reglab/statecodes huggingface dataset:
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 59327 - Informal Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When charges of unlawful discrimination
					 are brought to the attention of a responsible district officer, the district
					 may undertake efforts to informally resolve the charges with the complainant's
					 consent. The district must advise complainants that they need not participate
					 in informal resolution.
(b) Efforts
					 at informal resolution pursuant to subdivision (a) may, but need not include an
					 investigation. The responsible district officer determines when an
					 investigation is warranted.
(c)
					 Efforts at informal resolution may continue after a written or verbal complaint
					 is made. The investigation must be completed unless the matter is informally
					 resolved and the complainant dismisses the complaint. The district may proceed
					 with an investigation notwithstanding an informal resolution.
(d) Any efforts at informal resolution after
					 a written or verbal complaint is made shall be completed within ninety (90)
					 days.
(e) The timelines under
					 section 59336, subdivision (a) or (b) shall
					 be tolled while the parties are engaged in good faith efforts at informal
					 resolution.
1. New
						section filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only
						(Register 96, No. 23).
2. Amendment of subsections (a)(3) and (c)
						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 section and 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
						8-19-2020; operative 9-18-2020. Submitted to OAL for filing and printing only
						pursuant to Education Code section
						70901.5
						(Register 2020, No. 40).
6. New subsection (e) 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; and Sections
						  11135 and
						  11136,
						  Government Code.
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 59328 - Complaints of Unlawful Discrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Complaints of unlawful discrimination may
					 be written or verbal, and may be made by a student, an employee, a parent of a
					 minor, or an individual with legal authority on behalf of a student or
					 employee. A complaint must allege facts that, if true, would constitute a
					 violation of state or federal laws prohibiting unlawful
					 discrimination.
(b) Any complaints
					 to a responsible employee under California law or Title IX of the Education
					 Amendments Act of 1972, 20
					 U.S.C. §§
												1681-1688,
					 shall be forwarded to the responsible district officer or designee.
(c) Written complaints shall be provided to
					 the responsible district officer or designee pursuant to section
					 59324.
(d) The complainant may be requested, but
					 shall not be required, to submit the complaint on a form prescribed by the
					 Chancellor or the community college district.
(e) Verbal complaints shall be lodged with
					 the responsible district officer or designee. The responsible district officer
					 or designee shall record the verbal complaint in writing. The district shall
					 take appropriate steps to ensure the writing accurately reflects the facts
					 alleged by the complainant.
(f) In
					 any complaint not involving employment:
(1)
					 the complaint shall be 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 of the facts underlying the allegation of unlawful
					 discrimination;
(2) districts shall
					 advise student complainants that they may file their nonemployment-based
					 complaint with the Office for Civil Rights of the U.S. Department of Education
					 (OCR) where such a complaint is within that agency's
					 jurisdiction.
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 59329 - Complaints Filed with Chancellor. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section and NOTE filed 3-20-2002; operative 4-19-2002. Submitted
						to OAL for printing only (Register 2002, No. 13).
2. Change without
						regulatory effect amending section and 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).
3. 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).
4. Repealer 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; and Section
						  11138,
						  Government Code. Reference: Sections
						  66250 et
						  seq. and
						  72011,
						  Education Code; and Sections
						  11135 and
						  11136,
						  Government Code.
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 59330 - Notice to Chancellor. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section and NOTE filed 2-7-2001; operative 3-9-2001. Submitted to
						OAL for printing only (Register 2001, No. 6).
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. Change without regulatory
						effect amending section and 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).
4. 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).
5. Repealer 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; and Section
						  11138,
						  Government Code. Reference: Sections
						  66250 et
						  seq. and
						  72011,
						  Education Code; and Sections
						  11135 and
						  11136,
						  Government Code.
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 59332 - Defective Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a district receives a complaint that
					 does not meet the requirements of section
					 59328, the district shall notify
					 the complainant in writing within 14 days that the complaint does not contain
					 allegations of unlawful discrimination that are sufficient under section
					 59328 to trigger an unlawful
					 discrimination investigation. The district shall specify why the complaint is
					 defective.
