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 Sokha Song, Deputy Director 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.