Board Policy BP 1312.3

Community Relations

Uniform Complaint Procedures

The Governing Board recognizes that the district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages early resolution of complaints whenever possible. To resolve complaints which may require a more formal process, the Board adopts the uniform system of complaint processes specified in 5 CCR 4600-4670 and the accompanying administrative regulation.

The district’s uniform complaint procedures (UCP) shall be used to investigate and resolve the following complaints:

1.    Any complaint alleging district violation of applicable state or federal law or regulations governing adult education programs, after school education and safety programs, agricultural vocational education, American Indian education centers and early childhood education program assessments, bilingual education, peer assistance and review programs for teachers , career technical and technical education and training programs, child care and development programs, child nutrition programs, , consolidated categorical aid programs, compensatory education, Economic Impact Aid, English learner programs, federal education programs in Title I-VII, migrant education, Regional Occupational Centers and Programs, school safety plans, special education programs, State Preschool Programs, Tobacco-Use Prevention Education programs,, and any other district-implemented program which is listed in Education Code 64000(a).

(cf. 3553 – Free and Reduced Price Meals)
(cf. 3555 – Nutrition Program Compliance)
(cf. 5148 – Child Care and Development)
(cf. 5148.2 – Before/After School Programs)
(cf. 6159 – Individualized Education Program)
(cf. 6171 – Title I Programs)
(cf. 6174 – Education for English Language Learners)
(cf. 6175 – Migrant Education Program)
(cf. 6178 – Career Technical Education)
(cf. 6178.1 – Work-Based Learning)
(cf. 6178.2 – Regional Occupational Center/Program)
(cf. 6200 – Adult Education)

2.    Any complaint alleging the occurrence of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) against any student, employee, or other person participating in district programs and activities, including, but not limited to, those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on the person’s actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on his/her association with a person or group with one or more of these actual or perceived characteristics  (5 CCR 4610)

(cf. 0410 – Nondiscrimination in District Programs and Activities)
(cf. 5145.3 – Nondiscrimination/Harassment)
(cf. 5145.7 – Sexual Harassment)

3.    Any complaint alleging district noncompliance with the requirement to provide reasonable accommodation to a lactating student on school campus to express breast milk, breastfeed an infant child, or address other breastfeeding-related needs of the student  (Education Code 222)

(cf. 5146 – Married/Pregnant/Parenting Students)

4.    Any complaint alleging district noncompliance with the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities  (5 CCR 4610)

(cf. 3260 – Fees and Charges)
(cf. 3320 – Claims and Actions Against the District)

5.    Any complaint alleging district noncompliance with legal requirements related to the implementation of the local control and accountability plan  (Education Code 52075)

    If the district finds merit in pupil fees, LCAP, and/or a Course Period without Educational Content complaint, the district shall provide a remedy. Specifically, in Course Period without Education Content the remedy shall go to the affected pupil. In LCAP and pupil fee complaints, the remedy shall go to all affected pupils, parents and guardians, which in the case of pupil fees, also includes reasonable efforts by the district to ensure full reimbursement to all affected pupils, parents and guardians subject to procedures established through regulations adopted by the Board.

(cf. 0460 – Local Control and Accountability Plan)

6.    Any complaint, by or on behalf of any student who is a foster youth, alleging district noncompliance with any legal requirement applicable to the student regarding placement decisions, the responsibilities of the district’s educational liaison to the student, the award of credit for coursework satisfactorily completed in another school or district, school transfer, or the grant of an exemption from Board-imposed graduation requirements (Education Code 48853, 48853.5, 49069.5, 51225.1, 51225.2)

(cf. 6173.1 – Education for Foster Youth)

7.    Any complaint, by or on behalf of a homeless student as defined in 42 USC 11434a, a former juvenile court school student, or a child of a military family as defined in Education Code 49701 who transfers into the district after his/her second year of high school, alleging district noncompliance with any requirement applicable to the student regarding the award of credit for coursework satisfactorily completed in another school or district or the grant of an exemption from Board-imposed graduation requirements  (Education Code 51225.1, 51225.2)

(cf. 6173 – Education for Homeless Children)