(b) If the defect is
					 based on the complainant's failure to state sufficient facts to support a claim
					 of unlawful discrimination, the district shall offer the complainant an
					 opportunity to proffer additional facts to support their claims through an
					 intake interview, which shall be scheduled as soon as reasonably convenient for
					 the parties.
(c) If, after the
					 intake interview, the district determines that a complainant has still not
					 stated sufficient facts to support a claim of unlawful discrimination, the
					 district shall provide the complainant with a written determination explaining
					 the basis for dismissing the complaint within 14 days of the intake interview.
					 The district must also notify the complainant of their right to appeal this
					 determination directly to the Chancellor's Office pursuant to section
					 59339.
1. Change
						without regulatory effect amending section and 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).
2. 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).
3. Amendment of section and 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).
Note: Authority cited: Sections
						  66271.1,
						  66700 and
						  70901,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  66250,
						  66251,
						  66252 and
						  72011,
						  Education Code; and Sections
						  11135 and
						  11136,
						  Government Code.
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 59333 - Office for Civil Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Whenever the Chancellor renders a decision pursuant to article 4 (commencing
					 with section
					 59350) of this subchapter, the
					 Chancellor shall notify the complainant that he or she may file a complaint
					 regarding the same matter with the Office For Civil Rights of the U.S.
					 Department of Education (OCR) where the complaint is within the jurisdiction of
					 that agency.
(b) In such cases, OCR
					 will normally accept compliance with these regulations as satisfying the due
					 process requirements of federal law.
(c) OCR shall have no jurisdiction to rule on
					 any finding regarding violation of state law.
1. New
						section filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only
						(Register 96, No. 23).
2. Amendment of subsection (a) filed
						3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register
						2002, No. 13).
3. 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).
4. Amendment of subsection (a) 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).
Note: Authority cited: Sections
						  66271.1,
						  66700 and
						  70901,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  66250,
						  66251,
						  66252 and
						  72011,
						  Education Code; and Sections
						  11135 and
						  11136,
						  Government Code.
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 59334 - District Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receiving a complaint that is
					 properly made in accordance with section
					 59328, the district shall notify
					 the complainant that the district will commence an impartial fact-finding
					 investigation of the allegations contained in the complaint.
(b) The results of the investigation shall be
					 set forth in a written report that shall include the following:
(1) a description of the circumstances giving
					 rise to the complaint;
(2) a
					 summary of the testimony provided by each witness with information relevant to
					 the allegations, including the complainant;
(3) an explanation of why an identified
					 potential witness was not interviewed;
(4) an analysis of any relevant data or other
					 evidence collected during the course of the investigation;
(5) a specific finding as to whether each
					 factual allegation in the complaint occurred based on the preponderance of the
					 evidence standard; and
(6) any
					 other information deemed appropriate by the district.
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 59336 - Administrative Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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 59337 - Title IX and Student Discipline Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In cases of student sexual misconduct
					 subject to Title IX of the Education Amendments Act of 1972,
					 20 U.S.C. §§
												1681-1688, districts must comply with
					 the federal Department of Education's Title IX regulations, 34 C.F.R. Part
					 106.
(b) In cases of student sexual
					 misconduct that are not subject to Title IX, when an accused student is subject
					 to severe disciplinary sanctions, and the credibility of witnesses was central
					 to the investigative findings, district student discipline procedures must
					 provide the following:
(1) An opportunity for
					 the accused student to cross-examine witnesses indirectly at a live hearing,
					 either in person or by videoconference; and
(2) A live hearing conducted by a neutral
					 decision-maker other than the investigator.
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 59339 - Appeal to the Chancellor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In any case not involving employment
					 discrimination, the complainant may file a written appeal with the Chancellor
					 within thirty (30) days from the date of the district's notice of final
					 decision. Such appeals shall be processed pursuant to the provisions of article
					 4 (commencing with section
					 59350) of this subchapter. The
					 appeal must include copies of the complaint, the decision of the governing
					 board, and the notice of final decision.
(b) In any case involving employment
					 discrimination, the complainant may, before or after the final district
					 decision is rendered, file a complaint with the Department of Fair Employment
					 and Housing (DFEH).
