Magnolia Elementary

Complaint Procedures

Sexual Harassment Complaint Procedures

The Upland Unified School District prohibits sex-based discrimination, including sexual harassment, and the district and school site staffs are committed to investigating and resolving, fairly, all reports and complaints of sex-based discrimination and sexual harassment.

The Assistant Superintendent of Human Resources is the Chief Complaint Officer for the District. The Assistant Superintendent may be contacted at (909) 985-1864, extension 229, or at Upland Unified School District, 390 N. Euclid Avenue, Upland, California, 91786.

Any report or complaint of sex-based discrimination or harassment against a student may be presented in person or in writing to the principal or vice-principal of the school the student attends. Any report or complaint of sex-based discrimination or harassment made by a student against an employee should be presented in person or in writing to the Assistant Superintendent of Human Resources at the above address. A complaint may also be filed directly with the U.S. Department of Education, Office for Civil Rights at 50 United Nations Plaza, Room 239, San Francisco, CA 94102.

The administration is committed to prohibiting sex-based discrimination and sexual harassment and will thoroughly investigate and resolve all such reports or complaints.

 

Reporting Procedures

1.  The Board encourages and expects students to immediately report incidents of sexual harassment to any teacher, counselor, or administrator at the school site or to the District Complaint Officer.

2.  Any teacher, counselor, or administrator who has received a report, verbally or in writing, from any student regarding sexual harassment of that student or any other student by a student or adult in the educational setting must forward that report to the building principal and the Assistant Superintendent of Human Resources, District Complaint Officer, Upland Unified School District,

390 N. Euclid Avenue, Upland, California 91786, Telephone (909) 985-1864 within twenty-four (24) hours, or within a reasonable extension of time thereafter for good cause.

3.  Verbal reports of sexual harassment will be put in writing by the individual complaining or the person who receives the complaint and should be signed by the person complaining.

4.  Each complaint of sexual harassment shall be promptly investigated in a way that respects the privacy of all parties concerned to the extent permitted by law and to the extent practical and appropriate under the circumstances.

        5.  The complaint investigator will put his/her findings in writing after           concluding the investigation.

6.  The investigator will communicate his/her finding to the complainant and the alleged harasser as expeditiously as possible. Appropriate discipline may be imposed.

7.  Results may sustain the complaint, not sustain the complaint or be indeterminate. If indeterminate, the matter will be recorded as unresolved.

8. A written record of the investigation will be maintained by the school district separate and apart from any student or personnel file.

9.  If dissatisfied with the district’s decision, the complainant may seek assistance through local resources, i.e., Legal Aid Society of the West End, Inland Counties Legal Services or Tel-Law General information. If unable to resolve the dispute via local remedies, the complainant may appeal in writing to the California Department of Education within 15 days of receiving the district’s decision. Other resources available include the Office of Civil Rights and the American Civil Liberties Union.

If you have any questions about Upland Unified’s policy against sexual harassment or the procedure for filing complaints, please contact:

Assistant Superintendent Human Resources, Upland Unified School District, phone: (909) 985-1864

 

Williams Criteria Legislation

Policies and procedures regarding deficiencies related to instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of students or staff, and teacher vacancy or misassignment will be addressed through Uniform Complaint Procedures process to identify and resolve complaints per the Williams Criteria Legislation. (Education Code 35186)

 

Uniform Complaint Procedures

The Governing Board recognizes that the district has primary responsibility for ensur- ing compliance with state and federal laws and regulations governing educational programs. The district shall investigate and seek to resolve complaints at the local level. The district shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination based on religion, age, gender, color, sex, sexual orientation, ethnic group identification, race, ancestry, national origin, or physical or mental disability in any program or activity that receives or benefits from state financial assistance. The district shall also follow uniform complaint procedures when addressing complaints alleging failure to comply with state or federal laws including adult basic education, consolidated categorical aid programs, vocational education, child care and development programs, child nutrition programs and special education programs.

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

Upon receipt of a written complaint from an individual, public agency or orga- nization, uniform complaint procedures shall be initiated. The Superintendent or designee shall distribute full information about these procedures.

 

The Board prohibits retaliation in any form for the filing of a complaint, the reporting of instances of discrimination, or for participation in complaint procedures. Such participation shall not in any way affect the status, grades, or work assignments of the complainant.

The Board acknowledges and respects student and employee rights to privacy. Discrimination complaints shall be investigated in a manner  that protects the confidentiality of the parties and the facts. This includes keeping the identity of the complainant confidential except to the extent necessary to carry out the investigation or proceedings, as determined by the Superintendent or designee on a case-by-case basis.

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.

 

Compliance Officer

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

Assistant Superintendent of Human Resources

390 N. Euclid Avenue Upland, California 91786

(909) 985-1864

The Superintendent or designee shall annually notify in writing, as applicable, its students, employees, parents or guardians of its students, the district advisory committee, school advisory committees, and other interested parties of their local educational agency complaint procedures, including the opportunity to appeal to the California Department of Education. The notice shall include the identity (identities) of the person(s) responsible for processing complaints. The notice shall also advise the recipient of the notice of any civil law remedies that may be available, and of the appeal and review procedures. This notice  shall be in English, and when necessary, in the primary language or mode of communication of the recipient of the notice.

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 Compliance Officer shall maintain a record of each complaint and subsequent related actions, including:

a) The original complaint;

b) A copy of the district decision;

c) A summary of the nature and extent of the investigation conducted by the district if not covered in the district decision;

d) A report of any action taken to resolve the complaint;

e) A copy of the district complaint procedures; and f) Such other relevant information.

The district will use its uniform complaint procedures when addressing all complaints regarding  sex equity.

 

Investigations of discrimination complaints shall be conducted in a manner that protects confidentiality of the parties and the facts.

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.

 

Step 1: Filing of Complaint

Any individual, public agency or organization may file a written complaint of alleged noncompliance.

The complaint shall be presented to the Superintendent or designee, who will then give it to the appropriate compliance officer. The Superintendent or designee will 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 handicaps, district staff shall help him/her to file the complaint.

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.

 

Step 2: Investigation of Complaint

The compliance officer shall hold an investigative meeting within five days of receiving 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.

To ensure that all pertinent facts are made available, the compliance officer and the complainant may ask other individuals to attend this meeting and provide additional information.

 

Step 3: Response

Within 30 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. 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 Governing 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.

 

Step 4: Final Written Decision

The report of the district’s decision shall be written in English and in the language of the complainant whenever feasible or required by law. If it is not feasible to write this report in the complainant’s primary language, the district will arrange a meeting at which a community  member will interpret it for the complainant.

This report shall include:

 

1.  The findings and disposition of the complaint, including corrective actions, if any.

    2.  The rationale for the above disposition.

 3.  Notice of the complainant’s right to appeal the decision to the California Department of Education, and procedures to be followed for initiating such an appeal.

 4.  A detailed statement of all specific issues that were brought up during the investigation and the extent to which these issues were resolved.

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 seek assistance through resources, i.e., Legal Aid Society of the West End, Inland Counties Legal Services or Tel-Law General information. If unable to resolve the dispute via local remedies, the complainant may appeal in writing to the California Department of Education within 15 days of receiving the district’s decision. Other resources available include the Office of Civil Rights and the American Civil Liberties Union.

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.