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UNIFORM COMPLAINT POLICY

ADMINISTRATIVE REGULATION - 1312.3

The following procedures shall be used to address all complaints appropriately brought pursuant to the District's Uniform Complaint Policy, Board Policy 1312.3. The District's Compliance Officer shall maintain a record/log of each complaint and the corresponding District decision, including all information required for compliance with 5 CCR §4631 and §4633.


All parties involved in allegations shall be notified when a complaint is filed, when a complaint meeting or mediation is scheduled, and when a decision or ruling is made.


Step 1: Filing of Complaint


Who:

Any individual, public agency, or organization may file a complaint of alleged noncompliance by the District related to any of the programs or reasons delineated in BP Board Policy 1312.3. (5 CCR 4630). A complaint filed on behalf of an individual student may only be filed by that student or that student’s duly authorized representative.


Complaints pursuant to the District's Uniform Complaint Policy, with the exception of Local Control and Accountability Plan (LCAP), noncompliance of a license-exempt California State Preschool Program (CSPP) with health and safety standards, or student fees complaints, may not be anonymous, must be in writing, and must be signed by the Complainant. The signature on a complaint may be handwritten, typed (including in an email) or electronically-generated. (5 CCR 4600).


If a Complainant makes a verbal complaint to any District administrator or teacher relating to issues described in Board Policy 1312.3, that administrator or teacher must refer the Complainant to Board Policy, Administrative Regulation, and Form 1312.3 and specifically inform them of their responsibility to file the complaint in writing. Complainants who make verbal complaints made to any other District staff members shall be directed to discuss their concerns with the site principal or another appropriate administrator.


A student fees complaint may be filed with the principal of a school, the Superintendent or the Superintendent's designee. A student fees complaint and/or LCAP complaint may be filed anonymously if the complaint provides evidence or information to support an allegation of noncompliance. 

Complainants may use Form 1312.3, but are not required to do so.  If a Complainant states to District staff that they are unable to submit their complaint in writing due to conditions including but not limited to disability or illiteracy, District staff shall assist them in filing their verbal complaint in writing.  However, if the Complainant is capable of, but refuses to or neglects to put their complaint in writing, the District is not obligated to conduct an investigation or offer mediation pursuant to the Uniform Complaint Policy and Administrative Regulation.


Written Uniform Complaints filed with any District staff other than the Compliance Officer must be forwarded to the Compliance Officer immediately, but in no case later than five (5) business days.  The Compliance Officer may then verbally, or in writing, appoint a designee to conduct the investigation and prepare the District's decision.

For purposes of Administrative Regulation 1312.3, a "business day" is defined as any day that the District's administrative offices are open.


Timing:

All complaints brought pursuant to Board Policy 1312.3 must be filed within one (1) year from the date of the alleged violation, except for complaints of unlawful discrimination, harassment, intimidation or bullying, which must be filed within six (6) months of the date of the alleged violation.  

For complaints relating to the Local Control and Accountability Plans (LCAP), the date of the alleged violation is the date when the reviewing authority approves the LCAP or annual update that was adopted by the Board of Education. (5 CCR 4630).  

The timeline set forth above may be extended for no more than an additional ninety (90) days, but only upon written request by the Complainant setting forth good cause for the delay, and only upon approval by the District's Superintendent or designee.  Any such request received by the District's Superintendent shall be approved or denied within fifteen (15) business days of its receipt. The Superintendent's or designee’s decision with respect to an extension is final.


Notice:

If a complaint is untimely filed, the Compliance Officer or their designee will notify the Complainant within fifteen (15) business days of receipt of the untimely filing. Such notice will inform the Complainant of their right to request, in writing, an extension of the timelines directly from the District's Superintendent.


Step 2: Voluntary Mediation


Within three (3) business days of receiving the complaint, the Compliance Officer or their designee may, but is not required to, informally discuss with all parties the possibility of using mediation to resolve the complaint. Mediation shall be offered to resolve complaints that involve more than one student and no adult. The Compliance Officer or their designee shall make all arrangements for this process, including choosing a mediator. The Compliance Officer or their designee shall give at least five (5) business days notice to the Complainant prior to any scheduled mediation.

Before initiating the mediation of a complaint alleging retaliation or unlawful discrimination, harassment, intimidation, or bullying, the Compliance Officer shall ensure that all parties agree to permit the mediator access to all relevant confidential information. The compliance officer shall also notify all parties of the right to end the informal process at any time.


