• Oakland Aviation Hight School
  • Oakland Aviation Hight School

OAKLAND AVIATION HIGH SCHOOL

 

Uniform Complaint Procedures

 

POLICY

Oakland Aviation High School (OAHS) recognizes that it is responsible for ensuring that it complies with state and federal laws and regulations governing educational programs.

 

OAHS shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination based upon age, ancestry and/or national origin, color, physical or mental disability, race, ethnic group identification, religion, veteran status, sex, gender, marital status, medical condition (cancer related) and/or sexual orientation, in any program or activity that receives or benefits from State and/or Federal financial assistance.

 

OAHS shall also follow uniform complaint procedures when addressing complaints alleging failure to comply with state or federal law in:

 

1.        Consolidated Categorical Aid Programs

o        School Based Coordinated Programs

o        School Improvement Program

o         Title I Programs – No Child Left Behind Act

o         Program for English Learners

o         Career/Technical Education & Civil Rights                                                                                                          

o         Educational Equity             

o         Gifted and Talented Education (GATE)                                               

o         State Compensatory Education (SCE)                                                              

o         Safe and Drug Free Schools  & Tobacco Use and Prevention Education (TUPE)

2.        Migrant Education

3.        Vocational Education

4.        Child Nutrition Programs

5.        Special Education Programs.

(Title 5, Section 4621 and 4610)

 

Upon receipt of a written complaint from an individual, public agency or organization, the uniform complaint procedures shall be initiated. OAHS shall distribute full information about these procedures.

 

COMPLAINT DEFINITION

A complaint is an allegation that is reduced to writing by a parent/guardian, student, employee, duly authorized representative or interested third party, public agency, or organization alleging that OAHS violated (did not comply with) a Federal, or State regulation, or engaged in unlawful discrimination in programs and activities directly funded by the State or in receipt of any financial assistance from the State or Federal government.

 

TIMELINE FOR FILING COMPLAINTS

All complaints must be filed no later than six (6) months after the alleged occurrence, but may be extended not to exceed ninety (90) calendar days by the consent of the Oakland Aviation High School Board of Trustees.

 

Complaints alleging unlawful discrimination may be filed by a person who alleges that he/she suffered unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to unlawful discrimination. The complaint must be initiated no later than six (6) months from the date of when the alleged discrimination occurred, unless the timeline is extended for good cause as outlined above, or when the complainant first obtained knowledge of the facts of the alleged discrimination.

 

CONFIDENTIALITY OF DISCRIMINATION COMPLAINTS

The Oakland Aviation High School Board of Trustees acknowledges and respects student and employee rights to privacy. Discrimination complaints shall be investigated in a manner that protects the confidentiality of the parties and the facts. This includes keeping the identity of the complainant confidential except to the extent necessary to carry out the investigation or proceedings, as determined by the Superintendent or designee on a case-by-case basis. (Title 5, Sections, 4621 and 4630)

 

PROHIBITION AGAINST RETALIATION

The Oakland Aviation High School Board of Trustees prohibits retaliation in any form for the filing of a complaint, the reporting of instances of discrimination or participating in complaint procedures. Such participation shall not in any way affect the status, grades or work assignments of the complainant. (Title 5, Section 4621 and 4630)

 

ASSISTANCE

If a complainant is unable to put a complaint in writing due to conditions such as literacy or other disabilities, district staff shall help him/her to file the complaint. (Title 5, Section 4600)

 

NOTIFICATIONS

The President of the Oakland Aviation High School Board of Trustees or designee shall meet the notification requirements of the Code of Regulations, Title 5, Section 4622, including the annual dissemination of the district complaint procedures and information about available appeals, civil law remedies and conditions under which a complaint may be taken directly to the California Department of Education. The President of the Oakland Aviation High School Board of Trustees or designee shall ensure that complainants understand that they may pursue other remedies, including actions before civil courts or other public agencies.

 

Each year, OAHS shall provide written notice of the right to file a complaint against the school and/or school employees and the procedure for filing such a complaint. The notice shall be distributed to parents, students, staff, district/school advisory committees, and other interested parties in English and the other four major primary languages (Cambodian, Chinese, Spanish, and Vietnamese). The notice will include a statement that the complainant is protected from retaliation.

 

ADMINISTRATIVE REGULATION

 

COMPLIANCE OFFICERS

The President of the Oakland Aviation High School Board of Trustees or designee shall ensure that employees designated to investigate complaints are knowledgeable about the laws and programs for which they are responsible. Such employees may have access to legal counsel as determined by the Superintendent/Administrator or designee.

 

The Oakland Aviation High School Board of Trustees designates the following compliance officers to receive and investigate complaints and ensure district compliance with law:

 

The Ombudsperson is responsible for the intake and monitoring of all formal complaints. The Ombudsperson is also responsible for investigating complaints concerning the program for English Language Learners (ELL) and retaliation for, or interference with, ELL Program advocacy.

