Cal. Code Regs. tit. 5 § 53003

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 53003 - District EEO Plans
(a) The governing board of each community college district shall adopt a district-wide, written EEO plan to implement its equal employment opportunity program. Such plans shall:
(1) be developed in collaboration with the district's Equal Employment Opportunity Advisory Committee established pursuant to section 53005;
(2) be reviewed and adopted at a regular meeting of the governing board where it is agendized as a separate action item, and not part of the consent agenda;
(3) cover a period of 3 years, after which a new or revised plan shall be adopted; and
(4) be submitted to the Chancellor at least 90 days prior to its adoption. Comments received from the Chancellor's Office on the proposed plan must be presented to the governing board prior to adoption.
(b) Districts shall annually review their EEO plans and assess progress toward meeting EEO program goals. This annual review shall occur during regular meetings of district governing boards. In the event a district has not met the program goals described in the EEO plan, the district shall adopt a revised EEO plan that specifies the efforts it will employ to meet those goals.
(c) EEO plans shall include all of the following elements:
(1) specific pre-hiring, hiring, and post-hiring EEO strategies the district intends to implement each year over the life of the plan. A district's strategies may include options listed in section 53024.1, and other practices informed by the district's workforce and applicant analyses.
(2) a schedule identifying the timetables for implementation of the identified EEO strategies.
(3) identification of the district EEO officer, with delegated responsibility and authority for implementing the EEO plan and assuring compliance with the requirements of this subchapter pursuant to section 53020;
(4) the procedure for filing complaints pursuant to section 53026;
(5) a process for notifying all district employees of the provisions of the EEO plan and the policy statement required under section 53002;
(6) a process for ensuring that all individuals directly participating in the screening and selection process receive training prior to their participation. Training shall include, but need not be limited to:
(A) the requirements of this subchapter and of state and federal nondiscrimination laws;
(B) the educational benefits of workforce diversity;
(C) the elimination of bias in hiring decisions; and
(D) best practices in serving on a selection or screening committee;
(7) a process for providing annual written notice to appropriate community-based and professional organizations concerning the district's plan and the need for assistance from the community and such organizations in identifying a qualified, diverse pools of applicants. "Written" notice may include mailings and electronic communications;
(8) a process for gathering information and periodic, longitudinal analysis of the district's employees and applicants, broken down by number of persons from monitored groups, in each job category to determine whether additional diversification measures are required and to implement and evaluate the effectiveness of those measures. Each district, shall conduct a data review as part of its plan renewal, and may conduct periodic data reviews more frequently based on district size, demographics, and other unique factors; and
(9) community college districts shall utilize data available from reliable public and private sources to determine, whether monitored groups are underrepresented within district job categories.
(10) strategies for addressing any underrepresentation identified pursuant to paragraph (9) of this subdivision.
(d) Community college districts shall post a copy of their EEO plan on the district's website.
(e) Community college districts shall make continuous, good-faith efforts to implement their plans, achieve employee diversity, and avoid disparate impacts, consistent with state and federal law.

Cal. Code Regs. Tit. 5, § 53003

1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (c)(4) and (7) 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. Amendment of subsections (b), (c) and (c)(7), new subsections (c)(8)-(9) and subsection renumbering, amendment of newly designated subsection (c)(10) and new subsection (f) filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and NOTE filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
5. Amendment filed 9-19-2013; operative 10-19-2013. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2013, No. 38).
6. Editorial correction removing inadvertently retained prior version of subsection (b) (Register 2014, No. 29).
7. Change without regulatory effect amending NOTE filed 2-2-2018; operative 2-2-2018. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2018, No. 8).
8. Repealer and new section filed 9-20-2022; operative 10-20-2022. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2022, No. 40).

Note: Authority cited: Sections 66271.1, 66700, 70901 and 87105, Education Code. Reference: Sections 66010.2, 66030, 66071, 66270 and 87360, Education Code; and Sections 11135, 11136, 11137, 11139 and 11139.8, Government Code.

1. Repealer and new section filed 3-26-92; operative 4-24-92 (Register 92, No. 17).
2. Amendment of subsections (c)(4) and (7) 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. Amendment of subsections (b), (c) and (c)(7), new subsections (c)(8)-(9) and subsection renumbering, amendment of newly designated subsection (c)(10) and new subsection (f) filed 5-31-96; operative 6-30-96. Submitted to OAL for printing only (Register 96, No. 23).
4. Amendment of section and Note filed 7-12-2002; operative 8-11-2002. Submitted to OAL for printing only (Register 2002, No. 35).
5. Amendment filed 9-19-2013; operative 10-19-2013. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2013, No. 38).
6. Editorial correction removing inadvertently retained prior version of subsection (b) (Register 2014, No. 29).
7. Change without regulatory effect amending Note filed 2-2-2018; operative 2-2-2018. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2018, No. 8).
8. Repealer and new section filed 9-20-2022; operative 10/20/2022. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2022, No. 40).