(c) In any
					 complaint dismissed pursuant to section
					 59332, a complainant may file a
					 written appeal with the Chancellor within thirty (30) days from the date of the
					 notice of dismissal.
(d) For any
					 appeal under subdivision (a) or (c), the district shall provide all relevant,
					 non-privileged documents upon request of the Chancellor.
1. New
						section filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only
						(Register 2001, No. 6).
2. Amendment of section heading and section
						filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only
						(Register 2002, No. 13).
3. Amendment of subsection (b), repealer of
						subsections (b)(1)-(3) 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).
4. Amendment of subsection (a) 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).
5. Amendment of section heading, 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).
6. New subsection (c), subsection
						relettering and amendment of newly designated subsection (d) 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; and Sections
						  11135 and
						  11136,
						  Government Code.
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 59340 - Disclosures to the Chancellor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon request of the Chancellor, a
					 district shall provide copies of all documents related to a discrimination
					 complaint, including the following:
(1) the
					 complaint;
(2) any investigative
					 report, unless subject to the attorney-client privilege;
(3) the final district decision rendered by
					 the governing board or a statement indicating the date on which the
					 administrative determination became final pursuant to section
					 59338(a) or
					 (d);
(4) the notice to the complainant required by
					 section 59338(a) or
					 (d);
(5) the complainant's appeal of the
					 district's administrative determination pursuant to section
					 59338(a);
					 and
(6) any other non-privileged
					 documents or information the Chancellor requests.
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 59342 - Extensions; Failure to Comply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a district is unable to comply with
					 the 90-day deadline pursuant to sections
					 59327 and
					 59336, the district may extend the
					 time to respond by up to 45 additional days. An extension may be taken only
					 once without permission from the Chancellor's Office, and must be necessary for
					 one of the following reasons:
(1) a need to
					 interview a party or witness who has been unavailable;
(2) a need to review or analyze additional
					 evidence, new allegations, or new complaints related to the matter;
					 or
(3) to prepare and finalize an
					 administrative determination.
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 4 - Chancellor's Procedure to Effect Compliance › Section 59350 - Chancellor's Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Chancellor's review on appeal is limited to the following issues:
(1) whether there was a procedural error in
					 violation of this subchapter;
(2)
					 whether there was a defect in the investigation;
(3) whether new evidence unavailable during
					 the investigation despite the complainant's due diligence would substantially
					 impact the outcome of the investigation;
(4) whether correct legal standards were
					 applied; and
(5) whether the
					 district's determination was an abuse of discretion.
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 4 - Chancellor's Procedure to Effect Compliance › Section 59351 - New Issues Raised on Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, upon review of the materials submitted by the
						complainant pursuant to section
						59339(a), the
						Chancellor's Office finds that issues or facts not included in the complaint
						have been raised for the first time on appeal, the Chancellor's Office will
						provide the district a reasonable opportunity to respond to the new issues or
						facts raised by the complainant.
1. New
						section filed 2-7-2001; operative 3-9-2001. Submitted to OAL for printing only
						(Register 2001, No. 6).
2. Amendment of section heading and section
						filed 3-20-2002; operative 4-19-2002. Submitted to OAL for printing only
						(Register 2002, No. 13).
3. 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).
4. 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).
Note: Authority cited: Sections
						  66271.1,
						  66700 and
						  70901,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  66250 et
						  seq. and
						  72011,
						  Education Code; and Sections
						  11135 and
						  11136,
						  Government Code.
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 4 - Chancellor's Procedure to Effect Compliance › Section 59352 - Remand

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Chancellor
					 may remand any matter to the originating district for any of the following
					 reasons:
(1) to cure defects in the
					 investigation or in procedural compliance;
(2) to consider new evidence not available
					 during the investigation despite the complainant's due diligence that would
					 substantially impact the outcome of the investigation; or
(3) to modify or reverse a decision of the
					 local governing board based upon misapplication of an applicable legal standard
					 or an abuse of discretion.
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 4 - Chancellor's Procedure to Effect Compliance › Section 59354 - Informal Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
During the course of the investigation, the Chancellor
						shall seek to informally resolve the alleged violation. Such resolution shall
						be set forth in a written conciliation agreement. A copy of the written
						agreement shall be sent to the complainant.
