Nondiscrimination, Title IX and Uniform Complaint

Nondiscrimination, Title IX, and Uniform Complaint


The Riverside Unified School District (RUSD) is committed to ensuring equal, fair, and meaningful access to employment and education services. RUSD prohibits discrimination, intimidation, harassment (including sexual harassment) or bullying in any employment practice, education program, or educational activity based on a person’s actual or perceived ancestry, color, disability, gender, gender identity, gender expression, immigration status, nationality, national origin, race or ethnicity, ethnic group identification, religion, sex, sexual orientation, age, marital status, pregnancy, parental status, or association with a person or a group with one or more of these actual or perceived characteristics or any other basis prohibited by California state and federal nondiscrimination laws respectively. Not all basis of discrimination will apply to both education services and employment.

For questions or complaints, contact Equity Compliance Officer: Raúl Ayala, Director of Pupil Services, 5700 Arlington Avenue Riverside, CA 92504, (951) 352-1200 ex. 83030, [email protected] and/or David Marshall, Resolution Officer, 3380 14th Street Riverside, CA 92501, (951)788-7135 ex. 80426, [email protected], Title IX Coordinator: Bethany Scott, Coordinator of Title IX and Compliance, 3380 14th Street Riverside, CA 92501, (951)788-7135 ex. 80135, [email protected], Section 504 Coordinator: Gerardo Arenas, Administrator - Program Coordinator, Pupil Services, 5700 Arlington Ave. Riverside, CA, (951) 352-1200 ex. 83301, [email protected], Title II: Haley Calhoun, SELPA Director, 5700 Arlington Ave. Riverside, CA 92504, (951) 352-1200 ex. 83503, [email protected], and CCR Title 5: Mr. Timothy Walker, Deputy Superintendent, Pupil Services & SELPA, 5700 Arlington Ave Riverside, CA 92504, (951) 352-1200 ex. 83501, [email protected].

The following information, including links to applicable Board-adopted policies, specifically provides students and parents/guardians with the state and local resources that help with the identification and prevention of bullying and harassment at school and beyond the school setting.

Student Conduct


Each school site and each classroom teacher has established behavior expectations for their students that are consistent with Board policy and applicable state and federal laws. It is the responsibility of the teachers and administrators to see that rules are carried out in a fair and reasonable manner. Every teacher, administrator and other designated employee will hold students to a strict account for their conduct on the way to and from school, in the classroom and other school buildings, on school grounds, and on the school bus. Students must conform to school regulations, obey all directions, be diligent in study and respectful to teachers and others in authority, and refrain from the use of profane and vulgar language.

Bullying and Cyberbullying


Each school site and each classroom teacher has established behavior expectations for their students that are consistent with Board policy and applicable state and federal laws. It is the responsibility of the teachers and administrators to see that rules are carried out in a fair and reasonable manner. Every teacher, administrator and other designated employee will hold students to a strict account for their conduct on the way to and from school, in the classroom and other school buildings, on school grounds, and on the school bus. Students must conform to school regulations, obey all directions, be diligent in study and respectful to teachers and others in authority, and refrain from the use of profane and vulgar language.

The District recognizes the harmful effects of bullying on student well-being, student learning, and school attendance and desires to provide a safe school environment that protects students from physical and emotional harm. Accordingly, bullying is prohibited at any location, whether on or off campus, that affects students or school activity under the jurisdiction of the RUSD. Any student, parent/ guardian, or other individual who believes that a student has been subjected to bullying or who has witnessed bullying are strongly encouraged to report the incident to a teacher, the principal, a compliance officer, or any other available school employee.

Anti-cyberbullying Procedures

Cyberbullying includes the electronic creation or transmission of harassing communications, direct threats, or other harmful texts, sounds, or images. Cyberbullying also includes breaking into another person’s electronic account or assuming that person’s online identity in order to damage that person’s reputation. Specific examples of the types of conduct that may constitute cyberbullying include sending demeaning or hateful text messages or emails, spreading rumors by email or by posting on social networking sites, websites, or posting or sharing embarrassing photos, videos, or fake profiles.

