Compliance Office

It is the policy of the Los Angeles Community College District (LACCD) and Los Angeles Mission College (LAMC) to provide an educational, employment and business environment free from prohibited discrimination.Discrimination on the basis of race, color, national origin, sex and gender, ethnic group identification, age, religion, ancestry, sexual orientation, physical or mental disability or on the basis of an individuals’ association with a person or group with one or more of these actual or perceived characteristics is unlawful.

Employees, students or other persons acting on behalf of LACCD who engage in prohibited discrimination as defined by LACCD Prohibited Discrimination and Harassment Policy, or by state or federal law shall be subject to discipline, up to and including discharge, expulsion or termination of contract.

All Supervisors shall be responsible for maintaining a work environment consistent with LACCD Prohibited Discrimination and Harassment Policy. Any Supervisor who becomes aware of a situation which could be reasonable perceived to be a violation of policy must report it to the Office of Diversity Programs. All employees are responsible for maintaining an educational environment consistent with policy. Any employee who becomes aware of a situation which could reasonably be perceived as a violation of policy should refer it to the Office of Diversity Programs. Any member of the college community which includes students, faculty, staff, other LACCD employees, general public who believes, perceives or has actually experienced conduct related to LACCD that may constitute prohibited discrimination or harassment has the right to seek help.

The specific Rules and Procedures for reporting charges of Prohibited Discrimination and for pursuing available remedies are incorporated in Board Rules in Chapter 15, Board Rules 1501-1522 which can be download from LACCD website at http://www.laccd.edu/board_rules/documents/ChapterXV.pdf

LACCD_Discrimination Complaint Form_Rev_May 2012

Informal/Formal Complaint Procedure

When a person brings charges of unlawful discrimination or sexual harassment to the attention of the District’s responsible officer, that officer will:

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 formal complaint and explain the procedure for doing so;
4. Assure the complainant that he or she will not be required to confront, or work out problems with, the person accused of unlawful discrimination;
5. Advise the complainant that he or she may file a non employment based complaint with the Office of Civil Rights of the U.S. Department of Education (OCR) where such a complaint is within the agency’s jurisdiction.
6. If the complaint is employment related, the complainant should also be advised that he or she may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH) where such a complaint is within that agency’s jurisdiction.
7. Allegations of unlawful discrimination made by parties who have not personally suffered unlawful discrimination, and are not complainants under the description set forth in Title 5 section 59328(a), may be conducted via the informal complaint process.

The complainant, or person filing a complaint on behalf of another individual or class of individuals may submit an informal complaint. LACCD may use its informal complaint process to investigate and resolve complaints filed such other parties, which could include a peer, a family member or another third party. LACCD may also require consent from the injured party (the complainant) on behalf of whom a complaint is filed. The complainant will also be advised of his or her right to file a formal complaint and the procedures for doing so will be explained.

A Compliance Officer shall undertake efforts to informally resolve and investigate the charges. This process is limited to 30 days. The complainant, or person filing on behalf of the complainant does not need to participate in an informal resolution. Efforts at informal resolution need not include any investigation unless warranted by the seriousness of the charges. If a resolution is reached, a Compliance Officer shall draft a Settlement Agreement to be signed by the complainant and the alleged offender. A Compliance Officer shall monitor the situation to insure that the resolution is properly implemented and maintain records.

Complaint Procedure

A written complaint must be filed on the prescribed Los Angeles Community College Complaint form. If the complaint is not filed on this form, every effort will be made to have the complaint filed on this form and to obtain complainant’s signature. However, where a complainant has indicated that he or she wishes to pursue the formal complaint process, a complaint will not be rejected solely based on the failure to file the complaint on the prescribed LACCD form. Employment based complaints shall be filed within 180 days. Non employment based complaints shall be filed no later than one year from the date when the complainant knew or reasonably should have known the facts underlying the complaint.

If a complaint of unlawful discrimination is presented in another written format, such as a letter, the district may request that the complainant complete the prescribed LACCD complaint form. If there is a delay in obtaining a completed form, or the complainant refuses to transfer the information or otherwise complete the form but wishes to pursue the formal complaint process, the district may attach the letter to the form and open a formal investigation. A complaint will not be rejected solely based on the failure to file the complaint on the prescribed LACCD complaint form. While a complaint filed in an improper form is still procedurally defective under Title 5 standard, the merits of the complaint itself may still be valid and will be addressed.

A Compliance Officer shall promptly investigate all potential violations of LACCD’s Prohibited Discrimination and Harassment Policy, of which he or she becomes aware. A Compliance Officer shall receive the formal complaint, and notify the complainant, alleged offender, the College President or District administrator, and the Director of Diversity Programs, within five (5) business days of a potential violation of this policy.

The alleged offender is entitled a summary of the complaint. He/she is not entitled to personal information about the complainant and other individuals/witnesses who may be mentioned in the complaint. The complainant will not be required to confront, or work out problems with, the person (alleged offender) accused of unlawful discrimination. During the process of investigation, the alleged offender has the right to be represented. The alleged offender also has the right to file a written response during the initial investigation

Within 60 days after becoming aware of a potential violation of this policy, a Compliance Officer shall complete the investigation and make a written report to the College President or Deputy Chancellor. The College President or Deputy Chancellor shall independently assess whether the “preponderance of the evidence†establishes a violation and shall determine what action is to be taken, if any.

The complainant, and the alleged offender have the right to receive a summary of the investigation. Prior to making the decision, the complainant, and the alleged offender shall have the opportunity to make an oral statement within 15 days from the receipt the summary of the investigation, to the College President or Deputy Chancellor.

Within 90 days from the start of the investigation, a Written Decision shall be mailed to the complainant, and the alleged offender.

When a determination has been made that disciplinary action is to be taken, the College President, Deputy Chancellor, or the Chancellor shall initiate the applicable disciplinary process within 10 business days of receiving the Written Decision. Disciplinary action shall include, without limitation, verbal warning, probation, suspension, expulsion, and/or letters of reprimand, Notes of Unsatisfactory Service, suspension, demotion or dismissal. The interim and final remedies will be provided to the complainant where needed to end the discrimination, prevent it from recurring, and eliminate the effects of the discrimination on the victim.

If the complainant is not satisfied with the Written Decision, he/she may appeal to the District’s Board of Trustees by submitting a written appeal to the Chancellor’s Office within 15 days.

The Chancellor shall present the written appeal, the Written Decision and the investigative report to the Board of Trustees in closed session. If the 45 days elapse without further action, the Written Decision shall be the final decision of the District. In non-employment cases the complainant has the right to file an appeal with the State Chancellor’s Office within 30 days after the Board decision is issued, or the 45 days have elapsed, whichever comes first.

The interim and final remedies will be provided to the complainant where needed to end the discrimination, prevent it from recurring, and eliminate the effects of the discrimination on the victim.

The complainant will be advised that he/she may pursue independently civil law remedies, including but not limited to injunctions, restraining orders, or other orders. An individual who believes that he/she is a victim of Prohibited Discrimination may also file a complaint with the Department of Fair Employment and Housing (DFEH) at (800) 884-1684, the Equal Employment Opportunity Commission (EEOC) at (213) 894-1000, for employment related complaints, where such a complaint is within that agency’s jurisdiction. Non-employment related complaints can be filed with the Department of Education Office for Civil Rights (OCR) at (415) 556-4275, where such a complaint is within the agency’s jurisdiction whether or not the complainant chooses to utilize the District’s internal produce. Complaints may also be filed with the State Chancellor’s Office.

LACCD_Discrimination Complaint Form_Rev_May 2012