 

OMBUDSPERSON

Oakland Aviation High School

P.O. Box 14152

Oakland, California 94614

 

The Compliance Officer is responsible for investigating complaints regarding discrimination, including sexual harassment. The Compliance Officer also coordinates requests and program notifications for employees and students with disabilities (i.e. Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA)).

 

COMPLIANCE OFFICER

Oakland Aviation High School

P.O. Box 14152

Oakland, California 94614

 

Other complaints will be routed to the appropriate school site administrator, department director or to the Oakland Aviation High School Board of Trustees designee for investigation.

 

STEP I:

PROCEDURES FOR FILING A FORMAL COMPLAINT - LEVEL I

 

The following procedures shall be used to address all complaints which allege that OAHS has violated federal or state laws or regulations governing educational programs. Compliance Officers shall maintain a record of each complaint and subsequent related actions, including all information required for compliance with the Code of Regulations. (Title 5, Section 4632)

 

All parties involved in allegations shall be notified when a complaint is filed, when a complaint meeting or hearing is scheduled and when a decision or ruling is made.

 

The complaint shall be presented to the Ombudsperson who shall maintain a log of complaints received, providing each with a code number and a date stamp. The Ombudsperson shall route the complaint to the appropriate investigator.

 

Any individual, public agency or organization may file a written complaint of alleged noncompliance by OAHS.

 

Level I Complaints must be submitted in writing on the appropriate form requiring the signature of the complainant. (Forms shall be available at OAHS.)

 

COMPLAINTS AGAINST EMPLOYEES

For complaints regarding employees, except for sexual harassment or discrimination complaints, the appropriate manager/designee shall provide a copy of the written complaint to the employee against whom the complaint is directed. The employee(s) shall have the right to respond to the complaint and to recommend an appropriate course of action.

 

MEDIATION (OPTIONAL)

OAHS recognizes that a neutral mediator can often suggest an early compromise that is agreeable to all parties in a dispute. In accordance with uniform complaint procedures, whenever all parties to a complaint agree to try to resolve their problem through mediation, the Oakland Aviation High School Board of Trustees or designee shall initiate a mediation process before beginning a formal compliance investigation. Oakland Aviation High School Board of Trustees or designee shall ensure that mediation results are consistent with state and federal laws and regulations. (Title 5, Section  4631)

 

Within five working days of receiving the complaint, the Ombudsperson may informally discuss with the complainant the possibility of using mediation. If the complainant agrees to mediation, the compliance officer shall make all arrangements for this process.

 

Before initiating the mediation of a discrimination complaint, the compliance officer shall ensure that all parties agree to make the mediator a party to related confidential information.

 

If the mediation process does not resolve the problem within the parameters of the law, the compliance officer shall proceed with his/her investigation of the complaint.

 

The use of mediation shall not extend the district’s timelines for investigating and resolving the complaint unless the complainant agrees in writing to such an extension of time. (Title 5, Section 4631)

 

STEP 2: INVESTIGATION OF COMPLAINT

In cases of discrimination and/or sexual harassment, where the parties have declined mediation, the compliance officer shall hold an investigative meeting within (5) five calendar days. This meeting shall provide an opportunity for the complainant and/or his/her representative to repeat the complaint orally. The complainant and/or his/her representative shall have an opportunity to present information relevant to the complaint. The district’s representative will also have an opportunity to present relevant information at a separate meeting.

 

In all other cases, the appropriate manager or designee shall confer with the complainant and the person against whom the complaint is made in an effort to resolve the complaint, unless mutually waived. Parties shall have the option of presenting evidence related to the complaint and of meeting together to discuss the complaint or question each other and may also question each other’s witnesses. (Title 5, Section 4631)[Note: Does not apply to sexual harassment and discrimination complaints].

 

In addition to accepting information from the parties to the complaint, the investigating official in all cases will review any relevant documents and question relevant witnesses before issuing the final written decision.  Within thirty (30) calendar days of receiving the complaint, the investigating officer shall prepare and send to the complainant a written report of the Board’s investigation and decision, as described in Step #5 below.

 

STEP 3: LEVEL II APPEAL

A complaint not satisfactorily resolved at Level I may be appealed to the Oakland Aviation High School Board of Trustees or designee in writing by the complainant within five (5) calendar days of receipt of the Level I response. The appeal form shall be filed with the Office of the Ombudsperson. The appeal can only include the allegations outlined in the Level I Complaint. New allegations cannot be included in the Level II Appeal.

 

Upon receiving the appropriately completed appeal form from the complainant, the Superintendent or designee shall:

 

1.      Notify the employee(s) to whom the complainant was directed.

2.      Investigate the appeal. This may include the following steps:

·        Review the appeal filed by the complainant.

·        Review documents from the Level I investigator.

·        Conduct additional interviews as necessary.