1.
						Amendment of NOTE filed 3-20-2002; operative 4-19-2002. Submitted to OAL for
						printing only (Register 2002, No. 13).
2. 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).
Note: Authority cited: Sections
						  66271.1,
						  66700 and
						  70901,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  66250 et
						  seq. and
						  72011,
						  Education Code; and Sections
						  11135 and
						  11136,
						  Government Code.
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 4 - Chancellor's Procedure to Effect Compliance › Section 59356 - Formal Resolution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section and NOTE filed 2-7-2001; operative 3-9-2001. Submitted to
						OAL for printing only (Register 2001, No. 6).
2. Amendment filed
						3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register
						2002, No. 13).
3. Amendment of first paragraph and 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).
4. Repealer 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
						  66271.7,
						  66700 and
						  70901,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  66250 et
						  seq. and
						  72011,
						  Education Code; and Sections
						  11135 and
						  11136,
						  Government Code.
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 4 - Chancellor's Procedure to Effect Compliance › Section 59358 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Chancellor finds the district has violated the
						provisions of this subchapter, and if the district does not acquiesce in that
						finding, the Chancellor shall initiate the hearing process pursuant to chapter
						5 (commencing with section
						11500) of part 1, division 3, title
						2 of the Government Code, to determine whether the violation did
						occur.
1.
						Amendment of section and NOTE filed 2-7-2001; operative 3-9-2001. Submitted to
						OAL for printing only (Register 2001, No. 6).
2. Amendment filed
						3-20-2002; operative 4-19-2002. Submitted to OAL for printing only (Register
						2002, No. 13).
3. Change without regulatory effect amending section
						and 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).
Note: Authority cited: Sections
						  66271.1,
						  66700 and
						  70901,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  66250 et
						  seq. and
						  72011,
						  Education Code; and Sections
						  11135 and
						  11136,
						  Government Code.
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 4 - Chancellor's Procedure to Effect Compliance › Section 59360 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon a
					 determination that a district has violated the provisions of this subchapter,
					 the Chancellor shall notify the district of the action he or she will take to
					 effect compliance. The Chancellor may use any means authorized by law to effect
					 compliance, including:
(1) Withhold all or
					 part of the district's state support, including state general apportionment
					 and/or growth funding;
(2) Make
					 eligibility for future state support, including state general apportionment
					 and/or growth funding, and/or eligibility for grants or contracts administered
					 by the Chancellor's Office, conditional on compliance with specified
					 conditions;
(3) Proceed in a court
					 of competent jurisdiction for an appropriate order compelling
					 compliance.
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 4 - Chancellor's Procedure to Effect Compliance › Section 59362 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A decision by the Chancellor pursuant to section
						59360 is subject to judicial review
						by the district, as provided by section
						1094.5
						of the Code of Civil Procedure.
1.
						Amendment of section and NOTE filed 3-20-2002; operative 4-19-2002. Submitted
						to OAL for printing only (Register 2002, No. 13).
2. 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).
Note: Authority cited: Sections
						  66271.1,
						  66700 and
						  70901,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  66250 et
						  seq. and
						  72011,
						  Education Code; and Sections
						  11135 and
						  11136,
						  Government Code.
California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 6 - Waiver of Part-Time Instructor Limit [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				  6 (Sections
				  59380-59388, not consecutive) filed
				  6-1-82; effective thirtieth day thereafter (Register 82, No. 23).
2.
				  Repealer of Chapter 6 (Sections
				  59380-59388, not consecutive) filed
				  3-7-85; effective thirtieth day thereafter (Register 85, No. 10).
Note: Authority cited: Sections
					 71020 and
					 87613,
					 Education Code. Reference: Section
					 87613,
					 Education Code.
California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 7 - Instructional Materials › Section 59400 - Required Instructional Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The governing board of a district may,
				  consistent with the provisions of this subchapter, require students to provide
				  instructional materials required for a credit or noncredit course, provided
				  that such materials are of continuing value to a student outside of the
				  classroom setting, and provided that such materials are not solely or
				  exclusively available from the district.
