Uniform Complaint Procedures

Banta Unified School District

Uniform Complaint Procedures


In accordance with Banta Unified School District's Board Policy 1312.4, the District follows the uniform complaint procedures when addressing complaints alleging failure to comply with applicable state and federal laws and regulations including, but not limited to, allegations about discrimination, harassment, intimidation, bullying, and noncompliance with laws relating to pupil fees.

Nondiscrimination/Harassment/Intimidation/Bullying
The Board of Education is committed to equal opportunity for all individuals in education. District programs, activities and services shall be free from unlawful discrimination, harassment, intimidation, and/or bullying based on actual or perceived sex, race or ethnicity, color, national origin, nationality, religion, age, sexual orientation, sexual preference, ancestry, ethnic group identification, gender, gender expression, gender identity, physical or mental disability, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics, or sexual harassment in any district service, program and/or activity that receives or benefits from state financial assistance. The Board shall promote programs which ensure that unlawful discriminatory practices are eliminated in all district activities.

Any student who engages in discrimination, harassment, intimidation, and/or bullying may be subject to disciplinary action up to and including expulsion. Any employee who permits or engages in unlawful discrimination, harassment, intimidation, and/or bullying may be subject to disciplinary action up to and including dismissal. 

Sexual Harassment
The District has adopted a strict policy containing rules and procedures for reporting sexual harassment and pursuing remedies and is committed to maintaining an educational environment that is free from harassment, including school, or school-sponsored or school-related activities.

The Board of Education prohibits unlawful sexual harassment of or by anyone (including students and employees) in or from the district. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical contact of a sexual nature made by someone from or in the work or educational setting. Any student who engages in sexual harassment of another student or anyone from the district may be subject to disciplinary action up to and including expulsion. Any employee who permits or engages in sexual harassment may be subject to disciplinary action up to and including dismissal.

Pupil Fees
The District shall follow uniform complaint procedures when addressing complaints alleging a failure to comply with state or federal law or regulations, including allegations that a student has been required to pay a pupil fee for participation in an educational activity, other than those fees, deposits, or other charges allowed by law.

To File a Complaint
The District is primarily responsible for compliance with federal and state laws and regulations, including allegations that a student has been required to pay a pupil fee (as defined in Education Code section 49010), for participation in an educational activity (as defined in Education Code section 49011), other than those fees, deposits or other charges allowed by law. Any student, staff member, or parent who feels that unlawful discrimination, harassment, intimidation, and/or bullying or sexual harassment has occurred should immediately contact a teacher, the school principal, or district Title IX/Compliance Officer. A formal complaint may be initiated at the school or by directly contacting the Title IX/Compliance Officer. Copies of the Uniform Complaint Form may be obtained from the school office or Title IX/Compliance Officer. Copies of the complaint procedures shall be available free of charge.

Submit completed form to:
Title IX/Compliance Officer
NelLaine Kilgore, Director of Student Services
22345 El Rancho Rd.
Tracy, CA  95304
Telephone: (209) 229-4651

2. Mediation: Mediation is optional. It involves a third party who assists the parties in resolving the dispute. If mediation is used, the timelines are not extended. If mediation does not resolve the problem within the parameters of the law, the compliance officer shall proceed with investigation.
 
3. Investigation of Complaint: The compliance officer will investigate the complaint within 10 days of receiving the initial complaint.

4. Report of Findings: The compliance officer will provide a written report of findings to the complainant within 30 days of the date the complaint was filed.

5. Final Decision: A final written decision will be sent to the complainant within 60 calendar days of the initial date the complaint was filed.

6. Appeals: If the person making the complaint disagrees with the compliance officer’s decision, he/she has 5 business days to appeal the decision to the school district Board of Education and the board must fall within a 60-day timeline of the filing date to reach; or alternatively,15 days to appeal the decision to the California Department of Education.

7. A person filing a complaint may also seek civil law remedies outside of the district’s complaint procedures, 60 calendar days after the filing of an appeal with the CDE.

8. At any time, a complainant has the right to file a complaint alleging violations of federal laws or regulations, prohibiting unlawful discrimination, harassment, intimidation, and/or bullying based on actual or perceived sex, race or ethnicity, color, national origin, nationality, religion, age, sexual orientation, sexual preference, ancestry, ethnic group identification, gender, gender expression, gender identity, physical or mental disability, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics with the United States Department of Education: Office for Civil Rights, 50 Beale Street, Suite 7200, San Francisco, CA 94105 or at www.ed.gov/ocr within 180 days of the alleged discrimination.

Complaints will be kept as confidential as appropriate.
The District prohibits retaliation against any participant in the complaint process. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned.

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