8.    Any complaint alleging district noncompliance with the requirements of Education Code 51228.1 and 51228.2 that prohibit the assignment of a student in grades 9-12 to a course without educational content for more than one week in any semester or to a course the student has previously satisfactorily completed, without meeting specified conditions (Education Code 51228.3)

9.    Any complaint alleging district noncompliance with the physical education instructional minutes requirement for students in elementary school  (Education Code 51210, 51223)

(cf. 6142.7 – Physical Education and Activity)

10.    Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy

11.    Any other complaint as specified in a district policy

The Board recognizes that alternative dispute resolution (ADR) can, depending on the nature of the allegations, offer a process to reach a resolution to the complaint that is acceptable to all parties. ADR such as mediation may be offered to resolve complaints that involve more than one student and no adult.  However, mediation shall not be offered or used to resolve any complaint involving sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate.  The Superintendent or designee shall ensure that the use of ADR is consistent with state and federal laws and regulations.

The district shall protect all complainants from retaliation. In investigating complaints, the confidentiality of the parties involved shall be protected as required by law. As appropriate for any complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the Superintendent or designee shall keep confidential the identity of the complainant and/or the subject of the complaint if he/she is different from the complainant, as long as the integrity of the complaint process is maintained.

(cf. 4119.23/4219.23/4319.23 – Unauthorized Release of Confidential/Privileged Information)
(cf. 5125 – Student Records)
(cf. 9011 – Disclosure of Confidential/Privileged Information)

When an allegation that is not subject to the UCP is included in a UCP complaint, the district shall refer the non-UCP allegation to the appropriate staff or agency and shall investigate and, if appropriate, resolve the UCP-related allegation(s) through the district’s UCP.

The Superintendent or designee shall provide training to district staff to ensure awareness and knowledge of current law and related requirements, including the steps and timelines specified in this policy and the accompanying administrative regulation.

(cf. 4131 – Staff Development)
(cf. 4231 – Staff Development)
(cf. 4331 – Staff Development)

The Superintendent or designee shall maintain records of all UCP complaints and the investigations of those complaints in accordance with applicable law and district policy.

(cf. 3580 – District Records)

Non-UCP Complaints

The following complaints shall not be subject to the district’s UCP but shall be referred to the specified agency:  (5 CCR 4611)

1.    Any complaint alleging child abuse or neglect shall be referred to the County Department of Social Services, the County Protective Services Division, and the appropriate law enforcement agency.

2.    Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to Department of Social Services and shall, for licensing-exempt facilities, be referred to the appropriate Child Development regional administrator.

3.    Any complaint alleging fraud shall be referred to the California Department of Education.

Any complaint alleging employment discrimination or harassment shall be investigated and resolved by the district in accordance with the procedures specified in AR 4030 – Nondiscrimination in Employment.

In addition, the district’s Williams Uniform Complaint Procedures, AR 1312.4, shall be used to investigate and resolve any complaint related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, or teacher vacancies and misassignments.  (Education Code 35186)

(cf. 1312.4 – Williams Uniform Complaint Procedures)

