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(continued) ctions 232 and 70901, Education Code; and Section 11135, Government Code. Reference: Sections 200 et seq., Education Code.
s 59310. Incorporation by Reference.
Except as otherwise provided by this subchapter, those definitions of activities prohibited by, and persons protected by, title 22 of the California Code of Regulations (commencing with section 98100) are incorporated into and made applicable to this subchapter as if fully set forth here.
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 Section 11135, Government Code.
s 59311. Definitions.
For purposes of this subchapter, the following definitions shall apply:
(a) "Appeal" means a request by a complainant made in writing to a community college district governing board pursuant to section 59338 and/or to the Chancellor's Office pursuant to section 59339 to review the administrative determination of a community college district regarding a complaint of discrimination.
(b) "Complaint" means a written and signed statement meeting the requirements of section 59328 that alleges unlawful discrimination in violation of this subchapter.
(c) "Days" means calendar days.
(d) Except for purposes of section 59306, "disability" means any mental or physical disability as defined in Government Code section 12926.
(e) "Discrimination on the basis of sex" means sexual harassment or discrimination on the basis of gender.
(f) "Gender" includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.
(g) "Sexual orientation" means heterosexuality, homosexuality, or bisexuality.
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; Sections 11135 and 12926, Government Code; and Sections 422.6 and 422.55, Penal Code.
s 59320. District Responsibility.
Each community college district has primary responsibility to insure that its programs and activities are available to all persons without regard to their actual or perceived ethnic group identification, national origin, religion, age, race, sex, color, sexual orientation, ancestry, or physical or mental disability or to their association with a person or group with one or more of these actual or perceived characteristics. Therefore, each community college district shall investigate complaints of unlawful discrimination in its programs or activities, and seek to resolve those complaints in accordance with the provisions of this subchapter.
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; Sections 11135 and 12926, Government Code; and Sections 422.6 and 422.55, Penal Code.
s 59322. District Regulations.
Each community college district shall establish and adopt written policies consistent with this subchapter. When the policies are adopted or amended, they shall be submitted to the Chancellor for review and approval within 90 days of the effective date of the adoption or amendment(s).
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 Section 11135, Government Code.
s 59324. Responsible District Officer.
Each community college district shall identify to the Chancellor and to the public a single person as the district officer responsible for receiving complaints filed pursuant to section 59328 and for coordinating their investigation. The actual investigation of complaints may be assigned to other staff or to outside persons or organizations under contract with the district. Such procedures shall be used whenever the officer designated to receive complaints is named in the complaint or is implicated by the allegations in the complaint.
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 Section 11135, Government Code.
s 59326. Notice to Students and Employees.
Each community college district shall notify students and employees of the provisions of this subchapter.
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 Section 11135, Government Code.
s 59327. Informal Resolution.
(a) Whenever any person brings charges of unlawful discrimination to the attention of the responsible district officer designated pursuant to section 59324, that officer shall:
(1) undertake efforts to informally resolve the charges;
(2) advise the complainant that he or she need not participate in informal resolution;
(3) notify the person bringing the charges of his or her right to file a complaint, as defined in section 59311, and of the procedure for filing such a complaint pursuant to section 59328;
(4) advise the complainant that he or she may file his or her 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; and
(5) advise the complainant that he or she may file his or her employment-based complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of those agencies.
(b) Efforts at informal resolution pursuant to subdivision (a)(1) need not include any investigation unless the responsible district officer determines that an investigation is warranted by the seriousness of the charges.
(c) Efforts at informal resolution may continue after the filing of a formal written complaint, but after a complaint is filed an investigation is required to be conducted pursuant to section 59334 and must be completed unless the matter is informally resolved and the complainant dismisses the formal complaint or the complainant files with the DFEH and the Chancellor elects not to require further investigation pursuant to section 59328(f)(2). Any efforts at informal resolution after the filing of a written complaint shall not exceed the ninety (90) day period for rendering the administrative determination pursuant to section 59336.
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.
s 59328. Formal Investigation Upon Filing of Written Complaint.
An investigation of alleged unlawful discrimination prohibited by this subchapter will be initiated by filing a complaint that meets the following requirements:
(a) The complaint shall be filed by one who alleges that he or she has personally suffered unlawful discrimination or by one who has learned of such unlawful discrimination in his or her official capacity as a faculty member or administrator.
