Complaint Procedures

'Board' Role in Complaints

The Public Comment Session is intended to give information to the Board to assist them in making decisions within their role of approving policy, long range plans, budgets and contracts, and program adoptions. However, the Public Comment Session is not a forum to complain about employees or procedures. Complaints are best brought to appropriate staff. Board Policy 9323 states, "No oral presentation shall include charges or complaints against any employee of the Board, including the Superintendent, regardless of whether the employee is identified by name or by another reference which tends to identify. California law requires that all charges or complaints against employees be addressed in closed session unless the employee requests a public hearing. All such charges or complaints therefore must be submitted to the Board under the provisions of Board policy."

The Board employs and delegates the responsibilities to administer programs which includes dealing with complaints in a appropriate manner. Our staff have the expert knowledge and skills to manage their areas of expertise. The Board only deals with complaints as a final appeal when all other procedures have failed to resolve a problem and a formal written appeal has been made to the Board. Otherwise, all complaints are handled by those supervisors and administrators in charge of the appropriate program. Premature intervention by the Board or Superintendent can actually confuse or delay the process. The following procedures, regulations and policies have been designed and adopted by the Board to help you resolve almost every issue.

Informal Complaints

The quickest and best way to resolve a problem is to report it to the individual who either caused and/or who will be the one to actually fix the situation. They have the most knowledge of the situation and can either explain the issues and/or correct a problem the quickest. When this is not appropriate or available or the resolution is not satisfactory, you may appeal the problem to the next higher supervisor or principal. The following people will handle complaints and appeals.

Formal Complaints Alleging Violation of Federal or State Laws

In Administrative Regulation 1312.3, the Governing Board designates the following compliance officers to receive and investigate complaints and ensure district compliance with law: Mr. James Fontana, Assistant Superintendent. The following is a summary of the steps in the formal complaint process. You may get a copy of the full regulation at the District Office.

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 in compliance with the Code of Regulations, Title 5, Section 4630.

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.

Filing of Complaint: Any individual, public agency or organization may file a written complaint of alleged noncompliance or unlawful discrimination 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. The complaint shall be presented to the Superintendent who shall then give it to the appropriate District Compliance Officer.

Within three days of receiving the complaint, the District Compliance shall contact the complainant to investigate the allegation and seek a resolution to the issue if possible. He may discuss the possibility of using mediation. If the complainant agrees to mediation, the compliance officer shall make all arrangements for this process. If the mediation process does not resolve the problem within the parameters of law, the compliance officer shall proceed with his/her investigation of the complaint.

Investigation of Complaint: The District Compliance Officer shall hold an investigative meeting within five days of receiving the complaint or an unsuccessful attempt to mediate 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.

District Response: Within 30 days of receiving the complaint, the District 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 decision, he/she may, within five days, file his/her complaint in writing with the Board. The Board may consider the matter at a Board Meeting within 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.

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. This report shall include (1) the findings and disposition of the complaint; (2) the rationale; (3) a notice of procedures for appeal to the California Department of Education; and (4) a detailed statement of all specific issues.

Appeals to the California Department of Education: If dissatisfied with the district's decision, the complainant may appeal in writing to the California Department of Education within 15 days of receiving the district's decision. The appeal must include a copy of the original complaint and the district's response.

(8/3/99)