Uniform Complaint Procedures

The Castro Valley Unified School District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations and shall investigate complaints alleging failure to comply with those laws and regulations, including but not limited to, allegations of unlawful discrimination, harassment, intimidation, or bullying against any protected group or noncompliance with laws relating to all programs and activities implemented by the District that are subject to the Uniform Complaint Procedures (UCP). The District shall seek to resolve those complaints of noncompliance pursuant to procedures in §§4600-4694 of Title 5 of the California Code of Regulations (CCR) and the District’s governing board policies and procedures under the UCP, including allegations of retaliation for participation in the UCP process and/or to appeal District decisions regarding such complaints. 

The district's uniform complaint procedures (UCP) shall be used to investigate and resolve complaints regarding the following programs and activities:

1. Accommodations for pregnant and parenting students  (Education Code 46015)
2. Adult education programs  (Education Code 8500-8538, 52334.7, 52500-52617)
3. After School Education and Safety programs  (Education Code 8482-8484.65)
4. Agricultural career technical education  (Education Code 52460-52462)
5. Career technical and technical education and career technical and technical training programs  (Education Code 52300-52462)
6. Child care and development programs  (Education Code 8200-8488)
7. Compensatory education  (Education Code 54400)
8. Consolidated categorical aid programs  (Education Code 33315; 34 CFR 299.10-299.12)
9. Course periods without educational content  (Education Code 51228.1-51228.3)
10. Discrimination, harassment, intimidation, or bullying in district programs and activities, including in those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on a person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on the person's association with a person or group with one or more of these actual or perceived characteristics  (5 CCR 4610)
11. Educational and graduation requirements for students in foster care, homeless students, students from military families, and students formerly in a juvenile court school (Education Code 48645.7, 48853, 48853.5, 49069.5, 51225.1, 51225.2)
12. Every Student Succeeds Act  (Education Code 52059.5; 20 USC 6301 et seq.)
13. Local control and accountability plan  (Education Code 52075)
14. Migrant education  (Education Code 54440-54445)
15. Physical education instructional minutes  (Education Code 51210, 51222, 51223)
16. Student fees  (Education Code 49010-49013)
17. Reasonable accommodations to a lactating student  (Education Code 222)
18. Regional occupational centers and programs  (Education Code 52300-52334.7)
19. School plans for student achievement as required for the consolidated application for specified federal and/or state categorical funding  (Education Code 64001)
20. School safety plans  (Education Code 32280-32289)
21. School site councils as required for the consolidated application for specified federal and/or state categorical funding  (Education Code 65000)
22. State preschool programs  (Education Code 8207-8225)
23. State preschool health and safety issues in license-exempt programs  (Education Code 8212)
24. Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy
25. Any other state or federal educational program the Superintendent of Public Instruction or designee deems appropriate.

UNIFORM COMPLAINT PROCEDURES

1. Filing a Complaint: Submit a written complaint by following the Uniform Complaint filing procedures.
2. Filing Timeline: The complaint shall be initiated no later than 6 months from the date when the alleged discrimination occurred, or 6 months from the date when the complainant first obtained knowledge of the facts of the alleged discrimination.
3. Mediation: Within three business days after the compliance officer receives the complaint, he/she may informally discuss with all the parties the possibility of using mediation. Mediation shall be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint involving an allegation of sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate.
4. Investigation: Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.
5. Report of Findings: Within 60 days of the report being filed, the compliance officer shall prepare and send to the complainant a written report of the district's investigation and decision.
6. Corrective Actions: When a complaint is found to have merit, the compliance officer shall adopt any appropriate corrective action permitted by law.
7. Appeals: Any complainant who is dissatisfied with the district's final written decision may file an appeal within five business days, file the complaint in writing with the Board.