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District

District Formal Complaint - Title IX and Uniform Complaints

UNIFORM COMPLAINT PROCEDURE

The Governing Board recognizes that the district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages the early resolution of complaints whenever possible. To resolve complaints which may require a more formal process, the Board adopts the uniform system of complaint processes specified in 5 CCR 4600-4670 and the accompanying  administrative regulation. 

A Uniform Complaint alleges a violation of federal or state laws governing educational programs, including allegations of unlawful discrimination, harassment, intimidation, bullying, and failure to comply with laws relating to pupil fees. 

WHO ARE THE UNIFORM COMPLAINT COMPLIANCE OFFICERS AND HOW DO I FILE A UNIFORM COMPLAINT? 

A student, parent, guardian, employee, individual or organization may file a written complaint under the District’s Uniform Complaint Procedure by sending a complaint to one of the compliance officers below. The Uniform Complaint form linked here may be used

Darlene Avalos
Senior Director, Human Resources
San Rafael City Schools
310 Nova Albion Way
San Rafael, CA 94903
415-492-3207
davalos@srcs.org

Susan Akram
Director, Student Services
San Rafael City Schools
310 Nova Albion Way
San Rafael, CA 94903
415-492-3528
sakram@srcs.org

The Uniform Complaint Procedure is available here: BP    AR  E(1)   E(2)

If you need assistance putting your complaint in writing, please contact the Superintendent’s Office at communications@srcs.org. You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information.

For information about how to file other types of complaints and the procedures for those complaints, please contact the District Office at  (415) 492-3233.

HOW WILL A COMPLAINT BE INVESTIGATED? 

Complaints filed under the District’s Uniform Complaint Procedure will be investigated and a decision made within sixty calendar days of the District’s receipt, unless the complainant agrees to an extension. The District’s compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses. The compliance office may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred. As appropriate, the District’s compliance officer periodically will inform the parties of the status of the investigation. The complainant will be notified when a decision is made.

Complaints that are not filed under the District’s Uniform Complaint Procedures will be investigated and decided pursuant to the applicable procedure.

WHAT HAPPENS WHEN THE INVESTIGATION IS COMPLETE? 

For complaints filed under the Uniform Complaint Procedures, the compliance officer will prepare and send a final written decision to the complainant and respondent, if any, within sixty calendar days of the District’s receipt of the complainant (unless this deadline is extended by mutual agreement).

If the complainant or respondent is not satisfied with the decision, either the complainant or respondent may, within five business days, file the complaint in writing with the Board. The Board may consider the matter at its next regular Board meeting or at a special Board meeting convened in order to meet the 60-day time limit within which the complaint must be answered. When required by law, the matter shall be considered in closed session.  The Board may decide not to hear the complaint, in which case the compliance officer's decision shall be final.

The complainant or respondent may appeal the District’s decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the District’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the District and a copy of the District’s decision. For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures.

For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers, or public/private interest attorneys, sixty calendar days after filing an appeal with the California Department of Education. (California Education Code § 262.3). Note that this sixty day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (California Education Code §262.3).

Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within 180 days of the alleged discrimination. For contact information, see the section above on “How do I file a complaint of sex discrimination?” for more information.

If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action. 

BULLYING PREVENTION

San Rafael City Schools recognizes the harmful effects of bullying on student learning and school attendance and desires to provide safe school environments that protect students from physical and emotional harm. Student safety is a high priority and bullying of any student is not tolerated. 

This would encompass discrimination, harassment, intimidation or bullying related to 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).

Below is the San Rafael City Schools’ Bullying Prevention Board Policy. To file a formal complaint, please follow the attached Uniform Complaint Procedures as outlined in the attached document.

HOW DO I GET MORE INFORMATION ABOUT UNIFORM COMPLAINTS? 

For more information regarding Uniform Complaints, please contact the District’s Title IX Coordinator, Susan Akram, at 415-492-3528 or sakram@srcs.org.

TITLE IX

Title IX sex based discrimination is prohibited. What is Title IX?

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex-based discrimination in all educational programs and activities, including athletic programs. No person shall, on the basis of sex, be excluded participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity operated by the District. Title IX protects all participants in the District’s educational programs and activities, including students, parents, employees, and job applicants. The District does not discriminate on the basis of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.

In addition to Title IX, the California Education Code prohibits discrimination on the basis of sex in schools. (California Education Code §§ 220-2221.1) Other state and federal laws also prohibit discrimination and ensure equality in education.

