Chabot College 2024-2026 111 STUDENT RIGHTS AND RESPONSIBILITIES A Complaint must meet each of the following criteria: • 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 file any 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; and • The Complainant must file any 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 be 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. If the Complaint does not meet the requirements set forth above, the Vice Chancellor Human Resources or designee will promptly contact the Complainant and specify the defect. If the Complainant is unable to fix the defect in the Complaint, the Vice Chancellor of Human Resources or designee shall consider the allegations contained in the Complaint and determine the appropriate course of action. This may include efforts to informally resolve the matter or a fact-finding investigation. OVERSIGHT OF COMPLAINT PROCEDURE The Vice Chancellor of Human Resources or designee is the “responsible District officer” (RDO) charged with receiving complaints of discrimination or harassment and coordinating their investigation. The actual investigation of complaints may be assigned by the RDO or designee to other staff or to outside persons or organizations under contract with the District. This shall occur whenever the Chancellor, Vice Chancellor of Human Resources or designee is named in the complaint or implicated by the allegations in the complaint. WHO MAY FILE A COMPLAINT Any student, employee, parent of a minor, or an individual with legal authority on behalf of a student or employee who believes the student or employee 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, parent of a minor, or an individual with legal authority on behalf of a student or employee who believes the student or employee has been discriminated against or harassed in violation of these policies and procedures may make a complaint orally or in writing directed to the Vice Chancellor of HR or designee. Complaints may, but are not required to, use the form prescribed by the Chancellor Z of the California Community Colleges. These forms are available on the District website and at the California Community Colleges Chancellor’s Office website. Complainants may but are not required to use the form prescribed by the Chancellor of the California Community Colleges. The forms are available from the Human Resources website and at the California Community Colleges Chancellor’s Office website. EMPLOYMENT-RELATED COMPLAINTS Complainants filing employment-related complaints shall be notified that they may file employment discrimination complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH). Any District employee who receives a harassment or discrimination complaint shall notify the RDO or designee immediately. FILING A TIMELY COMPLAINT Since failure to report harassment and discrimination impedes the District’s ability to stop the behavior, the District strongly encourages anyone who believes they are being harassed or discriminated against, to file a complaint. The District also strongly encourages the filing of such complaints within 30 days of the alleged incident. While all complaints are taken seriously and will be investigated promptly, delay in filing impedes the District’s ability to investigate and remediate. All supervisors and managers have a mandatory duty to report incidents of harassment and discrimination, the existence of a hostile, offensive, or intimidating work environment, and acts of retaliation. The District will investigate complaints involving acts that occur off campus if they are related to an academic or work activity or if the harassing conduct interferes with or limits a student’s or employee’s ability to participate in or benefit from the school’s programs or activities. COMMUNICATING THAT THE CONDUCT IS UNWELCOME The District further encourages students and staff to let the offending person know immediately and firmly that the conduct or behavior is unwelcome, offensive, in poor taste or inappropriate.