(b) The complaint shall be filed with the Chancellor of the California Community Colleges or with the officer designated pursuant to section 59324 by the appropriate community college district.
(c) The complaint shall be in a form prescribed by the Chancellor.
(d) In any complaint not involving employment, 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.
(e) In any complaint alleging discrimination in employment, the complaint shall be filed within 180 days of the date the alleged unlawful discrimination occurred, except that this period should be extended by no more than 90 days following the expiration of the 180 days if the complainant first obtained knowledge of the facts of the alleged violation after the expiration of the 180 days.
(f) In any complaint alleging discrimination in employment, the district shall:
(1) advise the complainant that he or she may file the complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of those agencies; and
(2) forward a copy of any filing by the complainant with the DFEH to the Chancellor's Office for a determination of whether the issues presented require an independent investigation of the matter under the provisions of this subchapter.
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.
s 59329. Complaints Filed with Chancellor.
Upon receiving a complaint filed pursuant to section 59328, the Chancellor will immediately forward a copy of the complaint to the appropriate community college district responsible officer who shall respond pursuant to section 59332 or initiate the investigation required by section 59334. In any complaint alleging employment discrimination, the Chancellor shall notify the complainant that he or she has the right to file with the Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of that agency.
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.
s 59330. Notice to Chancellor.
Immediately upon receiving a complaint filed in accordance with section 59328, the district shall forward a copy of the complaint to the Chancellor.
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.
s 59332. Defective Complaint.
When a district receives a complaint which it finds does not meet the requirements of section 59328 the district shall immediately notify the complainant that the complaint does not meet the requirements of section 59328 and shall specify in what requirement the complaint is defective.
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.
s 59333. Office for Civil Rights.
(a) Whenever a complaint is filed with the Chancellor pursuant to section 59329 and 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.
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.
s 59334. District Investigation.
Upon receiving a complaint that is properly filed in accordance with section 59328, the district will commence an impartial fact-finding investigation of that complaint and notify the complainant and Chancellor that it is doing so. The results of the investigation shall be set forth in a written report that shall include at least all of the following:
(a) a description of the circumstances giving rise to the complaint;
(b) a summary of the testimony provided by each witness, including the complainant and any viable witnesses identified by the complainant in the complaint;
(c) an analysis of any relevant data or other evidence collected during the course of the investigation;
(d) a specific finding as to whether there is probable cause to believe that discrimination occurred with respect to each allegation in the complaint; and
(e) any other information deemed appropriate by the district.
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.
s 59336. Administrative Determination.
Within ninety (90) days of receiving a complaint, the district shall complete its investigation and forward a copy of the investigative report required pursuant to section 59334 to the Chancellor, a copy or summary of the report to the complainant, and written notice setting forth all of the following to both the complainant and the Chancellor:
(a) the determination of the chief executive officer or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint;
(b) a description of actions taken, if any, to prevent similar problems from occurring in the future;
(c) the proposed resolution of the complaint; and
(d) the complainant's right to appeal to the district governing board and the Chancellor pursuant to sections 59338 and 59339.
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.
s 59338. Final District Decision; Appeals to Local Governing Board.
(a) If the complainant is not satisfied with the results of the administrative determination rendered pursuant to section 59336, the complainant may submit a written appeal to the district governing board within fifteen (15) days from the date of the administrative determination. The governing board shall review the original complaint, the investigative report, the administrative determination, and the appeal and issue a final district decision in the matter within forty-five (45) days after receiving the appeal.
(b) A copy of the final district decision rendered by the governing board that includes complainant's right to appeal the district's decision to the Chancellor pursuant to section 59339 shall be forwarded to the complainant and to the Chancellor.
(c) If the governing board does not act within forty-five (45) days the administrative determination shall be deemed approved and shall become the final district decision in the matter. The district shall notify the complainant and the Chancellor that the board took no action and the administrative determination is deemed approved pursuant to this section. The complainant shall also be notified of his or her right to appeal the district's decision to the Chancellor pursuant to section 59339.
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.
s 59339. Appeal to Chancellor.
