ANNUAL NOTIFICATION OF THE UNIFORM COMPLAINT PROCEDURES (UCP)

  • This information is for students, employees, parents or guardians of its students, school and district advisory committees, appropriate private school officials or representatives, and other interested parties
     
    The Pittsburg Unified School District has the primary responsibility to insure compliance with applicable state and federal laws and regulations and has established procedures to address allegations of unlawful discrimination and complaints alleging violation of state or federal laws governing educational programs.
     
    The Pittsburg Unified School District shall investigate and seek to resolve complaints using policies and procedures known as the Uniform Complaint Procedures (UCP) adopted by our local board. Unlawful discrimination, harassment, intimidation, or bullying complaints may be based on actual or perceived age, ancestry, color, ethnic group identification, gender expression, gender identity, gender, mental or physical disability, nationality, national origin, race or ethnicity, religion, sex, sexual orientation, or on a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity that receives or benefits from state financial assistance.  The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in Adult Education, Consolidated Categorical Aid Programs, Migrant Education, Career Technical And Technical Education And Training Programs, Child Care And Developmental Programs, Child Nutrition Programs, Special Education Programs, and Safety Planning Requirements. The UCP process will also be used when addressing complaints alleging failure to comply with the prohibition against requiring students to pay fees or other charges for participation in educational activities.
     
    Complaints must be filed in writing with the following compliance officer:
     
    Name and/or Title of Compliance Officer:  
    Anthony Molina, Assistant Superintendent, Educational Services 
     
    Address:  
    2000 Railroad Avenue, Suite I, Pittsburg, CA 94565                                             
     
    Telephone Number: 
    (925) 473-2312                                                                                       
     
    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.
     
    Complaints will be investigated and a written decision or report will be sent to the complainant within sixty (60) calendar days from the receipt of the complaint. This sixty (60) calendar day time period may be extended by written agreement of the complainant. The district person responsible for investigating the complaint shall conduct and complete the investigation in accordance with sections 4680-4687 and in accordance with local procedures adopted undersection 4621. 
     
    The complainant has a right to appeal the district’s decision to the California Department of Education (CDE) by filing a written appeal within 15 calendar days of receiving the district’s decision. The appeal must include a copy of the complaint filed with the district and a copy of their decision.
     
    Civil law remedies may be available under state or federal discrimination, harassment, intimidation, or bullying laws, if applicable. In appropriate cases, an appeal may be filed pursuant to Education Code Section 262.3. A complainant may pursue available civil law remedies outside of the district’s complaint procedures. Complainants may seek assistance from mediation centers or public/private interest attorneys. Civil law remedies that may be imposed by a court include, but are not limited to, injunctions and restraining orders.
     
    A copy of the Pittsburg Unified School District’s UCP policy and complaint procedures shall be available free of charge.
     
    Investigation of Uniform Complaints, Including Complaints Alleging Unlawful Discrimination

    Pittsburg Unified School District will immediately undertake an effective, thorough, and objective investigation of the allegations in a Uniform Complaint, which will include an opportunity for the complainant, or complainant’s representative, or both, to present the complaint(s) and evidence or information leading to evidence to support the allegations of non-compliance with state and federal laws and/or regulations. Following the completion of the investigation, the District will issue a written decision to the complainant within 60 calendar days from the date of receipt of the complaint. The decision will include findings of fact based on the evidence gathered, conclusions of law, a decision on the complaint, reasons for the decision, and any corrective actions that have or will be taken if warranted, including remedies for the victim. The decision will also include notice of the complainant’s right to appeal the District’s decision to the California Department of Education (“CDE”), and procedures to be followed for initiating an appeal to the CDE.


    Action

    If the District determines that applicable laws and/or District policies prohibiting discrimination, harassment, or bullying have been violated, disciplinary action, up to and including expulsion or dismissal will be taken. Remedies will also be provided to the victim and remedial action(s) that are designed to end the harassment, address its effects, and prevent its recurrence will be required of the school site.

    Follow-up with the complainant will occur to ensure the harassment has stopped and that the complainant is not subject to retaliation.

    The district prohibits retaliation against any participant in the complaint process including witnesses. A separate Uniform Complaint may be filed if retaliation occurs against any individual involved in the processing of discrimination, harassment, or bullying complaint. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned.


    Pursuing Complaints with the California Department of Education or the United States Department of Education

    A complainant may appeal the District’s written decision regarding a Uniform Complaint to the CDE by filing a written appeal within fifteen calendar days of receiving the decision. More information regarding how a complainant may appeal the District’s decision on a uniform complaint is accessible via the CDE’s Uniform Complaint Procedures Website.

    For complaints alleging unlawful discrimination in violation of federal civil rights laws that prohibit discrimination in programs and activities that receive federal financial assistance, including Title IX, individuals may file such complaints directly through OCR by following OCR’s complaint procedures, which are accessible via OCR’s website.

    For more information regarding how to file a complaint alleging unlawful discrimination, individuals may contact the OCR Office for California, or OCR National Headquarters.

    OCR Office for California:

    San Francisco Office
    Office for Civil Rights
    U.S. Department of Education
    50 United Nations Plaza
    Mail Box 1200, Room 1545
    San Francisco, CA 94102

    Telephone: 415-486-5555
    FAX: 415-486-5570; TDD: 800-877-8339
    Email: ocr.sanfrancisco@ed.gov

    OCR National Headquarters:

    U.S. Department of Education
    Office for Civil Rights
    Lyndon Baines Johnson Department of Education Bldg
    400 Maryland Avenue, SW
    Washington, DC 20202-1100

    Telephone: 800-421-3481
    FAX: 202-453-6012; TDD: 800-877-8339
    Email: OCR@ed.gov