William S. Hart Union High School District

What is a complaint?
A complaint is a written statement alleging discrimination, harassment, or a violation of a federal or state law or regulation. A complaint must be filed by way of the Uniform Complaint Procedures (UCP) as written in the California Code of Regulations, Title 5, sections 4600-4687.

The following document describes the process in filing a complaint. Topics include referring complaint issues, local educational agency responsibilities, district policies and procedures, filing a local complaint, time lines, appealing local agency decisions, department resolution procedures, the on-site investigation process, and California Department of Education investigation procedures and investigation report.

UNIFORM COMPLAINT PROCEDURE - AR 1312.3(b)

The William S. Hart Union High School District shall have the primary responsibility to ensure compliance with applicable state and federal laws and regulations.

Compliance Officers

The Governing Board designates the following compliance officers to receive and investigate complaints and ensure district compliance with law:

Assistant Superintendent - Human Resources and Personnel Services - Rob Gapper

Director of Human Resources & Equity Services - Greg Lee

21515 Centre Pointe Parkway, Santa Clarita 91350

(661) 259-0033 x316

The Superintendent or designee shall ensure that employees designated to investigate complaints are knowledgeable about the laws and programs for which they are responsible. Such employees may have access to legal counsel as determined by the Superintendent or designee.

(cf. 9124 - Attorney)

Complaints 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, and teacher vacancies and misassignments shall be investigated pursuant to the district's Williams uniform complaint procedure (AR 1312.4).

Notifications

The Superintendent or designee shall meet the notification requirements of the Code of Regulations, Title 5, Section 4622, including the annual dissemination of a written notice of the district's complaint procedures to students, employees, parents or guardians of its students, school and district advisory committees, appropriate private school officials or representatives, and other interested parties, and complaint procedures and information about available appeals, civil law remedies, and conditions under which a complaint may be taken directly to the California Department of Education. [T5CCR 4622] The Superintendent or designee shall ensure that complainants understand that they may pursue other remedies, including actions before civil courts or other public agencies. Remedies may include court orders, preliminary injunctions, and/or restraining orders.

(cf. 5145.6 Parental Notifications)

The above notification shall state that complainants may seek help from agencies such as legal assistance agencies or local mediation centers, or from private attorneys.

Procedures

The following procedures shall be used to address all complaints which allege that the district has violated federal or state laws or regulations governing educational programs. The district will use its uniform complaint procedures when addressing all complaints regarding the following civil rights guarantees (allegations of unlawful discrimination regarding actual or perceived sex, sexual orientation, gender, ethnic group, identification, race, ancestry, national origin, religion, color, mental or physical disability, age or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics). [PC. 422.55, EC 220, T5CCR 4610] gender equity. The district shall investigate complaints alleging failure to comply with applicable state and federal laws and regulations and/or alleging discrimination, and seek to resolve those complaints in accordance with the procedures set out in sections 4600-4687 of the Title 5 Regulations and in accordance with the policies and procedures of the governing board. (T5CCR 4620) Compliance officers shall maintain a record of each complaint and subsequent related actions, including all information required for compliance with the Code of Regulations, Title 5, Section 4632.

Investigations of discrimination complaints shall be conducted in a manner that protects confidentiality of the parties and the facts, and ensures that the identity of a complainant alleging discrimination, will remain confidential as appropriate. (Title 5, Section 4630)

All parties involved in allegations shall be notified when a complaint is filed, when a complaint meeting or hearing is scheduled, and when a decision or ruling is made.
The Board prohibits any form of retaliation against any complainant in the complaint process, including but not limited to a complainant's filing of a complaint or the reporting of instances of discrimination. Such participation shall not in any way affect the status, grades, or work assignments of the complainant. [T5CCR 4621]

AR 1312.3(b)

Step 1: Filing of Complaint

Any individual, public agency or organization may file a written complaint of alleged noncompliance.
Complaints alleging unlawful discrimination may be filed 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 unlawful discrimination. The complaint must be initiated no later than six months from the date when the alleged discrimination occurred or when the complainant first obtained knowledge of the facts of the alleged discrimination. (Title 5, Section 4630)

The complaint shall be presented to the Superintendent or designee, who shall then give it to the appropriate compliance officer. The Superintendent or designee shall maintain a log of complaints received, providing each with a code number and a date stamp.

