Uniform Complaint Procedures
The Sacramento City Unified School District (“District”) has recently updated its Uniform Complaint Procedures (“UCP”), BP/AR 1312.3. Please review the attached revised AR 1312.3.
Under the UCP, the District shall investigate complaints alleging failure to comply with applicable state and federal laws and regulations and/or alleging discrimination, harassment, intimidation and/or bullying. The district shall follow Uniform Complaint Procedures when addressing complaints alleging unlawful discrimination, harassment, intimidation, and/or bullying regarding or based on, actual or perceived characteristics. Please see the attached policy for the updated list of protected characteristics.
When the District receives any report of discrimination or harassment, including that based upon a student’s actual or perceived disability, the principal or compliance officer shall inform the student and parent/guardian of the right to file a complaint pursuant to District AR 1312.3. All investigations of complaints asserting discrimination or harassment based upon actual or perceived disabilities must be conducted pursuant to the District’s UCP in order for the District to meet its obligations under Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990. Section 504 prohibits discrimination on the basis of disability in programs and activities operated by recipients of Federal financial assistance. Likewise, Title II prohibits public entities from discriminating against disabled individuals. The District, as a recipient of federal funds and a public entity, is obligated to comply with Section 504 and Title II.
Substantive changes to AR 1312.3 include, but are not limited to, the following:
Deletion of language allowing parties to question each other and each others witnesses at the investigative meeting.
Clarification that information, including disciplinary action taken against an employee, may be shared with complainant when necessary to provide sufficient notice that a hostile environment has been effectively eliminated, as well as to others who may be involved in implementation of a decision.
Clarification that the 60 day waiting period for filing a complaint for civil law remedies does not apply to federal civil law remedies.
Should you have any questions or comments relating to this matter, or would simply like to discuss it further, please contact the Legal Services Office. Thank you.