(a) In any case not involving employment discrimination, the complainant shall have the right to file a written appeal with the Chancellor within thirty (30) days from the date that the governing board issues the final district decision or permits the administrative determination to become final pursuant to section 59338. Such appeals shall be processed pursuant to the provisions of article 4 (commencing with section 59350) of this subchapter. The appeal must be accompanied by a copy of the decision of the governing board or evidence showing the date on which the complainant filed an appeal with the governing board and a statement under penalty of perjury that no response was received from the governing board within forty-five (45) days from that date.
(b) In any case involving employment discrimination, the complainant may, at any time before or after the final district decision is rendered, file a complaint with the Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of that agency.
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.
s 59340. Forward to Chancellor.
Within 150 days of receiving a complaint, the district will forward the following to the Chancellor:
(a) a copy of 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);
(b) a copy of the notice to the complainant required pursuant to section 59338(a); and
(c) such other information as the Chancellor may require.
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.
s 59342. Extensions; Failure to Comply.
(a) If a district, for reasons beyond its control, is unable to comply with the 90-day or 150-day deadline specified in sections 59336 or 59340, the district may file a written request that the Chancellor grant an extension of the deadline. The request shall be submitted no later than ten (10) days prior to the expiration of the deadline established pursuant to sections 59336 or 59340 and shall set forth the reasons for the request and the date by which the district expects to be able to submit the required materials.
(b) A copy of the request for an extension shall be sent to the complainant, who shall be notified that he or she may file written objections with the Chancellor within five (5) days of receipt.
(c) The Chancellor may grant the request unless delay would be prejudicial to the investigation. If the Chancellor grants an extension of the 90-day deadline, the 150-day deadline is automatically extended by an equal amount.
(d) If a district fails to comply with the requirements of sections 59336 or 59340 by the required deadline, including any extension granted pursuant to this section, the Chancellor may proceed to review the case as provided in article 4 (commencing with section 59350) of this subchapter based on the original complaint and any other relevant information then available.
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.
s 59350. Review for Reasonable Cause.
(a) The Chancellor shall review the materials submitted by the district pursuant to sections 59336 and 59340, together with the complainant's appeal, and determine whether there is reasonable cause to believe the district has violated the requirements of this subchapter.
(b) Failure by the complainant to file an appeal pursuant to section 59339 shall not preclude the Chancellor from finding reasonable cause to believe the district has violated the requirements of this subchapter.
(c) If the Chancellor finds there is no reasonable cause to believe a violation has occurred, the Chancellor shall immediately notify both the complainant and the district.
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.
s 59351. New Issues Raised on Appeal.
If, upon review of the materials submitted by the complainant pursuant to section 59339, 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 complainant.
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.
s 59352. Investigation.
If the Chancellor finds there is reasonable cause to believe a violation has occurred, the Chancellor shall investigate to determine whether there is probable cause to believe a violation has occurred.
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.
s 59354. Informal Resolution.
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.
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.
s 59356. Formal Resolution.
Within 120 days of initiating the investigation, the Chancellor shall take one of the following actions:
(a) Notify the district and the complainant that there is probable cause to believe the district has violated the provisions of this subchapter. The Chancellor shall allow the district to acquiesce in this finding prior to filing an accusation against the district.
(b) Notify the district and the complainant that there is no probable cause to believe the district has violated the provisions of this subchapter.
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.
s 59358. Hearing.
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.
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.
s 59360. Enforcement.
(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.
(b) No decision to curtail state funding to a district pursuant to this section shall be made until the Chancellor has determined that compliance cannot be secured by voluntary means.
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, 11136 and 11137, Government Code.
s 59362. Judicial Review.
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.
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.
s 59400. Required Instructional and Other Materials.
(a) The governing board of a district may, consistent with the provisions of this Subchapter, require students to provide instructional and other 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) 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 and other materials required for a credit or noncredit course.
Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.
s 59402. Definitions.
For the purposes of this subchapter the following definitions apply:
(a) "Instructional and other materials" means any tangible personal property which is owned or primarily controlled by an individual student.
(b) "Required instructional and other materials" means any instructional and other materials which a student must procure or possess as a condition of registration, enrollment or entry into a class; or any such material which is necessary to achieve those required objectives of a course which are to be accomplished under the supervision of an instructor during class hours.
