Important Updates to District Policies and Procedures

Dear SFUSD Students, Families, and Staff,

SFUSD actively takes steps to create safe and welcoming environments for students, staff, and families. We are committed to ensuring every student feels safe and included within our schools. To that end, we are writing to share updates regarding SFUSD’s revised policies: Non-Discrimination Statement, Non-Discrimination/Harassment Policy, Bullying and Harassment Policy, Uniform Complaint Procedures Policy, and Student Sexual Harassment Policy. The updated texts for these policies are included below. In order to comply with state and federal law, this Notification has an addendum attached with the full body of the above-listed policies and administrative regulations below.

In addition, SFUSD has revised the Administrative Regulations for Non-Discrimination/Harassment, Bullying and Harassment, Uniform Complaint Procedure, Williams Complaints, and Student Sexual Harassment. You can visit SFUSD’s website for detailed information about the regulation and resources.

Each policy has links to SFUSD’s website, and each policy can be translated into 11 languages on the website. SFUSD is also updating the District resources to include these policy changes, which can also be found on SFUSD’s website.

UPDATED SEXUAL HARASSMENT POLICY (BP 5145.7)

This Board Policy applies to the San Francisco Unified School District and the County Office of Education.

The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits, at school or at school-sponsored or school-related activities, sexual harassment targeted at any student by anyone. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a Complainant in alleging sexual harassment.

Sexual harassment is a form of sex discrimination under Title IX of the Education Amendments of the Civil Rights Act of 1972 and is prohibited by both federal and state laws. The United States Department of Education, Office for Civil Rights has defined sexual harassment as "unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive, and objectively offensive, that it effectively denies a person equal access to the District's education program and activity. Sexual harassment also includes conduct where a student’s access to District aid, benefit, or services are conditioned on the students participation in unwelcome sexual conduct, or incidents of sexual assault, dating violence, domestic violence, and stalking."

The District strongly encourages students who feel that they are being or have been sexually harassed on school grounds or at school-sponsored or school-related activities by another student or an adult to immediately contact a school site administrator or the District Title IX Coordinator. Any school employee who receives a report from a student or caregiver shall immediately notify the school and District Title IX Coordinator. Once notified, the Title IX Coordinator shall ensure the complaint is addressed through the procedures outlined in Administrative Regulation 5145.71.

Sexual Harassment that does not rise to the level defined under Title IX and this policy, shall be investigated under the District's Bullying & Harassment Board Policy and Administrative Regulation. 

Instruction/Information

The Superintendent or designee shall ensure that all District students receive age-appropriate information on sexual harassment. Such instruction and information shall include:

1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same sex and could involve sexual violence;
2. A clear message that students do not have to endure sexual harassment under any circumstance;
3. Encouragement to report observed incidents of sexual harassment even where the alleged victim of the harassment has not complained;
4. A clear message that student safety is the District's primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated or resolved;
5. A clear message that, regardless of a Complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student shall be investigated and action shall be taken to respond to that harassment, prevent recurrence, and address any continuing effect on students
6. Information about the District's procedure for investigating complaints and the person(s) to whom a report of sexual harassment should be made;
7. Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable.
8. A clear message that, as needed, the District will implement supportive measures to ensure any student who is a Complainant or victim of sexual harassment or a witness to any acts of sexual harassment retains access to the full services and benefits of their educational program.

Response to Report of Sexual Harassment

In the initial contact by the Principal or designee to the Complainant, the Principal or designee will:

(i) inform the Complainant of the availability of supportive measures;

(ii) consider the Complainant's wishes with respect to supportive measures;

(iii) inform the Complainant of the availability of supportive measures with or without the filing of a formal complaint; and

(iv) explain to the Complainant the process for filing a formal complaint.

Principals and/or Title IX Site Officers are responsible for notifying students and parents/guardians that formal complaints of sexual harassment can be filed under this Board Policy and AR 5145.7 and where to obtain a copy of the procedures.

All formal complaints will be reviewed by a district compliance officer to determine if the conduct is within the district's jurisdiction and that it reaches the legal definition of sexual harassment. Complaints that meet this criteria shall be investigated and resolved in accordance with law and District procedures specified within this Board Policy and in Administrative Regulation 5145.7.

The Superintendent or designee shall take appropriate actions to reinforce the District's sexual harassment policy.

Filing a Formal Title IX Complaint

If an individual has been a victim of sexual harassment, they may file a written, formal complaint. A written formal complaint shall be signed by either physical or digital signature and shall be presented to the District Title IX Coordinator, who shall maintain a log of complaints received. For purposes of the formal complaint, the individual who is alleged to be the victim of the conduct that could constitute sexual harassment will be referred to as the "Complainant" and the individual who has been reported to be the perpetrator of the conduct will be referred to as the "Respondent". The filing of a signed formal complaint will trigger the formal grievance investigation and procedures outlined below.

A formal complaint may be filed in person, by mail, or by email with the District Title IX Coordinator. The complaint may also be submitted to your school site administrator or Title IX Coordinator. Any administrator who receives a formal complaint is required to promptly provide the complaint to the District Title IX Coordinator. The Title IX Coordinator can be contacted at:

Office of Equity/Title IX Coordinator
555 Franklin Street, 3rd Floor
Telephone: (415) 355-7334
Fax: (415) 355-7333
Email: equity@sfusd.edu 

All complaints shall be analyzed in accordance with the following criteria:

1. The allegations in the report, if validated through the preponderance of relevant and available evidence, constitutes sexual harassment under federal Title IX regulations and Board Policy; and
2. At the time of filing, the Complainant must be participating in or attempting to participate in an education program or activity provided by the District; and
3. The alleged sexual harassment occurred within the District's jurisdiction as defined by federal Title IX policy, which specifies that the incident must have occurred on school grounds and/or within the District's education programs or activities; and
4. The formal complaint must be made in writing and include the Complainant's (or their legal guardian's) physical or digital signature, or otherwise indicate that the Complainant is the person filing the formal complaint.

In order to provide meaningful due process to all parties, when a Complainant decides to initiate a formal Title IX complaint, the Complainant may not remain anonymous from the Respondent. The Complainant and the Respondent will receive written notice upon the filing of a formal complaint.

The Title IX Coordinator may also sign a formal Title IX complaint when all other circumstances and jurisdictional requirements are met, including consideration of the best interests of the Complaint and the Complainant's wishes regarding how the District responds to the report.

If a Complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, District staff shall assist in filing the complaint.

Formal Grievance Procedure

Upon receipt of any formal complaint that meets the federal criteria for a Title IX violation, the District will conduct an investigation into the allegations and render a determination with regard to those allegations in compliance with this Board Policy and with the procedures detailed in AR 5145.7. If a complaint is determined not to meet the required criteria, it will be investigated under the District's Bullying & Harassment Board Policy and Administrative Regulations by a school administrator or designee.

An investigator will be assigned the task of gathering evidence related to the allegations. The investigation may include interviewing the parties or witnesses, as well as reviewing relevant evidence. All parties will have equal opportunity to present witnesses and any evidence related to the allegations. Ten business days prior to the conclusion of the investigation, the Complainant and Respondent will be provided a copy of the investigative report and the opportunity to provide a written response to the Investigator. The Investigator will create an investigative report that fairly summarizes the relevant evidence. This will be shared with the Complainant and their family in a written investigative report.

After the parties receive the investigative report, the parties will have ten (10) business days to submit to the Decision-Maker written, relevant questions that a party wants asked of any party or witness. The Decision-Maker will determine the relevancy of the questions and allow limited follow-up questions and responses from each party. The report and parties' response will be submitted to the Decision-Maker for deliberation.

The Decision-Maker will conduct an evaluation of all relevant evidence and will issue a written determination regarding responsibility to both parties.

A party may appeal the final determination or dismissal of a complaint within 5 (five) business days of the issuance of the written determination on the following bases:

1. A procedural irregularity occurred that affected the outcome of the matter (ie: the procedure described in this policy was not properly followed);
2. There is new evidence, that was not reasonably available at the time the determination was made, that would affect the outcome of the matter; or
3. The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

The District will provide a response to any appeal within thirty (30) business days.

Dismissal of a Formal Complaint

If the conduct alleged in the formal complaint would not constitute sexual harassment as defined above, did not occur within the District's jurisdiction (ie: in a District education program or activity), or did not occur against a person in the United States, or occurred before August 14, 2020 then the formal complaint must be dismissed. The dismissal of a formal complaint does not preclude action under another provision of District policy. The formal complaint may also be dismissed if a Complainant submits, in writing, their request to withdraw the complaint, if the Respondent is no longer enrolled or employed by the District, or if circumstances prevent the District from gathering evidence sufficient to reach a determination.

Prompt written notice of the dismissal will be sent to the parties should the complaint be dismissed. If the alleged conduct falls under a different District policy, the Office of Equity will refer the complaint to the school site administrator for further follow up and/or investigation.

Informal Resolution

At any time after a formal complaint has been filed, but prior to reaching a determination, the parties may agree to participate in an informal resolution process (such as a mediation or restorative action) that does not involve a full investigation and adjudication process. The District cannot require that parties participate in the informal resolution process. Prior to reaching a resolution, either party may withdraw from the informal resolution process and resume the formal complaint process. If the complaint is determined not to meet the criteria for a Title IX violation, all involved parties may agree to participate in an informal resolution process rather than proceeding to seek formal investigation and resolution through another Board Policy.

This process is not available where the complaint alleges that an employee sexually harassed a student.

Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered to the complainant and the respondent. Supportive measures may include, for example, individualized safety and support plans, wellness check-ins, extensions of deadlines or other course related accommodations, or schedule changes, in accordance with law and Board policy. A formal complaint need not be filed to receive supportive measures. Upon receiving a report of sexual harassment, the District Title IX Coordinator or designee must promptly contact the parties to discuss the availability of supportive measures. The District Title IX Coordinator and Title IX Site Officers are responsible for coordinating the effective implementation of supportive measures. No supportive measures that prevent either the Complainant or Respondent from fully benefiting from the educational program or services will be put in place. No Respondent will be prevented from participating in any school-based program or event without due process.

