Filing a Discrimination or Sexual Harassment Complaint

Who May File a Complaint:  Any student, employee, or third party who believes he/she/they has been discriminated against or harassed by a student, employee, or third party in violation of this procedure and the related policy.

Where to File a Complaint:  A student, employee, or third party who believes he/she/they has been discriminated against or harassed may make a complaint orally or in writing.

Where the complaint allegation consists of Sexual Misconduct, as defined by Title IX, the following applies: All responsible employees are required to report all actual or suspected sexual misconduct to the Title IX Coordinator immediately. A responsible employee is any employee who has the authority to take action to redress sexual misconduct, who has been given the duty of reporting incidents of sexual misconduct to the Title IX Coordinator, or whom a student or employee could reasonably believe has this authority or duty.

Any person may make a complaint by contacting the Title IX Coordinator directly. The District’s Title IX Coordinator is the Associate Vice President of Human Resources located in the Office of Human Resources in the Administration Building or reachable at (209) 384-6102. The Title IX Coordinator will receive all relevant details about the alleged sexual misconduct reported to the District responsible employee in order to determine what occurred and how to resolve the situation. This includes the names of alleged victim and alleged perpetrator (if known), and the date, time, and location of the alleged sexual misconduct.

Informal or Formal Complaint?

A formal complaint is a written and signed statement filed with the District or the California Community Colleges Chancellor’s Office that alleges harassment, discrimination, or retaliation in violation of the District’s Board Policies, Administrative Procedures or in violation of state or federal law.  An informal complaint is any of the following: (1) An unwritten allegation of harassment, discrimination, or retaliation; (2) a written allegation of harassment, discrimination, or retaliation that falls outside the timelines for a formal complaint; or (3) a written complaint alleging harassment, discrimination, or retaliation filed by an individual who expressly indicates that he/she/they does not want to file a formal complaint.

Informal Complaint Process

Any person may submit an informal complaint to the Associate Vice President of Human Resources or any other District or college administrator.  Administrators receiving an informal complaint shall immediately notify the Associate Vice President of Human Resources in writing of all pertinent information and facts alleged in the informal complaint.

Upon receipt of an informal complaint, the Associate Vice President of Human Resources will notify the person bringing the informal complaint of his/her/their right to file a formal complaint, if the incident falls within the timeline for a formal complaint, and explain the procedure for doing so.  The complainant may later decide to file a formal complaint, if within the timelines to do so.  If the individual chooses not to file a formal complaint, or if the alleged conduct falls outside the timeline to file a formal complaint, the Associate Vice President of Human Resources shall consider the allegations contained in the informal complaint and determine the appropriate course of action.  This may include efforts to informally resolve the matter, or a fact-finding investigation.

Formal Complaint Process

Before filing a formal complaint, the Complainant may consult with the District’s EEO Officer and Title IX Coordinator, the Associate Vice President of Human Resources.

Formal Complaint:  Formal Complaints must be filed with the Chancellor of the California Community Colleges or the Associate Vice President of Human Resources unless the party submitting the Formal Complaint alleges discrimination, harassment, or retaliation against the Associate Vice President of Human Resources, in which case it should be submitted directly to the Superintendent/President or the Chancellor of the California Community Colleges.

What is the formal complaint process?

Step 1: Complete the written Formal Unlawful Discrimination Complaint Form (PDF). Copies of the form are also available from the Office of Human Resources (Administration Building).

If any party submits a written allegation of harassment, discrimination, or retaliation not on the form described above, the District will seek to have the individual complete and submit the form.  However, if the individual chooses not to do so, the District will attach the written allegation(s) to the form and treat it as a Formal Complaint.  In no instance will the District reject a written allegation of harassment, discrimination, or retaliation on the basis that it was not submitted on the proper form.

What must a formal complaint contain?

  • It must allege facts with enough specificity to show that the allegations, if true, would constitute a violation of District policies or procedures prohibiting discrimination, harassment, or retaliation;
    The complainant must sign and date the Formal Complaint;
  • The complainant must file any Formal Complaint not involving employment within one year of the date of the alleged discriminatory, harassing, or retaliatory conduct or within one year of the date on which the complainant knew or should have known of the facts underlying the allegation(s) of discrimination, harassment, or retaliation.
  • The complainant must file any Formal Complaint alleging discrimination, harassment, or retaliation in employment within 180 days of the date of the alleged discriminatory, harassing, or retaliatory conduct, except that this period shall 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.
Other Reporting Rights

Employees: Complainants filing employment-related complaints may file employment discrimination complaints directly with the California Community Colleges Chancellor’s Office, the U.S. Equal Employment Opportunity Commission (EEOC) and/or the Department of Fair Employment and Housing (DFEH).

 Students: Student complainants may file a complaint with the California Community Colleges Chancellor’s Office or the Office for Civil Rights of the U.S. Department of Education.