Legal Reference:
EDUCATION CODE
200-262.4  Prohibition of discrimination
8200-8498  Child care and development programs
8500-8538  Adult basic education
18100-18203  School libraries
32289  School safety plan, uniform complaint procedures
35186  Williams uniform complaint procedures
48985  Notices in language other than English
49010-49013  Student fees
49060-49079  Student records
49490-49590  Child nutrition programs
49701 Interstate Compact on Educational Opportunity for Military Children
51210  Courses of study grades 1-6
51223  Physical education, elementary schools
51225.1-51225.2  Foster youth, homeless children, and former juvenile court school students, and military-connected students; course credits; graduation requirements
51226-51226.1  Career technical education
51228.1-51228.3  Course periods without educational content
52060-52077  Local control and accountability plan, especially
52075  Complaint for lack of compliance with local control and accountability plan requirements
52160-52178  Bilingual education programs
52300-52490  Career technical education
52500-52616.24  Adult schools
52800-52870  School-based program coordination
54400-54425  Compensatory education programs
54440-54445  Migrant education
54460-54529  Compensatory education programs
56000-56867  Special education programs
59000-59300  Special schools and centers
64000-64001  Consolidated application process
GOVERNMENT CODE
11135  Nondiscrimination in programs or activities funded by state
12900-12996  Fair Employment and Housing Act
PENAL CODE
422.55  Hate crime; definition
422.6  Interference with constitutional right or privilege
CODE OF REGULATIONS, TITLE 5
3080  Application of section
4600-4687  Uniform complaint procedures
4900-4965  Nondiscrimination in elementary and secondary education programs
7301-7372  Title V rural and low-income school programs
12101-12213  Title II equal opportunity for individuals with disabilities
UNITED STATES CODE, TITLE 29
794  Section 504 of Rehabilitation Act of 1973
UNITED STATES CODE, TITLE 20
1221 Application of laws
1232g Family Educational Rights and Privacy Act
1681-1688  Title IX of the Education Amendments of 1972
6301-6577  Title I basic programs
6801-6871  Title III language instruction for limited English proficient and immigrant students
7101-7184  Safe and Drug-Free Schools and Communities Act
7201-7283g  Title V promoting informed parental choice and innovative programs
UNITED STATES CODE, TITLE 42
2000d-2000e-17  Title VI and Title VII Civil Rights Act of 1964, as amended
2000h-2-2000h-6  Title IX of the Civil Rights Act of 1964
6101-6107  Age Discrimination Act of 1975
CODE OF FEDERAL REGULATIONS, TITLE 28
35.107  Nondiscrimination on basis of disability; complaints
CODE OF FEDERAL REGULATIONS, TITLE 34
99.1-99.67 Family Educational Rights and Privacy
100.3  Prohibition of discrimination on basis of race, color or national origin
104.7  Designation of responsible employee for Section 504
106.8  Designation of responsible employee for Title IX
106.9  Notification of nondiscrimination on basis of sex
110.25  Notification of nondiscrimination on the basis of age

Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Sample UCP Board Policies and Procedures
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter:  Title IX Coordinators, April 2015

Dear Colleague Letter:  Bullying of Students with Disabilities, August 2013

Dear Colleague Letter:  Harassment and Bullying, October 2010

Revised Sexual Harassment Guidance:  Harassment of Students by

School Employees, Other Students, or Third Parties, January 2001
WEB SITES
CSBA:  http://www.csba.org
California Department of Education:  http://www.cde.ca.gov
U.S. Department of Education, Office for Civil Rights:  http://www.ed.gov/about/offices/list/ocr

Policy    SACRAMENTO CITY UNIFIED SCHOOL DISTRICT
adopted:  November 16, 1998    Sacramento, California
revised:  June 7, 2007
revised:  October 6, 2011
revised:  May 2, 2013
revised:  June 19, 2014
revised:  November 20, 2014
revised:  November 3, 2016
revised:  June 15, 2017
revised:  November 26, 2018

Administrative Regulation AR 1312.3

Community Relations

Uniform Complaint Procedures Except as the Governing Board may otherwise specifically provide in other district policies, these general uniform complaint procedures (UCP) shall be used to investigate and resolve only the complaints specified in BP 1312.3.

(cf. 1312.1 – Complaints Concerning District Employees)
(cf. 1312.2 – Complaints Concerning Instructional Materials)
(cf. 1312.4 – Williams Uniform Complaint Procedures)
(cf. 4031 – Complaints Concerning Discrimination in Employment)

Compliance Officers

The Board designates the following compliance officers to receive and investigate complaints and for complying with state and federal civil rights laws. The individual(s) also serve as the compliance officer(s) specified in AR 5145.3 - Nondiscrimination/Harassment as the responsible employee to handle complaints regarding sex discrimination.

 The individual(s) shall receive and coordinate the investigation of complaints and shall ensure district compliance with law.

(cf. 5145.3 – Nondiscrimination/Harassment)
(cf. 5145.7 – Sexual Harassment)

Lead Compliance Officer
Chief Human Resource Officer
5735 – 47th Avenue
Sacramento, CA  95824
(916) 643-7474

Compliance Officer for Claims of Student-to-Student Discrimination or Harassment
Director of Student Hearing and Placement
5735 – 47th Avenue
Sacramento, CA  95824
(916) 643-9425

The compliance officer who receives a complaint may assign another compliance officer to investigate the complaint.  The compliance officer shall promptly notify the complainant if another compliance officer is designated to investigate the complaint.

