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Complaint Information and Resources clone

If you find yourself at the point of needing to file a formal complaint, we are here to help. Our goal is always to ensure that all complaints, as the first step, have been initiated for resolution with the school site principal and/or department supervisor.

Please note: Complaint forms are available by opening the links to the complaint titles below.

Information and processes for employment-related complaints and complaints initiated by employees are available on the Personnel Services homepage.

General Complaints

General Complaints Overview

The Tustin Unified School District exists to provide the best educational program and learning environment possible for all students entrusted to its care. To that end, the District welcomes constructive criticism of policies, programs, or operational decisions in order to improve its efforts and be responsive to its clients.

It is the intent of the Tustin Unified School District that matters giving rise to a complaint be addressed first on an informal basis and at the level closest to the situation. If a complaint cannot be addressed and resolved informally, then formal steps are available for resolution to any complaint leading, if necessary, to ultimate resolution by the Board of Education.

If a complaint by a parent requires a review and changing of a student’s written record, including the student’s grade(s), this policy shall be superseded by the protocol spelled out in Education Code Sections 49070 and 49071.

If confidentiality is a concern, every effort shall be made, but cannot be guaranteed, to respect the wishes of the complainant, without compromising the rights of all other parties involved.

In the interest of protecting the rights of anyone seeking resolution to a complaint, no harassment or retaliation of any kind against a student, parent/guardian, or community member shall occur because a complaint was filed.

Download Complaint Process, Board Policy, and Form:
General Complaint Form and Policy (English)
General Complaint Form and Policy (Spanish)

Uniform Complaints

Uniform Complaint Procedures

The District uses uniform complaint procedures to resolve any complaint alleging unlawful discrimination, harassment, intimidation, or bullying against any protected group as identified under Education Code section 200 and 220 and Government Code section 11135, including those with actual or perceived characteristics such as race or ethnicity, color, ancestry, national origin, nationality, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or 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, in any program or activity conducted by the District or that is funded directly by, or that receives or benefits from any state financial assistance.

Uniform complaint procedures are also used to address any complaint alleging the District's failure to comply with state and/or federal laws in adult education programs, consolidated categorical aid programs, migrant education, career technical and technical education and training programs, child care and development programs, child nutrition programs, special education programs, and the development and adoption of the school safety plan.

Uniform complaint procedures are also used to address any complaint alleging the district’s non-compliance with Article 5.5 of Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code (commencing with Section 49010) regarding pupil fees.

The District prohibits any form of retaliation against any complainant in the complaint process. Participation in the complaint process shall not in any way affect the status, grades, or work assignments of the complainant.

The District encourages the early, informal resolution of complaints at the site level whenever possible.

In investigating complaints, the confidentiality of the parties involved and the integrity of the process is protected. As appropriate, the District’s Uniform Complaint officer may keep the identity of a complainant confidential to the extent that the investigation of the complaint is not obstructed.

Should you have questions regarding the Uniform Complaint Procedures or find reason to file a Uniform Complaint, the District’s Uniform Complaint Officer is:

Robert Craven
Director, Educational Services
300 South C Street
Tustin, CA 92780
714.730.7301 Extension 368

Unless extended by written agreement with the complainant, the compliance officer will prepare and send to the complainant a written report of the District's investigation and decision within 60 days of the District's receipt of the complaint. (5 CCR 4631)

Download UCP Complaint Policy and Form:
UCP Complaint Policy and Form (English)
UCP Complaint Policy and Form (Spanish)

Discrimination/Harassment (Title IX) (Student-related)

The Tustin Unified School District is committed to ensuring equal, fair, and meaningful access to employment and education services. The District prohibits, in any employment practice, educational program, or educational activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying, based on actual or perceived 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 or expression, genetic information, veteran or military status, medical condition, pregnancy and related conditions, retaliation, or political beliefs; or association with a person or group with one or more of these actual or perceived characteristics. The District will take steps to assure that the lack of English will not be a barrier to admission and participation in District programs. A copy of the District’s nondiscrimination policy is available from the Tustin Unified School District Office.

