4030.1 - Complaints Concerning Discrimination in Employment

Any complaint by an employee or job applicant alleging discrimination, harassment or retaliation shall be addressed in accordance with the following procedures: 

1. Notice and Receipt of Complaint: Any employee or job applicant (the "complainant") who believes he/she has been subjected to prohibited discrimination, harassment or retaliation shall promptly inform his/her supervisor or the SBCSS Coordinator for Nondiscrimination in Employment.

The complainant may file a written complaint in accordance with this procedure, or if he/she is an employee, may first attempt to resolve the situation informally with his/her supervisor. 

A supervisor or manager who has received information about an incident of discrimination, harassment or retaliation, or has observed such an incident, shall report it to the Coordinator, whether or not the complainant files a written complaint. 

The written complaint shall contain the complainant's name, the name of the individual who allegedly committed the act, a description of the incident, the date and location where the incident occurred, any witnesses who may have relevant information, other evidence of the discrimination, harassment or retaliation, and any other pertinent information which may assist in investigating and resolving the complaint. 

2. Investigation Process: The Coordinator shall initiate an impartial investigation of an allegation of discrimination, harassment or retaliation within five school days of receiving notice of the behavior, regardless of whether a written complaint has been filed or whether the written complaint is complete.

The Coordinator or designee shall meet with the complainant to describe SBCSS complaint procedure and discuss the actions being sought by the complainant in response to the allegation. The Coordinator or designee shall inform the complainant that the allegations will be kept confidential to the extent possible, but that some information may be revealed as necessary to conduct an effective investigation. 

If the Coordinator or designee determines that a detailed fact-finding investigation is necessary, he/she shall begin the investigation immediately. As part of this investigation, the Coordinator or designee should interview the complainant, the person accused, and other persons who could be expected to have relevant information. 

When necessary to carry out his/her investigation or to protect employee or student safety, the Coordinator may discuss the complaint with legal counsel for SBCSS or the SBCSS Risk Manager.

The Coordinator also shall determine whether interim measures, such as scheduling changes, transfers, or leaves, need to be taken before the investigation is completed to ensure that further incidents do not occur. The Coordinator shall ensure that such interim measures do not constitute retaliation. 

3. Written Report on Findings and Corrective Action: No more than 60 days after receiving the complaint, the Coordinator or designee shall conclude the investigation and prepare a written report of his/her findings. This timeline may be extended for good cause. If an extension is needed, the Coordinator shall notify the complainant and explain the reasons for the extension.

The report shall include the decision and the reasons for the decision and shall summarize the steps taken during the investigation. If a determination has been made that discrimination, harassment or retaliation occurred, the report also shall include any corrective action(s) that have been or will be taken to address the behavior, correct the effect on the complainant, and ensure that retaliation or further discrimination or harassment does not occur. Specific personnel actions taken with respect to an employee shall not be disclosed to the complainant. 

The report shall be presented to the complainant, the person accused, and the County Superintendent or designee. 

4. Appeal to the County Superintendent: The complainant or the person accused may appeal any findings to the County Superintendent or designee no more than 10 working days of receiving the written report of the findings. An appeal shall be provided to the Coordinator and shall include the basis or reason for the appeal, meaning a statement or explanation as to why the person appealing disagrees with the findings. The Coordinator will provide the County Superintendent or designee with the appeal and all information presented during the investigation. Upon receiving an appeal, the County Superintendent or designee will consider the matter as soon as practicable, and may schedule a meeting with the person appealing if needed. Within 10 working days of receiving the appeal from the Coordinator or meeting with the person appealing, whichever is later, the Superintendent or designee will render a decision, which shall be final.

Other Remedies

In addition to filing a discrimination or harassment complaint with SBCSS, a person may also file a complaint with either the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). The time limits for filing such complaints are as follows:

1. 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 (Government Code 12960).
2. To file a valid complaint directly with EEOC, within 180 days of the alleged discriminatory act{s) (42 USC 2000e-5).
3. 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).

Approved: September 15, 1994
Revised: July 22, 2014 
Revised: May 9, 201