In the case that an outcome is reached and students will continue to share a learning environment, mediation and/or restorative actions can be considered, depending on the circumstances. The District cannot require either party to participate in a mediation or restorative action. 

Disciplinary Actions

Any student who engages in sexual harassment or sexual violence at school or at a school-sponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action and/or interventions in accordance with board policies. California Education Code also permits discipline for unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the educational setting.  For students in grades 4-12, disciplinary action may include suspension and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be taken into account. Students in all grades may be referred for expulsion if they are found responsible for committing sexual assault as defined in California Education Code 48915(c)(4).

Any staff member found to have engaged in sexual harassment or sexual violence toward any student shall be subject to discipline up to and including dismissal in accordance with applicable policies, laws, and/or collective bargaining agreements.

Individuals experiencing harassment or discrimination also always have the right to file a civil complaint or a formal grievance with the Office for Civil Rights:

U.S. Department of Education
Office for Civil Rights (OCR)
Lyndon Baines Johnson Department of Education Bldg.
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: (800) 421-3481
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

UPDATED SEXUAL HARASSMENT ADMINISTRATIVE REGULATION (AR 5145.7)

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

The complaint procedures described in this administrative regulation shall be used to address any complaint governed by Title IX of the Education Amendments of 1972 alleging that a student, while in an education program or activity in which a district school exercises substantial control over the context and Respondent, was subjected to one or more of the following forms of sexual harassment:

1. A District employee conditioning the provision of an aid, benefit, or service of the District on a student or individual's participation in unwelcome sexual conduct,
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or activity; or
3. "Sexual assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), "dating violence" as defined in 34 U.S.C. 12291(a)(10), "domestic violence" as defined in 34 U.S.C. 1229(a)(8), or "stalking" as defined in 34 U.S.C. 12291(a)(30).

Applicability of Other District Policies

Incidents that do not rise to the level of sexual harassment as defined by Title IX and in Board Policy 5145.7 may violate other District polices and will be addressed accordingly. Conduct that does not meet the criteria outlined in Title IX but that may still cause a substantial interference with a student's health, academic performance, or ability to participate in school services will be investigated by the school site in an accordance with the District's Bullying & Harassment policy (BP 5131.2/AR 5131.2)

Definitions

Formal Title IX Complaint: A document filed by a Complainant alleging sexual harassment against a Respondent and requesting that the District investigate the allegation of sexual harassment. The Title IX Coordinator may also file a formal complaint on behalf of any student or employee.

Sexual Harassment:

The Title IX regulations define sexual harassment as conduct on the basis of sex that satisfies one of more of the following:

1. An employee of the District conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct;
2. Unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
3. "Sexual Assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), "dating violence" as defined in 34 U.S.C. 1229(a)(10), "domestic violence" as defined in 34 U.S.C. 12291(a)(8), or "stalking" as defined in 34 U.S.C. 12291(a)(30).

Conduct that does not fit into the above definition of sexual harassment under Title IX will be investigated under the appropriate board policy.

Sexual Assault: A sexual act directed against another person done without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes the following conduct:

1. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent of the victim.
2. Fondling: The touching of private body parts of another person for the purpose of sexual gratification, without consent of the victim.
3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Dating Violence: Violence committed by a person who is or has been in a relationship of a romantic or intimate nature with the victim.

Domestic Violence: A crime of violence committed by a person who is:

1. A current or former spouse or intimate partner of the victim;
2. A person with whom the victim shares a child in common;
3. A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
4. A person similarly situated to a spouse of the victim under the domestic or family violence laws where the violence occurred; or
5. By any other person against an adult or youth victim who is protected from the person's acts under the domestic or family violence laws where the violence occurred.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety/the safety of others, or suffer substantial emotional distress

Consent: Consent is defined as knowing, voluntary permission through words or actions to engage in sexual activity.  Individuals may perceive and experience the same interaction in different ways.  Therefore it is the responsibility of all parties to determine that the other has consented before engaging in the activity.  Consent is evaluated from the perspective of what a reasonable person of the same age in the same situation would understand as permission, including the context in which the alleged misconduct occurred and any previous patterns that may be relevant.  Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated.  If consent is withdrawn, sexual conduct should cease.  Silence or the absence of resistance alone should not be interpreted as consent, however, while resistance is not required or necessary, it is a clear demonstration of non-consent.  Consent cannot be given by someone who is known, or should have been known to be, mentally, or physically incapacitated.

Education Program or Activity: District jurisdiction in Title IX matters includes locations, events, or circumstances in which the District has exercised substantial control over both the respondent and the context in which the sexual harassment occurred. Some, but not all activities, that are not within the scope of the District's Education Program or Activity are: student or family-hosted events; transportation to/from school not on school-provided transit; and incidents that occur before or after school while off campus.

Supportive Measures: Non-disciplinary, non-punitive individualized services offered to the Complainant and/or the Respondent in order to preserve or restore equal access to the educational program or services. Supportive measures must be offered as appropriate and reasonably available to both parties. Supportive measures cannot unreasonably benefit or punish another student.  All supportive measures will remain confidential to the extent that doing so will not impair the District’s ability to implement supports.

Informal Resolution: Voluntary processes, such as mediation or restorative actions, that may present a way of resolving sexual harassment allegations outside the formal complaint process. Informal resolution may be offered only after a formal complaint has been filed and the parties understand what the grievance process entails and can decide whether to voluntarily attempt informal resolution as an alternative.

Roles

District Title IX Coordinator: The District designates the Title IX Coordinator as the responsible employee to coordinate its efforts to comply with Title IX of the Education Amendments of 1972 and California Education Code 234.1, as well as to coordinate the investigation and resolution of sexual harassment complaints outlined in this policy and in BP 5145.7. The Title IX Coordinator may be contacted at:

Eva Kellogg
Office of Equity/Title IX Coordinator
555 Franklin Street, 3rd Floor
Telephone: (415) 355-7334
Email: Equity@sfusd.edu

Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment, as defined by Title IX and this policy .

Respondent: An individual who has been reported to have performed conduct that could constitute sexual harassment, as defined by Title IX and Board Policy 5145.7.

Initial Evaluator:The individual responsible for receiving and responding to the initial report of sexual harassment. The initial evaluator may be school site personnel or District staff. During the initial evaluation period, this individual shall:

• Inform the Complainant of the availability of supportive measures
• Consider the Complainant's wishes with respect to supportive measures;
• Inform the Complainant of the availability of supportive measures with or without the filing of a formal complaint;
• Explain to the Complainant the process for filing a formal complaint and provide information about the formal grievance procedures
• Refer any formal complaint that is filed to the District Title IX Coordinator, who will review the complaint and determine the appropriate board policy for investigation and follow up. 

Additionally, the Initial Evaluator may:

• Inform the Complainant’s parent/guardian of the allegations.
• Notify the Respondent and the Respondent’s parent/guardian of the allegations.
• Inform the Respondent of the availability of supportive measures.
• File mandated reports as required by California Ed Code and SFUSD Board Policy.

Investigator: The individual responsible for gathering evidence related to the allegations. The investigator will create an investigative report which shall summarize the relevant evidence. The report shall be shared with the Complainant and Respondent and submitted to the Decision-Maker for consideration.

Decision-Maker: The individual responsible for evaluating all relevant evidence in order to make a determination regarding the formal complaint. The Decision-Maker is responsible for issuing a written determination of findings to the parties. The Decision-Maker cannot be the Investigator or the Title IX Coordinator.

Informal Resolution Facilitator:  The individual responsible for gathering input from all Parties in order to draft an Informal Resolution Agreement.  The Informal Resolution Facilitator will present the draft agreement to all Parties and allow them an equal opportunity to comment before the agreement is finalized.

Title IX Appeal Officer: The individual responsible for evaluating any submitted appeals of the final determination of a formal complaint. The Title IX Appeal Officer may not be the investigator, decision-maker, or Title IX Coordinator.

Any individual designated as a Title IX Coordinator, Investigator, Decision-Maker, or Informal Resolution facilitator shall not have any conflict of interest or bias for or against Complainants or Respondents generally or individually.

The District will ensure that all persons serving as Title IX Coordinator, Investigator, Decision-Maker, and/or Informal Resolution Facilitator receives training on:

• The definition of sexual harassment
• The scope of the District’s education program or activity
• How to conduct an investigation and complaint process
• How to serve impartially, including avoiding prejudgment of facts, conflicts of interest, and bias
• How to use any technology that will be used throughout grievance proceedings
• How to address issues of relevance
• How to create an investigative report that fairly summarizes relevant evidence and information

All materials used to train Title IX Coordinators, Investigators, and Decision-Makers, and Informal Resolution Facilitators will not rely upon sex stereotypes and will promote impartial investigations.

Reporting Sexual Harassment

Any person may report sex discrimination, including sexual harassment, at any time in person, by mail, by telephone or by email using the contact information listed below for the Title IX Coordinator.  Reports may also be filed with any SFUSD school’s administration team.  If a District employee becomes aware of a potential Title IX violation, they are responsible for notifying their school site administrator or District Title IX Coordinator.  Regardless of who has made the report, any person who has been the victim of alleged sexual harassment that meets the criteria under Title IX will promptly be contacted by the Title IX Coordinator or designee and will be informed of their right under Title IX to file a formal complaint and the process to do so.

Any time sex discrimination and/or sexual harassment is reported to the school’s administration and/or Title IX Site Officer, the school principal or designee will:

• Inform the Complainant of the availability of supportive measures with or without filing a formal complaint and consider the Complainant's wishes with respect to supportive measures;
• Explain Title IX proceedings and rights to the Complainant; and
• Notify the Complainant of the process for filing a formal complaint, if they choose.

All formal complaints will be reviewed by the District’s Title IX Coordinator to determine if the conduct is within the District’s jurisdiction and if it meets the criteria for sexual harassment under Title IX.  Complaints that meet this criteria shall be investigated and resolved in accordance with law and District procedures specified within Board Policy 5145.7 and in these Administrative Regulations.