As appropriate, students will be provided with instruction, in the classroom or other educational settings, that promotes social-emotional learning, effective communication and conflict resolution skills, character development, respect for cultural and individual differences, self-esteem development, assertiveness skills, and appropriate online behavior. Students are taught the difference between appropriate and inappropriate behaviors, how to advocate for themselves, how to help another student who is being bullied/cyber bullied, and when to seek assistance from a trusted adult.

To discourage cyberbullying, teachers may advise students to be cautious about sharing passwords, personal data, or private photos online and to consider the consequences of making negative comments about others online. When cyberbullying occurs, individuals with information about the activity will be encouraged to save and print any electronic or digital messages sent to them that they feel constitute cyberbullying and to notify staff of the same.

Social Media Bullying

Cyberbullying can occur online in social media, forums, or gaming where people can view, participate in, or share content. The following links provide tips and resources for students and parents to prevent from being a target of, or participating in, cyberbullying.

Common Sense Media
https://www.commonsensemedia.org/

StopBullying.gov
Digital Awareness for Parents
Social Media and Apps
Cyberbullying and Online Gaming

Resources

California Department of Education Bullying Prevention Training & Resources
https://www.cde.ca.gov/ls/ss/se/bullyres.asp

California State PTA Bullying Prevention
https://capta.org/focus-areas/community-concerns/bullying-prevention/

Grounds for Suspension or Expulsion

Students may only be suspended or expelled for an act of bullying if the act meets the definition under Education Code (EC) 48900(r). “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a student or group of students as defined in EC 48900.2 (sexual harassment), 48900.3 (hate violence), or 48900.4 (harassment, threats, or intimidation), directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following:

  1. Placing a reasonable student in fear of harm to the student’s person or property.
  2. Causing a reasonable student to experience a substantially detrimental effect on the student’s physical or mental health.
  3. Causing a reasonable student to experience substantial interference with the student’s academic performance.
  4. Causing a reasonable student to experience substantial interference with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

Hate Motivated Behavior


The District is committed to providing a respectful, inclusive, and safe learning environment that protects students from discrimination, harassment, intimidation, bullying, or any other type of behavior that is motivated by hate.

What is hate-motivated behavior?

Hate-motivated behavior is any behavior intended to cause emotional suffering, physical injury, or property damage through intimidation, harassment, bigoted slurs or epithets, force or threat of force, or vandalism motivated in part or in whole by bias or hostility toward the victim's real or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55.

How do schools prevent and respond to hate-motivated behaviors?

The District collaborates with regional programs and community organizations to promote an environment where diversity is celebrated, and hate-motivated behavior is not tolerated. Such collaborative efforts focus on the development of effective prevention strategies and response plans, provision of assistance to students affected by hate-motivated behavior, and/or education of students who have perpetrated hate-motivated acts.

Students are provided with age-appropriate instruction that:

  1. Includes the development of social-emotional learning.
  2. Promotes an understanding, awareness, appreciation, and respect for human rights, human relations, diversity, and acceptance in a multicultural society.
  3. Explains the harm and dangers of explicit and implicit biases.
  4. Discourages discriminatory attitudes and practices.
  5. Provides strategies to manage conflicts constructively.

As necessary, the District will provide counseling, guidance, and support to students who are victims of hate-motivated behavior and to students who exhibit such behavior. When appropriate, students who engage in hate-motivated behavior will be disciplined.

How is a complaint filed?

A student or parent/guardian who believes the student is a victim of hate-motivated behavior is encouraged to report the incident to a teacher, the principal, the District’s equity compliance officer, or other staff member. Any staff member who is notified that hate-motivated behavior has occurred, observes such behavior, or otherwise becomes aware of an incident will immediately contact the compliance officer responsible for coordinating the District’s response to complaints and complying with state and federal civil rights laws. As appropriate, the staff member will also contact law enforcement.

