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Uniform Complaint Procedures

The Newport-Mesa Unified School District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages the early, informal resolution of complaints whenever possible and appropriate. 

Uniform Complaint Procedures BP 1312.3
Uniform Complaint Procedures AR 1312.3

Uniform Complaint Procedures (UCP) have been adopted to resolve complaints which cannot be resolved through the informal process. BP 1312.3 and AR 1312.3 outline how complaints alleging violation of state or federal laws governing educational programs, allegations of unlawful discrimination, harassment, intimidation, and bullying, the charging of unlawful pupil fees and the non-compliance of the Local Control and Accountability Plan (LCAP) are addressed. 

General information

The district shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination against any protected group as identified under Education Code 200 and 220 and Government Code 11135, including actual or perceived sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability, or age, bullying or when a charge of an impermissible fee is alleged, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics in any district program or activity that receives or benefits from state financial assistance. (5 CCR 4610). 

Uniform complaint procedures shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in adult education programs, consolidated categorical aid programs, migrant education, career technical and technical education and career technical and technical training programs, child care and development programs, child nutrition programs, and special education programs. (5 CCR 4610)

types of uniform complaints

The Uniform Complaint Procedures shall be used when addressing complaints alleging failure to comply with state and/or federal laws in: 

  • Adult Education  
  • After School Education and Safety 
  • Career Technical Education 
  • Child Care and Development Programs including state preschool  
  • Consolidated Categorical Programs 
  • Discrimination, Harassment, Intimidation, Bullying, and Title IX
  • ESEA Titles I-VII 
  • Foster and Homeless Youth 
  • Local Control Funding Formula and Local Control Accountability Plans 
  • Migrant Education 
  • Nutrition Services - USDA Civil Rights 
  • Regional Occupational Centers and Programs 
  • School Facilities 
  • Special Education 
  • Tobacco-Use Prevention Education Program 
  • Unlawful Pupil Fees

The Governing Board affirms the right of every student to be protected from hate-motivated behavior. It is the intent of the Board to promote harmonious relationships that enable students to gain a true understanding of the civil rights and social responsibilities of people in our society. Behavior or statements that degrade an individual on the basis of his/her race, ethnicity, culture, heritage, gender, sexual orientation, physical/mental attributes, religious beliefs or practices shall not be tolerated.

Hate Motivated Behavior - Students BP 5145.9

Every student is entitled to a safe school environment free from discrimination, harassment, intimidation, and bullying.  The Governing Board prohibits bullying and intimidation. Education Code 48900(r), Board Policies (BP) 5131, 5131.2, 5137, 5144, 5145.3, 1312.3, and Administrative Regulations (AR) 5144, 5145.3, 1312.3 define and govern bullying and intimidation.

Bullying includes, but is not limited to, discrimination, harassment, intimidation and bullying based on the actual or perceived characteristics set forth in Penal Code Section 422.55 and Education Code section 220, such as disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.

No student or group of students shall, through physical, written, verbal, or other means, harass, sexually harass, threaten, intimidate, cyberbully, cause bodily injury to, or commit hate violence against any other student or school personnel.

School personnel must immediately intervene if they witness an act of discrimination, harassment, intimidation or bullying, provided it is safe to do so. 

Acts of discrimination or bullying should be brought to the attention of the principal. You may make an anonymous complaint by contacting the principal.  Complaints of bullying or discrimination will be considered confidential. However, it may be necessary to disclose certain information in order to effectively investigate.

Students who violate the District’s policies on bullying or discrimination may be subject to discipline, including suspension and expulsion.

The District prohibits retaliation against individuals who make complaints of bullying or provide information related to such complaints.

Anyone who feel that they are being or have been bullied or intimidated on school grounds or at school-sponsored or school-related activity is encouraged to immediately contact their teacher, principal, or any other available school employee. All allegations of bullying and intimidation will be investigated in accordance with the law and District procedures.  

BP 5131 Student Conduct
BP 5131.2 Bullying
BP 5137 Positive School Climate
BP 5144 Discipline
AR 5144 Discipline
BP 5145.3 Nondiscrimination/Harassment
AR 5145.3 Nondiscrimination/Harassment

uniform complaint procedure

To file a Uniform Complaint related to discrimination/harassment/Title IX, or pupil fees, please complete and submit the appropriate form below. 

All other Uniform Complaints must be submitted in writing.

Complaints alleging discrimination, harassment, intimidation, or bullying must be filed within six (6) months from the date the alleged discrimination, harassment, intimidation, or bullying  occurred, or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying, unless the time for filing is extended by the superintendent or his or her designee. A pupil fee complaint shall be filed no later than one year from the date the alleged violation occurred. 

Complaints regarding pupil fees and/or the Local Control Accountability Plan may be filed anonymously if the complainant provides evidence or information leading to evidence to support the complaint.  A pupil fees complaint may be filed with the school site principal.

UCP Discrimination/Harassment/Title IX Complaint Reporting Form (English)
UCP Discrimination/Harassment/Title IX Complaint Reporting Form (Español)
UCP Form for Filing Complaints Re: Fees (English)
UCP Form for Filing Complaints Re: Fees (Español)
FAQ Re: Fees

Submit forms/complaints to:  

Sarah Coley
Administrative Director I, Student Services
2985 Bear Street, Costa Mesa, CA 92626     

The compliance officer shall hold an investigative meeting within five (5) days of receipt of the complaint or within five (5) days of an unsuccessful mediation in which the impartial compliance officer collects information from each party and from witnesses identified by the parties separately in private interviews and then analyzes it to reach a determination. To ensure that all pertinent facts are made available, the compliance officer and the complainant may ask other individuals to attend this meeting and provide additional information. 

Within sixty (60) days of receiving the complaint, the compliance officer shall prepare and send to the complainant a written report of the District’s investigation and decision.  

Appeals to the California Department of Education:       
If the complainant is dissatisfied with the District decision may appeal in writing to the California Department of Education within fifteen (15) days of receiving the District’s decision. When appealing to the California Department of Education, the complainant must specify the reason(s) for appealing the district’s decision and must include copies of the complaint and the District’s decision. In addition, the complainant has the right to contact the Office of Civil Rights or the Equal Employment Opportunity Commission to file a claim. 

A complainant may pursue available civil law remedies outside of the District’s complaint procedures. Complainants may seek assistance from mediation centers or public/ private interest attorneys. Civil law remedies that may be imposed by a court include, but are not limited to, injunctions and restraining orders. For discrimination complaints, however, a complainant must wait until 60 days have elapsed from the filing of an appeal with the California Department of Education before pursuing civil law remedies. The moratorium does not apply to injunctive relief and is applicable only if the District has appropriately, and in a timely manner, apprised the complainant of his/her rights to file a complaint in accordance with 5 CCR 4622. (EC Section 262.3) 

Contact Us

Sarah Coley
Administrative Director I, Student Services
2985 Bear Street
Costa Mesa, CA 92626