Filing a Formal Complaint

If an individual has been a victim of sexual harassment that would violate Board Policy 5145.7, they or their parent/guardian if the victim is a student, may file a written, formal complaint. A written formal complaint shall be signed by either physical or digital signature and shall be presented using the contact information in these regulations to the District Title IX Coordinator, who shall maintain a log of all complaints received. A formal complaint may be filed in person, by mail, or by email with the District Title IX Coordinator. The complaint may also be submitted to your school site administrator or Title IX Site Officer. Any administrator who receives a formal complaint is required to promptly provide the complaint to the District Title IX Coordinator.

The Title IX Coordinator may also sign a formal Title IX complaint when all other circumstances and jurisdictional requirements are met, including consideration of the best interests of the Complainant and the Complainant's wishes regarding how the District responds to the report.

If a Complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, District staff shall assist in filing the complaint.

Upon receipt of a formal complaint, the Title IX Coordinator will evaluate the complaint as filed and gather additional information as needed to determine if it meets the criteria under Title IX.  The filing of a signed formal complaint will trigger the formal complaint procedures outlined below.

All complaints shall be evaluated in accordance with the following:

1. The allegations in the report, if validated through the preponderance of relevant and available evidence, constitutes sexual harassment under federal Title IX regulations and Board policy; and
2. At the time of filing, the Complainant must be participating in or attempting to participate in an education program or activity provided by the District; and
3. The alleged sexual harassment occurred within the District's jurisdiction as defined by federal Title IX policy, which specifies that the incident must have occurred in the United States and on school grounds and/or within the District’s education programs or activities, and
4. The formal complaint must be made in writing and include the Complainant's (or their legal guardian's) physical or digital signature, or otherwise indicate that the Complainant is the person filing the formal complaint.

There is no statute of limitations for the filing of Title IX Complaints as long as the Complainant is enrolled or seeking enrollment or employment in the District.

The District may consolidate formal complaints in the event that allegations of sexual harassment are made against one or more Respondent by the same Complainant, or by more than one Complainant against one or more Respondents, where the allegations of sexual harassment arise out of the same facts or circumstances.

With or without a formal complaint, the District will respond promptly in a manner that is not deliberately indifferent to any reports or actual knowledge of sexual harassment within the educational program against a person in the United States.  The District will treat all Complainants and Respondents equitably by offering supportive measures to all parties, presuming that the Respondent is not responsible for the alleged conduct unless and until a determination regarding responsibility is made at the conclusion of the complaint process, and following a complaint process that complies with 34 CFR 106.45 before the imposition of any disciplinary or punitive actions.

Any complaint that does not meet the criteria for sexual harassment under Title IX or that regards conduct that occurred outside of the District’s educational program or activity will be referred for investigation and follow-up under the appropriate District policy.

Formal Complaint Procedure

Any complaint that is formally filed with the Office of Equity shall be addressed in the manner described below.  For purposes of the formal complaint, the individual who is alleged to be the victim of sexual harassment will be referred to as the "Complainant" and the individual who has been accused of sexual harassment will be referred to as the "Respondent."  Respondents are considered “not responsible” for the alleged conduct unless and until a determination regarding responsibility is made at the conclusion of the complaint process outlined below.

Upon receipt of any formal complaint that meets the federal criteria for a Title IX violation, the District will conduct a prompt and equitable investigation into the allegations and render a determination with regard to those allegations in compliance with 34 CFR 106.45, Board Policy 5145.7, and with the procedures detailed in this Administrative Regulation.

Supportive Measures

When an incident of sexual harassment is reported, the principal/designee or Title IX Coordinator shall take immediate steps to stop the harassment, protect students and/or ensure their access to the education program. The Title IX Coordinator or the principal or designee shall promptly contact the parties to discuss supportive measures. Supportive measures are nondisciplinary, non-punitive individualized services offered to the Complainant and/or the Respondent. A formal complaint need not be filed to receive supportive measures.

In consultation with appropriate school personnel and the Party and/or their parent/guardian, the Title IX Coordinator or their designee shall determine whether supportive measures are necessary to restore or preserve access to the educational program. The Title IX Coordinator, in coordination with school site staff, is responsible for ensuring the effective implementation of supportive measures.

Supportive measures may include but are not limited to:

• Safety plans
• Wellness check-ins
• Extensions of deadlines or other course related accommodations
• Schedule adjustments
• Other appropriate and reasonably available supports

To the extent possible, supportive measures shall not disadvantage the complainant or victim of the alleged harassment nor should they unreasonably burden the Respondent.

The school should notify the Complainant of the options to avoid contact with the Respondent. The school should also ensure that the Complainant is aware of the resources and assistance, such as counseling, that are available to them. As appropriate, supportive measures shall be considered even when a student chooses to not file a formal complaint or when the sexual harassment occurs off school grounds or outside school-sponsored or school-related programs or activities.  Every reasonable effort will be made to keep all supportive measures confidential.

Notice of Investigation and Allegations

If a formal complaint is filed, the Title IX Coordinator shall issue a written Notice of Investigation and Allegations simultaneously to all parties.  This notice shall include:

• Information about the District's complaint process, including any informal resolution processes.
• The allegations potentially constituting sexual harassment with sufficient details known at the time, including the identity of the parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known. Such notice shall be provided with sufficient time for the parties to prepare a response before any initial interview. If, during the course of the investigation, new Title IX allegations arise, the Title IX Coordinator shall provide written notice of the additional allegations.
• A statement that the Respondent is presumed not responsible for the alleged conduct and that determination regarding responsibility is made at the conclusion of the investigation process.
• The opportunity for parties to have an advisor of their choice who may be, but is not required to be, an attorney, and the ability to inspect and review evidence.
• The prohibition against knowingly making false statements or knowingly submitting false information during the complaint process.
• The ability for either party to, at any time, notify the Title IX Coordinator should they have concerns regarding conflict of interest or bias regarding any of the persons involved.

If, in the course of an investigation, the District decides to investigate allegations not included in the original Notice of Investigation and Allegations, the District will provide an amended notice in writing to all parties.

Investigation Procedures

The District, and not any party, maintains the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility.  An investigator will be assigned the task of gathering evidence related to the allegations. The investigation may include interviewing the parties or witnesses, as well as reviewing relevant evidence. All parties will have equal opportunity to present witnesses and any evidence related to the allegations. 

All parties will have the same opportunity to have others present during any complaint proceeding, including the opportunity to be accompanied by their Title IX Advisor. However, the District maintains the right to establish restrictions regarding who may be present at any related proceedings and the extent to which any advisor may participate in proceedings.

The Investigator shall:

• Provide written notice of all investigative interviews or other meetings to any individual whose participation is invited or expected with sufficient time for the party to prepare to participate. Notice will include the date, time, location, participants, and purpose of the meeting.
• Not restrict any party from discussing the allegations under investigation or from gathering and presenting relevant evidence.
• Provide the parties with the same opportunities to have a Title IX Advisor present.  The District shall not limit the choice or presence of advisor for either Complainant or Respondent, though the District may establish restrictions regarding the extent to which the advisor may participate that apply equally to both parties.
• Objectively gather all relevant evidence, including both inculpatory and exculpatory evidence, and determine credibility in a manner that is not based on a person's status as Complainant, Respondent, or Witness.
• Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege. This includes ensuring that the District cannot access, consider, disclose, or otherwise use records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional assisting in treatment to the party unless the District obtains that party’s or their parent’s voluntary, written consent to do so for the complaint process.  

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

The Investigator will summarize all relevant evidence and information in a written investigative report that shall include any evidence that is directly related to the allegations raised in the formal complaint, including evidence the District does not intend to rely upon when reaching a determination of responsibility.  The draft investigation report will be simultaneously provided to both parties and their advisors at least ten (10) days prior to the conclusion of the investigation.  Both parties and their advisors will have an equal opportunity to inspect and review the draft investigation report and submit a written response prior to the finalization of the investigation report and its referral to the Decision-Maker.  The Investigator will review any written response to the draft investigation report and incorporate the information and evidence therein as appropriate.

Determination

A Decision-Maker will be designated to determine responsibility for the alleged conduct.  The Decision-Maker cannot be the same person as the Title IX Coordinator or the Investigator. After the Parties and the Decision-Maker receive the investigative report, the Parties will have ten (10) business days to submit to the Decision-Maker written, relevant questions that a Party wants asked of any Party or witness. The Decision-Maker will determine the relevancy of the questions and allow limited follow-up questions and responses from each Party. Any responses will be submitted to the Decision-Maker to evaluate as appropriate.

The Decision-Maker will carefully review all relevant evidence, including both inculpatory and exculpatory evidence, and provide that credibility determinations are not based on a person’s status as Complainant, Respondent, or witness. Using the “preponderance of evidence” standard, the Decision-Maker will arrive at a determination as to whether there is enough evidence to state that it is more likely than not that the sex discrimination or sexual harassment occurred as alleged.

The Decision-Maker shall simultaneously issue to both Parties a written determination as to whether the Respondent is responsible for the alleged conduct. 

The written determination shall include:

• The allegations potentially constitute sexual harassment as defined in this administrative regulation and 34 CFR 106.30;
• A description of the procedural steps taken from receipt of the formal complaint through the written decision;
• Findings of fact supporting the determination;
• Conclusions regarding the violation of District policy;
• A statement of and rationale for the result as to each allegation, including a decision regarding responsibility;
• Any disciplinary sanctions imposed on the Respondent, and whether remedies designed to restore or preserve equal access to the District’s educational program or activity will be provided; and
• The District’s procedures and permissible bases for appeal.

The determination regarding responsibility becomes final either on the date the District provides the parties with the written determination or, if an appeal is filed, on the date the District provides parties with the written determination of the appeal.

The Title IX Coordinator shall be responsible for coordinating an effective implementation of any remedies outlined by the Decision-Maker.

Appeals

A party may appeal the final determination or dismissal of a complaint within five (5) business days of the issuance of the written determination on the following bases:

1. A procedural irregularity occurred that affected the outcome of the matter (ie: the procedure described in this policy was not properly followed);
2. There is new evidence, that was not reasonably available at the time the determination was made, that would affect the outcome of the matter; or
3. The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or against the individual
   Complainant or Respondent that affected the outcome of the matter.