A designated Coordinator for Nondiscrimination is available at each of the District’s schools to handle complaints regarding discrimination, harassment, intimidation, or bullying, and to answer inquiries regarding the District’s nondiscrimination policies.

Any student who feels that he/she has been subjected to discrimination, harassment, intimidation, or bullying should immediately contact the school’s Coordinator for Nondiscrimination, the principal, or any other staff member. In addition, any student who observes any such incident should report the incident to the Coordinator or principal, whether or not the victim files a complaint.

Any school employee who observes an incident of discrimination, harassment, intimidation, or bullying or to whom such an incident is reported shall report the incident to the Coordinator or principal within a school day, whether or not the victim files a complaint.
Any school employee who witnesses an incident of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall immediately intervene to stop the incident when it is safe to do so.

California Education Code Section 221.8:
The following list of rights are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.):

a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
d) You have the right to apply for athletic scholarships.
e) You have the right to receive equitable treatment and benefits in the provision of all of the following:

(1) Equipment and supplies
(2) Scheduling of games and practices
(3) Transportation and daily allowances
(4) Access to tutoring
(5) Coaching
(6) Locker rooms
(7) Practice and competitive facilities
(8) Medical and training facilities and services
(9) Publicity

(f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
(g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
(h) You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
(i) You have the right to pursue civil remedies if you have been discriminated against.
(j) You have the right to be protected against retaliation if you file a discrimination complaint.

How to File a Complaint
All complaints shall be filed in writing and signed by the complainant. If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, District staff shall assist him/her in the filing of the complaint.

Complaints shall also be filed in accordance with the following rules, as applicable:

1. A complaint alleging District violation of applicable state or federal law or regulations governing the following programs: Adult Education; After School Education and Safety; Bilingual Education; Career Technical and Technical Education and Career Technical and Technical Training; Career Technical Education; Child Care and Development; Compensatory Education; Consolidated Categorical Aid; Every Student Succeeds Act / No Child Left Behind; Migrant Education, Regional Occupational Centers and Programs; School Safety Plans; Special Education; and State Preschool 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 Course Period without Educational Content or 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, the Superintendent, or Superintendent’s designee. However, any such complaint shall be filed no later than one year from the date the alleged violation occurred. (Education Code 49013, 52075; 5 CCR 4630)

3. A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that he/she personally suffered the 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 unlawful discrimination occurred, or six months from the date when the complainant first obtained knowledge of the facts of the alleged unlawful 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 (such as discriminatory harassment, intimidation, 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 of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) or the alleged victim, when he/she is not the complainant, 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 shall nevertheless take all reasonable steps to investigate and resolve/respond to the complaint consistent with the request.

Investigation of Complaints
Within 10 business days of receiving 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 an opportunity to present the information contained in the 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. He/she 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 both parties of the status of the investigation.

To investigate a complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, 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. 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/or 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.

Final Written Decision
The District's decision shall be in writing and shall be sent to the complainant and respondent [5 CCR 4631]

Appeals to the California Department of Education
Any complainant who is dissatisfied with the District's final decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving the District's decision. (Education Code 222, 48853, 48853.5, 49013, 49069.5, 51223, 51225.1, 51225.2, 51228.3, 52075; 5 CCR 4632)

The District’s Title IX Coordinator for Nondiscrimination is:
Robert Craven
Director, Educational Services
300 South C Street
Tustin, CA 92780
714-730-7301 extension 368

Download Complaint Policy and Form:
Discrimination Harassment Policy & Complaint Form (English)
Discrimination/Harassment Policy & Complaint Form (Spanish)

For more information:
California Department of Education Equal Opportunity & Access

United States Department of Education's Office of Civil Rights

Williams Uniform Complaints (Facilities, Instructional Materials Sufficiency, Teacher Vacancies and Misassignments)

The District shall use the following procedures to investigate and resolve complaints when the complainant alleges that any of the following has occurred: (Education Code 35186; 5 CCR4681, 4682, 4683)

There should be sufficient textbooks and instructional materials. Each student, including English learners, must have a textbook or instructional materials, or both, to use in class and to take home.