(c) "Solely or exclusively available from the district" means that the material is not available except through the district, or that the district requires that the 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 material is otherwise generally available, but is provided solely or exclusively by the district for health and safety reasons; or
(2) the material is provided in lieu of other generally available but more expensive material which would otherwise be required.
(d) "Required instructional and other materials which are of continuing value outside of the classroom setting" are materials which can be taken from the classroom setting, and which are not wholly consumed, used up, or rendered valueless as they are applied in achieving the required objectives of a course which are to be accomplished under the supervision of an instructor during class hours.
(e) "Tangible personal property" includes electronic data that the student may access during the class and store for personal use after the class in a manner comparable to the use available during the class.
Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.
s 59404. District Policies and Regulations for Instructional and Other Materials.
(a) The governing board of a community college district which requires that students provide instructional or other 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.
(b) The policies or regulations specified in subdivision (a) shall be published in each college catalog developed after the date of adoption.
Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.
s 59406. Report to Chancellor.
The governing board of a community college district which prescribes required instructional and other materials for its courses shall respond to periodic surveys or inquiries of the Chancellor on the subject.
Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.
s 59406.5. Reports Re Instructional Materials Used.
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.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 59408. Violations of Subchapter.
The governing board of a district which prescribes required instructional and other materials in violation of this subchapter shall be deemed to have established a student fee not expressly established by law.
Note: Authority cited: Sections 66700, 70901 and 76365, Education Code. Reference: Sections 70901, 70902 and 76365, Education Code.
s 59410. Withholding Grades, Transcripts, etc., for Nonrepayment of Financial Obligations.
The governing board of a community college district may provide by appropriate rules and regulations that grades, transcripts, diplomas and registration privileges, or any combination thereof, shall be withheld from any student or former student who has been provided with written notice that he or she has failed to pay a proper financial obligation due to the district or a college. Any item or items withheld shall be released when the student satisfactorily meets the financial obligation.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 59420. Newly Formed District.
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.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 59422. Use of Bond Proceeds.
When the territory of a district is reorganized, any funds derived from the sale of the bonds issued by the former district shall be used for the acquisition, construction, or improvement of college property only in the territory which comprised the former district or to discharge the bonded indebtedness of the former district, except that if the bonded indebtedness is assumed by the new district, the funds may be used in any area of the new district for the purposes for which the bonds were originally voted.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 59424. Territory of District Becoming Part of Two or More Districts; Disposition of Records.
If all the territory of any reorganized district becomes part of two or more districts, and the inclusion in the two or more districts of the several portions of territory comprising the whole of the original district is effective for all purposes on the same date, the records of the original district shall be disposed of as follows:
(a) All records of the original district which are required by law to be kept on file shall be deposited with the governing board of the district which, after the reorganization has become effective for all purposes, has located within its boundaries the former office of the superintendent of the original district.
(b) Records of employees shall be transferred to the district thereafter employing the personnel or thereafter maintaining the last place of employment.
(c) Records of students shall be transferred to the district which, after the date on which the reorganization becomes effective for all purposes, maintains the college in which a student was last enrolled.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 59500. Scope of Subchapter.
(a) The Board of Governors confirms that contracting opportunities shall not be denied because of discrimination and encourage broad opportunities for the participation of business enterprises, including minority, women, and disabled veteran business enterprise participation in the award of district contracts consistent with this subchapter for contracts for construction, public works, professional services, materials, supplies, equipment, alteration, repair, or improvement. However, each district shall have flexibility to determine how to provide inclusive opportunities for any given contract.
(b) As part of their efforts to ensure nondiscrimination in their public works contracting programs, districts may collect data concerning the participation of contractors, including minority business enterprises, women business enterprises, and disabled veteran business enterprises in the award of district contracts to verify that artificial barriers to participation on the basis of race, gender, or disability do not exist.
(c) Nothing in this subchapter authorizes any district to discriminate in awarding contracts on the basis of any characteristic protected from discrimination under subchapter 5, commencing with section 59300.