In no instance shall a compliance officer be designated to investigate a complaint if he/she is mentioned in the complaint or has a conflict of interest that would prohibit him/her from fairly investigating the complaint. Any complaint filed against or implicating a compliance officer may be filed with the Superintendent or designee.

For complaints concerning insufficiency of instructional materials, emergency or urgent facilities conditions, and/or teacher vacancy or misassignment issues, the complaint shall be filed with the school principal or his/her designee at the school site where the complaint arises as provided in Administrative Regulation 1312.4.

The Superintendent or designee shall ensure that employees designated to investigate complaints receive training and are knowledgeable about the laws and programs which they are assigned to investigate.  Training provided to such designated employees shall include current state and federal laws and regulations governing the program, applicable processes for investigating complaints, including those involving alleged discrimination, applicable standards for reaching decisions on complaints, and appropriate corrective measures.  Designated employees may have access to legal counsel as determined by the Superintendent or designee.

(cf. 4331 – Staff Development)
(cf. 9124 – Attorney)

The compliance officer or, if necessary, any appropriate administrator shall determine whether interim measures are necessary during and pending the results of an investigation.  If interim measures are determined to be necessary, the compliance officer or the administrator shall consult with the Superintendent, the Superintendent’s designee, or, if appropriate, the site principal to implement, if possible, one or more of the interim measures.  The interim measures may remain in place until the compliance officer determines that they are no longer necessary or until the district issues its final written decision, whichever occurs first.

Notifications

The district’s UCP policy and administrative regulation shall be posted in all district schools and offices, including staff lounges and student government meeting rooms.  (Education Code 234.1)

The Superintendent or designee, shall annually provide written notification of the district’s UCP to students, employees, parents/guardians of district students, district advisory committee members, school advisory committee members, appropriate private school officials or representatives, and other interested parties. The notification shall include, information regarding the prohibition of discrimination, harassment, intimidation, and bullying, unlawful student fees, local control and accountability plan (LCAP) requirements, and requirements related to the educational rights of foster youth and homeless students former juvenile court school students, and children of military families (Education Code 262.3, 49013, 48853, 48853.5, 49010-49013, 49069.5, 51225.1, 51225.2, 52075; 5 CCR 4622)

(cf. 0420 – School Plans/Site Councils)
(cf. 1220 – Citizen Advisory Committees)
(cf. 3260 – Fees and Charges)
(cf. 4112.9/4212.9/4312.9 – Employee Notifications)
(cf. 5145.6 – Parental Notifications)
(cf. 6173 – Education for Homeless Children)
(cf. 6173.1 – Education for Foster Youth)

The Superintendent or designee shall ensure that all students and parents/guardians, including students and parents/guardians with limited English proficiency, have access to the relevant information provided in the district’s policy, regulation, forms, and notices concerning the UCP.

If 15 percent or more of students enrolled in a particular district school speak a single primary language other than English, the district’s policy, regulation, forms, and notices concerning the UCP shall be translated into that language, in accordance with Education Code 234.1 and 48985.  In all other instances, the district shall ensure meaningful access to all relevant UCP information for parents/guardians with limited English proficiency.

The notice shall:

1.    Identify the person(s), position(s), or unit(s) responsible for receiving complaints

2.    Advise the complainant of any civil law remedies that may be available to him/her under state or federal discrimination laws, if applicable

3.    Advise the complainant of the appeal process, including, if applicable, the complainant’s right to take a complaint directly to the California Department of Education (CDE) or to pursue remedies before civil courts or other public agencies, such as the U.S. Department of Education’s Office for Civil Rights (OCR) in cases involving unlawful discrimination.

4.    Include statements that:

a.    The district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs.

b.    The complaint review shall be completed within 60 calendar days from the date of receipt of the complaint unless the complainant agrees in writing to an extension of the timeline.

c.    A complaint alleging retaliation, unlawful discrimination, or bullying must be filed not later than six months from the date it occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination.  The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.

d.    Complaints should be filed in writing and signed by the complainant. If a complainant is unable to put his/her complaint in writing, for example, due to conditions such as a disability or illiteracy, district staff shall assist him/her in the filing of the complaint.

e.    If a complaint is not filed in writing but the district receives notice of any allegation that is subject to the UCP, the district shall take affirmative steps to investigate and address the allegations, in a manner appropriate to the particular circumstances.

