efforts to informally resolve the charges; 

2.       advise the complainant that he/she need not participate in informal resolution; 

3.       notify the person bringing the complaint of the procedure for filing a formal complaint; 

4.       assure the complainant that he/she will not be required to confront the person accused of unlawful discrimination; 

5.       advise the complainant that he/she may file a non-employment-based complaint with the Office of Civil Rights of the U.S. Department Of Education (OCR) where such a complaint is within that agency’s jurisdiction; 

6.       advise the complainant that he/she may file an employment-related complaint with the U. S. Equal Employment Opportunity Commission (EEOC) and/or the California department of Fair Employment and Housing (DFEH) where such a complaint is within that agency’s jurisdiction. 

Efforts at informal resolution need not include any investigation unless the Human Resources Officer/Equal Opportunity Coordinator determines that an investigation is warranted by the seriousness of the charges. 

Efforts at informal resolution may continue after the filing of a formal written complaint, but once a formal complaint is filed, an investigation is required to be conducted unless the matter is informally resolved and the complainant dismisses the complaint.  (Title 5, section 59334).   However, any efforts at informal resolution after the filing of a formal complaint shall not extend the ninety (90) day period for rendering the administrative determination. (Title 5, section 59336.) 

In employment-related cases, if the complainant also files with the Department of Fair Employment and Housing, a copy of that filing will be sent to the State Chancellor’s Office requesting a determination as to whether a further investigation under Title 5 is required.  Unless the State Chancellor’s Office determines that a separate investigation is required, the District will discontinue its investigation under Title 5 and the matter will be resolved through the Department of Fair Employment and Housing. 

The District will provide for representation where required by law and may allow for representation for the accused and complainant in other circumstances on a case-by-case basis. 

1.       A person who alleges that he/she has personally suffered non-employment-based unlawful discrimination, or one who has learned of such unlawful discrimination in his/her official capacity (faculty member or administrator) shall meet with the Human Resources Officer/Equal Opportunity Coordinator (or appropriate District officer) within one year of the alleged incident or within one year of the date on which the complainant knew or should have known of the facts underlying the allegation of unlawful discrimination. 

2.       A person who alleges that he/she has personally suffered employment-based unlawful discrimination, or one who has learned of such unlawful discrimination in his/her official capacity (faculty member or administrator) shall meet with the Human Resources Officer/Equal Opportunity Coordinator within 180 days of the violation or within 90 days after the expiration of the 180 days if the complainant obtained knowledge of the facts after the expiration of the 180 days. 

3.       (a)  The Human Resources Officer/Equal Opportunity Coordinator shall fill out an ”Interview Form For Documenting Unlawful Discrimination" at the meeting or prepare a narrative as soon thereafter as practical. 

(b)  When discussing a complaint, the Human Resources Officer/Equal Opportunity Coordinator (or appropriate District officer) will ask the complainant to identify the names of the persons involved, the specific nature of the complaint, conditions giving rise to the complaint, dates of the alleged discrimination, kind of discrimination alleged, and a desired remedy or resolution to the complaint. 

(c)  At the meeting the complainant may be accompanied by a person of his/her choice giving notice to the Human Resources Officer/Equal Opportunity Coordinator.  The complainant will be informed of the Shasta College policy and procedures on discrimination, the options for remedy, the formal written complaint process, and pertinent timelines. 

(d)  The complainant will be advised that the alleged offender shall be informed of the specific nature of the complaint and given an opportunity to respond to the charges. 

4.       The Human Resources Officer/Equal Opportunity Coordinator shall then begin the informal complaint resolution procedure, which may include meeting with the complainant, the respondent and witnesses. 

5.       After the Human Resources Officer/Equal Opportunity Coordinator determines a possible resolution, he/she shall meet with the complainant to discuss the proposed resolution in an attempt to resolve the matter.  If the complainant feels the matter has not been properly resolved, the Human Resources Officer/Equal Opportunity Coordinator shall inform the complainant of his/her right to file a formal written complaint. 

6.       The Interview Form shall become part of the official investigation file if the complainant files a formal written complaint.  If the matter is resolved at this level, the Human Resources Officer/Equal Opportunity Coordinator will determine whether to place a copy of the Interview Form in the student or personnel file belonging to the alleged perpetrator, in accord with applicable procedures. 

7.       Information gathered during this process will be kept confidential to the extent possible.  Reports and records will be maintained by the Human Resources Officer/Equal Opportunity Coordinator (or appropriate District officer). 

8.       Established District disciplinary procedures and policies for students and employees shall be used in the event that disciplinary action is necessary under this procedure. 

C.      Formal Written Complaint  

An investigation of alleged unlawful discrimination will be initiated when an individual files a formal written complaint with the Human Resources Officer/Equal Opportunity Coordinator that meets the following requirements: 

1.       The complaint is filed by one who alleges that he/she has personally suffered unlawful discrimination or by one who has learned of such unlawful discrimination in his/her official capacity as faculty member or administrator. 