Upon receipt of an appeal, the District shall:

• Notify any other parties in writing and ensure appeal procedures are implemented equally for all parties,
• Ensure that the Decision-Maker for the appeal is not the same person as the Decision-Maker who reached the initial determination, the Investigator, or the Title IX Coordinator,
• Ensure that the Decision-Maker does not have a conflict of interest or bias for or against Complainants or Respondents individually or in general, and
• Provide all parties with a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.

Any appeal should be filed in writing and state the grounds for the appeal, including any relevant documentation in support of the appeal. 

The Title IX Appeal Officer will provide a written decision describing the result of the appeal and the rationale for that result simultaneously to both parties within 30 days of receipt of the initial appeal.

The District's decision may be further appealed to the California Department of Education within thirty (30) days of the written decision. Either party has the right to file a complaint with the U.S. Department of Education's Office of Civil Rights within one hundred eighty (180) days of the date of the most recently alleged misconduct.

Timeframes

The formal grievance procedure shall be completed within a reasonably prompt timeframe after the submission of a formal complaint. Every effort will be made to complete all procedures, including for filing and resolving appeals and for any informal resolution process, within ninety (90) business days, however this timeframe may extend beyond 90 days for good cause. Good cause may include, but are not limited to, the following considerations: school being out of session; absence of a party or witnesses; delay in scheduling interviews; delays necessary for the adequate translation of any written materials; and/or concurrent law enforcement or other agency activity. In the event of a temporary delay, any Complainant or Respondent will be notified in writing of the extension and the reasons for the action.  Any party may request an informal status report in writing to the Title IX Coordinator at any time throughout the investigation.

Dismissal of a Formal Complaint

The District must investigate the allegations in any formal complaint of sex discrimination or sexual harassment that is submitted to the Office of Equity unless:

• the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this policy
• the conduct did not occur in direct relationship to a District education program or activity, or did not occur against a person in the United States,
• the complainant and/or respondent is no longer enrolled or seeking enrollment in the District

If the conduct as alleged in the formal complaint meets one of the criteria above, then the formal complaint must be dismissed.  The formal complaint may also be dismissed if a Complainant submits, in writing, their request to withdraw the complaint; if the Respondent is no longer enrolled or employed by the District; or if circumstances prevent the District from gathering evidence sufficient to reach a determination.

The dismissal of a formal complaint does not preclude action under another provision of District policy. Incidents that do not rise to the level of sexual harassment as defined in this policy must still be investigated by the school site in an accordance with the District's Bullying & Harassment Policies (BP 5131.2/AR 5131.2). Incidents that occurred prior to August 14, 2020 must still be investigated by the school site in accordance with the previous Board Policy and Administrative Regulation 5145.7

Prompt written notice of the dismissal will be sent to the parties should the complaint be dismissed.  If the alleged conduct falls under a different District policy, the Office of Equity will refer the complaint to the school site administrator for further follow up and/or investigation.

Remedies

Informal Resolution

At any time after a formal complaint has been filed, but prior to reaching a determination, the parties may agree to participate in an informal resolution process (such as a mediation or restorative action) that does not involve a full investigation and adjudication process. The District may not require anyone to waive their right to an investigation as a condition of their enrollment or employment, nor can the District require parties to participate in an informal resolution process.  The District will only undergo an Informal Resolution if it has obtained all parties’ voluntary, written consent.

If all involved parties agree to participate in an Informal Resolution, the District shall provide a written notice including: the allegations; the requirements of the informal resolution process; the circumstances that would preclude the parties from resuming a formal complaint; any party’s right to withdraw from the informal resolution process; and any consequences resulting from participating in the informal resolution process, including notice of the records that will be maintained or could be shared.

Prior to reaching a resolution, either party may withdraw from the informal resolution process and resume the formal complaint process.  If the complaint is determined not to meet the criteria for a Title IX violation, all involved parties may agree to participate in an informal resolution process rather than proceeding to seek formal investigation and resolution through another Board policy. 

As a condition of engaging in Informal Resolution, Parties shall agree that statements made, or evidence shared, during the Informal Resolution process will not be considered during any subsequent Formal Complaint Procedure unless all parties consent.

This process is not available where the complaint alleges that an employee sexually harassed a student.

Emergency Removal

The District may remove a Respondent from the District's programs and activities on an emergency basis whether the grievance process is underway or not.  An emergency removal requires the District to conduct an individualized safety and risk analysis to determine whether the Respondent could pose an immediate threat to the physical health or safety of any student or other individual. An immediate risk may be identified based on the alleged conduct as well as the Respondent's actions and behaviors before or after the incident.

Applicable disability laws must be taken into consideration in the removal decision, and the risk assessment must include a consideration of the appropriateness of supportive measures in lieu of an emergency removal. The Respondent has the right to receive notice of the emergency removal and an opportunity to challenge the decision immediately.

Corrective/Disciplinary Action

The District shall not impose any disciplinary or punitive sanctions against a Respondent, other than supportive measures, until the complaint procedure as outlined above has been completed and a determination of responsibility has been made.

Any student who engages in sexual harassment or sexual violence at school or at a school-sponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action and/or interventions in accordance with board policies. California Education Code also permits discipline for unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the educational setting. 

For students in grades 4-12, discipline for sexual harassment may include suspension and/or expulsion pursuant to California Education Code. If it is determined that a student at any grade level has committed sexual assault or sexual battery at school or a school-sponsored activity, the student shall be recommended for expulsion. 

Other actions that may be taken with a student who is determined to be responsible for sexual harassment include, but are not limited to:

• Transfer from a class or a school
• Parent/guardian conference
• Education of the student regarding the impact of the conduct on others
• Positive behavior support
• Referral of the student to a Student Success Team (SST)
• Denial of participation in extracurricular or co-curricular activities or privileges
• Suspension from school for up to five (5) days

If an employee is found to have committed sexual harassment, sexual violence, or acts of retaliation in response to a complaint of sex discrimination or sexual harassment, the District shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement.

Off-campus/Outside of School-Related Conduct

Any prohibited conduct that occurs off campus or outside of school-related or school-sponsored programs or activities cannot be investigated under Title IX Policy.  However, should conduct occurring outside of the District’s education program or activity cause a continuing effect on any student and/or create a hostile school environment for the Complainant or victim of the conduct, the matter shall be referred to the school site for investigation and follow-up under the District's Bullying & Harassment policy. While discipline is not permitted for conduct that did not occur within the District’s educational program or activities, school sites should nonetheless provide appropriate and reasonable supportive measures and other remedies to any student who reports an off-campus incident.

Mandatory Reporting Requirements

District employees who have reasonable suspicion of child abuse, including sexual abuse, harassment, and assault, shall immediately report that suspicion pursuant to Penal Code 11165.7 and Board Policy 5141.4. A report shall be made regardless of the identity of the accused person, including reports in which the accused person is a District employee, student or third party.

Record-Keeping

For a period of seven (7) years, the District must maintain records of:

• Each sexual harassment investigation including any determination of responsibility and a record of the remedies and/or disciplinary sanctions imposed
• Any appeal
• Any informal resolution
• All materials used to train Title IX Coordinators, Investigators, Decision-Makers, and Informal Resolution Facilitators
• Any actions, including supportive measures, taken in response to any report or formal complaint of sexual harassment, including documentation that its response was not deliberately indifferent and that the District took appropriate measures designed to restore or preserve equal access

Record of these actions will enable the District to monitor, address, and prevent repetitive harassing behavior in District schools. In accordance with District policy, upon completion of the investigation, the Director of Equity will destroy all interview notes and recordings. The rest of the case file will be retained in accordance with the District policy for seven (7) years.

Notice of Sexual Harassment Policies and Procedures

The following information shall be posted publicly on the District website:

1. The name and contact information for the District Title IX Coordinator, including their phone number and email address.
2. The rights of a pupil and the public and the responsibilities of the District under Title IX, including links to those rights and responsibilities as outlined by the Office for Equal Opportunity and the U.S. Department of Education (ED) Office of Civil Rights (OCR)
3. The District's Sexual Harassment policy, including the definition of discrimination and harassment based on sex as described in Section 230 and the rights set forth in EC 234.6(b)(3).
4. Links to the CDE’s Title IX information.
5. Information about how to file a formal Title IX Complaint, including any information regarding statute of limitations and links to the U.S. ED OCR complaints form, their contact information, and any information they provide about how a Complainant might further pursue the complaint.
6. All materials used to train the Title IX Coordinator, Investigators, Decision-Makers, and any person who facilitates an informal resolution process will be made publicly available on the District's website.

In addition, a copy of the District's sexual harassment policy and regulation, as well as a notice that the District does not discriminate on the basis of sex within the education program or activity, shall:

1. Be included in the notifications that are sent to parents/guardians at the beginning of each school year  (Education Code 48980; 5 CCR 4917);
2. Be displayed in a prominent location in the main administrative office or other area where notices of District rules, regulations, procedures, and standards of conduct are posted (Education Code 231.5);
3. Be posted on any District-supported social media regarding topics of sex discrimination or sexual harassment;
4. Be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session (Education Code 231.5);
5. Appear in any school or District publication that sets forth the school's or District's comprehensive rules, regulations, procedures, and standards of conduct (Education Code 231.5);
6. Be included in the student handbook;
7. Be provided to employees and employee organizations;
8. Be posted in every student bathroom or locker room on middle school and high school campuses; and
9. Be provided to applicants for admission and employment, including a statement that the District’s requirement not to discriminate extends to admission and employment.

Any inquiries about the application of Title IX can be referred to the District’s Title IX Coordinator, to the Office of Civil Rights Assistant Secretary, or both.