    If the allegation involves retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) and the investigation reveals that discrimination has occurred, the district will take steps to prevent recurrence of discrimination and correct its discriminatory effects on the complainant, and on others, if appropriate.

f.    A student enrolled in a public school shall not be required to pay a fee for his/her participation in an educational activity that constitutes an integral fundamental part of the district’s educational program, including curricular and extracurricular activities.

g.    The Board is required to adopt and annually update a local control and accountability plan (LCAP), in a manner that includes meaningful engagement of parents/guardians, students, and other stakeholders in the development and/or review of the LCAP.

(cf. 0460 – Local Control and Accountability Plan)

h.    A foster youth shall receive information about educational rights related to his/her educational placement, enrollment in and checkout from school, as well as the responsibilities of the district liaison for foster youth to ensure and facilitate these requirements and to assist the student in ensuring proper transfer of his/her credits, records, and grades when he/she transfers between schools or between the district and another district.

i.    A foster youth homeless student, former juvenile court school student, or child of a military family who transfers into a district high school or between district high schools shall be notified of the district’s responsibility to:

(1)    Accept any coursework or part of the coursework that the student has satisfactorily completed in another public school, juvenile court school, or a nonpublic, nonsectarian school or agency, and to issue full or partial credit for the coursework completed

(2)    Not require the student to retake any course or a portion of a course which he/she has satisfactorily completed in another public school, juvenile court school, or a nonpublic, nonsectarian school or agency

(3)    If the student has completed his/her second year of high school before the transfer, provide the student information about district-adopted coursework and Board-imposed graduation requirements from which he/she may be exempted pursuant to Education Code 51225.1

j.    The complainant has a right to appeal the district’s decision to CDE by filing a written appeal within 15 calendar days of receiving the district’s decision.

k.    The appeal to CDE must include a copy of the complaint filed with the district and a copy of the district’s decision.

l.    Copies of the district’s UCP are available free of charge.

The annual notification, complete contact information of the compliance officer(s), and information related to Title IX as required pursuant to Education Code 221.61 shall be posted on the district web site and may be provided through district-supported social media, if available.

District Responsibilities

All UCP-related complaints shall be investigated and resolved within 60 calendar days of the district’s receipt of the complaint unless the complainant agrees in writing to an extension of the timeline.  (5 CCR 4631)

For complaints alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the district shall inform the respondent when the complainant agrees to an extension of the timeline for investigating and resolving the complaint.

The compliance officer shall maintain a record of each complaint and subsequent related actions, including steps taken during the investigation and all information required for compliance with 5 CCR 4631 and 4633.

All parties involved in the allegations shall be notified when a complaint is filed and when a decision or ruling is made. However, the compliance officer shall keep all complaints or allegations of retaliation, unlawful discrimination, or bullying confidential except when disclosure is necessary to carry out the investigation, take subsequent corrective action, conduct ongoing monitoring, or maintain the integrity of the process.  (5 CCR 4630, 4964)

All complainants shall be protected from retaliation.

Filing of Complaint

The complaint shall be presented to the compliance officer who shall maintain a log of complaints received, providing each with a code number and a date stamp.

All complaints shall be filed in accordance with the following:

1.    A written complaint alleging district violation of applicable state or federal law or regulations governing the programs specified in the accompanying Board policy (item #1 of the section “Complaints Subject to the UCP”) may be filed by any individual, public agency, or organization.  (5 CCR 4630)

2.    Any complaint alleging noncompliance with law regarding the prohibition against requiring students to pay student fees, deposits, and charges or any requirement related to the LCAP may be filed anonymously if the complaint provides evidence, or information leading to evidence, to support an allegation of noncompliance.  A complaint about a violation of the prohibition against the charging of unlawful student fees may be filed with the principal of the school or with the Superintendent or designee. However, any such complaint shall be filed no later than one year from the date the alleged violation occurred.  (Education Code 49013, 52075)

3.    A complaint alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, may be filed only by a person who alleges that he/she personally suffered unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to it.  The complaint shall be initiated no later than six months from the date when the alleged discrimination occurred, or six months from the date when the complainant first obtained knowledge of the facts of the alleged discrimination.  The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.  (5 CCR 4630)

4.    When a complaint alleging unlawful discrimination or bullying is filed anonymously, the compliance officer shall pursue an investigation or other response as appropriate, depending on the specificity and reliability of the information provided and the seriousness of the allegation.

