UNIFORM COMPLAINT PROCEDURE
The Governing Board recognizes that the district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages the early resolution of complaints whenever possible. To resolve complaints which may require a more formal process, the Board adopts the uniform system of complaint processes specified in 5 CCR 4600-4670 and the accompanying administrative regulation.
A Uniform Complaint alleges a violation of federal or state laws governing educational programs, including allegations of unlawful discrimination, harassment, intimidation, bullying, and failure to comply with laws relating to pupil fees.
WHO ARE THE UNIFORM COMPLAINT COMPLIANCE OFFICERS AND HOW DO I FILE A UNIFORM COMPLAINT?
A student, parent, guardian, employee, individual or organization may file a written complaint under the District’s Uniform Complaint Procedure by sending a complaint to one of the compliance officers below. The Uniform Complaint form linked here may be used.
Darlene Avalos
Senior Director, Human Resources
San Rafael City Schools
310 Nova Albion Way
San Rafael, CA 94903
415-492-3207
davalos@srcs.org
Susan Akram
Director, Student Services
San Rafael City Schools
310 Nova Albion Way
San Rafael, CA 94903
415-492-3528
sakram@srcs.org
The Uniform Complaint Procedure is available here: BP AR E(1) E(2)
If you need assistance putting your complaint in writing, please contact the Superintendent’s Office at communications@srcs.org. You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information.
For information about how to file other types of complaints and the procedures for those complaints, please contact the District Office at (415) 492-3233.
HOW WILL A COMPLAINT BE INVESTIGATED?
Complaints filed under the District’s Uniform Complaint Procedure will be investigated and a decision made within sixty 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 office 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 periodically will inform the parties of the status of the investigation. The complainant will be notified when a decision is made.
Complaints that are not filed under the District’s Uniform Complaint Procedures will be investigated and decided pursuant to the applicable procedure.
WHAT HAPPENS WHEN THE INVESTIGATION IS COMPLETE?
For complaints filed under the Uniform Complaint Procedures, the compliance officer will prepare and send a final written decision to the complainant and respondent, if any, within sixty calendar days of the District’s receipt of the complainant (unless this deadline is extended by mutual agreement).
If the complainant or respondent is not satisfied with the decision, either the complainant or respondent may, within five business days, file the complaint in writing with the 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. When required by law, the matter shall be considered in closed session. The Board may decide not to hear the complaint, in which case the compliance officer's decision shall be final.
The complainant or respondent may appeal the District’s decision within fifteen calendar days to the California Department of Education. 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 original complaint to the District and a copy of the District’s decision. For more information, visit the California Department of Education’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, sixty calendar days after filing an appeal with the California Department of Education. (California Education Code § 262.3). Note that this sixty day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (California Education Code §262.3).
Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within 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.
If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.
BULLYING PREVENTION
San Rafael City Schools recognizes the harmful effects of bullying on student learning and school attendance and desires to provide safe school environments that protect students from physical and emotional harm. Student safety is a high priority and bullying of any student is not tolerated.
This would encompass discrimination, harassment, intimidation or bullying related to 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 (5 CCR 4610).
Below is the San Rafael City Schools’ Bullying Prevention Board Policy. To file a formal complaint, please follow the attached Uniform Complaint Procedures as outlined in the attached document.
HOW DO I GET MORE INFORMATION ABOUT UNIFORM COMPLAINTS?
For more information regarding Uniform Complaints, please contact the District’s Title IX Coordinator, Susan Akram, at 415-492-3528 or sakram@srcs.org.
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