The mediator may or may not be a District employee; however, in no case shall the Compliance Officer or their designee also serve as the mediator.

If the mediation process does not resolve the problem within the parameters of state and federal law, the Compliance Officer or their designee shall proceed with an investigation of the complaint.


The use of mediation shall not extend the District's timelines for investigating and resolving the complaint unless the Complainant agrees, in writing, to such an extension of time. (5 CCR 4631)


Step 3: Investigation of Complaint


If the Complainant does not agree to engage in mediation, the Compliance Officer or their designee shall begin an investigation into the complaint within ten (10) business days of the Compliance Officer receiving the complaint.  Alternatively, if the Complainant and the District do engage in mediation, but it proves unsuccessful, the mediation shall serve as the investigative meeting and the mediator shall share their notes of the mediation with the Compliance Officer.  


The Compliance Officer shall provide an opportunity for the Complainant and/or their representative to repeat the complaint orally and provide any additional factual support for their allegations, including any relevant documentation not already provided. The Complainant and/or their representative shall have an opportunity to present the complaint and evidence or information leading to evidence to support the allegations in the complaint. (5 CCR 4631)
 

In conducting the investigation, the Compliance Officer shall collect all available documents and review all available records, notes, or statements related to the complaint, including any additional evidence or information received from the parties during the course of the investigation. The Compliance Officer shall individually interview all available witnesses with information pertinent to the complaint, and may visit any reasonably accessible location where the relevant actions are alleged to have taken place. At appropriate intervals, the Compliance Officer shall inform the parties of the status of the investigation.
 

To investigate a complaint alleging retaliation or unlawful discrimination, harassment, intimidation, or bullying, the compliance officer shall interview the alleged victim(s), any alleged offender(s), and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.
 

A Complainant's refusal to provide the Compliance Officer or their designee with documents or other evidence related to the allegations in the complaint; their failure or refusal to cooperate in the investigation; or their engagement in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegation. (5 CCR 4631)


Any District employee's refusal to provide the Compliance Officer or their designee with access to records and/or other information related to the allegation in the complaint, or its failure or refusal to cooperate in the investigation or its engagement in any other obstruction of the investigation, may result in a finding, based on evidence collected, that a violation has occurred and may result in the imposition of a remedy in favor of the Complainant. (5 CCR 4631)


Step 4: Investigation Report


Unless extended by written agreement of the Complainant, the Compliance Officer or  their designee shall prepare and send to the Complainant and all other involved parties, the District's Investigation Report, as described below, within sixty (60) calendar days of the Compliance Officer's receipt of the complaint. (5 CCR 4631)


The District's Investigation Report shall be written in English and in the primary language of the Complainant whenever feasible and if requested by Complainant.   


The decision shall include:

  1. The findings of fact based on the evidence gathered
  2. Conclusions providing a clear determination as to each allegation as to whether the District is in compliance with the relevant law
  3. Corrective action(s) whenever the district finds merit in the complaint, including, when required by law, a remedy to all affected students and parents/guardians and, for a student fees complaint, a remedy that complies with Education Code 49013 and 5 CCR 4600
  4. Notice of the Complainant's right to appeal the Investigation Report to the California Department of Education (CDE), except when the District has used its local uniform complaint procedures to address a complaint not described in section 4610(b)
  5. Procedures to be followed for initiating an appeal to the CDE within thirty (30) calendar days of Complainant's receipt of the Investigation Report.  (5 CCR 4631)

The Investigation Report may also include follow-up procedures to prevent recurrence or retaliation and for reporting any subsequent problems.
 

In consultation with District legal counsel, information about the relevant part of an Investigation Report may be communicated to a victim who is not the Complainant and to other parties who may be involved in implementing the Investigation Report or are affected by the complaint, so long as the privacy of the parties is protected. In a complaint alleging unlawful discrimination, harassment, intimidation, or bullying, notice of the Investigation Report to the alleged victim shall include information about any sanction to be imposed upon the respondent that relates directly to the alleged victim.
 

If the complaint involves a limited-English-proficient (LEP) student or parent/guardian, then the District's response, if requested by the Complainant, and the Investigation Report shall be written in English and the primary language in which the complaint was filed.
 

