Title 5

Title 5 of California's Code of Regulations applies to all 116 California community colleges.

The purpose of  section 59300 et seq. is to implement provisions of state and federal law which together prohibit discrimination or retaliation against persons or groups, or those associated with them on the basis of an actual or perceived characteristic related to ethnic group identification, national origin, immigration status, religion, age, sex, gender, gender identification, gender expression, military and veteran status, marital status, medical condition, race, color, ancestry, sexual orientation, physical or mental disability, or any other characteristic protected under applicable federal or state law.

These laws require that protected persons and groups, or those associated with them, shall neither be denied full and equal access to the benefits of, nor be subjected to discrimination under, any program or activity that is administered by, funded directly by, or that receives any financial assistance from, the Chancellor or Board of Governors of the California Community Colleges, based upon an actual or perceived characteristic listed in this section.

These regulations are intended to recognize and eliminate unlawful discrimination that may exist in colleges' programs and activities.

Title 5 applies to students and employees of any protected category recognized under law.  It applies to anyone who believes they have been unlawfully discriminated against based on ethnic group identification, national origin, immigration status, religion, age, sex, gender, gender identification, gender expression, military and veteran status, marital status, medical condition, race, color, ancestry, sexual orientation, and physical or mental disability.

Complaints of unlawful discrimination may be written or verbal and must be filed timely.   Complaints of unlawful discrimination shall be lodged with the Deputy Director of Human Resources. Under Title 5, complaints not involving employment must be filed within one (1) 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. Under Title 5, complaints alleging unlawful discrimination in employment must be filed within 180 days of the date the alleged unlawful discrimination occurred. Complaints filed beyond the stated time frames will not be addressed under Title 5, however, Mt. SAC has discretion to address the complaints under other administrative procedures adopted by the college.

Mt. SAC has an established procedure for handling complaints of unlawful discrimination, harassment, and retaliation.  Every college must have a responsible district officer who manages complaints. Mt. SAC's compliance officer is Tika Davé-Harris, Associate Vice President of Human Resources, who can be reached at (909) 274-4225.  Mt. SAC uses a “preponderance of the evidence” standard to determine the outcome of a complaint, meaning it is more likely than not that discrimination, harassment and/or retaliation (as defined by Title 5) occurred. The outcome of the investigation will be provided to the complainant and the accused in a written administrative determination. The complainant has the right to appeal the administrative determination to Mt. SAC's Board of Trustees.

Reports of unlawful discrimination may be resolved informally.  An individual may request to resolve their complaints without a formal investigation.  The informal resolution process is intended to allow an individual who believes they have been unlawfully discriminated against to resolve the issue through an informal or mediation process rather than the formal complaint process. A complainant may also seek an informal resolution when they do not wish to file a formal complaint. Informal resolutions may include but are not limited to: adjustments to work / class schedules, mutual no-contact directives, obtaining apologies,  training for individuals, monitoring specific areas, etc.

Mt. SAC is committed to maintaining a safe and non-discriminatory environment and may determine that allegations need to be investigated under the formal complaint procedures even if the complaining party wishes to pursue an informal resolution.  

Mt. SAC may not retaliate against someone filing a complaint and must make a reasonable effort to keep a complainant safe from other retaliatory behavior. The school may not take adverse action against the complainant for their complaint. Any retaliation can and should be reported to the Deputy Director of Human Resources.