School facilities must be clean, safe, and maintained in good repair.

There should be no teacher vacancies or misassignments. There should be a teacher assigned to each class and not a series of substitutes or other temporary teachers. The teacher should have the proper credential to teach the class, including the certification required to teach English learners, if present.

Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester.

Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statue to hold.

If you do not think these requirements are being met, you can obtain a Uniform Complaint Form at the school office, District office, or downloaded from the District’s web site. You may also download a copy of the California Department of Education complaint form from the following Web site: www.cde.ca.gov/re/cp/uc.

The District’s Coordinator for Williams Uniform Complaints is:
Robert Craven
Director, Educational Services
300 South C Street
Tustin, CA 92780
714.730.7301 Extension 368

Download Complaint Form:
Williams UCP Complaint Policy and Form (English)
Williams UCP Complaint Policy and Form (Spanish)

Student Fees

Complaints alleging District noncompliance with the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities may be filed using the complaint forms below:

Download Board Policy and Complaint Form:
Student Fees UCP Complaint Policy & Form (English)
Student Fees UCP Complaint Policy & Form (Spanish)

Sexual Harassment - Students

The District is committed to maintaining an educational environment that is free from harassment and discrimination. The District prohibits sexual harassment of students by other students, employees, or other persons, at school or at school-sponsored or school-related activities. The District also prohibits retaliatory behavior or action against persons who complain, testify, assist, or otherwise participate in District complaint processes.

Download Board Policy and Complaint Form:
Sexual Harassment UCP Complaint Policy & Form (English)
Sexual Harassment UCP Complaint Policy & Form (Spanish)

Bullying

Every student is entitled to a safe school environment free from discrimination, harassment, intimidation, and bullying. The District’s Policy on Bullying can be accessed on the District’s website. Copies are available in the school office.

The District prohibits bullying. Bullying is defined in Education Code section 48900(r). This includes, but is not limited to, discrimination, harassment, intimidation and bullying based on the actual or perceived characteristics set forth in Penal Code Section 422.55 and Education Code section 220, such as disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.

School personnel must immediately intervene if they witness an act of discrimination, harassment, intimidation or bullying, provided it is safe to do so. Acts of discrimination or bullying should be brought to the attention of the principal.

You may make an anonymous complaint by contacting the principal. Complaints of bullying or discrimination will be considered confidential. However, it may be necessary to disclose certain information in order to effectively investigate. Students who violate the District’s policies on bullying or discrimination may be subject to discipline, including suspension and expulsion. The District prohibits retaliation against individuals who make complaints of bullying or provide information related to such complaints.

Download Board Policy and Complaint Form:
Bullying UCP Complaint Policy & Form (English)
Bullying UCP Complaint Policy & Form (Spanish)

Complaints Concerning Content of Instructional Materials

The District uses a comprehensive process to adopt District instructional materials that is based on selection criteria established by law and Board policy and includes opportunities for the involvement of parents/guardians and community members. Complaints concerning the content or use of instructional materials, including textbooks, supplementary instructional materials, library materials, or other instructional materials and equipment, shall be properly and fairly considered using established complaint procedures.

For more information, please contact your site principal.

Employment-Related Complaints

UNITED STATES FEDERAL LAW

PRIVATE EMPLOYMENT, STATE AND LOCAL GOVERNMENTS, EDUCATIONAL INSTITUTIONS:

Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies, and labor organizations are protected under the following Federal laws:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN – Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex, or national origin.

DISABILITY – The American with Disabilities Act of 1990, as amended, protects qualified applicants and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, classification, referral, and other aspects of employment on the basis of disability. The law also requires that covered entities provide qualified applicants and employees with disabilities with reasonable accommodations that do not impose undue hardship.

AGE – The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination on the basis of hiring, promotion, discharge, compensation, terms, conditions, or privileges of employment.

SEX (Wages) – In addition to sex discrimination prohibited by Title VII of the Civil Rights Act (see above), the Equal Pay act of 1963, as amended, prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.