2.       The complaint alleges unlawful discrimination prohibited under Title 5, section 59300. 

3.       The complaint is filed with the State Chancellor of the California Community Colleges or with the Shasta Community College Human Resources Officer/Equal Opportunity Coordinator. 

4.       The complaint is on the form prescribed by the State Chancellor of the California Community Colleges. 

5.       In any complaint for a non-employment based issue, the complaint is filed within one year of the date of the alleged unlawful discrimination or within one year of the date on which the complainant knew or should have known the facts underlying the allegation of unlawful discrimination. Initiation of the informal complaint procedure by the complainant begins the one-year period. 

6.       In any complaint alleging discrimination in employment, the complaint is filed within 180 days of the date the alleged unlawful discrimination occurred, except that this period will be extended by no more than 90 days following the expiration of that 180 days if the complainant first obtained knowledge of the facts of the alleged violation after the expiration of 180 days. 

D.      Notice to State Chancellor or District 

A copy of all written complaints filed in accordance with the Title 5 regulations will be forwarded to the State Chancellor’s Office immediately upon receipt.  Similarly, when the State Chancellor’s Office receives a complaint a copy will be forwarded to the District. (5 California Code of Regulations, section 59300, et seq.) 

E.      Complaint Evaluation 

If the complaint is defective, it will be returned immediately to the complainant with an explanation of why an investigation could not be initiated under Title 5, section 59300 et seq.  In addition to the above listed requirements, a complaint will be returned if it does not indicate whether the complainant is a student, employee, or other; if the complaint is not signed with an original signature; if the complaint does not provide enough information to understand what the complainant believes is discriminatory or who was involved; or if the complainant fails to explain how the alleged discrimination was due to a protected category or why the complainant believes retaliation occurred for filing a complaint or asserting one’s rights. 

The complaint need not be investigated if: 

1.       the complaint is unintelligible. 

2.       the complainant withdraws his/her complaint. 

3.       the complaint does not provide sufficient information to proceed with the investigation and/or the complainant fails to cooperate by providing additional information or participating in a meeting with district representatives. 

4.       an employment-based complaint has been filed with the Department of Fair Employment and Housing (DFEH).  The District may forward the DFEH material to the State Chancellor’s Office for a determination of whether an independent investigation under Title 5 is necessary.  The district may discontinue the investigation unless the State Chancellor indicates that a separate investigation is required. 

5.       the District has a court order directing it to prohibit the complainant from entering the campus or participating in an activity or class. 

6.       Nexus/Prima Facie Case/Intake Screening:  The complainant fails, even after the District requests additional information from the complainant, to allege facts that explain why he/she believes the alleged discrimination was because of a protected category or why the complainant believes he/she was retaliated against for filing a complaint or asserting his/her rights.  (For example, if a complaint alleges that the grade a student received in a course was a result of discrimination based on gender, the complaint must state facts to support this claim, such as no person of the complainant’s gender received a passing grade in the class.  The mere assertion of discrimination is not enough to trigger an investigation under Title 5.)  The question is whether the facts alleged by the complainant, assuming they were to be proved true, would tend to suggest that discrimination might have occurred.  If not, the complaint should be dismissed for failing to state a prima facie case. 

F.      Complaint Processing 

A formal written complaint should state the name, address and telephone number of the complainant, the date of the alleged discrimination, the name or names of the respondent(s), a detailed statement that describes the incident and how it occurred, and the names, addresses and telephone numbers of any person or persons who witnessed the incident. 

Upon receiving a complaint which is properly filed in accordance with Title 5, section 59300, the Human Resources Officer/Equal Opportunity Coordinator will commence an impartial fact-finding investigation of the complaint and notify the complainant and Chancellor that he/she is doing so. 

G.     Confidentiality

Investigative processes can best be conducted within a confidential climate, and the District does not reveal information about such matters except as necessary to fulfill its legal obligations.  However, potential complainants are sometimes reluctant to pursue a complaint if their names will be revealed. 

The inability to reveal the name of a complainant or facts that are likely to reveal the identity of the complainant can severely limit the ability of the District to respond.  Complainants must also recognize that persons who are accused of wrongdoing have a right to present their side of the matter, and this right may be jeopardized if the District is prohibited from revealing the name of the complainant or facts that are likely to disclose the identity of the complainant. 

If a complainant insists that his/her name not be revealed, the responsible District officer should take all reasonable steps to investigate and respond to the complaint consistent with the complainant’s request as long as doing so does not jeopardize the rights of other students or employees. 

It is also important that complainants and witnesses understand the possibility that they may be charged with allegations of defamation if they circulate the charges outside of the District’s process.  In general, persons who are participating in a District investigation or disciplinary process that is related to a charge of discrimination are protected from tort claims such as defamation.  However, persons who make allegations outside of these processes or who discuss their claims with persons outside of the process may expose themselves to tort charges.  Complainants, witnesses, and those accused of discrimination will all be asked to sign a confidentiality acknowledgement statement. 

