The district's uniform complaint procedures (UCP) shall be used to investigate and resolve the following complaints:
- Any complaint alleging district violation of applicable state or federal law or regulations governing adult education programs, consolidated categorical aid programs, migrant education, career technical and technical education and training programs, child care and development programs, child nutrition programs, and special education programs (5 CCR 4610)
- Any complaint alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, in district programs and activities against any person based on his/her actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, 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 his/her association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610)
- Any complaint alleging bullying in district programs and activities, regardless of whether the bullying is based on a person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, 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 his/her association with a person or group with one or more of these actual or perceived characteristics
- Any complaint alleging district violation of the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities (5 CCR 4610)
- Any complaint alleging that the district has not complied with legal requirements related to the implementation of the local control and accountability plan (Education Code 52075)
- Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy
- Any other complaint as specified in a district policy
OUSD'S NON-DISCRIMINATION/HARASSMENT POLICIES
OUSD prohibits all forms of discrimination and harassment.
The following complaints shall not be subject to the district's UCP but shall be referred to the specified agency: (5 CCR 4611)
- Any complaint alleging child abuse or neglect shall be referred to the County Department of Social Services, the County Protective Services Division, and the appropriate law enforcement agency.
- Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to Department of Social Services and shall, for licensing-exempt facilities, be referred to the appropriate Child Development regional administrator.
- Any complaint alleging employment discrimination shall be sent to the California Department of Fair Employment and Housing and the compliance officer shall notify the complainant by first class mail of the transfer.
- Any complaint alleging fraud shall be referred to the California Department of Education.
In addition, the district's Williams Uniform Complaint Procedures, AR 1312.4, shall be used to investigate and resolve any complaint related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, or teacher vacancies and misassignments. (Education Code 35186)
(cf. 1312.4 - Williams Uniform Complaint Procedures)
UNIFORM COMPLAINT PROCEDURES
- Filing a Complaint: Submit a written complaint by following the Uniform Complaint filing procedures listed in OUSD’s Uniform Complaint Administrative Regulation 1312.3
- Filing Timeline: The complaint shall be initiated no later than 6 months from the date when the alleged discrimination occurred, or 6 months from the date when the complainant first obtained knowledge of the facts of the alleged discrimination.
- Mediation: Within three business days after the compliance officer receives the complaint, he/she may informally discuss with all the parties the possibility of using mediation. Mediation shall be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint involving an allegation of sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate.
- Investigation: Within 20 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.
- Report of Findings: Within 60 days of the report being filed, the compliance officer shall prepare and send to the complainant a written report of the district's investigation and decision.
- Corrective Actions: When a complaint is found to have merit, the compliance officer shall adopt any appropriate corrective action permitted by law.
- Appeals: Any complainant who is dissatisfied with the district's final written decision may file an appeal in writing with the CDE within 15 calendar days of receiving the district's decision.