(b) Required instructional materials shall
				  not include materials used or designed primarily for administrative purposes,
				  class management, course management or supervision.
(c) Where instructional materials are
				  available to a student temporarily through a license or access fee, the student
				  shall be provided options at the time of purchase to maintain full access to
				  the instructional materials for varying periods of time ranging from the length
				  of the class up to at least two years. The terms of the license or access fee
				  shall be provided to the student in a clear and understandable manner prior to
				  purchase.
(d) Except as
				  specifically authorized or required in the Education Code, the governing board
				  of a community college district shall not require a student to pay a fee for
				  any instructional materials required for a credit or noncredit
				  course.
(e) The Chancellor's Office
				  shall adopt guidelines for districts implementing this subchapter.
1. New
					 chapter 7 (sections
					 59400-59408, not consecutive) filed
					 5-16-85; effective thirtieth day thereafter (Register 85, No.
					 20).
2. Amendment filed 3-4-91 by Board of Governors of California
					 Community Colleges with the Secretary of State; operative 4-5-91 (Register 91,
					 No. 23). Submitted to OAL for printing only pursuant to Education Code Section
					 70901.5(b).
3.
					 Amendment of subsection (a) and NOTE filed 9-6-94; operative 10-6-94. Submitted
					 to OAL for printing only pursuant to Education Code section
					 70901.5
					 (Register 94, No. 38).
4. Editorial correction of HISTORY 2
					 (Register 95, No. 29).
5. Amendment of subchapter heading and
					 section filed 8-8-2012; operative 9-7-2012. Submitted to OAL for printing only
					 pursuant to Education Code section
					 70901.5
					 (Register 2012, No. 32).
Note: Authority cited: Sections
						66700,
						70901 and
						76365,
						Education Code. Reference: Sections
						70901,
						70902 and
						76365,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 7 - Instructional Materials › Section 59402 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this subchapter the following
					 definitions apply:
(a) "Required
				  instructional materials" means any materials which a student must procure or
				  possess as a condition of registration, enrollment or entry into a class; or
				  any such material which the instructor determines is necessary to achieve the
				  required objectives of a course.
(b) "Solely or exclusively available from the
				  district" means that the instructional material is not available except through
				  the district, or that the district requires that the instructional material be
				  purchased or procured from it. A material shall not be considered to be solely
				  or exclusively available from the district if it is provided to the student at
				  the district's actual cost and:
(1) the
				  instructional material is otherwise generally available, but is provided solely
				  or exclusively by the district for health and safety reasons; or
(2) the instructional material is provided in
				  lieu of other generally available but more expensive material which would
				  otherwise be required.
California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 7 - Instructional Materials › Section 59404 - District Policies and Regulations for Instructional Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The governing
				  board of a community college district which requires that students provide
				  instructional materials for a course shall adopt policies or regulations,
				  consistent with the provisions of this subchapter, which specify the conditions
				  under which such materials will be required. These policies and regulations
				  shall direct instructors to take reasonable steps to minimize the cost and
				  ensure the necessity of instructional materials.
(b) The policies or regulations specified in
				  subdivision (a) shall be published in each college catalog developed after the
				  date of adoption.
1. Amendment
					 filed 3-4-91 by Board of Governors of California Community Colleges with the
					 Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL
					 for printing only pursuant to Education Code Section
					 70901.5(b).
2.
					 Amendment of section and NOTE filed 9-6-94; operative 10-6-94. Submitted to OAL
					 for printing only pursuant to Education Code section
					 70901.5
					 (Register 94, No. 38).
3. Editorial correction of HISTORY 1
					 (Register 95, No. 29).
4. Amendment 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 section heading and
					 subsection (a) filed 8-8-2012; operative 9-7-2012. Submitted to OAL for
					 printing only pursuant to Education Code section
					 70901.5
					 (Register 2012, No. 32).
Note: Authority cited: Sections
						66700,
						70901 and
						76365,
						Education Code. Reference: Sections
						70901,
						70902 and
						76365,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 7 - Instructional Materials › Section 59406 - Report to Chancellor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The governing board of a community college district which
					 prescribes required instructional materials for its courses shall respond to
					 periodic surveys or inquiries of the Chancellor on the
					 subject.