For complaints alleging unlawful discrimination, harassment, intimidation, or bullying based on state law, the Investigation Report shall also include a notice to the Complainant that:

  1. The Complainant may pursue available civil law remedies outside of the District's complaint procedures, including, but not limited to, injunctions, restraining orders or other remedies or orders, sixty (60) calendar days after the filing of an appeal with CDE  (Education Code 262.3)
  2. The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law  (Education Code 262.3)
  3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred-eighty (180) days of the alleged discrimination

Corrective Actions
 

When a complaint is found to have merit, the compliance officer shall adopt any appropriate corrective action permitted by law. Appropriate corrective actions that focus on the larger school or District environment may include, but are not limited to, actions to reinforce District policies; training for faculty, staff, and students; updates to school policies; or school climate surveys.
 

For complaints involving retaliation or unlawful discrimination, harassment, intimidation, or bullying, appropriate remedies that may be offered to the victim but not communicated to the respondent may include, but are not limited to, the following:

  1. Counseling
  2. Academic support
  3. Health services
  4. Assignment of an escort to allow the victim to move safely about campus
  5. Information regarding available resources and how to report similar incidents or retaliation
  6. Separation of the victim from any other individuals involved, provided the separation does not penalize the victim
  7. Restorative justice
  8. Follow-up inquiries to ensure that the conduct has stopped and there has been no retaliation

For complaints of retaliation or unlawful discrimination, harassment, intimidation, or bullying involving a student as the respondent, appropriate corrective actions that may be provided to the student include, but are not limited to, the following:

  1. Transfer from a class or school as permitted by law
  2. Parent/guardian conference
  3. Education regarding the impact of the conduct on others
  4. Positive behavior support
  5. Referral to a student success team
  6. Denial of participation in extracurricular or cocurricular activities or other privileges as permitted by law
  7. Disciplinary action, such as suspension or expulsion, as permitted by law

When an employee is found to have committed retaliation or unlawful discrimination, harassment, intimidation, or bullying, the District shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement.
 

The District may also consider training and other interventions for the larger school community to ensure that students, staff, and parents/guardians understand the types of behavior that constitute unlawful discrimination, harassment, intimidation, or bullying, that the District does not tolerate it, and how to report and respond to it.
 

When a complaint is found to have merit, an appropriate remedy shall be provided to the Complainant or other affected person.
 

However, if a complaint alleging noncompliance with the law regarding student fees, deposits, and other charges, physical education instructional minutes, courses without educational content, or any requirement related to the LCAP is found to have merit, the District shall provide a remedy to all affected students and parents/guardians subject to procedures established by regulation of the State Board of Education.  (Education Code 49013, 51222, 51223, 51228.3, 52075)
 

For complaints alleging noncompliance with the law regarding student fees, the District, by engaging in reasonable efforts, shall attempt in good faith to identify and fully reimburse all affected students and parents/guardians who paid the unlawful student fees within one (1) year prior to the filing of the complaint.  (Education Code 49013; 5 CCR 4600)


The District's decision shall constitute a final decision, and is not appealable to the Board of Education or any other District administrator. It is appealable only to the California Department of Education, as described below.


Appeals to the California Department of Education


If dissatisfied with the District's Investigation Report, the Complainant may appeal in writing to the CDE within thirty (30) calendar days of receiving the District's Investigation Report. When appealing to the CDE, the Complainant must specify the basis for the appeal of the Investigation Report; including at least one of the following [5 CCR 4632(b)]:
 

  1. The District failed to follow its complaint procedures, and/or
  2. Relative to the allegations of the complaint, the District’s Investigation Report lacks material findings of fact necessary to reach a conclusion of law, and/or
  3. The material findings of fact in the District’s Investigation Report are not supported by substantial evidence, and/or
  4. The legal conclusion in the District’s Investigation Report is inconsistent with the law, and/or
  5. In a case in which the District found non-compliance, the corrective actions fail to provide a proper remedy

The appeal shall be accompanied by a copy of the locally filed complaint and a copy of the District's Investigation Report.  (5 CCR 4632)


Upon notification by the CDE that the Complainant has appealed the District's Investigation Report, the Compliance Officer or their designee shall forward the following documents to the CDE within ten (10) business days of the date of notification: (5 CCR 4633)

  1. A copy of the original complaint;
  2. A copy of the Investigation Report;
  3. A copy of the investigation file, including but not limited to all notes, interviews, and documents submitted by the parties and gathered by the Compliance Officer or their designee;
  4. A report of any action taken to resolve the complaint;
  5. A copy of the District's complaint procedures;
  6. Other relevant information requested by the CDE.