How are complaints investigated?

Any complaint of hate-motivated behavior will be investigated and, if determined to be discriminatory, will be resolved in accordance with law and the District’s uniform complaint procedures specified in AR 1312.3 – Uniform Complaint Procedures or other applicable procedure. If, during the investigation, it is determined that a complaint is about nondiscriminatory behavior, the principal or designee will inform the complainant and take all necessary actions to resolve the complaint.

Gender Equity in Education & Title IX


What is Title IX?

Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation.

The essence of Title IX is to ensure that students (as well as other persons) are not excluded, separated, denied benefits to, subjected to harassment or discrimination, or otherwise treated differently on the basis of sex (unless expressly authorized to do so under state or federal law) in areas including, but not limited to: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment.

What are the rights of students under Title IX?

Under Title IX, students have the right to:

  1. Fair and equitable treatment and not be discriminated against based on their sex.
  2. Be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
  3. Inquire of the school’s athletic director as to the athletic opportunities offered by the school.
  4. Apply for athletic scholarships.
  5. Receive equitable treatment and benefits in the provision of all of the following: equipment and supplies; scheduling of games and practices; transportation and daily allowances; access to tutoring; coaching; locker rooms; practice and competitive facilities; medical and training facilities and services; and publicity.
  6. Have access to a gender equity coordinator to answer questions regarding gender equity laws.
  7. Contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
  8. File a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if they believe they have been discriminated against or if they believe they have received unequal treatment on the basis of sex.
  9. Pursue civil remedies if they have been discriminated against.
  10. Be protected against retaliation if they file a discrimination complaint.

How is a complaint filed?

Anyone who believes they have been subjected to unlawful discrimination, including discriminatory harassment, intimidation, and bullying because of sex, sexual orientation, gender identity, or gender expression, may file a complaint under the District’s Uniform Complaint Procedures. For more information, contact the school site principal, the District’s Equity Compliance Officer, and/or the District's Title IX Coordinator:

David Marshall
David Marshall
Resolution Officer

3380 14th Street
Riverside, CA 92501
(951) 788-7135
[email protected]

David Marshall
Raúl Ayala
Director of Pupil Services

5700 Arlington Avenue
Riverside, CA 92504
(951) 352-1200
[email protected]

David Marshall
Bethany Scott
Coordinator - Title IX and Compliance

3380 14th St, Riverside
Riverside, CA 92501
(951) 788-7135
[email protected]

What is the statute of limitations within which a complaint must be filed?

A complaint alleging unlawful discrimination or retaliation must be filed no later than six months from the date the discrimination or retaliation occurred, or six months from when the complainant first learned of the unlawful discrimination. The Superintendent or designee may extend this timeline by up to ninety days for good cause, upon a written request by the complainant setting forth the reasons for the extension.

How are complaints investigated?

Complaints filed under the District’s Uniform Complaint Procedure will be investigated and a decision will be made within 60 calendar days of the District’s receipt unless the complainant agrees to an extension. The District’s compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses. The compliance officer may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred. As appropriate, the District’s compliance officer will periodically inform the parties of the status of the investigation.

Complaints that are not filed under the District’s Uniform Complaint Procedure will be investigated and a decision will be made pursuant to the applicable procedure.

What happens when the investigation is complete?

For complaints filed under the District’s Uniform Complaint Procedure, the compliance officer will prepare and send an investigation report to the complainant, if any, within 60 calendar days of the District’s receipt of the complaint (unless this deadline is extended by mutual agreement).

If there is a disagreement with the District’s decision, what are the next steps?

The complainant or respondent may appeal the District’s decision within 30 calendar days to the California Department of Education (CDE). The appeal must specify the reason for the appeal and whether the District’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the originally filed complaint and a copy of the District’s investigation report. For more information, visit the CDE’s webpage on Uniform Complaint Procedures.

