Complaints Concerning District Employees

Arcadia Unified School District exists to provide the best educational program and learning environment possible for all students entrusted to its care. The Governing Board believes that the quality of the educational program can improve when the district listens to complaints, considers different opinions, and resolves disagreements expeditiously through an established, objective process. Additionally, the Board wishes to foster a culture in which complaints or concerns are expressed freely and listened to thoughtfully, with mutual civility and respect, without disrupting the educational process. (cf. Civility BP)

It is the intent of the Board that matters giving rise to a complaint be addressed first on an informal basis and at the level closest to the situation. The Board recognizes that those closest to the situation have the most information about the reasons for a decision and that successful resolution of a complaint is most likely at that level. The Board also wishes to encourage patterns of communication and resolution of disputes that will contribute to building long-term positive relationships among parents, students, and school and district staff, with the ultimate goal of benefiting students. If a complaint cannot be addressed and resolved informally (level 1), then the formal steps of the complaint procedure are available to any complainant.

Anonymous complaints (i.e. unsolicited information from individuals who do not sign their name or otherwise provide any identifying source for the information) will be investigated at the discretion of the district and normally will not be given consideration unless the allegation is of a legally compelling nature. This general rule will not apply to anonymous tip lines available to students or others to report possible drug or weapons concerns.

Regulation 1312.1: Complaints Concerning District Employees

The district employs a four-level process to resolve problems between the individuals most directly involved in the situation.

Level 1: The complainant shall first interact with the individual who is the subject of the complaint or is in the best position to address the complaint. If the complaint is not resolved at the direct contact level, the complainant shall confer with the immediate supervisor of the employee who is the subject of the complaint.

Level 2: The complainant shall obtain, complete, and submit a Complaint Form (see AR 1312.1) to the principal or appropriate department head. If the complainant is not satisfied with the outcome at Level 2 and chooses to pursue further action, a copy of the completed Complaint Form shall be forwarded to the Deputy Superintendent's Office for processing at Level 3.

Level 3: The principal or department head, upon notice from the complainant that he/she is appealing to Level 3, shall forward a copy of the Complaint Form to the Assistant Superintendent, Human Resource Services Office. If the complaint is not resolved to the personal satisfaction of the complainant after notification of the judgment by the Deputy Superintendent or designee at Level 3, the final level of appeal shall rest with the Board.

Level 4: If the complainant wishes to appeal to Level 4, he/she must, in writing, request an appearance at a regularly scheduled meeting of the Board where he/she shall be heard in accordance with Board Bylaw 9322 and the California Brown Act (Education Code 54957). The decision of the Board shall be final.

Regulation 4030: Nondiscrimination In Employment

All allegations of discrimination in employment, including those involving an employee, job applicant, intern, volunteer, or other person contracted to provide services to the district shall be investigated and resolved in accordance with procedures specified in this administrative regulation. However, complaints alleging sex discrimination under Title IX shall be investigated and resolved in accordance with the procedures specified in 34 CFR 106.44 and 106.45 and Administrative Regulation 4119.12/4219.12/4319.12 - Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures.

The district designates the position identified below as its coordinator for nondiscrimination in employment (coordinator) to organize and manage the district's efforts to comply with state and federal nondiscrimination laws and to answer inquiries regarding the district's nondiscrimination policies.

The coordinator may be contacted at:

Assistant Superintendent, Human Resource Services
150 South Third Avenue
Arcadia CA 91006
(626) 821-6627
[email protected]

A complainant may inform a direct supervisor, another supervisor, the coordinator, the Superintendent or, if available, a complaint hotline or an ombudsman. The complainant's direct supervisor may be bypassed in filing a complaint when the supervisor is the subject of the complaint.

The complainant may first attempt to resolve the situation informally with the complainant's supervisor before filing a written complaint.

A supervisor or manager who has received information about an incident of discrimination or harassment, or has observed such an incident, shall report it to the coordinator, whether or not the complainant files a written complaint.

The written complaint should contain the complainant's name, the name of the individual who allegedly committed the act, a description of the incident, the date and location where the incident occurred, any witnesses who may have relevant information, any available evidence of the discrimination or harassment, and any other pertinent information which may assist in investigating and resolving the complaint.