Please refer to the following Board Policies (BP) and Administrative Regulations (AR) for more information on the District’s anti- discrimination policies:  

0410 Nondiscrimination in District Programs and Activities     BP
1312.3 Uniform Complaint Procedures  - BP    AR  E(1)   E(2)
5131.2 Bullying - BP     AR
5145.3 Nondiscrimination/Harassment - BP      AR
5145.7 Sexual Harassment  - BP       AR
5145.71 Title IX Sexual Harassment Complaint Procedures   - AR     E
5146 Married/Pregnant/Parenting Students  - BP     AR

Title IX information provided here applies to every school site and to all District programs and activities.

WHAT ARE MY RIGHTS UNDER TITLE IX?

You have the following rights under Title IX, to the extent applicable at the District:

  • You have the right to fair and equitable treatment and you shall not be discriminated  against based on your sex
  • You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics
  • You have the right to inquire of the athletic director of your school or appropriate District personnel as to the athletic opportunities offered by the school
  • You have the right to apply for athletic scholarships if the District offers any
  • You have the right to receive equitable treatment and benefits in the provision of all of the following related to athletics, if any are provided by the District:
    • Equipment and supplies;
    • Scheduling of games and practices;
    • Transportation and daily allowances;
    • Access to tutoring;
    • Coaching;
    • Locker rooms;
    • Practice and competitive facilities;
    • Medical and training facilities and services; and
    • Publicity.
  • You have the right to have access to a sex/gender equity coordinator, referred to as the Title IX Coordinator, to answer questions regarding sex/gender equity laws
  • You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on sex/gender equity laws
  • You have the right to file a confidential discrimination complaint with the United States Department of Education Office for Civil Rights or the California Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex
  • You have the right to pursue civil remedies if you have been discriminated against
  • You have the right to be protected against retaliation if you file a discrimination complaint (California Education Code § 221.8)

The District has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. The District must resolve complaints of sex discrimination promptly and equitably. Information on filing a complaint alleging sex-based discrimination is below, including contact information for the District’s Title IX Coordinator.

For more information specific to anti-discrimination in District employment, please contact the Title IX Coordinator (listed below).

Learn more about your rights under Title IX:

Review related District policies and regulations:

  • 0410 Nondiscrimination in District Programs and Activities     BP
  • 1312.3 Uniform Complaint Procedures  - BP    AR  E(1)   E(2)
  • 5131.2 Bullying - BP     AR
  • 5145.3 Nondiscrimination/Harassment - BP      AR
  • 5145.7 Sexual Harassment  - BP       AR
  • 5145.71 Title IX Sexual Harassment Complaint Procedures   - AR     E
  • 5146 Married/Pregnant/Parenting Students  - BP     AR

WHO ARE THE TITLE IX COMPLIANCE OFFICERS AND HOW DO I FILE A TITLE IX COMPLAINT? 

A student, parent, guardian, employee, individual or organization may file a written complaint alleging discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic under the District’s Uniform Complaint Procedure by sending a complaint to one of the compliance officers below. The Uniform Complaint form linked here may be used

Darlene Avalos
Senior Director, Human Resources
San Rafael City Schools
310 Nova Albion Way
San Rafael, CA 94903
415-492-3207
davalos@srcs.org

Susan Akram
Director, Student Services
San Rafael City Schools
310 Nova Albion Way
San Rafael, CA 94903
415-492-3528
sakram@srcs.org

The Uniform Complaint Procedure is available here: BP    AR  E(1)   E(2)

If you need assistance putting your complaint in writing, please contact the Superintendent’s Office at communications@srcs.org. You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information.

District employees have participated in the following Title IX training: The Title IX Team and Profess for K-12 Districts

You may also file a discrimination complaint with the U.S. Department of Education Office of Civil Rights, within 180 days of the alleged discrimination. The electronic complaint form for the Office of Civil Rights.

Contact the Office for Civil Rights at:

San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102
Telephone: (415-486-5555)
FAX: (415) 486-5570; TDD: (800) 877-8339
Email: ocr.sanfrancisco@ed.gov

For information about how to file other types of complaints and the procedures for those complaints, please contact the District Office at  (415) 492-3233.

HOW DO I GET MORE INFORMATION ABOUT TITLE IX? 

For more information regarding Title IX and sex equity in education or in District employment, please contact the District’s Title IX Coordinator, Susan Akram, at 415-492-3528 or sakram@srcs.org.