For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers or public/private interest attorneys, 60 calendar days after filing an appeal with the CDE. Note that this 60-day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law.

Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within 180 days of the alleged discrimination. Visit the Office for Civil Rights webpage for more information on how to file a complaint.

Sexual Harrasment & Title IX


Sexual harassment of students at school or at school-sponsored or school-related activities is prohibited. Retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a complainant in alleging sexual harassment is also prohibited.

To review the District’s policy on sexual harassment pertaining to students, and the complaint procedures under Title IX, please click the applicable link below.

What is the definition of sexual harassment under state law?

Sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions:

  1. Submission to conduct is explicitly or implicitly made a term or condition of a student’s academic status or progress.
  2. Submission to or rejection of conduct by a student is used as the basis for academic decisions affecting the student.
  3. The conduct has the purpose or effect of having a negative impact on the student’s academic performance or of creating an intimidating, hostile, or offensive educational environment.
  4. Submission to or rejection of conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any district program or activity.

What is the definition of sexual harassment under Title IX?

Sexual harassment is defined as any of the following forms of conduct that occurs in an education program or activity in which a district school exercises substantial control over the context and respondent:

  1. A district employee conditioning the provision of a district aid, benefit, or service on the student’s participation in unwelcome sexual conduct.
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a student equal access to the district’s education program or activity.
  3. Sexual assault, dating violence, domestic violence, or stalking.

What are examples of sexual harassment?

  • Unwelcome leering, sexual flirtations, or propositions.
  • Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions.
  • Graphic verbal comments about an individual’s body or overly personal conversation.
  • Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature.
  • Spreading sexual rumors.
  • Teasing or sexual remarks about students enrolled in a predominantly single-sex class.
  • Massaging, grabbing, fondling, stroking, or brushing the body.
  • Touching an individual’s body or clothes in a sexual way.
  • Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex.
  • Displaying sexually suggestive objects.
  • Sexual assault, sexual battery, or sexual coercion.
  • Electronic communications containing comments, words, or images described above.

How is a complaint filed?

Students who feel that they are being or have been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student, an employee, or a third party or who have experienced off-campus sexual harassment that has a continuing effect on campus are strongly encouraged to report the incident to their teacher, the principal, the District’s Title IX Coordinator, or any other available school employee. Any employee who receives a report or observes an incident of sexual harassment must notify the Title IX Coordinator within one school day. The report must be made whether the alleged victim files a formal complaint or requests confidentiality.

How are complaints investigated?

Once notified, the Title IX Coordinator will determine whether the complaint or allegation is to be addressed through AR 5145.71 – Title IX Sexual Harassment Complaint Procedures or BP/AR 1323.3 – Uniform Complaint Procedures. Because a complaint or allegation that is dismissed or denied under the Title IX complaint procedure may still be subject to consideration under state law, the Title IX Coordinator will ensure that any implementation of AR 5145.71 concurrently meets the requirements of BP/AR 1312.3. The Title IX Coordinator will offer supportive measures to the complainant and respondent, as deemed appropriate under the circumstances.

What happens when the investigation is complete?

If, upon the conclusion of an investigation, sexual harassment is determined to have occurred, the Title IX Coordinator, or designee in consultation with the Coordinator, will take prompt action to stop the sexual harassment, prevent recurrence, implement remedies, and address any continuing effects.

A complainant may also further pursue the complaint by filing that complaint with the U.S. Department of Education Office of Civil Rights. (See the section on Resources below, for more information)

Who is the Title IX Coordinator?

