Nondiscrimination in Employment (BP/AR 4030)

A. Informal Complaint

  1. The complainant is encouraged to first attempt to resolve the situation informally with the employee’s supervisor.
  1. A complainant may inform a direct supervisor, another supervisor, the coordinator, or the Superintendent.
  • The Associate Superintendent, Human Resources should be contacted when the informal complaint concerns an applicant for employment, individuals at more than one work site, or when the immediate supervisor is the subject of or involved in the complainant’s allegation of discrimination in employment.
  1. An informal complaint must be initiated within thirty (30) working days from the time an employee knew or reasonably should have known of the alleged discrimination in employment event or condition prompting the complaint.
  1. The supervisor, site administrator, or other District administrator will investigate the allegation and will attempt to resolve the matter within thirty (30) days from receipt of the informal complaint.

B. Formal Complaint

  1. If the complainant is not satisfied with the resolution of the informal complaint, the complainant may file a formal written complaint with the immediate supervisor of the supervisor or administrator who investigated and attempted to resolve the informal complaint.
  • Any such complaint against the Associate Superintendent, Human Resources should be directed to the Superintendent; 
  • Any such complaint against the Superintendent should be directed to the President of the Board of Education.
  1. The formal complaint must be filed within sixty (60) days of the time the informal attempt was made to settle the complaint.
  1. The written complaint should include: 
  • The complainants name, address, work and home telephone numbers;
  • The name of the individual(s) who allegedly committed the act(s);
  • A description of the incident(s);
  • The date, time, and location where the incident(s) occurred;
  • A specific description of the nature, participants in, and witnesses to the alleged discrimination in employment acts;
  • Any witnesses who may have relevant information;
  • Other evidence of the discrimination or harassment, and any other pertinent information which may assist in investigating and resolving the complaint; and
  • The complainant’s suggested remedy for resolution of the complaint.
  1. If the complaint is not resolved to the complainant’s satisfaction, the complainant may appeal that resolution to the Associate Superintendent, Human Resources. 
  • The complainant must submit his/her written complaint to the Associate Superintendent, Human Resources within ten (10) working days of the complainant’s receipt of the decision to the written complaint. 
  • The Associate Superintendent, Human Resources, the complainant, and the person who investigated the written complaint and prepared the written response to the complainant, will meet to discuss the appeal. 
  • The Associate Superintendent, Human Resources shall provide a written decision within thirty (30) working days of this meeting.

C.  Appeal to the Governing Board

  1. The complainant or the person accused may appeal any findings to the Board within ten (10) business days of receiving the written report of the coordinator’s findings.
  1. Upon receiving the appeal, the Board may schedule a hearing.
  1. Any complaint appeal heard by the Board against a District employee shall be addressed in closed session in accordance with law.
  1. Consistent with the Board’s agenda deadlines and open meeting law requirements, the Board of Education may meet in closed session to consider the complainant’s appeal.  The Board shall render its decision within ten (10) business days.

D. Other Remedies

  1. In addition to filing a discrimination or harassment complaint with the district, a person may file a complaint with either California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC). The time limits for filing such complaints are as follows: 
  • To file a valid complaint with DFEH, within one year of the alleged discriminatory act(s), unless an exception exists pursuant to Government Code 12960; 
  • To file a valid complaint directly with EEOC, within 180 days of the alleged discriminatory act(s) (42 USC 2000e-5); 
  • To file a valid complaint with EEOC after first filing a complaint with DFEH, within 300 days of the alleged discriminatory act(s) or within 30 days after the termination of proceedings by DFEH, whichever is earlier (42 USC 2000e-5).