Where an investigation reveals the need for disciplinary action, the complainant may wish to have information about what disciplinary actions the District took.  However, the privacy rights of the persons involved often prevent the District from providing such information.  In student disciplinary actions for sexual assault/physical abuse charges, Education Code, section 76234 provides that the victim shall be informed of the disciplinary action, but that the victim must keep the information confidential.  Disciplinary actions taken against employees are generally considered confidential.

Authority:  Cal. Const. Art. I, Sect. 1; Civil Code Sect. 47; Ed. Code, sections 76234 and 87740; Silberg v. Anderson (1990) 50 Cal.3d. 205; Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, Title IX, Office for Civil Rights, January 9, 2001. 

H.      Investigation 

The Human Resources Officer/Equal Opportunity Coordinator shall begin the investigation procedure that shall include interviews with all individuals reasonably believed to have relevant information, including the complainant and respondent, any witnesses to the conduct, and victims of similar conduct by the respondent that the investigator reasonably believes may exist.  Complainant and respondent shall be allowed to submit evidence to the Human Resources Officer/Equal Opportunity Coordinator or to the investigator assigned that is relevant to the allegations.  In determining whether the alleged conduct constitutes unlawful discrimination, the Human Resources Officer/Equal Opportunity Coordinator will look at the record as a whole and the totality of the circumstances, including the nature of the alleged unlawful discrimination and the context in which the alleged incidents occurred.                                          

District Investigation (5 California Code of Regulations section 59300 et seq.).  The results of the investigation shall be set forth in a written report which shall include the following: 

1.       description of the circumstances giving rise to the complaint; 

2.       summary of the testimony provided by each witness, including the complainant and witnesses identified by the complainant in the complaint; 

3.       analysis of relevant data or other evidence collected during the course of the investigation; 

4.       specific findings as to whether discrimination did or did not occur with respect to the allegations in the complaint; and 

5.       other information deemed appropriate by the District. 

NOTE:  Authority cited:  Government Code, section 11138; Education Code, sections 66700 and 70901.  Referenced:  Government Code, sections 11135, 11136, and 11138. 

The report shall be considered a confidential document not subject to disclosure and shall be submitted to the District Superintendent for final administrative determination. 

I.        Administrative Determination

                        Within ninety (90) days of receiving a complaint, the District shall complete its investigation and forward a copy of the investigative report to the State Chancellor, a copy or a summary of the report to the complainant, and written notice setting forth the following to both the complainant and the State Chancellor: 

1.       the determination of the chief executive officer or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint; 

2.       a description of actions taken, if any, to prevent similar problems 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 the State Chancellor. 

NOTE:        Authority cited:  Government Code, section 11138; Education Code, sections 66700 and 70901.  Reference:  Government Code, sections 11135, 11136, and 11138.

Authority:  (5 California Code of Regulations, section 59336)

 J.       Complainant’s Appeal Rights

Complainants have appeal rights that they may exercise if they are not satisfied with the results of the District’s administrative determination.  At the time the administrative determination and summary is mailed to the complainant, the responsible District officer or his/her designee shall notify the complainant of his/her appeal rights as follows: 

1.       First level of appeal:  The complainant has the right to file an appeal to the District’s governing board within 15 days from the date of the administrative determination.  The District’s governing board will review the original complaint, the investigative report, the administrative determination, and the appeal. 

2.       The District’s governing board will issue a final District decision in the matter within 45 days after receiving the appeal.  Alternatively, the District’s governing board may elect to take no action within 45 days, in which case the original decision in the administrative determination will be deemed to be affirmed and shall become the final District decision in the matter.  A copy of the final decision rendered by the District’s governing board will be forwarded to the complainant and to the State Chancellor’s Office.

3.       Second level of appeal:  The complainant has the right to file an appeal with the California Community College Chancellor’s Office in any case not involving employment-related discrimination within 30 days from the date that the governing board issues the final District decision or permits the administrative determination to become final by taking no action within 45 days.

  Complainants must submit all appeals in writing.

 Authority:  (5 California Code of Regulations, sections 59338 and 59339) 

K.      Forward to State Chancellor

Within 150 days of receiving a complaint, the District will forward the following to the State Chancellor:

 1.       the original complaint; 

2.       the report describing the nature and extent of the investigation conducted by the District; 

3.       a copy of the final District decision rendered by the Governing Board or a statement indicating the date on which the administrative determination became final pursuant as a result of taking no action on the appeal within 45 days; 

4.       a copy of the notice of appeal rights to the complainant required; and 

5.       such other information as the State Chancellor may require. 

Authority:  (5 California Code of Regulations Section 59338 and 59340). 

L.      Extensions