Other Remedies for Discrimination or Harassment

In addition to filing a discrimination or harassment complaint with the district, a person may file a complaint with either CRD or the Equal Employment Opportunity Commission (EEOC). The time limits for filing such complaints are as follows:

For filing a complaint with CRD alleging a violation of Government Code 12940-12952, within three years of the alleged discriminatory act(s), unless an exception exists pursuant to Government Code 12960 (Government Code 12960)
For filing a complaint with EEOC, within 180 days of the alleged discriminatory act(s) (42 USC 2000e-5)
For filing a complaint with EEOC after first filing a complaint with CRD, within 300 days of the alleged discriminatory act(s) or within 30 days after the termination of proceedings by CRD, whichever is earlier (42 USC 2000e-5)

An employee may also file a complaint with the Wage and Hour Division of the U.S. Department of Labor for an alleged violation of the PUMP Act and/or the Equal Employment Opportunity Commission for failure to provide reasonable accommodations pursuant to the Pregnant Workers Fairness Act. (29 USC 218c, 218d, 42 USC 2000gg-2)

Additionally, an employee may file a complaint with the Labor Commissioner at the California Department of Industrial Relations for any alleged violation of Labor Code 1030-1034. (Labor Code 1034)

District’s Uniform Complaint Process

You may contact your school’s office or the District office to obtain a free copy of the district’s complaint procedures. The complaint procedure can be used for a variety of issues not mentioned above including but not limited to employee issues and policies and procedures of the district. Confidentiality and privacy shall be respected in all complaint investigations. Complaints alleging discrimination may be filed by a person on their own behalf or on behalf of another person or group of people within six months of the occurrence or when facts became known. Complaints regarding a special needs student or pupil fees may be filed within 12 months of the occurrence. Complaints regarding LCAP may be filed anonymously. Complaints regarding Pupil Fees may be filed anonymously and with the principal. If a complaint regarding LCAP or pupil fees is valid, then the parents are due full reimbursement. Staff has been trained to deal with these types of complaints.

Those complaining (Complainants) are protected from retaliation and their identities are confidential when related to discrimination. Staff dealing with complaints are knowledgeable about the laws and programs they are investigating. The complaint may be dismissed if complainant obstructs or does not provide all information. If the District acts in the same manner, the finding may be affected.

Complainants are protected from retaliation and their identities are confidential when related to discrimination. Staff dealing with complaints are knowledgeable about the laws and programs they are investigating. The complaint may be dismissed if complainant obstructs or does not provide all information. If the District acts in the same manner, the finding may be affected.
You may contact the UCP Officer to obtain a copy of the complaint process.
You may choose to have your complaint mediated.
There shall be an investigative meeting after receiving the complaint.
The compliance officer shall send a written report about the investigation and decision. There are then five days to appeal to the Board of Education.
If you are not satisfied with the results the complainant has 15 days of receiving the LEA decision, to appeal to the California Department of Education. The appeal must include a copy of the locally filed complaint and a copy of the LEA decision.
There is nothing in this process to preclude a complainant from pursuing available civil law remedies outside of the district’s complaint procedures. Such remedies may include mediation, attorneys, and legal remedies. Civil law remedies may include, but are not limited to: injunctions and restraining orders.

For discrimination complaints, 60 days must elapse from the time an appeal is filed with CDE before pursuing civil remedies except for an injunction. Complaints may also be forwarded to appropriate state or federal agencies in the following cases:

American Civil Liberties Act 504 – Office of Civil Rights
Child Abuse – Department of Social Services, Protective Services Division, or law enforcement
Discrimination/Nutritional Services – U.S. Secretary of Agriculture
Employment Discrimination – Department of Fair Employment and Housing, Equal Employment Opportunity Commission.
General Education – this school district
Health and Safety/Child Development – Department of Social Services
Student Records – Family Policy Compliance Office (FPCO), U.S. Department of Education

[20 USC 11138; 34 CFR 300.510-511, 300.513; EC 235. 262.3, 33031, 33032, 33381, 48985, 56000-56885, 59000-59300, 64000(a); 5 CCR 4600, 4620-4632]

For more information or to file a complaint with the Office of Civil Rights you may contact the offices below.

The OCR National Headquarters is located at:
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: [email protected]

The OCR office for California is located at:
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: [email protected]

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