UPDATED UNIFORM COMPLAINT PROCEDURE POLICY (BP 1312.3)

This Board Policy applies to the San Francisco Unified School District and the County Office of Education, including community school programs and activities

According to state and federal codes and regulations, the programs and activities subject to the Uniform Complaint Procedures are:

1. Accommodations for pregnant and Parenting Pupils
2. Adult Education Programs
3. After School Education and Safety Programs
4. Agricultural Career Technical Education
5. Career technical and technical education and career technical and technical training programs
6. Child care and development programs
7. Compensatory education
8. Consolidated categorical aid programs
9. Course periods without educational content
10. Discrimination, harassment, intimidation, or bullying,  in district programs and activities, including in those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on a person’s actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, physical or mental disability, medical condition, or genetic information; any other characteristic  identified inEducation Code (EC) sections 200 and 220 and Government Code Section 11135, or Penal Code Section 422.55; or based on the  person's association with a person or group with one or more of these actual or perceived characteristics
    
    Discrimination includes, but is not limited to, the Board's refusal to approve the use or prohibit the use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library, on the basis that it includes a study of the role and contributions of any individual or group consistent with the requirements of Education Code 51204.5 and 60040, unless such study would violate Education Code 51501 or 60044. Additionally, discrimination includes, but is not limited to, the Board's adoption or approval of use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library if the use would subject a student to unlawful discrimination pursuant to Education Code 220. A complaint alleging such unlawful discrimination may, in addition to or in lieu of being filed with the district, be directly filed with the Superintendent of Public Instruction (SPI). (Education Code 243, 244)
    
    The UCP shall not be used to investigate and resolve employment discrimination complaints. (5 CCR 4611)
11. Educational and graduation requirements for students in foster care, students experiencing homelessness, students  from military families,  students formerly in a juvenile court school, students who are migratory, and newcomer students
12. Every Student Succeeds Act
13. Instructional Materials and Curriculum: Diversity
14. Local control and accountability plan (LCAP)
15. Migrant education
16. Physical education instructional minutes
17. Student fees
18. Reasonable accommodations to a lactating student
19. Regional occupational centers and programs
20. School plans for student achievement as required for the consolidated application for specified federal and/or state categorical funding
21. School or athletic team names, mascots or nicknames
22. School site councils as required for the consolidated application for specified federal and/or state categorical funding
23. State preschool programs
24. State preschool health and safety issues in license-exempt programs

Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy

Any other state or federal educational program the State Superintendent of Public Instruction (SSPI) of the California Department of Education (CDE) or designee deems appropriate.

Additionally, the District has decided that any appeal of a student expulsion alleging that the Board of Education failed to meet state legal requirements as specifically described in Education Code 48922 will be investigated and resolved by the District in accordance with the specific procedures set forth in AR 1312.3 - Uniform Complaint Procedures.

The District's Responsibilities

The Governing Board recognizes that the District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations. The Board encourages the early, informal resolution of complaints whenever possible and appropriate. To resolve complaints which cannot be resolved through such an informal process, the District shall investigate and seek to resolve, in accordance with the District's approved UCP process, complaints alleging failure to comply with applicable state and federal laws and regulations including, but not limited to, allegations of discrimination, harassment, intimidation, or bullying or noncompliance with laws relating to all programs and activities the District implements that are subject to the UCP. The District developed the UCP process with policies and procedures adopted by the governing board or the authorized designee.

The Board recognizes that alternative dispute resolution (ADR) can, depending on the nature of the allegations, offer a process for resolving a complaint in a manner that is acceptable  to all parties. An ADR process such as  mediation, may  be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint involving sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate. The Superintendent or designee shall ensure that the use of ADR is consistent with federal, state and local laws and regulations.

The District ensures that complainants are protected from retaliation. In investigating complaints, the confidentiality of the parties involved shall be protected as required by law. For any complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the Superintendent or designee shall keep the identity of the complainant, and/or the subject of the complaint if different from the complainant, confidential when appropriate and as long as the integrity of the complaint process is maintained.

The District investigates all allegations of unlawful discrimination, harassment, intimidation or bullying against any protected group. Unlawful discrimination, harassment, intimidation or bullying complaints shall be filed no later than six months from the date the alleged discrimination, harassment, intimidation or bullying occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation or bullying.

All individuals who file a complaint in accordance with the District's Uniform Complaint Procedure are advised of the right to pursue civil law remedies under state or federal discrimination harassment, intimidation or bullying laws, including, but not limited to injunctions, restraining orders, or other remedies or orders that may also be available to complainants.

When an allegation that is not subject to UCP is included in a UCP complaint, the district shall refer the non-UCP allegation to the appropriate staff or agency and shall investigate and, if appropriate, resolve the UCP-related allegation(s) through the district's UCP.

The Superintendent or designee shall provide training to District staff to ensure awareness and knowledge of current law and requirements related to UCP, including the steps and timelines specified in this policy and the accompanying administrative regulation.

The Superintendent or designee shall maintain a record of each Uniform Complaint and subsequent related actions, including steps taken during the investigation and all information required for compliance with state law. All such records shall be destroyed in accordance with applicable state law and District policy.

Other Complaints Not Subject to the Uniform Complaint Procedures

The following complaints shall not be subject to the district's UCP, but shall be referred to and investigated and resolved by the specified agency or through an alternative process:

Child Abuse

Any complaint alleging child abuse or neglect shall be referred to the County Department of Social Services Protective Services Division or the appropriate law enforcement agency. (5 CCR 4611) Additionally, complaints alleging District staff have committed child abuse against students shall be referred to Employee Relations and promptly investigated per Board Policy 4019

Health and Safety Violations by Child Development Program

Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to the Department of Social Services. (5 CCR 4611)

Sexual Harassment

Any complaint alleging that a student, while in an education program or activity was subjected to conduct known to the district that may reasonably constitute sex discrimination under Title IX, including sex-based harassment. Discrimination on the basis of sex includes sex stereotypes; sex characteristics; sexual orientation, including related medical conditions or recovery; and parental, marital, and family status. Such a complaints shall be addressed through the federal Title IX complaint procedures adopted pursuant to 34 CFR 106.44-106.45, as specified in AR 5145.71 - Title IX Sexual Harassment Complaint Procedures and Sex-Based Harassment Complaint Procedures.

Americans with Disabilities Act

Any complaint alleging physical barriers to accessing District programs, services, activities and facilities under the Americans with Disabilities Act and/or Section 504 of the Rehabilitation Act of 1973 will be investigated and resolved by the District in accordance with the procedure specified in AR 1312.5 - ADA Grievance Process.

Section 504

Any complaint alleging disagreements with decisions or actions taken or not taken in regard to a student's Section 504 evaluation or plan under Section 504 of the Rehabilitation Act of 1973 will be investigated and resolved by the District in accordance with the procedure specified in AR 1312.6 - Section 504 Grievance process.

Employment Discrimination or Harassment

Except for complaints alleging sex discrimination, including sex-based harassment any complaint alleging employment discrimination or harassment shall be investigated and resolved by the District in accordance with the procedures specified in AR 4030 - Nondiscrimination in Employment, including notifying the complainant of the right to file the complaint with the California Civil Rights Department  Employment complaints alleging sex discrimination, including sex-based harassment, shall be investigated and resolved as specified in 34 CFR 106.44 and 106.45 and Administrative Regulation 4119. - Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures.

Special Education Complaints

Any complaint alleging a violation of a state or federal law or regulation related to special education, a settlement agreement related to the provision of a free appropriate public education (FAPE), failure or refusal to implement a due process hearing order to which the District is subject, or a physical safety concern that interferes with the District's provision of FAPE shall be submitted to the California Department of Education. (5 CCR 3200-3205), Complaints of discrimination can still be filed in accordance with this policy.

Nutrition Services

Any complaint alleging noncompliance of the district's food service program with laws regarding meal counting and claiming, reimbursable meals, eligibility of children or adults, or use of cafeteria funds and allowable expenses shall be filed with or referred to CDE in accordance with BP 3555 - Nutrition Program Compliance.  (5 CCR 15580-15584)

Any allegation of discrimination based on race, color, national origin, sex, age, or disability in the district's food service program shall be filed with or referred to the U.S. Department of Agriculture in accordance with BP 3555 - Nutrition Program Compliance.  (5 CCR 15582)

UPDATED UNIFORM COMPLAINT PROCEDURE ADMINISTRATIVE REGULATION (AR 1312.3)

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

Except as the Governing Board may otherwise specifically provide in other District policies, these general uniform complaint procedures (UCP) shall be used to investigate and resolve only the complaints specified in BP 1312.3.

Compliance Officers

The District designates the individuals, position(s), and/or units identified below as responsible for coordinating, and investigating complaints and for complying with state and federal civil rights laws. The individuals, positions, or units also serve as the Compliance Officer specified in AR 5145.3, Nondiscrimination/Harassment responsible for handling complaints regarding unlawful discrimination, harassment, intimidation, or bullying and in AR 5145.7 - Sex Discrimination and Sex-Based Harassment for handling complaints regarding sex discrimination and sex-based harassment.

Executive Director of the Office of Equity and/or Title IX Coordinator
555 Franklin Street, 3rd Floor
Telephone: (415) 355-7334
Email: equity@sfusd.edu

Alicia Rodriguez
District 504 Coordinator
1515 Quintara St. San Francisco, CA
Phone: (415) 242-2615, ext. 3011
Email: rodrigueza@sfusd.edu

The Compliance Officer who receives a complaint may assign another compliance officer to investigate and resolve the complaint. The Compliance Officers shall promptly notify the complainant and respondent if another compliance officer is assigned to the complaint.

In no instance shall a compliance officer be designated to a complaint in which the compliance officer has a bias or a conflict of interest that would prohibit the fair investigation or resolution of the complaint. Any complaint against a Compliance Officer or that raises a concern about the compliance officer’s ability to investigate the complaint fairly and without bias shall be filed with the Superintendent or designee who shall determine who the complaint will be investigated.

The Superintendent or designee shall ensure that employees designated to investigate and resolve complaints receive training and are knowledgeable about the laws and programs at issue in the complaints to which they are assigned. Training provided to such employees shall include current state and federal laws and regulations governing the program; applicable processes for investigating and resolving complaints, including those alleging unlawful discrimination, harassment, intimidation, or bullying’ applicable standards for reaching decisions on complaints; and appropriate corrective measures. Assigned employees may have access to legal counsel as determined by the Superintendent or designee.

