Cal. Code Regs. tit. 5 § 59332

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 59332 - Defective Complaint
(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.

Cal. Code Regs. Tit. 5, § 59332

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.

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).