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 2 - Definitions › Section 59311 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this subchapter, the following
						definitions shall apply:
(a) "Appeal"
					 means a request by a complainant made in writing to a community college
					 district governing board pursuant to section
					 59338 and/or to the Chancellor's
					 Office pursuant to section
					 59339 to review the administrative
					 determination of a community college district regarding a complaint of
					 discrimination.
(b) "Complaint"
					 means a written or verbal statement meeting the requirements of section
					 59328 that alleges unlawful
					 discrimination in violation of this subchapter.
(c) "Days" means calendar days, unless
					 otherwise specified.
(d) "Neutral
					 investigator" means an outside investigator or an internal investigator who is
					 not in the chain of command of the respondent, not substantially implicated by
					 the allegations in the complaint, and who is otherwise impartial. Neutral
					 investigators shall be properly trained to conduct such
					 investigations.
(e) "Unlawful
					 discrimination" means unfair or unequal treatment of an individual (or group)
					 based upon an actual or perceived characteristic related to ethnic group
					 identification, national origin, immigration status, religion, age, sex,
					 gender, gender identification, gender expression, military and veteran status,
					 marital status, medical condition, race, color, ancestry, sexual orientation,
					 physical or mental disability, or any other characteristic protected under
					 applicable federal or state law.
1. New
						section filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only
						(Register 2001, No. 6). For prior history, see Register 92, No.
						17.
2. Amendment of section and NOTE filed 3-20-2002; operative
						4-19-2002. Submitted to OAL for printing only (Register 2002, No.
						13).
3. New subsection (c) and subsection relettering filed
						4-15-2002; operative 5-15-2002. Submitted to OAL for printing only (Register
						2002, No. 23).
4. New subsections (f)-(g) and amendment of NOTE
						filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only
						pursuant to Education Code section
						70901.5
						(Register 2006, No. 17).
5. Amendment of subsection (f), new
						subsection (g) and subsection relettering 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 (c), new
						subsection (d) and subsection relettering 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).
Note: Authority cited: Sections
						  66271.1,
						  66700 and
						  70901,
						  Education Code. Reference: Sections
						  66250,
						  66251,
						  66252,
						  66270 and
						  72011,
						  Education Code; Sections
						  11135 and
						  12926,
						  Government Code; and Sections
						  422.6 and
						  422.55, Penal
						  Code.