The Compliance Officer or, if necessary, any appropriate administrator shall determine whether interim measures are necessary during an investigation and while the result is pending. If interim measures are determined to be necessary, the Compliance Officer or the administrator shall consult with the Superintendent, the Superintendent's designee, or, if appropriate, the site principal to implement one or more of the interim measures. The interim measures shall remain in place until the Compliance Officer determines that they are no longer necessary or until the District issues its final written decision, whichever occurs first.

All individuals who file a complaint in compliance with the District’s UCP policy are protected from retaliation. (Education code 234.1, 5 CCR 462.1.) Retaliation is an act of discrimination, coercion, intimidation or threat against a person for the purpose of interfering with the exercise of a protected right, such as making a complaint, testifying, assisting, or participating in an investigation in any matter.

All SFUSD school personnel that witness an act of discrimination, harassment, intimidation, or bullying shall take immediate steps to intervene when safe to do so.

The UCP Annual Notice and Notifications

The District's UCP policy and administrative regulation shall be posted in all District schools and offices, including staff lounges and student government meeting rooms. (Education Code 234.1)

In addition, the Superintendent or designee shall annually provide written notification of the district’s UCP to students, employees, parents or guardians of District students, school and District advisory committee members, school advisory committee members, appropriate private school officials or representatives, and other interested parties by updating SFUSD handbook and websites, and announcing all changes through standard SFUSD parent communication methods.

This notice may be made available on the District's website as well and shall include the following:

1. A statement that the district is primarily responsible for compliance with federal and state laws and regulations, including those related to prohibition of unlawful discrimination, harassment, intimidation, or bullying against any protected group, and a list of all programs and activities that are subject to UCP as identified in “Complaint Subject to UCP” in the accompanying Board Policy;
2. the title of the position responsible for processing complaints, the identity of the person(s) currently occupying that position if known, and a statement that such persons will be knowledgeable about the laws and programs that they are assigned to investigate;
3. A statement that a UCP complaint, except a complaint alleging unlawful discrimination, harassment, intimidation, or bullying, must be filed no later than one year from the date the alleged violation occurred;
4. A statement that a UCP complaint alleging unlawful discrimination, harassment, intimidation, or bullying must be filed no later than six months from the date of the alleged conduct or the date the complainant first obtained knowledge of the facts of the alleged conduct;
5. A statement that a student enrolled in public school shall not be required to pay a fee for participation in an educational activity that constitutes an integral fundamental part of the district’s educational program, including curricular and extracurricular activities;
6. A statement that a complaint regarding student fees or the local control and accountability plan (LCAP) may be filed anonymously if the complainant provides evidence or information leading to evidence to support the complaint;
7. A statement that the district will post a standardized notice of the educational and graduation requirements of foster youth, students experiencing homelessness, children of military families, former juvenile court school students now enrolled in the district, students who are migratory, and newcomer students as specified in Education Codes 48645.7, 48853, 48853.5, 49069.5, 51225.1, and 51225.2 and the complaint process;
8. A statement that complaints will be investigated in accordance with the district’s UCP and a written decision will be sent to the complainant within 60 days from the receipt of the complaint, unless this time period is extended by written agreement of the complainant;
9. A statement that, for the programs within the scope of the UCP as specified in the accompanying Board Policy, the complainant has a right to appeal the district’s investigation report to the California Department of Education (CDE) by filing a written appeal, including a copy of the original complaint and the District’s decision, within 30 calendar days of receiving the district’s decision;
10. A statement advising the complainant of any civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal laws prohibiting discrimination, harassment, intimidation, or bullying, if applicable;
11. A statement that copies of the district’s UCP are available free of charge.

The Superintendent or designee shall ensure that all students and parents/guardians, including students and parents/guardians with limited English proficiency, have access to the relevant information provided in the District's policy, regulation, forms, and notices concerning the UCP.

If 15 percent or more of students enrolled in a particular District school speak a single primary language other than English, the District's policy, regulation, forms, and notices concerning the UCP shall be translated into that language, in accordance with Education Code 234.1 and 48985. In all other instances, the District shall ensure meaningful access to all relevant UCP information for parents/guardians with limited English proficiency.

Filing UCP Complaints

A UCP complaint is a written and signed statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation or bullying. A signature may be handwritten, typed (including in an email) or electronically generated. Some complaints may be filed anonymously. A UCP complaint filed on behalf of an individual student may only be filed by that student or that student's duly authorized representative.

A complainant is any individual, including a person's duly authorized representative or an interested third party, public agency, or organization who files a written complaint alleging violation of federal or state laws or regulations, including allegations of unlawful discrimination, harassment, intimidation or bullying in programs and activities funded directly by the state or receiving any financial assistance from the state.

The complaint shall be presented to the compliance officer who shall maintain a log of complaints received, providing each with a code number and a date stamp. If a site administrator not designated as a compliance officer receives a complaint, the site administrator shall notify the compliance officer.

All complaints, except for those that allege sex discrimination, including sex-based harassment, shall be filed in writing and signed by the complainant. If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, district staff shall assist in the filing of the complaint. (5 CCR 4600; 34 CFR 106.2)

Complaints shall also be filed in accordance with the following rules, as applicable:

1. A complaint alleging district violation of applicable state or federal law or regulations governing the programs specified in the accompanying Board policy may be filed by any individual, public agency, or organization. (5 CCR 4600)
2. Any complaint alleging noncompliance with law regarding the prohibition against student fees, deposits, and charges or any requirement related to the LCAP may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance. A complaint about a violation of the prohibition against the charging of unlawful student fees may be filed with the principal of the school or with the Superintendent or designee.
3. A UCP Complaint, except for a UCP complaint alleging unlawful discrimination, harassment, intimidation, or bullying, shall be filed no later than one year from the date the alleged violation occurred. (5 CCR 4630)

For complaints related to the LCAP, the date of the alleged violation is the date when the County Superintendent of Schools approves the LCAP that was adopted by the Governing Board. (5 CCR 4630)

4. A complaint alleging unlawful discrimination, harassment, intimidation, or bullying may be filed only by a person who alleges having personally suffered unlawful discrimination, a person who believes that any specific class of individuals has been subjected to unlawful discrimination, or a duly authorized representative who alleges that an individual student has been subjected to discrimination, harassment, intimidation, or bullying. (5 CCR 4630)

A complaint alleging unlawful discrimination, harassment, intimidation or bullying complaints shall be initiated no later than six months from the date the alleged unlawful discrimination occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. (5 CCR 4630)

The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.

5. When a complaint alleging unlawful discrimination, harassment, intimidation, or bullying is filed anonymously, the Compliance Officer shall pursue an investigation or other response as appropriate, depending on the specificity and reliability of the information provided and the seriousness of the allegation.
6. When the complainant or alleged victim of unlawful discrimination, harassment, intimidation, or bullying requests confidentiality, the Compliance Officer shall inform the complainant or victim that the request may limit the District's ability to investigate the conduct or take other necessary action.

When honoring a request for confidentiality, the District will nevertheless take all reasonable steps to investigate and resolve/respond to the complaint consistent with the request.

Any complaint seeking to appeal the governing board’s decision to expel a pupil under the criteria of Education Code 48922 must be filed within 30 days of the Board’s vote to expel the pupil. The complainant must indicate the specific basis for the appeal under one or more of the four listed criteria of Education Code 48922.

Mediation

The Compliance Officer may informally discuss with all the parties the possibility of using mediation. Mediation shall be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint involving an allegation of sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate. If the parties agree to mediation, the Compliance Officer shall make all arrangements for this process.

Before initiating the mediation of a complaint alleging retaliation, unlawful discrimination, harassment, intimidation, or bullying, the Compliance Officer shall ensure that all parties agree to permit the mediator to all relevant confidential information. The Compliance Officer shall also notify all parties of the right to end the informal process at any time.

If the mediation process does not resolve the problem within the parameters of law, the Compliance Officer shall proceed with an investigation of the complaint.

The use of mediation shall not extend the District's timelines for investigating and resolving the complaint unless the complainant agrees in writing to such an extension of time. If mediation is successful and the complaint is withdrawn, then the District shall take only the actions agreed to through the mediation. If mediation is unsuccessful, the District shall then continue with subsequent steps specified in this administrative regulation.

Investigating UCP Complaints

The UCP complaint investigation is the District's administrative process for the purpose of gathering data regarding the complaint.

The Compliance Officer shall begin an investigation into the complaint within 10 business days of receiving the UCP complaint.

Within one business day of initiating the investigation, the Compliance Officer shall provide the complainant and/or their representative with the opportunity to present the information contained in complaint to the Compliance Officer and shall notify the complainant and/or their representative of the opportunity to present the Compliance Officer with any evidence, or information leading to evidence, to support the allegations in the complaint. Such evidence or information may be presented at any time during the investigation.

In conducting the investigation, the Compliance Officer shall collect all available documents and review all available records, notes, or statements related to the complaint, including any additional evidence or information received from the parties during the course of the investigation. The Compliance Officer shall individually interview all available witnesses with information pertinent to the complaint, and may visit any reasonably accessible location where the relevant actions are alleged to have taken place.

To investigate a complaint alleging retaliation or unlawful discrimination, harassment, intimidation, or bullying, the Compliance Officer shall interview the alleged victim(s), any alleged offender(s), and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.

All parties involved in the allegations shall be notified when a complaint is filed and when a decision or ruling is made. However, the Compliance Officer shall keep all complaints or allegations of retaliation, unlawful discrimination, or bullying confidential except when disclosure is necessary to carry out the investigation, take subsequent corrective action, conduct ongoing monitoring, or maintain the integrity of the process. (5 CCR 4630, 4964) To resolve a complaint alleging retaliation, unlawful discrimination, or bullying, the Compliance Officer shall interview the alleged victim(s), any alleged offenders, and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.

Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate with the investigation, or any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegation(s).