Retaliation against a person who files a charge of discrimination, participates in an investigation, or opposes an unlawful employment practice is prohibited by all of these Federal laws.

If you believe that you have been discriminated against under the above laws, you immediately should contact: The U.S. Equal Employment Opportunity Commission (EEOC) 1801 L. Street, N.W., Washington, DC 20507 or/and EEOC field office by calling toll free (800)669-4000. For individuals with hearing impairments, EEOC’s toll free TTD number is (800)800-3302.

EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTS

Applicants to and employees of companies with a Federal government contract or subcontract are protected under the following Federal authorities:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN – Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex, or national origin, and requires affirmative action to ensure quality of opportunity in all aspects of employment.

INDIVIDUALS WITH HANDICAPS – Section 503 of the Rehabilitation Act of 1973, as amended, prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified individuals with handicaps who, with reasonable accommodation, can perform the essential functions of a job.

VIETNAM ERA AND SPECIAL DISABLED VETERANS – 39 U.S.C. 4212 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 prohibits job discrimination and requires affirmative action to employ and advance in employment qualified Vietnam era veterans and qualified special disabled veterans.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately: The Office of Federal Contract Compliance Programs (OFCCP), Employment Standards Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington DC 20210 or call (202)693-0100 or an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor.

PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

RACE, COLOR, NATIONAL ORIGIN, SEX – In addition to the protection of Title VII of the Civil Rights Act of 1964, Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color, or national origin in programs or activities receiving Federal financial assistance. Employment discrimination covered by Title VI of the primary objective of the financial assistance is a provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of gender in educational programs or activities which receive Federal Assistance.

INDIVIDUALS WITH HANDICAPS – Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of handicap in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against handicapped persons who, with reasonable accommodation, can perform the essential functions of a job.

If you believe you have been discriminated against in a program of any institution which received Federal assistance, you should immediately contact the Federal agency providing such assistance.

The District designates the position identified below as its coordinator for nondiscrimination in employment (coordinator) to coordinate the District’s efforts to comply with state and federal nondiscrimination laws and to answer inquiries regarding the District’s nondiscrimination policies. The coordinator may be contacted at:

Chief Personnel Officer

(position title)

300 South C Street

(address)

714-730-7301

(telephone number)

clewis@tustin.k12.ca.us

(email)

To prevent unlawful discrimination, harassment, and retaliation against District employees, volunteers, interns, and job applicants, the Superintendent or designee shall implement the following measures:

1. Publicize the District’s nondiscrimination policy and regulation, including the complaint procedures and the coordinator’s contact information, to employees, volunteers, interns, job applicants, and the general public by:(5CCR 4960; 34 CFR 100.6, 106.9)

a. Including them in each announcement, bulletin, or application form that is used in employee recruitment.
b. Posting them in all District schools and offices, including staff lounges and other prominent locations.
c. Posting them on the District’s web site and providing easy access to them through District-supported social media, when available.
(cf 1113 – District and School Web Sites)
(cr 1114 – District-Sponsored Social Media)

2. Provide to employees a handbook that contains information that clearly describes the District’s nondiscrimination policy, procedures for filing a complaint, and resources available to anyone who feels that he/she has been the victim of any discriminatory or harassing behavior.

(cf 4112.9/4212.9/4312.9 – Employee Notifications)

3. Provide training to employees, volunteers, and interns regarding the District’s nondiscrimination policy, including what constitutes unlawful discrimination, harassment, and retaliation and how and to whom a report of an incident should be made.

(cf. 1240 – Volunteer Assistance)
(cf. 4131 – Staff Development)
(cf. 4231 – Staff Development)
(cf. 4331 – Staff Development)

4. Periodically review the District’s recruitment, hiring, and promotion processes and regularly monitor the terms, conditions, and privileges of employment to ensure District compliance with law.

Any complaint by an employee or job applicant alleging discrimination or harassment shall be addressed in accordance with the following procedures:

  1. Notice and Receipt of Complaint: A complainant who is an employee shall inform his/her supervisor. However, if the supervisor is the person against whom the employee is complaining, the employee shall inform the coordinator or the Superintendent. A job applicant shall inform the coordinator or the Superintendent or designee.

