| Annual Notice to Employees/ Students/ Parents or Guardians/ the District Advisory Committee & School Advisory Committee/ Appropriate Private School Officials or Representatives/ and Other Interested Parties
Any individual, including a person’s duly authorized representative or an interested third party, public agency or organization, may file a written complaint relating to Federal No Child Left Behind Act of 2001; Title I (Basic Programs), Title II (Teacher Quality and Technology), Title III (Limited-English Proficient), Title IV (Safe and Drug Free Schools), Title V (Innovative Strategies); Federal Programs: Adult Education, Career/Technical Education, Child Development, Consolidated Categorical Aid, Indian Education, Nutrition Services, Special Education; State Consolidated Categorical Aid Programs: Economic Impact Aid (SUE), Economic Impact Aid (EIA-LEP), Miller-Unruh Special Reading Program, Peer Assistance and Review, School Improvement Program, School Safety and Violence Prevention, Tenth Grade Counseling, and Tobacco Use Prevention Education; unlawful discrimination because of actual or perceived sex, age, ancestry, color, ethnic group identification, gender (identity or expression), mental and/or physical disability, national origin, race, religion, sexual orientation, and/or a person’s association with a person or group with one or more of these actual or perceived characteristics.
Filing a Complaint Under the Uniform Complaint Procedure
- The complaint must be filed with the District’s Affirmative Action Office not later than six months from the date the alleged violation(s) of federal or state laws or regulations or the date of alleged discrimination or illegal harassment (including sexual harassment) occurred or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination. There are exceptions that may extend the timeliness of filing a complaint. The Affirmative Action Office is responsible for compliance and/or investigations and is knowledgeable about the laws/programs they are assigned to process.
- An investigation of a discrimination complaint (including sexual harassment) will be conducted in a manner that protects the confidentiality of the parties and the facts, as appropriate.
- The investigation of the complaint will be initiated and completed within sixty days from the receipt of the complaint by the Affirmative Action Office. The time period may be extended under certain circumstances. Sexual harassment complaints will be promptly investigated.
- The complainant and/or representative and the respondent will have the opportunity to present evidence or information under state or federal discrimination laws, if applicable.
- The Affirmative Action Office’s determination on the merits of the complaint will be put in writing and issued to the complainant.
- The complainant has the right to appeal and/or review the Affirmative Action Office’s decision through the appeal process. Any complainant may appeal the District’s decision to the Superintendent of Public Instruction, State Department of Education, within fifteen (15) days of receiving the District’s decision.
- Nothing in the District’s complaint procedure will preclude the complainant from pursuing other available civil remedies. The Affirmative Action Office has information available on local civil remedies, and the time line for seeking legal remedies in discrimination complaints under state or federal discrimination laws, if applicable.
- The District prohibits retaliation in any form for the filing of a complaint, the reporting of instances of discrimination (including reporting sexual harassment), or for participation in any part of the complaint procedures.
- If you are alleging that you are a victim of discrimination, pursuant to Section 262.3 of the General Education Code Provisions, you may not seek civil remedies until at least 60 days have elapsed from the filing of an appeal to the State Department of Education.
For further information on any part of the complaint procedures, including filing a complaint or requesting a copy of the District’s complaint procedures free of charge, please contact the Affirmative Action Office, San Bernardino City Unified School District, 777 North F Street, San Bernardino, California 92410, (909) 381-1122.