TITLE IX: WHAT HAPPENS WHEN THE COMPLAINT IS COMPLETE?

  • Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is one, a written report within sixty (60) calendar days of the district’s receipt of the complaint.  (5 CCR 4631)

    For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:

    1. Notice of the complainant’s and respondent’s right to appeal the district’s decision to the CDE within fifteen (15) calendar days, and procedures to be followed for initiating such an appeal

    For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:

    1. He/she may pursue available civil law remedies outside of the district’s complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) calendar days after the filing of an appeal with the CDE. (Education Code 262.3)
    2. The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code 262.3)
    3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.

    If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.

    For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures:

    http://www.cde.ca.gov/re/cp/uc/index.asp.

    Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within one hundred eighty (180) days of the alleged discrimination. For contact information, see the section above on “How do I file a complaint of sex discrimination?” For more information, visit:

    http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.