5.    When the complainant or alleged victim of unlawful discrimination or bullying requests confidentiality, the compliance officer shall inform him/her that the request may limit the district’s ability to investigate the conduct or take other necessary action.  When honoring a request for confidentiality, the district will nevertheless take all reasonable steps to investigate and respond to the complaint consistent with the request.

Mediation

Within three days of receiving the complaint, the compliance officer may informally discuss with the complainant the possibility of using mediation. Meditation shall be offered to resolve complaints that involve more than one student and no adult.  However, mediation shall not be offered or used to resolve any complaint involving an allegation of a sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate. If the complainant agrees to mediation, the compliance officer shall make all arrangements for this process.

Before initiating the mediation of a complaint alleging retaliation, unlawful discrimination, or bullying the compliance officer shall ensure that all parties agree to make the mediator a party to related confidential information.

If the mediation process does not resolve the problem within the parameters of law, the compliance officer shall proceed with his/her 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) If mediation is successful and the complaint is withdrawn, then the district shall take only the actions agreed to through the mediation.  If mediation is unsuccessful, the district shall then continue with subsequent steps specified in this administrative regulation.

Investigation of Complaint

Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.

Within one business day of initiating the investigation, the compliance officer shall provide the complainant and/or his/her representative with the opportunity to present the information contained in complaint to the compliance officer and shall notify the complainant and/or his/her representative of the opportunity to present the compliance officer with any evidence, or information leading to evidence, to support the allegations in the complaint. Such evidence or information may be presented at any time during the investigation.

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, 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.

To resolve a complaint alleging retaliation, unlawful discrimination, or bullying, the compliance officer shall interview the alleged victim(s), any alleged offenders, 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 district’s investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or 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)

In accordance with law, the district shall provide the investigator with access to records and other information related to the allegation in the complaint and shall not in any way obstruct the investigation.  Failure or refusal of the district to cooperate in the investigation may result in a finding based on evidence collected that a violation has occurred and in the imposition of a remedy in favor of the complainant.  Similarly, a respondent’s refusal to provide the district’s investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or engagement in any other obstruction of the investigation may result in a finding, based on evidence collected, that a violation has occurred and in the imposition of a remedy in favor of the complainant.  (5 CCR 4631)

In accordance with law, the district shall provide the investigator with access to records and other information related to the allegation in the complaint and shall not in any way obstruct the investigation. Failure or refusal of the district to cooperate in the investigation may result in a finding based on evidence collected that a violation has occurred and in the imposition of a remedy in favor of the complainant.  (5 CCR 4631)

The compliance officer shall apply a “preponderance of the evidence” standard in determining the veracity of the factual allegations in a complaint.  This standard is met if the allegation is more likely to be true than not.

Response

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant a written report of the district’s investigation and decision, as described in the section “Final Written Decision” below, within 60 calendar days of the district’s receipt of the complaint.  (5 CCR 4631)

Final Written Decision

The report of the district’s decision shall be in writing and sent to the complainant.  (5 CCR 4631)

In consultation with district legal counsel, information about the relevant part of a decision may be communicated to a victim who is not the complainant and to other parties that may be involved in implementing the decision or affected by the complaint, as long as the privacy of the parties is protected. In a complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, and bullying), notice of the district’s decision 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 student or parent/guardian and the student involved attends a school at which 15 percent or more of the students speak a single primary language other than English, then the decision shall also be translated into that language.  In other all other instances, the district shall ensure meaningful access to all relevant information for parents/guardians and students with limited English proficiency.

For all complaints, the decision shall include:  (5 CCR 4631)

1.    The findings of fact based on the evidence gathered. In reaching a factual determination, the following factors may be taken into account:

a.    Statements made by any witnesses

b.    The relative credibility of the individuals involved

c.    How the complaining individual reacted to the incident

d.    Any documentary or other evidence relating to the alleged conduct

e.    Past instances of similar conduct by any alleged offenders

f.    Past false allegations made by the complainant

2.    The conclusion(s) of law

3.    Disposition of the complaint

4.    Rationale for such disposition

    For complaints of retaliation or unlawful discrimination, including discriminatory harassment, intimidation, or bullying, the disposition of the complaint shall include a determination for each allegation as to whether retaliation or unlawful discrimination has occurred.

