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 › Section 59338 - Final District Decision; Appeals to Local Governing Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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).
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.