The District has designated the following individual to coordinate its efforts to comply with Title IX, as well as to oversee, investigate, and/or resolve sexual harassment complaints:

David Marshall
Bethany Scott
Coordinator - Title IX and Compliance

3380 14th St, Riverside
Riverside, CA 92501
(951) 788-7135
[email protected]

Resources

California Department of Education, Gender Equity/Title IX
https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp

U.S. Department of Education, Office of Civil Rights, Title IX
https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html

Riverside Unified Title IX Compliance Training
https://www.mcgrathtraining.com/mcgrath-response-syetem-training-materials

U.S. Department of Education, Office of Civil Rights, Filing a Complaint
https://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt

San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
Mailbox 1200, Room 1545
San Francisco, CA 94102
Telephone: 415-486-5555
FAX: 415-486-5570; TDD: 800-877-8339
Email: [email protected]

Suicide Prevention


According to the Centers for Disease Control and Prevention (CDC), suicide is a leading cause of death among young people. Suicide is a serious public health problem that can have lasting harmful effects on individuals, families, and communities. To attempt to reduce suicidal behavior and its impact on students and families, the District has adopted a suicide prevention policy outlining measures and strategies for suicide prevention, intervention, and postvention for students in kindergarten through grade 12.

Suicide Prevention – BP 5141.52 | AR 5141.52

How to get help?

If you or someone you know is experiencing mental health-related distress or are worried about someone who may need crisis support, call or text 988 or visit the 988 Suicide and Crisis Lifeline for more information at 988lifeline.org.

How can students access mental health services at school and in the community?

Student Assistance Program

RUSD’s Student Assistance Program (SAP) supports students’ social, emotional, and behavioral needs by providing individualized school-based services. Students are identified and referred for assessment and intervention. SAP team members work with school staff, students, and families to identify the most appropriate intervention which may include SAP services and/or referrals to other school-based services and community providers.

SAP Counseling Services

The SAP Counselors are licensed clinicians, and each school has an assigned SAP Counselor. Students are referred by staff, parents, or other concerned parties. Students may also self-refer. Referrals can be obtained at schools and on schools’ websites. Once the referral is received, the SAP Counselor will contact the caregiver to schedule a Family Interview. In some cases, minors over 12 may consent to working with their school’s SAP Counselor.

Care Solace

Care Solace is an online resource meant to assist individuals in finding local counseling-related services. To use Care Solace, individuals answer ten basic questions in order to receive an extensive list of referrals to applicable care providers. Care Solace takes into account all types of private insurance, as well as Medi-Cal, Medicaid, and Medicare when generating its list of referrals. If uninsured, Care Solace will also identify nearby care providers that allow individuals to pay out-of-pocket for services.

Care Solace is available for use by District students, staff, and families at no cost. Please note, this service does not replace the District’s existing employee assistance program. Care Solace is an optional resource available by choice and is not mandatory in any way. Care Solace does not require a user’s name, address, phone number, or date of birth.

Individuals interested in seeking counseling-related services at this time may visit:

https://riversideunified.org/cms/One.aspx?portalId=580805&pageId=10861162

or contact Care Solace at [email protected], (888) 515-0595.

What are the warning signs?

Some warning signs exhibited by someone who is at risk for suicide include:

  • Talking about being a burden
  • Being isolated
  • Increased anxiety
  • Talking about feeling trapped or in unbearable pain
  • Increased substance use
  • Looking for a way to access lethal means
  • Increased anger or rage
  • Extreme mood swings
  • Expressing hopelessness
  • Sleeping too little or too much
  • Talking or posting about wanting to die
  • Making plans for suicide

Uniform Complaint Procedures


The Riverside Unified School District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations, including those related to unlawful discrimination, harassment, intimidation, or bullying against any protected group, and all programs and activities that are subject to the Uniform Complaint Procedures (UCP). Additionally, all students enrolled in a public school shall not be required to pay a student fee for participation in an educational activity.

Annual notice of the District’s UCP are provided to students, employees, parents/guardians, school and district advisory committee members, appropriate private school officials or representatives, and other interested parties. The standardized notice, which includes complaint process information, of the educational rights of students in foster care, students who are homeless, former juvenile court students now enrolled in a school district, and students in military families, as specified in EC 48645.7, 48853, 48853.5, 49069.5, 51225.1 and 51225.2 can be accessed by clicking here.

Who are the compliance officers?

