110 Chabot College 2024-2026 STUDENT RIGHTS AND RESPONSIBILITIES FILE RETENTION The District will retain on file for a period of at least seven years after closing the case copies of: • The original report or complaint; • Any actions taken in response to the complaint, including supportive measures; • The investigative report including all evidence gathered and any responses from the Parties; • The District’s determination regarding responsibility; • Audio or audiovisual recording or transcript from a hearing; • Records of any disciplinary sanctions imposed on the Respondent; • Records of any remedies provided to the Complainant; • Any appeal and the result; • Any informal resolution and the result; and • All materials used to train Title IX Coordinators, investigators, Decision-Makers, and any person who facilitates an informal resolution process. The District will make these training materials publicly available on its website. The District will make these documents available to the U.S. Department of Education Office for Civil Rights upon request. Approved: April 20, 2021 DISTRICT ADMINISTRATIVE PROCEDURE AP 3435 DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURES REFERENCES Education Code Sections 212.5, 231.5, 66281.5, and 67386; Government Code Section 12950.1; Title 5 sections 59320, 59324, 59326, 59328, and53000 et seq.; Title 2 Sections 11023 and 11024; NOTE: This procedure is legally required. For sexual harassment under Title IX, Complainants must proceed under BP 3433 Prohibition of Sexual Harassment under Title IX, AP 3433 Prohibition of Sexual Harassment under Title IX, and AP 3434 Responding to Harassment Based on Sex under Title IX. For other forms of sexual harassment or gender-based harassment, Complainants should use this procedure. REPORTING AND FILING COMPLAINTS The law prohibits coworkers, supervisors, managers, and third parties with whom an employee comes into contact from engaging in harassment, discrimination, or retaliation. Any person who has suffered harassment, discrimination, or retaliation or who has learned of harassment, discrimination, or retaliation may report harassment, discrimination, or retaliation. Complainants may have the option of filing a Complaint. COMPLAINTS A Complaint is a written or verbal statement filed with the District that alleges harassment, discrimination, or retaliation in violation of the District’s Board Policies, Administrative Procedures, or in violation of state or federal law. Formal Complaints must be filed with the Vice Chancellor of HR or designee unless the Party submitting the Formal Complaint alleges discrimination, harassment, or retaliation against the Vice Chancellor of Human Resources or designee, in which case it should be submitted directly to the Chancellor. The District may request but shall not require the Complainant to submit a Complaint on the form prescribed by the Chancellor of the California Community Colleges. A copy of the form will be available at districtazure.clpccd.org/hr/eeo-complaint.php. A Complainant shall report a verbal Complaint to the Vice Chancellor Human Resources or designee. The Vice Chancellor Human Resources or designee shall record the verbal complaint in writing. The Vice Chancellor Human Resources or designee will take steps to ensure the writing accurately reflects the facts alleged by the Complainant.