    The determination of whether a hostile environment exists may involve consideration of the following:

a.    How the misconduct affected one or more students’ education

b.    The type, frequency, and duration of the misconduct

c.    The relationship between the alleged victim(s) and offender(s)

d.    The number of persons engaged in the conduct and at whom the conduct was directed

e.    The size of the school, location of the incidents, and context in which they occurred

f.    Other incidents at the school involving different individuals

5.    Corrective action(s), including any actions that have been taken or will be taken to address the allegations in the complaint and including, with respect to a student fees complaint, a remedy that comports with Education Code 49013 and 5 CCR 4600

    For complaints of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, the notice may, as required by law, include:

a.    The corrective actions imposed on the individual found to have engaged in the conduct that relate directly to the subject of the complaint

b.    Individual remedies offered or provided to the subject of the complaint

c.    Systemic measures the school has taken to eliminate a hostile environment and prevent recurrence

6.    Notice of the complainant’s right to appeal the district’s decision within 15 calendar days to the CDE and procedures to be followed for initiating such an appeal

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

For complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, and bullying, based on state law, the decision shall also include a notice to the complainant that:

1.    He/she may pursue available civil law remedies outside of the district’s complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, 60 calendar days after the filing of an appeal with the CDE.  (Education Code 262.3)

2.    The 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 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, unlawful discrimination, or bullying, appropriate corrective actions that focus on the victim 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

9.    Determination of whether any past actions of the victim that resulted in discipline were related to the treatment the victim received and described in the complaint

For complaints involving retaliation, unlawful discrimination, or bullying, appropriate corrective actions that focus on a student offender may 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 co-curricular 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 (such as discriminatory 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, including discriminatory harassment, intimidation, or bullying, that the district does not tolerate it, and how to report and respond to it.

If a complaint alleging noncompliance with the laws regarding student fees, deposits, and other charges, physical education instructional minutes for students in elementary schools, 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, 51223, 52075)

When a complaint is found to have merit, an appropriate remedy shall be provided to the complainant or other affected person. The remedy shall go to the affected pupil in the case of complaints regarding:  course periods without Educational Content, Reasonable accommodations to a Lactating Pupil, and/or Education of Pupils in Foster Care, Pupils who are Homeless, former Juvenile Court Pupils now enrolled in our school district, and pupils in military families.

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

Appeals to the California Department of Education

Any complainant who is dissatisfied with the district’s final written decision of a complaint regarding any specified federal or state educational program subject to the UCP may file an appeal in writing with the CDE within 15 calendar days of receiving the district’s decision.  (Education Code 49013, 52075; 5 CCR 4632)

When a respondent in any complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, and bullying) is dissatisfied with the district’s final written decision, he/she, in the same manner as the complainant, may file an appeal with the CDE.

The complainant or respondent shall specify the basis for the appeal of the decision and how the facts of the district’s decision are incorrect and/or the law has been misapplied.  The appeal shall be sent to CDE with by a copy of the original locally filed complaint and a copy of the district’s decision in that complaint.  (5 CCR 4632)

Upon notification by CDE that the complainant has appealed the district’s decision, the Superintendent or designee shall forward the following documents to CDE:  (5 CCR 4633)

1.    A copy of the original complaint

2.    A copy of the decision

3.    A summary of the nature and extent of the investigation conducted by the district, if not covered by the decision

4.    A copy of the investigation file including, but not limited to, all notes, interviews, and documents submitted by the parties and gathered by the investigator

5.    A report of any action taken to resolve the complaint

6.    A copy of the district’s uniform complaint procedures

7.    Other relevant information requested by CDE

Regulation    SACRAMENTO CITY UNIFIED SCHOOL DISTRICT
approved:  November 16, 1998    Sacramento, California
reviewed:  June 11, 2002
revised:  February 3, 2005
revised:  March 16, 2015
revised:  November 4, 2016
revised:  November 15, 2018