UNIFORM COMPLAINT PROCEDURE
Nondiscrimination/Harassment/Intimidation/Bullying/Sexual Harassment/Pupil Fees
Nondiscrimination/Harassment/Intimidation/Bullying
The Board of Education is committed to equal opportunity for all
individuals in education. District programs, activities and services
shall be free from unlawful discrimination, harassment, intimidation,
and/or bullying based on actual or perceived characteristics of race
or ethnicity, color, ancestry, nationality, national origin, ethnic group
identification, age, religion, marital or parental status, physical or
mental disability, sex, sexual orientation, gender, gender identity,
gender expression, or genetic information, or on the basis of a
person's association with a person or group with one or more of
these actual or perceived characteristics. The board shall promote
programs which ensure that unlawful discriminatory practices are
eliminated in all district activities.
Any student who engages in discrimination, harassment,
intimidation, and/or bullying may be subject to disciplinary action up
to and including expulsion. Any employee who permits or engages in
unlawful discrimination, harassment, intimidation, and/or bullying
may be subject to disciplinary action up to and including dismissal.
Sexual Harassment
The District has adopted a strict policy containing rules and
procedures for reporting sexual harassment and pursuing remedies
and is committed to maintaining an educational environment that is
free from harassment, including school, or school-sponsored or
school-related activities.
The Board of Education prohibits unlawful sexual harassment of or
by anyone (including students and employees) in or from the
District. Sexual harassment includes unwelcome sexual advances,
requests for sexual favors, and other verbal, visual, or physical
contact of a sexual nature made by someone from or in the work or
educational setting. Any student who engages in sexual harassment
of another student or anyone from the district may be subject to
disciplinary action up to and including expulsion. Any employee who
permits or engages in sexual harassment may be subject to
disciplinary action up to and including dismissal.
Pupil Fees and other Complaints
The District shall follow uniform complaint procedures when
addressing the following: complaints alleging District noncompliance
with the prohibition against requiring students to pay fees, deposits,
or other charges for participation in educational activities, other
than those fees allowed by law; complaints alleging District
noncompliance with the requirement to provide reasonable
accommodation to a lactating student on school campus to express
breast milk or breastfeed an infant; complaints alleging District
noncompliance with legal requirements related to the
implementation of the local control and accountability plan;
complaints, by or on behalf of a homeless or foster student, 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, or other legal
requirements pertaining to these students; complaints alleging
District noncompliance with the requirements that prohibit the
assignment of a student to a course without educational content for
more than one week in any semester or to a course the student has
previously satisfactorily completed; complaints alleging District
noncompliance with the physical education instructional minutes
requirement for students in elementary school; and complaints
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.
To File a Complaint
The District is primarily responsible for compliance with federal and
state laws and regulations governing the following programs in
addition to any previously referenced: Adult Education, After School
Education and Safety, Migrant Education, Career Technical and
Technical Education and Training, Child Care and Development, Child
Nutrition, Consolidated Categorical Aid, Compensatory Education,
Every Student Succeeds Act/No Child Left Behind, Tobacco Use
Prevention Education, California Peer Assistance and Review
Programs for Teachers Education, Regional Occupation Centers and
Programs, School Safety Plans, State Preschool, American Indian
Education Centers and Early Childhood Education Program
Assessments, Bilingual Education, Economic Impact Aid, and any
other district-implemented program which is listed in Education
Code section 64000(a). Any student or parent who feels that
unlawful discrimination, harassment, intimidation, and/or bullying
or sexual harassment has occurred should immediately contact a
teacher, the school principal, or District Title IX/Compliance Officer.
A complaint may be initiated at the school or by directly contacting
the Title IX/Compliance Officer. Copies of an optional complaint
form may be obtained from the school office or Title IX/Compliance
Officer. Copies of the complaint procedures shall be available free of
charge.
1. Filing a Complaint: file a written complaint or use the complaint
form received from the school or Title IX/Compliance Officer.
Submit the complaint form to the school principal or Title
IX/Compliance Officer.
2. Investigation: The District will investigate the complaint and
provide a written report of the investigation and decision
within 40 days of when the complaint is filed.
3. Appeals: If the person making the complaint disagrees with the
District’s decision, the complainant has 5 days to appeal the
decision to the District’s Board of Education; or alternatively, 15
days to appeal the decision to the California Department of
Education.
4. A person filing a complaint may also seek civil law remedies,
subject to certain time lines.
5. At any time, a complainant has the right to file a complaint
alleging violations of federal laws or regulations, prohibiting
unlawful discrimination, harassment, intimidation, and/or
bullying based on any legally protected class, or on the basis of
a person's association with a person or group belonging to a
legally protected class with the United States Department of
Education, Office for Civil Rights, 50 Beale Street, Suite 7200,
San Francisco, CA 94105.
Complaints will be kept as confidential as appropriate. The District prohibits retaliation against any participant in the complaint process. Each
complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned.
If you have a complaint, contact a teacher, principal, site administrator, or
Title IX/Complian
ce Officer, Linda C. T. Simlick, General Counsel
916-
971-7110
[email protected]u
More information can be found here: https://www.sanjuan.edu/uniformcomplaint