Student complaints shall be submitted in written form in accordance with Board Policy 5145.3 and 5145.7 and Administrative Regulation 1312.3 attached at the conclusion of this document. If the complainant is unable to prepare the complaint in writing, administrative staﬀ shall help him/her to do so. The COE provides a complaint form at the conclusion of this document.
Complaints must be ﬁled within six months from the date when the alleged unlawful discrimination occurred, or from the date, the complainant ﬁrst obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex. The time for ﬁling may be extended up to 90 days by the Superintendent or the Superintendent’s designee, for good cause, upon a written request by the complainant setting forth the reasons for the request for an extension of time to ﬁle a written complaint.
The compliance oﬃcer may informally discuss with all the parties the possibility of using mediation within three business days after his or her receipt of the complaint. All complaints shall be appropriately investigated in a timely manner. Within 10 business days, after the compliance oﬃcer receives the complaint, the compliance oﬃcer shall begin an investigation into the complaint. The investigation shall include an opportunity for the complainant, or the complainant’s representative, or both, to present the compliance oﬃcer with any evidence, or information leading to evidence, to support the allegations in the complaint. Unless extended by a written agreement with the complainant, the Gerber Union Elementary School District shall issue a written decision based on the evidence within 60 calendar days from receipt of the complaint by the Gerber Union Elementary School District.
Any complainant who is dissatisﬁed with the ﬁnal written decision may ﬁle an appeal in writing with the California Department of Education within 15 calendar days of receiving the decision.
Complaints made by or on behalf of students may also be ﬁled with the U.S. Department of Education, Oﬃce of Civil Rights within 180 calendar days of the date of the alleged discrimination unless the time for ﬁling is extended by the Oﬃce of Civil Rights for good cause shown under certain circumstances.
Additional details about procedures for ﬁling a complaint may be found within the content of Board Policies 5145.3 and 5145.7 and Administrative Regulation 1312.3