How to file a Title IX Complaint
HOW DO I FILE A COMPLAINT?
A student, parent, guardian, employee, individual, or organization may file a written complaint alleging discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic under the District’s Uniform Complaint Procedure by sending a complaint to one of the District's Title IX Coordinators.
Instructions and a link to the confidential complaint form are here: TITLE IX COMPLAINT FORM
For all other complaints against the district, please use the UNIFORM COPLAINT FORM.
You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights on their electronic complaint forms or check the Office for Civil Rights Complaint Assessment System online.
Contact the Office for Civil Rights at:
San Francisco Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102
Telephone: (415) 486-5555
Fax: (415) 486-5570;
TDD: (800) 877-8339
For information about how to file other types of complaints and the procedures for those complaints, please contact the District Office at (415) 945-1085.
WHEN MUST A COMPLAINT BE FILED?
A complaint alleging unlawful discrimination or retaliation must be filed no later than six months from the date the discrimination or retaliation occurred, or six months from when the Complainant first learned of the unlawful discrimination. The Superintendent or designee may extend this timeline by up to ninety days for good cause, upon written request by the complainant setting forth the reasons for the extension.
HOW WILL A COMPLAINT BE INVESTIGATED?
Complaints filed under District’s Uniform Complaint Procedure will be investigated and a decision made within sixty calendar days of the County Office’s receipt unless the complainant agrees to an extension. The District’s compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses. The compliance officer may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred. As appropriate, the District’s compliance officer periodically will inform the parties of the status of the investigation. The complainant will be notified when a decision is made.
Complaints that are not filed under the District’s Uniform Complaint Procedure will be investigated and decided pursuant to the applicable procedure.
WHAT HAPPENS WHEN THE INVESTIGATION IS COMPLETE?
For complaints filed under the Uniform Complaint Procedure, the compliance officer will prepare and send a final written decision to the complainant and respondent, if any, within 60 calendar days of the District’s receipt of the complaint (unless this deadline is extended by mutual agreement).
If the complainant or respondent is not satisfied with the decision, either the complainant or respondent may, within fifteen business days, file the complaint in writing to the Board. The Board may consider the matter at a Board Meeting or decide not to hear the complaint, in which case, the compliance officer’s decision shall be final.
The complainant or respondent may appeal the District’s decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the District’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the District and a copy of the District’s decision. For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures: http://www.cde.ca.gov/re/cp/uc/index.asp.
For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers or public/private interest attorneys, sixty calendar days after filing an appeal with the California Department of Education. (California Education Code § 262.3.) Note that this sixty-day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (California Education Code § 262.3.)
Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within 180 days of the alleged discrimination. For contact information, see the section above on “How do I file a complaint of sex discrimination?” For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html
HOW DO I GET MORE INFORMATION?
If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action. For more information regarding Title IX and sex equity in education or in District employment, please contact the District Title IX Coordinator, Wes Cedros or Kelly Lara.