Human Resources » Complaints

Complaints

REPORTING PROCESS

If you find yourself at the point of needing to file a formal complaint, we are here to help.  Our goal is always to ensure that any and all complaints have been initiated for resolution with the school site principal and/or department supervisor as the first step.  Please note: Not all complaint processes below have a specific form for filing a complaint. All Board Policies can be found on erusd.org - Board Policy Link

 

Below is a listing of the District's specific policies and administrative regulations for handling complaints relative to: Anti-bullying, Uniform Complaints, Civility, Complaints Against District Employees, Complaints Concerning Instructional Materials, Sexual Harassment, Hate Motivated Behavior, and Williams Uniform Complaints.  

Title IX Nondiscrimination/Sexual Harassment of Students:

The Governing Board is committed to maintaining an educational environment that is free from harassment and discrimination. The Board prohibits sexual harassment of students by other students, employees, or other persons, at school or at school-sponsored or school-related activities. The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist, or otherwise participate in district complaint processes. 

Link to Title IX website

The District’s Policy on Sexual Harrassment (5131.7) can be accessed on the District’s website - Board Policy Link.

Every student is entitled to a safe school environment free from discrimination, harassment, intimidation, and bullying.  The District’s Policy on Bullying (5131.2) can be accessed on the District’s website - Board Policy Link.  Copies are also available in the school office.

 

The District prohibits bullying.  Bullying is defined in Education Code section 48900(r).  This includes, but is not limited to, discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Penal Code Section 422.55 and Education Code section 220, such as disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.

 

School personnel must immediately intervene if they witness an act of discrimination, harassment, intimidation or bullying, provided it is safe to do so.  Acts of discrimination or bullying should be brought to the attention of the principal. The District also encourages staff, students and parents to use Text-A-Tip 562-551-TIP2 or 562-551-8472 to report crime, depression, bullying, drug use, suspicious activity, fights, etc. Other resources can also be found on the School Police webpage.

 

You may make an anonymous complaint by contacting the principal.  Complaints of bullying or discrimination will be considered confidential. However, it may be necessary to disclose certain information in order to effectively investigate. Students who violate the District’s policies on bullying or discrimination may be subject to discipline, including suspension and expulsion. The District prohibits retaliation against individuals who make complaints of bullying or provide information related to such complaints.   

Hate Motivated Behavior - Students:

The Governing Board affirms the right of every student to be protected from hate-motivated behavior. It is the intent of the Board to promote harmonious relationships that enable students to gain a true understanding of the civil rights and social responsibilities of people in our society. Behavior or statements that degrade an individual on the basis of his/her race, ethnicity, culture, heritage, gender, sexual orientation, physical/mental attributes, religious beliefs or practices shall not be tolerated. The District’s Policy on Hate Motivated Behavior (5145.9) can be accessed on the District’s website - Board Policy Link.

Civility Complaints:

This policy promotes mutual respect, civility, and orderly conduct among members of the school community including all employees, parents/guardians, students, and the public at all schools, district facilities, and at athletic and extracurricular events. This policy is not intended to deprive any person of his/her right to freedom of expression that is protected from governmental restriction on school grounds and district facilities/activities. Uncivil conduct does not include the expression of controversial or differing viewpoints. The District’s Policy on Civility (1311) can be accessed on the District’s website - Board Policy Link.

 

Uniform Complaint Procedures:

The district shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination against any protected group as identified under Education Code 200 and 220 and Government Code 11135, including actual or perceived sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability, or age, bullying or when a charge of an impermissible fee is alleged, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics in any district program or activity that receives or benefits from state financial assistance. (5 CCR 4610).   Uniform complaint procedures shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in adult education programs, consolidated categorical aid programs, migrant education, career technical and technical education and career technical and technical training programs, child care and development programs, child nutrition programs, and special education programs. (5 CCR 4610)

 

The El Rancho Unified School District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages the early, informal resolution of complaints whenever possible and appropriate. Board Policy (BP) 1312.3 - Uniform Complaint Procedures (UCP) has been adopted to resolve complaints which cannot be resolved through the informal process. BP 1312.3 outlines how complaints alleging violation of state or federal laws governing educational programs, allegations of unlawful discrimination, harassment, intimidation, and bullying, the charging of unlawful pupil fees and the non-compliance of the Local Control and Accountability Plan (LCAP) are addressed.