The District has designated the individuals identified below as responsible for receiving, coordinating, and investigating complaints and for complying with state and federal civil rights laws. The compliance officers are knowledgeable about the laws and programs that they are assigned to investigate.

David Marshall
David Marshall
Resolution Officer

3380 14th Street
Riverside, CA 92501
(951) 788-7135
[email protected]

David Marshall
Raúl Ayala
Director of Pupil Services

5700 Arlington Avenue
Riverside, CA 92504
(951) 352-1200
[email protected]

What federal and state programs and activities are covered under the UCP?

  1. Accommodations for pregnant and parenting students
  2. Adult Education programs
  3. After School Education and Safety programs
  4. Agricultural career technical education
  5. Career Technical Education, Career Technical and Technical Training programs
  6. Child care and development programs
  7. Compensatory education
  8. Consolidated categorical aid programs
  9. Course periods without educational content
  10. Discrimination, harassment, intimidation, or bullying in district programs and activities, including in those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on a person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on the person's association with a person or group with one or more of these actual or perceived characteristics
  11. Educational and graduation requirements for students in foster care, homeless students, students from military families, and students formerly in a juvenile court school
  12. Every Student Succeeds Act
  13. Local Control and Accountability Plan
  14. Migrant education
  15. Physical education instructional minutes
  16. Reasonable accommodations for a lactating student
  17. Regional occupational centers and programs
  18. School Plans for Student Achievement as required in the consolidated application for specified federal and/or state categorical funding
  19. School safety plans
  20. School Site Councils as required for the Consolidated Application for Specified Federal and/or state categorical funding
  21. State preschool programs
  22. State preschool health and safety issues, in license-exempt programs
  23. Student fees
  24. Any complaint alleging retaliation against a complainant or other participant in the complaint process, or anyone who has acted to uncover or report a violation is subject to this policy
  25. Any other state or federal educational program the Superintendent of Public Instruction or designee deems appropriate

What requirements are specific to California state preschool program?

In order to identify appropriate subjects of state preschool health and safety issues pursuant to Health and Safety Code 1596.7925, a notice is posted in each California state preschool program in the District notifying parents/guardians, students, and teachers of the following:

Health and Safety Requirements

All California state preschool programs that are exempt from licensure must have:

  1. Outdoor shade that is safe and in good repair
  2. Drinking water that is accessible and readily available throughout the day
  3. Safe and sanitary restroom facilities with one toilet and handwashing fixture for every 15 children
  4. Restroom facilities that are available only for preschoolers and kindergartners
  5. Visual supervision of children at all times
  6. Indoor and outdoor space that is properly contained or fenced and provides sufficient space for the number of children using the space at any given time
  7. Playground equipment that is safe, in good repair, and age appropriate

Complaint Form

If any of the conditions listed under “Health and Safety Requirements” are not met, the complaint may be filed under the District’s UCP. (See section below on how to file a complaint.)

What is the statute of limitations within which a complaint can be filed?

Complaints must be submitted in writing no later than one year from the date the alleged violation occurred. However, a complaint alleging unlawful discrimination, harassment, intimidation, or bullying must be filed no later than six months from the date of the alleged conduct or the date the complainant first obtained knowledge of the facts of the alleged conduct.

How is a complaint filed?

A complaint filed regarding any programs and activities subject to the UCP must be submitted in written form, using the UCP Complaint Form. The complaint form and procedures may also be obtained free of charge at the school or district office.

A complaint regarding student fees or the Local Control and Accountability Plan may be filed anonymously if the complainant provides evidence or information leading to evidence to support the complaint.

If there is a disagreement with the District’s decision, what are the next steps?

A complainant may appeal the District’s investigation report to the California Department of Education (CDE) by filing a written appeal within 30 calendar days after receiving the District’s decision. The appeal must be accompanied by a copy of the originally filed complaint and a copy of the investigation report for that complaint.

A complainant may also pursue civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal discrimination, harassment, intimidation, or bullying laws, if applicable.


Important Documents