Refusal by a District employee to provide the investigator with access to records and/or information related to the allegation(s) in the complaint, failure or refusal to cooperate in the investigation, or any other obstruction of the investigation, may result in a finding based on evidence collected that violation has occurred and in the imposition of a remedy in favor of the complainant. (5 CCR 4631)

In appeals of an expulsion decision, the Compliance Officer will collect the expulsion packet and evidence documents, transcript and Board decision. The complainant shall provide information to support their challenge under one or more of the criteria of EC 48922 and the District shall provide responsive relevant information. The complainant shall pay for the expulsion transcript unless the parent or guardian certifies that s/he cannot reasonably afford the cost of the transcript because of limited income or exceptional necessary expenses, or both. (EC 48921) The District shall provide the transcript and records to the Compliance Officer within 10 school days. Within 20 school days of receiving an expulsion appeal complaint, the Compliance Officer shall set a date to meet with the complainant to hear reasons in support of the appeal; and shall also meet with the District representative to follow up on appeal criteria that have been identified by the complainant.

The Compliance Officer shall apply a "preponderance of the evidence" standard in determining the veracity of the factual allegations in a complaint. This standard is met if the allegation is more likely to be true than not.

UCP Complaint Timelines and Resolution

The District will thoroughly investigate the UCP complaint and issue a written Investigation Report to the complainant within 60 calendar days from the date of the receipt of the complaint, unless the complainant agrees in writing to an extension of time. (5 CCR 4631)

This Investigation Report will contain the following elements:

1. The findings of fact based on the evidence gathered;
2. A conclusion that provides a clear determination for each allegation as to whether the District is in compliance with the relevant law;
3. Corrective action(s), if the complaint is found to have meri, including, when required by law, a remedy to all affected students and parents/guardians and, for a student fees complaint, a remedy that complies with Education Code 49103 and 5 CCR 4600;
4. Notice of the complainant's right to appeal the District's Investigation Report to the California Department of Education (CDE), except when the district has used the uCP to address a complaint not specified in 5 CCR 4610; and
5. The procedures to be followed for initiating an appeal to the CDE.

The investigation report may also include follow-up procedures to prevent recurrence or retaliation and for reporting any subsequent problems.

The written report of the investigation and decision for expulsion appeals shall be sent within 23 school days of the District's receipt of the complaint.

In consultation with District legal counsel, information about the relevant part of an Investigation Report may be communicated to a victim who is not the complainant and to other parties that may be involved in implementing the Investigation Report or affected by the complaint, as long as the privacy of the parties is protected. In a complaint alleging unlawful discrimination, harassment, intimidation, or bullying, notice of the investigation report to the alleged victim shall include information about any sanction to be imposed upon the respondent that relates directly to the alleged victim.

If the complaint involves a limited-English-proficient student or parent/guardian and the student involved attends a school at which 15 percent or more of students speak a single primary language other than English, the Investigation Report shall also be translated into that language. In all other instances, the District shall ensure meaningful access to all relevant information for parents/guardians with limited English proficiency.

For complaints alleging unlawful discrimination, harassment, intimidation, or bullying based on state law, the investigation report shall also include a notice to the complainant that:

1. Complainants may pursue available civil law remedies outside of the District's complaint procedures, including but not limited to injunctions, restraining orders, seeking assistance from mediation centers or public/private interest attorneys, 60 calendar days after the filing of an appeal with the CDE. (Education Code 262.3)
2. The 60 days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code 262.3)
3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within 180 days of the alleged discrimination.

Complaints alleging discrimination under the FAIR Act (i.e. allegations that the Board has refused to approve/prohibit the use of a textbook, instructional material, library book, etc., on the basis that it includes “a study of the role and contributions of any individual or group” protected  in the FAIR Act) may be filed with the District or with the State Superintendent of Public Instruction directly. Complaints filed directly with the State Superintendent of Public Instruction shall identify the basis and shall present evidence that supports the basis for filing the complaint directly with the Superintendent.

Notwithstanding the requirements above, for complaints alleging failure to meet the legal requirements outlined in Education Code 48922 (expulsion appeals), the Investigation Report shall include:

1. Findings of fact based on the record of the expulsion hearing (expulsion packet and evidence, hearing transcript, written expulsion findings) and arguments submitted by complainant and the District;
2. Conclusions of law on whether the complaint is supported by one or more of the 4 criteria in Education Code 48922;
3. The disposition of the complaint, and corrective actions if warranted, within the legal options listed in Education Code 48923;
4. The rationale for the decision; and
5. Notice of the complainant's right to appeal the District's decision within 30 calendar days to the CDE and procedures to be followed for initiating such an appeal.

Corrective Actions

When a complaint is found to have merit, the Compliance Officer shall adopt any appropriate corrective action permitted by law. Appropriate corrective actions that focus on the larger school or District environment may include, but are not limited to, actions to reinforce District policies, training for faculty, staff, and students, updates to school policies, or school climate surveys.For complaints involving retaliation, unlawful discrimination, intimidation, harassment, or bullying, appropriate corrective actions that may be offered to the victim but not communicated to the respondent may include, but are not limited to, the following:

1. Counseling;
2. Academic support;
3. Health services;
4. Assignment of an escort to allow the victim to move safely about campus;
5. Information regarding available resources and how to report similar incidents or retaliation;
6. Separation of the victim from any other individuals involved, provided the separation does not penalize the victim;
7. Restorative justice;
8. Follow-up inquiries to ensure that the conduct has stopped and there has been no retaliation; and
9. Determination of whether any past actions of the victim that resulted in discipline were related to the treatment the victim received and described in the complaint.

For complaints involving retaliation, unlawful discrimination, harassment, intimidation, or bullying, involving a student as the respondent, appropriate corrective actions that may be provided to the student include, but are not limited to, the following:

1. Transfer from a class or school as permitted by law;
2. Parent/guardian conference;
3. Education regarding the impact of the conduct on others;
4. Positive behavior support;
5. Referral to a student success team;
6. Denial of participation in extracurricular or co-curricular activities or other privileges as permitted by law;
7. Disciplinary action, such as suspension or expulsion, as permitted by law;
8. Interventions in accordance with board policies.

When an employee is found to have committed retaliation or unlawful discrimination, harassment, intimidation, or bullying, the district shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement.

The District may also consider training and other interventions for the larger school community to ensure that students, staff, and parents/guardians understand the types of behavior that constitute unlawful discrimination, including discriminatory harassment, intimidation, or bullying, that the District does not tolerate it, and how to report and respond to it.

When a complaint is found to have merit, an appropriate remedy shall be provided to the complainant or other affected person.

If a complaint alleging noncompliance with the laws regarding student fees, deposits, and other charges, physical education minutes, courses without educational conduct, or any requirement related to the LCAP is found to have merit, the District shall provide a remedy to all affected students and parents/guardians subject to the procedures established by regulation of the State Board of Education. (Education Code 49013, 51222, 51223, 51228.3, 52075)

For complaints alleging noncompliance with the laws regarding student fees, the District, by engaging in reasonable efforts, shall attempt in good faith to identify and fully reimburse all affected pupils, parents, and guardians who paid the unlawful student fee within one year prior to the filing of the complaint. (Education Code 49013; 5 CCR 4600)

Document Retention

In accordance with District policy, upon completion of the investigation, the Executive Director of the Office of Equity will destroy all interview notes and recordings, unless preservation is necessary to pursue recommended corrective action. The rest of the case file will be retained in accordance with the District policy for 3 years.

UCP Complaint Appeals Process

Any complainant who is dissatisfied with the District's Investigation Report on a complaint regarding any specified federal or state educational program subject to UCP may file an appeal in writing with the CDE within 30 calendar days of receiving the District's Investigation Report. (5 CCR 4632). An appeal is a written and signed request by the complainant to the CDE seeking review of a District's Investigation Report that was issued in response to a properly-filed complaint. A signature may be handwritten, typed (including in an email) or electronically-generated.

The appeal shall be sent with: (1) a copy of the locally filed complaint and (2) a copy of the District's Investigation Report. (5 CCR 4632) The complainant shall specify and explain the basis for the appeal, including at least one of the following:

1. The District failed to follow its complaint procedures, and/or
2. Relative to the allegations of the complaint, the District’s Investigation Report lacks material findings of fact necessary to reach a conclusion of law, and/or
3. The material findings of fact in the District’s Investigation Report are not supported by substantial evidence, and/or
4. The legal conclusion in the Investigation Report is inconsistent with the law, and/or
5. In a case where the District found noncompliance, the corrective actions fail to provide a proper remedy.

Upon notification by the CDE that the District’s Investigation Report has been appealed, the Superintendent or designee shall forward the following documents to the CDE within 10 days of the date of notification: (5 CCR 4633)

1. A copy of the original complaint
2. A copy of the District’s Investigation Report
3. A copy of the investigation file including, but not limited to, all notes, interviews, and documents submitted by the parties and gathered by the investigator
4. A report of any action taken to resolve the complaint
5. A copy of the District's Uniform Complaint Procedures
6. Other relevant information requested by the CDE

If notified by CDE that the District's Investigation Report failed to address allegation(s) raised by the complaint, the District shall, within 20 days of the notification, provide CDE and the appellant with an amended investigation report that addresses the allegation(s) that were not addressed in the original investigation report. The amended report shall also inform the appellant of the right to separately appeal the amended report with respect to the allegation(s) that were not addressed in the original report. (5 CCR 4632)

Filing a UCP Complaint Regarding Health and Safety in License-Exempt Preschool Programs

Any complaint regarding health or safety issues in a license exempt California State Preschool Program (CSPP) shall be addressed through the procedures in 5 CCR 4690-4694.

In order to identify appropriate subjects of CSPP health and safety issues pursuant to Health and Safety Code 1596.7925, a notice shall be posted in each license-exempt CSPP classroom in the District notifying parents/guardians, students, and teachers of the health and safety requirements of Title 5 regulations that apply to CSPP programs pursuant to Health and Safety Code 1596.7925 and the location at which to obtain a form to file any complaint alleging noncompliance with those requirements. For this purpose, the Superintendent or designee may download and post a notice available from the CDE website. (Education Code 8212; 5 CCR 4691)

The District's annual UCP notification distributed pursuant to 5 CCR 4622 shall clearly indicate which of its CSPP programs are operating as exempt from licensing and which CSPP programs are operating pursuant to requirements under Title 22 of the Code of Regulations. (5 CCR 4691)

Any complaint regarding specified health or safety issues in a license-exempt CSPP program shall be filed with the preschool program administrator or designee, and may be filed anonymously. The complaint form shall specify the location for filing the complaint, contain a space to indicate whether the complainant desires a response to the complaint, and allow a complainant to add as much text as desired to explain the complaint. (Education Code 8212; 5 CCR 4690)

If it is determined that the complaint is beyond the authority of the preschool program administrator, the matter shall be forwarded to the Superintendent or designee in a timely manner, but not to exceed 10 working days for resolution.