If a complainant is unable to put a complaint in writing due to conditions such as illiteracy or other disabilities, district staff shall help him/her to file the complaint. (Title 5, Section 4600)

AR 1312.3(c)

Step 2: Mediation

Within three working days of receiving the complaint, the compliance officer may informally discuss with the complainant the possibility of using mediation. If the complainant agrees to mediation, the compliance officer shall make all arrangements for this process.

Before initiating the mediation of a discrimination complaint, 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. (Title 5, Section 4631)

Step 3: Investigation of Complaint

The compliance officer shall hold an investigative meeting within five working days of receiving the complaint or an unsuccessful attempt to mediate the complaint. This meeting shall provide an opportunity for the complainant and/or his/her representative to repeat the complaint orally. The complainant and/or his/her representative and the district's representatives shall also have an opportunity to present information relevant
to the complaint. Parties to the dispute may discuss the complaint and question each other or each other's witnesses. (Title 5, Section 4631)

Refusal of the complainant to provide the investigator with documents or other evidence related to the allegations in the complainant, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegations. [T5CCR 4631]

Refusal by the District to provide the investigator with access to records and/or information related to the allegation in the complaint, or to otherwise fail to refuse or cooperate in the investigation or engage 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. [T5CCR 4631]

Step 4: Response

Within 30 working days of receiving the complaint, the compliance officer shall prepare and send to the complainant a written report of the district's investigation and decision, as described in Step 5 below. If the complainant is dissatisfied with the compliance officer's decision, he/she may, within five days, file his/her complaint in writing with the Board. The Board may consider the matter at its next regular Board meeting or at a special Board meeting convened in order to meet the 60 day time limit within which the complaint must be answered. The Board may decide not to hear the complaint, in which case the compliance officer's decision is final. If the Board hears the complaint, the compliance officer shall send the Board's decision to the complainant within 60 days of the district's initially receiving the complaint or within the time period that has been specified in a written agreement with the complainant. (Title 5, Section 4631)

AR 1312.3(d)

Step 5: Final Written Decision

The report of the district's decision shall be written in English and in the primary language of the complainant whenever feasible or required by law. When 15 percent or more of a school's enrolled students speak a single primary language other than English, Education Code 48985 requires that reports sent to the parents/guardians of these students be written in the primary language. If it is not feasible to write this report in the complainant's primary language, the district shall arrange a meeting at which a community member will interpret it for the complainant.

(cf. 5145.6 Parental Notifications)

The report will contain the following elements: [T5CCR 4631]

(i) The findings of fact based on the evidence gathered.
(ii) Conclusion of law.
(iii) Disposition of the complaint
(iv) The rationale for such a disposition.
(v) Corrective actions, if any are warranted.
(vi) Notice of the complainant's right to appeal the district's decision to the California Department of Education
(vii) Procedures to be followed for initialing an appeal to the California Department of Education.

If an employee is disciplined as a result of the complaint, this report shall simply state that effective action was taken and that the employee was informed of district expectations. The report shall not give any further information as to the nature of the disciplinary action.

Appeals to the California Department of Education

If dissatisfied with the district's decision, the complainant may appeal in writing to the California Department of Education within 15 days of receiving the district's decision. For good cause, the Superintendent of Public Instruction may grant an extension for filing appeals. (Title 5, Section 4652)

When appealing to the California Department of Education, the complainant must specify the reason(s) for appealing the district's decision and must include a copy of the locally filed complaint and the district's decision. (Title 5, Section 4652)

Date WILLIAM S. HART UNION HIGH SCHOOL DISTRICT
Issued: 08/11/93 Santa Clarita, California
Reissued: 11/03/04
Reissued: 09/03/08