Complaints must be filed within six (6) months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged sex discrimination, harassment, intimidation, or bullying.
The time for filing may be extended up to ninety (90) days by the Superintendent or the Superintendent’s designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complaint.
Mediation may be offered as a means to resolution no earlier than three (3) business days after a complaint has been filed, but is not available for any incident where an SCUSD employee is accused of harassing a student, any incident involving alleged sexual assault, or if a party feels at reasonable risk.
All complaints shall be appropriately investigated in a timely manner. Written notice of the allegations shall be provided to both parties, and their representatives (if any) upon receipt by the Title IX / Uniform Complaint Procedure Coordinator of a formal Title IX complaint. Within ten (10) business days after the Title IX / Uniform Complaint Procedure Coordinator receives the complaint, the Title IX / Uniform Complaint Procedure Coordinator, or designee, shall begin an investigation into the complaint.
Within one (1) business day of initiating the investigation, the investigation shall include an opportunity for the complainant, or the complainant’s representative, or both, to present the Title IX / Uniform Complaint Procedure Coordinator, or designee, with any evidence, or information leading to evidence, to support the allegations in the complaint. SCUSD must send written notice of any investigative interviews, meetings, or hearings to the party being interviewed (or with whom the meeting is held), and their representatives. In addition, all evidence gathered must be made available for inspection and review by both parties, and their representatives, along with the opportunity to respond to the evidence. At the conclusion of the investigation, SCUSD must send both parties and their representatives the preliminary Investigative Report for a 10-day review and response period, during which time a written response may be submitted to the Title IX / Uniform Complaint Procedure Coordinator.
The Investigative Report is then finalized and submitted to the Decision Maker, who will make a final Decision of Responsibility. The Decision Maker will be a neutral third party, such as legal counsel or a third party consultant. Each party, and their representatives, may submit questions to the Decision Maker, who, in its professional judgment, will determine which questions should be excluded and which should be answered. Finally, the Decision Maker will issue a final written Decision of Responsibility, along with a summary of findings.
The final Decision of Responsibility will be provided to both parties and their representatives within sixty (60) calendar days from receipt of the written complaint by SCUSD. Either party may appeal the Decision of Responsibility within ten (10) days of receipt of the Decision of Responsibility to the appropriate Appeals Officer (either the Director of Student Services, for students, or the Assistant Superintendent of Human Resources, for employees). The Appeals Officer will issue a final Decision on Appeal.
Any party who is dissatisfied with the final Decision on Appeal may file an appeal in writing with the California Department of Education within thirty (30) calendar days of receipt of the final Decision on Appeal.
Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office for Civil Rights, within one hundred eighty (180) calendar days of the date of the alleged discrimination, unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.
