Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Upon a
receipt of either of the following, the Chief, Office of Civil Rights and
Affirmative Action shall notify the complainant of receipt of the information and
that a review conducted in accordance with (b) shall occur:
(1) A written complaint of discrimination
containing all of the information specified in Section
7353.5(a)(3) from an
applicant, client, former client, or student with a disability of the Department,
and filed within 180 days of the date of the alleged discrimination or within 30
days of receiving written notification from a contractor or grantee in accordance
with Section 7335.5.
(2) The summary of the Administrative Review
specified in Section
7353.5(b)(2)(A).
(b) The Chief, Office of Civil Rights
and Affirmative Action shall review the information received pursuant to (a) to
determine both of the following:
(1) Whether the
complaint was filed within the specified time limits. If the filing is untimely, the
Chief, Office of Civil Rights and Affirmative action shall dismiss the complaint by
advising the complainant in writing of the reason for the dismissal and of his/her
right to file a complaint with the U.S. Department of Education, Office for Civil
Rights.
(2) If prima facie evidence of
discrimination exists. This may require the solicitation of additional information
from the complainant. If a prima facie case:
(A)
Exists, the Chief shall refer the complaint to whomever of the following that the
Chief deems appropriate:
1. An Equal Employment
Opportunity Counselor for informal counseling and resolution.
2. An Equal Employment Opportunity Investigator
for formal investigation.
(B)
Does not exist, the Chief shall dismiss the complaint by advising the complainant in
writing of the reasons for the dismissal and of his/her right to file a complaint
with the U.S. Department of Education, Office for Civil Rights.
(c) When a complaint is referred to an
Equal Employment Opportunity Counselor, the Counselor shall attempt to resolve the
complaint within 15 working days unless an extension of the counseling period is
agreed upon between the complainant and the Counselor. If the complaint is:
(1) Resolved, the Counselor shall summarize the
resolution in writing and send copies to all of the following:
(A) The complainant.
(B) The District Administrator.
(C) The Chief, Office of Civil Rights and
Affirmative Action.
(2) Not
resolved, the Counselor shall refer the complaint back to the Chief, Office of Civil
Rights and Affirmative Action for assignment to an Equal Employment Opportunity
Investigator for formal investigation. The Counselor shall send Written notification
of the referral to the complainant.
1. New article 3
and section filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
2.
Amendment of subsection (a)(1) and NOTE filed 2-17-2023; operative 2-17-2023
pursuant to Government Code section
11343.4(b)(3)
(Register 2023, No. 7).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference:
34 CFR
100.6,
100.7,
104.7,
104.51 and
104.61.
