Section 7365 - Formal Investigation and Decision(a) The Equal Employment Opportunity Investigator shall conduct an impartial investigation of the complaint and, within 70 working days of receipt of the complaint, provide a written Report of Findings to the Chief, Office of Civil Rights and Affirmative Action.(b) At a minimum, the impartial investigation shall include a review of the documentary evidence and an interview with all of the following: (1) The complainant who may be accompanied by a representative of his/her choosing.(3) The respondent's supervisor.(c) Within 15 working days of receipt of the written Report of Findings, the Chief, Office of Civil Rights and Affirmative Action shall prepare a proposed decision for the Chief Deputy Director. A copy of the proposed decision, along with the Report of Findings, shall be transmitted to the Chief Deputy Director for review.(d) Upon review of the proposed decision and the Report of Findings, the Chief Deputy Director shall transmit a copy of the proposed decision and the Report of Findings to the complainant and shall give the complainant ten working days within which to request an opportunity to discuss with the Chief Deputy Director the proposed decision and the Report of Findings. The discussion shall be limited to those findings and conclusions that the complainant believes are unsupported by a preponderance of the evidence or are based upon erroneous information or investigative procedures.(e) Within 15 working days of receiving the proposed decision or conducting the discussion pursuant to (d), whichever is later, the Chief Deputy Director shall render a final decision in writing to the complainant. The final decision shall include a statement of the complainant's right, if dissatisfied with the decision, to file a complaint with the U.S. Department of Education, Office for Civil Rights for that office to determine jurisdiction.Cal. Code Regs. Tit. 9, § 7365
1. New section filed 7-6-94; operative 8-5-94 (Register 94, No. 27). Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR 100.6, 104.7, 104.51 and 104.61; and Section 19752(w), Government Code.
1. New section filed 7-6-94; operative 8-5-94 (Register 94, No. 27).