(d) Nothing in this subchapter shall be construed to conflict with or be inconsistent with the provisions of article 1, section 31 of the California Constitution or to authorize conduct that is in conflict with or is inconsistent with such provisions.
Note: Authority cited: Sections 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 11135 and 11139.8, Government Code.
s 59502. Definitions.
The following definitions apply for purposes of data collection:
(a) "Certification" means a process to identify the status of minority, women, and disabled veteran business enterprises and of other contractors or potential contractors.
(b) "Contract" includes any agreement or joint development agreement to provide labor, services, material, supplies, or equipment in the performance of a public works contract, franchise, concession, or lease granted, let, or awarded for and on behalf of the district. The term "contract" does not include payments to utility companies or purchases, leases or services secured through other public agencies and corporations, the Department of General Services, or the federal government pursuant to Public Contract Code sections 20652 and 20653 and Education Code section 81653;
(c) "Contractor" means any person or persons, regardless of any characteristic protected from discrimination under subchapter 5, commencing with section 59300, whether or not a minority business enterprise, women business enterprise, or disabled veteran business enterprise, who enters into a contract with a district.
(d) "Disabled veteran business enterprise" means a business enterprise certified as a disabled veteran business enterprise by the Department of General Services' Office of Small Business and Disabled Veteran Business Enterprise Services pursuant to Military and Veterans Code, section 999, or a business enterprise that certifies that it has met such standards.
(e) "District" means any community college district, board of trustees or officer, employee, or agent of such a district or board empowered to enter into contracts on behalf of the district.
(f) "MBE/WBE/DVBE" means a minority business enterprise, a women business enterprise, and/or a disabled veteran business enterprise. Although a business enterprise may qualify under multiple categories, the entry shall be designated in one specific category for the purposes of these regulations.
(g) "Minority business enterprise" means a business concern that meets all of the following criteria:
(1) The business is an individual proprietorship, partnership, corporation, or joint venture at least 51 percent owned by one or more minority, or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more minority.
(2) A business whose management and daily operations are controlled by one or more minority who own the business.
(3) A business concern with its home office located in the United States that is not a branch or subsidiary or a foreign corporation, firm, or other business.
(h) "Women business enterprise" means a business concern that meets all of the following criteria:
(1) The business is an individual proprietorship, partnership, corporation, or joint venture at least 51 percent owned by one or more women, or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more women.
(2) A business whose management and daily operations are controlled by one of more women who own the business.
(3) A business concern with its home office located in the United States that is not a branch or subsidiary or a foreign corporation, firm, or other business.
Note: Authority cited: Sections 66700 and 70901, Education Code; and Section 11138, Government Code. Reference: Sections 11135 and 11139.8, Government Code.
s 59504. Efforts by Districts.
Each district shall undertake appropriate efforts to provide participation opportunities in district contracts without regard to race, gender or disability or other discriminatory bases defined in section 59300. Appropriate efforts may include vendor and service contractor orientation programs related to participating in district contracts or in understanding and complying with the provisions of this subchapter, developing a listing of MBE/WBE/DVBE and other persons or enterprises that are potentially available as contractors or suppliers, or such other activities that may assist interested parties in being considered for participation in district contracts.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 11135 and 11139.8, Government Code.
s 59505. Monitoring Participation.
Each district may maintain a certification process that allows it to assess the status of each of its contractors and the actual dollar amount attributable to MBE/WBE/DVBE participation and to non-MBE/WBE/DVBE enterprises in contracts described in this subchapter. Should the monitoring program indicate that disparities exist in the amount of dollars awarded through district contracts than would be expected in a contracting program that provides equal opportunity for participation, the district should assess the circumstances that may contribute to the disparity and implement methods that foster equal opportunity.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 11135 and 11139.8, Government Code.
s 59506. Certification.
Note: Authority cited: Sections 66700, 70901 and 71028, Education Code. Reference: Section 71028, Education Code; Article 1.5, Chapter 1, Part 1, Public Contract Code.
s 59508. Enforcement of Contracts and Severability Provision.
If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end, the provisions of this subchapter are severable.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 11135 and 11139.8, Government Code.
s 59509. Monitoring of Participation Goals.
Note: Authority cited: Sections 66700, 70901 and 71028, Education Code. Reference: Section 71028, Education Code.