The complainant may file a written complaint in accordance with this procedure, or if he/she is an employee, may first attempt to resolve the situation informally with his/her supervisor.

A supervisor or manager who has received information about an incident of discrimination or harassment, or has observed such an incident, shall report it to the coordinator, whether or not the complainant files a written complaint.

The written complaint should contain the complainant's name, the name of the individual who allegedly committed the act, a description of the incident, the date and location where the incident occurred, any witnesses who may have relevant information, other evidence of the discrimination or harassment, and any other pertinent information which may assist in investigating and resolving the complaint.

(cf. 0410 – Nondiscrimination in district Programs and Activities)
(cf 4032 – Reasonable Accommodation)
(cf 4119.11/4219.11/4319.11 – Sexual Harassment)

2. Investigation Process: The coordinator shall initiate an impartial investigation of an allegation of discrimination or harassment within five school business days of receiving notice of the behavior, regardless of whether a written complaint has been filed or whether the written complaint is complete.

The coordinator shall meet with the complainant to describe the District's complaint procedure and discuss the actions being sought by the complainant in response to the allegation. The coordinator shall inform the complainant that the allegations will be kept confidential to the extent possible, but that some information may be revealed as necessary to conduct an effective investigation.

(cf. 3580 –District Records)
(cf. 4112.6/4212.6/4312.6 – Personnel Files)
(cf. 4119.23/4219.23/4319.23 – Unauthorized Release of Confidential/Privileged Information)

If the coordinator determines that a detailed fact-finding investigation is necessary, he/she shall begin the investigation immediately. As part of this investigation, the coordinator should interview the complainant, the person accused, and other persons who could be expected to have relevant information.

When necessary to carry out his/her investigation or to protect employee safety, the coordinator may discuss the complaint with the Superintendent or designee, District legal counsel, or the District's risk manager.

The coordinator also shall determine whether interim measures, such as scheduling changes, transfers, or leaves, need to be taken before the investigation is completed to ensure that further incidents do not occur. The coordinator shall ensure that such interim measures do not constitute retaliation.

3. Written Report on Findings and Corrective Action: No more than 30 days after receiving the complaint, the coordinator shall conclude the investigation and prepare a written report of his/her findings. This timeline may be extended for good cause.If an extension is needed, the coordinator shall notify the complainant and explain the reasons for the extension.

The report shall include the decision and the reasons for the decision and shall summarize the steps taken during the investigation. If a determination has been made that discrimination or harassment occurred, the report also shall include any corrective action(s) that have been or will be taken to address the behavior, correct the effect on the complainant, and ensure that retaliation or further discrimination or harassment does not occur.

The report shall be presented to the complainant, the person accused, and the Superintendent or designee.

4. Appeal to the Governing Board: The complainant or the person accused may appeal any findings to the Board within 10 business days of receiving the written report of the coordinator's findings. The Superintendent or designee shall provide the Board with all information presented during the investigation. Upon receiving an appeal, the Board shall schedule a hearing as soon as practicable. Any complaint against a District employee shall be addressed in closed session in accordance with law. The Board shall render its decision within 10 business days.

(cf. 1312.1 – Complaints Concerning District Employees)
(cf. 9321 – Closed Session Purposes and Agendas)

In addition to filing a discrimination or harassment complaint with the District, a person may also file a complaint with either the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).The time limits for filing such complaints are as follows:

  1. To file a valid complaint with DFEH, within one year of the alleged discriminatory act(s), unless an exception exists pursuant to Government Code 12960
  1. To file a valid complaint directly with EEOC, within 180 days of the alleged discriminatory act(s) (42 USC 2000e-5)
  1. To file a valid complaint with EEOC after first filing a complaint with DFEH, within 300 days of the alleged discriminatory act(s) or within 30 days after the termination of proceedings by DFEH, whichever is earlier (42 USC 2000e-5)
  2. Download Complaint Policy and Form:
    Discrimination in Employment Policy/Regulation