If notified by CDE that the District's Investigation Report failed to address allegation(s) raised by the complaint, the District shall, within twenty (20) days of the notification, provide CDE and the appellant with an amended Investigation Report that addresses the allegation(s) that were not addressed in the original Investigation Report. The amended report shall also inform the appellant of the right to separately appeal the amended report with respect to the allegation(s) that were not addressed in the original report.  (5 CCR 4632)
 

Civil Law Remedies


A Complainant may pursue available civil law remedies outside of the District's complaint procedures. Complainants may seek assistance from mediation centers or public/private interest attorneys. Civil law remedies that may be imposed by a court include, but are not limited to, injunctions and restraining orders. For discrimination, harassment, intimidation or bullying complaints, however, a Complainant must wait until 60 (sixty) calendar days have elapsed from the filing of an appeal with the CDE before pursuing civil law remedies. The moratorium does not apply to injunctive relief and is applicable only if the District has appropriately, and in a timely manner, apprised the Complainant of their right to file a complaint in accordance with 5 CCR 4622.

State Preschool Health and Safety Complaints

To file a UCP complaint regarding a state preschool health and safety issue pursuant to HSC Section 1596.7925 the Complainant must file with the preschool program administrator or their designee.

A state preschool health and safety issues complaint about problems beyond the authority of the preschool program administrator shall be forwarded in a timely manner, but not to exceed ten (10) business days to the Superintendent or their designee for resolution.

A state preschool health and safety issues complaint may be filed anonymously. A Complainant who identifies themselves is entitled to a response if they indicate that a response is requested. A complaint form shall include a space to mark to indicate whether a response is requested. If EC Section 48985 is otherwise applicable, the response, if requested, and the Investigation Report shall be written in English and the primary language in which the complaint was filed.

A complaint form for a state preschool health and safety issue shall specify the location for filing a complaint. A Complainant may add as much text to explain the complaint as they wish.

When investigating a UCP state preschool health and safety issue the preschool program administrator or the designee of the District superintendent shall make all reasonable efforts to investigate any problem within his or her authority, and investigations shall begin within ten (10) calendar days of the receipt of the complaint. A valid complaint shall be remedied within a reasonable time period, but not to exceed thirty (30) business days from the date the complaint was received. The resolution of the complaint shall be reported to the Complainant within 45 working days of the initial filing. If the preschool program administrator makes this report, he or she shall also report the same information in the same timeframe to the designee of the District Superintendent.

Filing an Appeal Regarding State Preschool Health and Safety Issues

A Complainant not satisfied with the resolution of the preschool program administrator or the designee of the District superintendent has the right to describe the complaint at a regularly scheduled hearing of the Board of Education. A Complainant will not be precluded from filing an appeal to the State Superintendent of Public Instruction (SSPI) if the Complainant does not file a local appeal.

A Complainant who is not satisfied with the resolution proffered by the preschool program administrator or the designee of the Superintendent has the right to file an appeal to the SSPI within thirty (30) calendar days of the date of the Investigation Report.

The Complainant shall comply with the same appeal requirements of 5 CCR section 4632 as in the section above ‘Appeals to the California Department of Education.’

The Complainant shall include a copy of the Investigation Report and specify and explain the basis for the appeal, including at least one of the following:

  • the preschool program administrator or the designee of the Superintendent failed to follow its complaint procedures, and/or
  • the Investigation Report lacks material findings of fact necessary to reach a conclusion of law, and/or
  • material findings of fact in the Investigation Report are not supported by substantial evidence, and/or
  • the legal conclusion in the Investigation Report is inconsistent with the law, and/or
  • If the preschool program is found noncompliant, the corrective actions fail to provide a proper remedy.

The SSPI or their designee shall comply with the requirements of 5 CCR Section 4633 and shall provide a written Investigation Report for the District to the State Board of Education describing the basis for the complaint, our response to the state preschool health and safety issues pursuant to HSC Section 1596.7925 complaint and its remedy or proposed remedy and, as appropriate, a proposed remedy for the issue described in the complaint, if different from the District’s remedy.

The District shall report summarized data on the nature and resolution of all UCP state preschool health and safety issues complaints on a quarterly basis to the county superintendent of schools and the District's Board of Education. The summaries shall be publicly reported on a quarterly basis at a regularly scheduled meeting of the Board of Education. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints.

Public Records

All complaints and written responses shall be public records. (Education Code 35186; 5 CCR 4686)


Revised: December 6, 2011

Revised: September 11, 2018

Revised December 11, 2018

Revised: August 17, 2021

Revised: August 27, 2024