 

The El Rancho Unified School District is committed to providing equal opportunity for all individuals.  District programs, activities, practices, and employment shall be free from discrimination, harassment, intimidation, and bullying based on race, color, ancestry, national origin, immigration status, ethnic group identification, age, religion, marital or parental status, pregnancy, physical or mental disability, sex, sexual orientation, gender, or gender identity or expression; the perception of one or more of such characteristics; or association with a person or a group with one or more of these actual or perceived characteristics.

 

The UCP shall be used when addressing complaints alleging failure to comply with state and/or federal laws in:

  • Adult Education
  • After School Education and Safety
  • Career Technical Education
  • Child Care and Development Programs including state preschool 
  • Consolidated Categorical Programs
  • Discrimination, Harassment, Intimidation, and Bullying
  • ESEA Titles I-VII
  • Foster and Homeless Youth
  • Local Control Funding Formula and Local Control Accountability Plans
  • Migrant Education
  • Nutrition Services - USDA Civil Rights
  • Regional Occupational Centers and Programs
  • School Facilities
  • Special Education
  • Tobacco-Use Prevention Education Program
  • Unlawful Pupil Fees
 

Complaints alleging discrimination, harassment, intimidation, or bullying must be filed within six (6) months from the date the alleged discrimination, harassment, intimidation, or bullying occurred, or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying, unless the time for filing is extended by the superintendent or his or her designee. A pupil fee complaint shall be filed no later than one year from the date the alleged violation occurred. The District’s Policy on Uniform Complaint Procedure (1312.3) can be accessed on the District’s website - Board Policy Link.

 

Uniform Complaint Policies/Procedures and Forms:

 

Complaints Concerning Employees:

The Superintendent or designee shall develop regulations that enable the public and other employees to submit complaints against district employees in an appropriate way. These regulations shall ensure a complete process that addresses complaints and protect the rights of involved parties and the district. The Board may serve as an appeals body if the complaint is not resolved. The District’s Policy on Complaints Concerning Employees (1312.1) can be accessed on the District’s website - Board Policy Link.

Complaints Concerning Instructional Materials:

The Governing Board uses a comprehensive process to adopt district instructional materials that is based on selection criteria established by law and Board policy and include opportunities for the involvement of parents/guardians and community members. Complaints concerning the content or use of instructional materials, including textbooks, supplementary instructional materials, library materials, or other instructional materials and equipment, shall be properly and fairly considered using established complaint procedures. The District’s Policy on Complaints Concerning Instructional Materials (1312.2) can be accessed on the District’s website - Board Policy Link.

Williams Uniform Complaints:

The district shall use the following procedures to investigate and resolve complaints when the complainant alleges that any of the following has occurred: (Education Code 35186; 5 CCR 4681, 4682, 4683) 

  1. Textbooks and instructional materials State law requires the following:  There should be sufficient textbooks and instructional materials. Each student, including English learners, must have a textbook or instructional materials, or both, to use in class and to take home.
  2. School facilities must be clean, safe, and maintained in good repair. “Good repair” means that the facility is maintained in a manner that assures that it is clean, safe, and functional as determined by the Office of Public School Construction.
  3. There should be no teacher vacancies or misassignments. “Misassignment” means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. “Teacher Vacancy” means a position to which a single designated certificated employee has not been assigned at the beginning of the school year for the entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of the semester for the entire semester.

The District’s Policy on Williams Uniform Complaint Procedures (1312.4) can be accessed on the District’s website - Board Policy Link.

The El Rancho Unified School District Board of Education is committed to equal opportunity for all individuals in education.  District programs, activities, practices, and employment shall be free from discrimination, harassment, intimidation, and bullying based on race, color, ancestry, national origin, immigration status, ethnic group identification, age, religion, marital or parental status, pregnancy, physical or mental disability, sex, sexual orientation, gender, gender identity or expression or the perception of one or more of such characteristics; or association with a person or a group with one or more of these actual or perceived characteristics. This policy applies to all acts related to school activity or school attendance within a school under the jurisdiction of the Superintendent. Any school employee who witnesses an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall immediately intervene to stop the incident when it is safe to do so.

 

The Board designates the Director of Human Resources as the Compliance Officer designated to receive and investigate complaints and ensure District compliance with state and federal laws and regulations including Title IX. The Compliance Officer may designate another District administrator to investigate complaints.

 

If you have any additional questions regarding the process, please contact Human Resources at 562-801-7340.

 

A copy of Board Policy 0410 – Nondiscrimination in District Programs and Activities is available at www.erusd.org.