How will it be investigated?
Complaints filed under the County Office’s Uniform Complaint Procedure will be investigated and a decision made within sixty (60) calendar days of the County Office’s receipt, unless the complainant agrees to an extension. The County Office’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 County Office’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 County Office’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 Title IX Coordinator will prepare and send a final written decision to the complainant and respondent, if any, within sixty (60) calendar days of the County Office’s receipt of the complaint (unless this deadline is extended by mutual agreement).
The complainant or respondent may appeal the County Office’s decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the County Office’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the County Office and a copy of the County Office’s decision. For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures.
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 (60) 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 online with the United States Department of Education, Office for Civil Rights, within 180 days of the alleged discrimination. For contact information, see the section entitled “Filing a Complaint."
If the Title IX Coordinator finds that a complaint has merit, the County Office will take appropriate corrective action.