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.

Board Policy (BP) 1312.3 - Uniform Complaint Procedures (UCP) has been adopted to resolve complaints which cannot be resolved through the informal process. BP 1312.3 outlines 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)

uniform complaint procedure

Investigation of Complaint:

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.

Written Decision:

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)

how to file a uniform complaint

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)

Submit forms/complaints to:

Sarah Coley
Administrative Director I, Student Services
2985 Bear Street, Costa Mesa, CA 92626
714-424-5016
scoley@nmusd.us