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NONDISCRIMINATION IN EMPLOYMENT

ADMINISTRATIVE REGULATION - 4030

All allegations of discrimination in employment, including those involving an intern, volunteer, or job applicant, shall be investigated and resolved in accordance with procedures specified in this administrative regulation.

 

The district designates the position identified below as its coordinator for nondiscrimination in employment (“Coordinator”) to coordinate the district's efforts to comply with state and federal nondiscrimination laws and to answer inquiries regarding the district's nondiscrimination policies. The Coordinator may be contacted at:

 

Assistant Superintendent, Human Resources

5050 Barranca Parkway

Irvine, CA 92604

(949) 936-5000

 

Measures to Prevent Discrimination

 

To prevent unlawful discrimination, harassment, and retaliation in district employment, the Superintendent or designee shall implement the following measures:

  1. Publicize the district's nondiscrimination policy and regulation by: Referencing them in each application form that is used in employee recruitment
    1. Posting them in all district schools and offices, including staff lounges and other prominent locations
    2. Posting them on the district's website
  2. Disseminate the district's nondiscrimination policy to all employees by one or more of the following methods:
    1. Printing and providing a copy of the policy to all employees, with an acknowledgment form for each employee to sign and return
    2. Sending the policy via email with an acknowledgment return process
    3. Posting the policy on the district website
    4. Discussing the policy with employees upon hire and/or during a new hire orientation session
    5. Any other way that ensures employees receive and understand the policy
  3. Training for supervisors shall include the requirement to report any complaint of misconduct to a designated representative, such as the coordinator, human resources director, or Superintendent or designee as a topic in the sexual harassment prevention training.
  4. Periodically review the district's recruitment, hiring, and promotion processes and regularly monitor the terms, conditions, and privileges of employment to ensure district compliance with law.

Complaint Procedure

 

Any complaint alleging unlawful discrimination or harassment shall be addressed in accordance with the following procedures:

  1. Notice and Receipt of Complaint:
    1. Any employee or job applicant (the “complainant”) who believes he/she has been subjected to prohibited discrimination or harassment shall promptly inform his/her supervisor, or the district’s Coordinator for Nondiscrimination in Employment
    2. A complainant may inform his/her direct supervisor, another supervisor, the Coordinator, or the Superintendent’s designee
    3. The complainant may file a written complaint in accordance with this procedure, or if he/she is an employee, may first attempt to resolve the situation informally with his/her supervisor
    4. A supervisor or manager who has received information about an incident of discrimination or harassment, or has observed such an incident, shall report it to the Coordinator or designee, whether or not the complainant files a written complaint
    5. The written complaint should contain the complainant's name, the name of the individual who allegedly committed the act, a description of the incident, the date and location where the incident occurred, any witnesses who may have relevant information, other evidence of the discrimination or harassment, and any other pertinent information which may assist in investigating and resolving the complaint
  2. Investigation Process: 
    1. The Coordinator or designee shall promptly initiate an impartial review of an allegation of discrimination or harassment regardless of whether a written complaint has been filed or whether the written complaint is complete
    2. The Coordinator or designee shall communicate with the complainant to describe the district's complaint procedure and discuss the actions being sought by the complainant in response to the allegation. The Coordinator or designee shall inform the complainant that the investigation of the allegations will be fair, timely, and thorough and will be conducted in a manner that provides all parties due process and reaches reasonable conclusions based on the evidence collected. He/she shall also inform the parties that the investigation will be kept confidential to the extent possible, but that some information may be revealed as necessary to conduct an effective investigation
    3. The Coordinator or designee also shall determine whether interim measures, such as scheduling changes, transfers, or leaves, need to be taken before the investigation is completed to ensure that further incidents are prevented. The Coordinator shall ensure that such interim measures do not constitute retaliation
    4. If the Coordinator or designee determines that a detailed fact-finding investigation is necessary, he/she shall promptly begin the investigation. The Coordinator may, with concurrence of the Superintendent, retain an outside investigator to conduct the investigation. As part of this investigation, the Coordinator should interview the complainant, the person accused, and other persons who could be expected to have relevant information
    5. The Coordinator or designee shall monitor the progress of the investigation to ensure reasonable progress and shall inform the parties as necessary
    6. When necessary to carry out his/her investigation or to protect employee safety, the Coordinator or designee may discuss the complaint with the Superintendent or designee, district legal counsel, or the district's Risk Manager\
  3. Written Report on Findings and Remedial/Corrective Action: 
    1. The Coordinator or designee shall conclude the investigation and respond to the complainant in writing of his/her findings. In most instances, the investigation will be concluded and the report of findings prepared within 60 days of receipt of the complaint
    2. The report shall include the decision of the investigator as to whether unlawful discrimination or harassment occurred and the reasons for the decision, and shall summarize the steps taken during the investigation. If a determination has been made that discrimination or harassment occurred, the report also shall include any corrective action(s) that have been or will be taken to address the behavior, provide appropriate options for remedial actions and resolutions for the complainant, and ensure that retaliation or further discrimination or harassment is prevented. Specific disciplinary measures imposed on an employee will not be disclosed in the report. The report, or a summary thereof, shall be presented to the complainant, the person accused, and the Superintendent or designee
  4. Appeal to the Governing Board:
    1. The complainant may appeal any findings to the Board within 10 days of receiving the written report of the Coordinator's findings. The Superintendent or designee shall provide the Board with all information presented during the investigation
    2. Upon receiving an appeal, the Board shall consider the appeal as soon as practicable. The Board may uphold the coordinator or designee’s decision without a hearing, may appoint a hearing panel to review the complaint and previous decisions and make recommendations to the Board, or may take other action as the Board deems appropriate
    3. In an appeal, any complaint against a district employee shall be addressed in closed session in accordance with law. The Board will provide the employee with written notice of the intent to hold a closed session discussion of the complaint and appeal. (Government Code section 54957(b).) The Board shall render its decision within 30 days of hearing the appeal or deciding not to hear the appeal. Any decision by the Board is final

Other Remedies

 

In addition to filing a discrimination or harassment complaint with the district, a person may file a complaint with either the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). The time limits for filing such complaints are as follows:

  1. To file a valid complaint with DFEH, within one year of the alleged discriminatory act(s), unless an exception exists pursuant to Government Code 12960 (Government Code 12960);
  2. To file a valid complaint directly with EEOC, within 180 days of the alleged discriminatory act(s) (42 USC 2000e-5);
  3. To file a valid complaint with EEOC after first filing a complaint with DFEH, within 300 days of the alleged discriminatory act(s) or within 30 days after the termination of proceedings by DFEH, whichever is earlier (42 USC 2000e-5).

 

Policy Adopted: August 31, 2004

Policy Revised: March 12, 2019