1. Amendment
					 filed 3-4-91 by Board of Governors of California Community Colleges with the
					 Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL
					 for printing only pursuant to Education Code Section
					 70901.5(b).
2.
					 Amendment of NOTE filed 9-6-94; operative 10-6-94. Submitted to OAL for
					 printing only pursuant to Education Code section
					 70901.5
					 (Register 94, No. 38).
3. Editorial correction of HISTORY 1
					 (Register 95, No. 29).
4. Amendment filed 8-8-2012; operative
					 9-7-2012. Submitted to OAL for printing only pursuant to Education Code section
					 70901.5
					 (Register 2012, No. 32). Submitted to OAL for printing only pursuant to
					 Education Code section
					 70901.5
					 (Register 2012, No. 32).
Note: Authority cited: Sections
						66700,
						70901 and
						76365,
						Education Code. Reference: Sections
						70901,
						70902 and
						76365,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 7 - Instructional Materials › Section 59406.5 - Reports Re Instructional Materials Used

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each district board shall make reports, whenever required,
					 directly to the Board of Governors or Chancellor's Office, concerning the
					 instructional materials used in its colleges.
1. New
					 section filed 3-4-91 by Board of Governors of California Community Colleges
					 with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted
					 to OAL for printing only pursuant to Education Code Section
					 70901.5(b).
2.
					 Editorial correction of HISTORY 1 (Register 95, No.
					 29).
Note: Authority cited: Sections
						66700 and
						70901,
						Education Code. Reference: Section
						70901,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 7 - Instructional Materials › Section 59408 - Violations of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The governing board of a district which prescribes required
					 instructional materials in violation of this subchapter shall be deemed to have
					 established a student fee not expressly established by law.
1. Amendment
					 filed 3-4-91 by Board of Governors of California Community Colleges with the
					 Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL
					 for printing only pursuant to Education Code Section
					 70901.5(b).
2.
					 Amendment of section heading, text and NOTE filed 9-6-94; operative 10-6-94.
					 Submitted to OAL for printing only pursuant to Education Code section
					 70901.5
					 (Register 94, No. 38).
3. Editorial correction of HISTORY 1
					 (Register 95, No. 29).
4. Change without regulatory effect amending
					 section heading and section 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 8-8-2012; operative
					 9-7-2012. Submitted to OAL for printing only pursuant to Education Code section
					 70901.5
					 (Register 2012, No. 32).
Note: Authority cited: Sections
						66700,
						70901 and
						76365,
						Education Code. Reference: Sections
						70901,
						70902 and
						76365,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 7.5 - Student Financial Obligations › Section 59410 - District Debt Collection Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any activity by a district to collect a debt from a student
					 must commence with written notice to the student or former student that they
					 have failed to pay a financial obligation due to the district. The governing
					 board of a community college district may not withhold grades or transcripts
					 from students or former students in an effort to collect a debt. All debt
					 collection activities must promptly end when a student satisfactorily meets
					 their financial obligations to the district.
1. New
					 section filed 3-4-91 by Board of Governors of California Community Colleges
					 with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted
					 to OAL for printing only pursuant to Education Code Section
					 70901.5(b).
2.
					 New subchapter 7.5 heading filed 9-6-94; operative 10-6-94. Submitted to OAL
					 for printing only pursuant to Education Code section
					 70901.5
					 (Register 94, No. 38).
3. Editorial correction of HISTORY 1
					 (Register 95, No. 29).
4. Repealer and new section 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
						66700 and
						70901,
						Education Code. Reference: Section
						1788.93, Civil
						Code.
California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 8 - District Reorganization › Section 59420 - Newly Formed District

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A community college district is a newly formed district up
					 to the close of the fiscal year in which its formation became effective for all
					 purposes.
1. New
					 subchapter 8 and section filed 5-15-93; operative 6-4-93 (Register 93, No.
					 25).
Note: Authority cited: Sections
						66700 and
						70901,
						Education Code. Reference: Section
						70901,
						Education Code.