·        Allow both parties to discuss complaint, Level I decision, or question each other, except for discrimination or sexual harassment complaints.

3.      Respond in writing to the complainant within ten (10) calendar days after receipt of appeal, including a resolution.

4.      Notify the employee(s) of the resolution.

 

STEP 4: LEVEL III APPEAL

A complaint not satisfactorily resolved at Level II may be appealed to the Board of Education/State Administrator or its designee in writing by the complainant within five (5) calendar days of receipt of the Level II response.

 

The appeal form shall be filed with the Office of the Ombudsperson who shall notify the Oakland Aviation High School Board of Trustees. The President of the Board shall transmit the statement to the Board of Education/State Administrator.

 

Written notification of the Board’s decision shall be received by the complainant and the employee(s) against whom the complaint is directed within ten (10) calendar days.

 

Exception/Board Recess – During the period of the State Administrator/Board’s unavailability, the complainant will be consulted to extend the time to complete the appeal process.

 

In all cases of this nature which come to the Board/State Administrator’s attention, the decision of the Board/State Administrator shall be final, except for cases which may be appealed to the California Department of Education regarding Federal or State laws or regulations governing these programs:

 

·        Adult Education

·        Education of English Learners

·        Child Care and Development

·        Child Nutrition

·        Consolidated Categorical Programs

·        Migrant Education

·        Special Education

·        Vocational Education

 

STEP 5: FINAL WRITTEN DECISION

A written report shall be sent to the complainant via certified or U.S. Mail within sixty (60) calendar days from receipt of the complaint. The report of the District’s decision shall be written in English and in the primary language of the complainant whenever feasible or required by law. If it is not feasible to write this report in the complainant’s primary language, the Oakland Aviation High School Board of Trustees shall arrange a meeting at which a community member will interpret it for the complainant.

 

This report shall include:

1.    The findings and disposition of the complaint, including corrective

actions, if any. (Title 5, Section 4631)

2.      The rationale for the above disposition. (Title 5, Section 4631)

3.      Notice of the complainant’s right to appeal the decision to the California Department of Education within fifteen (15) calendar days of receiving the District’s decision and procedures to be followed for initiating such an appeal. (Title 5, Section 4631)

4.      A detailed statement of all specific issues that were raised during the investigation and the extent to which these issues were resolved.

 

If an employee is disciplined as a result of the complaint, this report shall simply state that effective action was taken and that the employee was informed of district expectations. The report shall not give any further information as to the nature of the disciplinary action.

 

APPEALS TO THE CALIFORNIA DEPARTMENT OF EDUCATION (CDE)

If dissatisfied with the Oakland Aviation High School Board of Trustees’ decision, the complainant may appeal in writing to the California Department of Education within fifteen (15) calendar days of receiving the District’s decision. For good cause, the Superintendent of Public Instruction may grant an extension for filing appeals. (Title 5, Section 4652)

 

When appealing to the California Department of Education, the complainant must specify the reason(s) for appealing the district’s decision and must include a copy of the locally filed complaint and the district’s decision. (Title 5, Section 4652)

 

 

 

CIVIL LAW REMEDIES

Complainants may seek help from agencies such as legal assistance agencies, local mediation centers or the County Office of Education.

 

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. For discrimination complaints, however, a complainant must wait until sixty (60) calendar days have elapsed from the filing an appeal with the California Department of Education before pursuing civil law remedies in state court. The moratorium does not apply to injunctive relief and is applicable only if the district has appropriately, and in a timely manner, apprised the complainant of his/her right to file a complaint in accordance with Title 5, CCR Section 4622.

 

Complaints not satisfactorily resolved at the District level may be filed, as applicable, with the following State and Federal agencies:

-------------------------------------------------------------------------------------------------------------------

California Department of Education (CDE)

Categorical Programs Complaints Management (CPCM)

P.O. Box 94244-2729

Sacramento, California 94244-2729

Telephone: (916) 319-0929

Filing deadline: Within 15 days after District’s final written decision.

------------------------------------------------------------------------------------------------

United States Office of Education

Office for Civil Rights (OCR), Region IX

50 United Nations Plaza, Room 239

San Francisco, California 94102

Telephone: (415) 556-4275

Filing deadline: Within 60 days of District’s completion of the Uniform Complaint Procedures.

(Note: Complaints may be filed directly with OCR within 180 days

of the alleged incident of discrimination)

------------------------------------------------------------------------------------------------

Equal Employment Opportunity Commission (EEOC)

1301 Clay Street, Suite 1170N

Oakland, California 94612

Telephone: (510) 637-3230

Filing deadline: Within 300 days from date of the alleged incident of discrimination.

------------------------------------------------------------------------------------------------

Department of Fair Employment and Housing (DFEH)

1330 Broadway

Oakland, California 94612-2412

Telephone: (800) 884-1684

Filing deadline: Within one year from date of the alleged incident of discrimination.

 

 

07/25/06p