The preschool administrator or the Superintendent or designee shall make all reasonable efforts to investigate any complaint within their authority. (Education Code 8212; 5 CCR 4692). Investigation of a complaint regarding health or safety issues in a license-exempt CSPP program shall begin within 10 days of receipt of the complaint. (Education Code 8212; 5 CCR 4692)

The preschool administrator or designee shall remedy a valid complaint within a reasonable time period not to exceed 30 working days from the date of the complaint was received. If the complainant has indicated on the complaint form a desire to receive a response to the complaint, the preschool administrator or Superintendent's designee shall, within 45 working days of the initial filing of the complaint, report the resolution of the complaint to the complainant and CDE’s assigned field consultant. If the preschool administrator makes this report, the information shall be reported at the same time to the Superintendent or designee. (Education Code 8212;5 CCR 4692)

If a complaint regarding health or safety issues in a license-exempt CSPP program involves an LEP student or parent/guardian, then the district's response, if requested by the complainant, and the investigation report shall be written in English and the primary language in which the complaint was filed.

Filing an Appeal Regarding UCP State Preschool Health and Safety Issues

A complainant not satisfied with the resolution of the preschool program administrator or the designee of the District Superintendent has the right to describe the complaint at a regularly scheduled hearing of the Board. A complainant will not be precluded from filing an appeal to the State Superintendent of Public Instruction (SSPI) if the complainant does not file a local appeal.

A complainant who is not satisfied with the resolution proffered by the preschool program administrator or the designee of our Superintendent has the right to file an appeal to the SSPI within 30 calendar days of the date of the investigation report

The complainant shall comply with the same appeal requirements of 5 CCR section 4632 as in the section above "UCP Complaint Appeal Process."

The complainant shall include a copy of the Investigation Report and specify and explain the basis for the appeal, including at least one of the following:

1. The preschool program administrator or the designee of our superintendent failed to follow its complaint procedures, and/or
2. The Investigation Report lacks material findings of fact necessary to reach a conclusion of law, and/or
3. Material findings of fact in the Investigation Report are not supported by substantial evidence, and/or
4. The legal conclusion in the Investigation Report are not supported by substantial evidence, and/or
5. If the preschool program is found noncompliant, the corrective actions fail to provide a proper remedy.

On a quarterly basis, the Superintendent or designee shall report summarized data on the nature and resolution of all CSPP health and safety complaints, including the number of complaints by general subject area with the number of resolved and unresolved complaints, to the Board at a regularly scheduled Board meeting and to the County Superintendent. (5 CCR 4693)

All complaints and responses are public records. (5 CCR 4690)

UPDATED WILLIAMS COMPLAINT ADMINISTRATIVE REGULATION (AR 1312.4)

This Regulation applies to the San Francisco Unified School District and the County Office of Education.

This Regulation outlines the rules and instructions for the filing, investigation and resolution of a Williams complaint regarding alleged deficiencies related to:

• instructional materials,
• the condition of a facility that is not maintained in a clean or safe manner or in good repair, and
• teacher vacancy or misassignment

The District adopted the Uniform Complaint Procedures (UCP) process in accordance with Chapter 5.1 (commencing with Section 4680) of the California Code of Regulations, Title 5, to resolve Williams complaints. This Regulation presents information about how the District processes complaints concerning Williams Settlement issues. A UCP complaint is a written and signed statement by a complainant alleging a violation of state laws or regulations. A complainant is any individual, including a person's duly authorized representative or an interested third party, public agency, or organization who files a written complaint alleging violation of state laws or regulations, regarding alleged deficiencies related to instructional materials, the condition of a facility that is not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment. If a complainant is unable to put the complaint in writing, due to a disability or illiteracy, District staff shall assist the complainant in the filing of the complaint.

The Responsibility of the District

The District is required to have local policies and procedures that enable Williams Complaints to be handled through our UCP process, to post a classroom notice informing parents, guardians, pupils, and teachers of their rights to file a Williams complaint in each classroom in each school, and to provide a complaint form for Williams complaints regarding alleged deficiencies related to instructional materials, conditions of facilities that are not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment. 

If a response is requested by the complainant, the response will go to the mailing address of the complainant indicated on the complaint.

If Education Code Section 48985 is applicable and 15 percent or more of the pupils in grade K-12 enrolled in our District speak a language other than English, the Williams Complaint Classroom notice and the Williams Complaint Form shall be written in English and in the primary language of the complainant. The complaint response, if requested, and final report shall be written in English and the primary language in which the complaint was filed.

A Williams Complaint about problems beyond the authority of the school principal shall be forwarded in a timely manner, but will not exceed 10 working days, to the appropriate school District official for resolution.

The principal or the designee of the District superintendent, as applicable, shall make all reasonable efforts to investigate any problem within their authority.

The principal or, where applicable, District superintendent or their designee shall remedy a valid complaint within a reasonable time period but not exceed 30 working days from the date the complaint was received.

The principal, or where applicable, District superintendent or their designee, shall report to the complainant the resolution of the complaint within 45 working days of the initial filing, if the complainant identifies themselves and requested a response.

If the principal makes this report to the complainant; the principal shall also report the same information in the same timeframe to the District superintendent or his or her designee.

The school District shall report summarized data on the nature and resolution of all complaints on a quarterly basis to the county superintendent of schools and the governing board of the school District.

The summaries shall be publicly reported on a quarterly basis at a regularly scheduled meeting of the governing board of the school District.

The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints.

The complaints and responses shall be available as public records. 

The Williams Complaint Classroom Notice

The Williams Complaint Classroom Notice is posted in each classroom in each school in the District and includes:

• a statement that the notice is for parents, guardians, students, and teachers,
• a statement proclaiming that there should be sufficient textbooks and instructional materials,
  (For there to be sufficient textbooks and instructional materials each pupil, including English Learners, must have a textbook or instructional materials, or both, to use in class and to take home)
• a statement that school facilities must be clean, safe, and maintained in good repair,
• a statement that there should be no teacher vacancies or misassignments, and
• the location at which to obtain a form to file a complaint in case of a shortage.
  (Posting a notice downloadable from the Web site of the CDE shall satisfy this requirement.) (Education Code 35186, 35186.5)

The Williams Complaint Form

The Williams Compliant form is available for parents, guardians, students, and teachers to use. The Superintendent or designee shall ensure a Williams complaint form is available at each school and that the District's complaint form includes:

• a section to indicate if a response if requested,
• a section for contact information including mailing address if a response is requested.
• a statement that a pupil, including an English Learner, does not have standards - aligned textbooks or instructional materials or state adopted or District adopted textbooks or other required instructional materials to use in class
• a statement that a pupil does not have access to textbooks or instructional materials to use at home or after school. This does not require two sets of textbooks or instructional materials for each pupil.
• a statement that textbooks or instructional materials are in poor or unstable condition, having missing pages, or are unreadable due to damage.
• a statement that a pupil was provided photocopied sheets from only a portion of a textbook or instructional materials to address a shortage of textbooks or instructional materials.
• a statement that a condition poses an urgent or emergency threat to the health or safety of pupils or staff, including: gas leaks, nonfunctioning heating, ventilation, fire sprinklers or air-conditioning systems, electrical power failure, major sewer line stoppage, major pest or vermin infestation, broken windows or exterior doors or gates that will not lock and that pose a security risk, abatement of hazardous materials previously undiscovered that pose an immediate threat to pupils or staff, structural damage creating a hazardous or uninhabitable condition, and any other emergency conditions the school District determines appropriate.
• a statement that a school restroom has not been maintained or cleaned regularly, is not fully operational, or has not been stocked at all times with toilet paper, soap, and towels or functional hand dryers.
• a statement that a school serving any of grades 3-12 has not, at all times, stocked all women's restrooms, all gender-neutral restrooms, and at least one men's restroom with menstrual products and made those products available to students at no cost.
• a statement that the school has not kept all restrooms open during school hours when pupils are not in classes, and has not kept a sufficient number of restrooms open during school hours when pupils are in classes. This does not apply when temporary closing of the restroom is necessary for pupil safety or to make repairs.
• a statement that a semester begins and a teacher vacancy exists. (A position to which a single designated certificate employee has not been assigned at the beginning of the year for an entire year or if the position is for one - semester course, a position of which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester).
• a statement that a teacher who lacks credentials or training to teach English Learners is assigned to teach a class with one or more English learner pupils in the class. This subparagraph does not relieve a school district from complying with state or federal law regarding teachers of English learners.
• a statement that a teacher is assigned to teach a class for which the teacher lacks subject matter competency.
• a section to identify the location of the school in which the alleged violation took place,
• a section to identify the course or grade level, if applicable,
• a section where the complainant describes the specific nature of the complaint in detail,
• a statement that the complainant may include as much text as the complainant feels is necessary, and 
• a statement identifying the place to file the complaint that includes the office and address of the principal or his/her designee of the school in which the alleged violation took place.
• After July 1, 2026, a statement that the school has failed to provide and maintain at least one all-gender restroom for pupil use which (1) has signage identifying the bathroom facility as being open to all genders and in conformity with Title 24 of the California Code of Regulations; (2) is available for pupil use, as unlocked, unobstructed, easily accessible by any pupil, and consisting with existing pupil access to sex-segregated restrooms; (3) is consistent with the requirements of EC 35292.6; (4) is available during schools hours and school functions when pupils are present.

Filing a Williams Complaint

A Williams complaint shall be filed with the principal or designee at the school in which the complaint arises and may be filed anonymously.

The complaint need not use the Williams Complaint form to file a complaint.

How to Appeal a Williams Complaint

A complainant who is not satisfied with the resolution of the principal or the District superintendent or his or her designee, involving deficiencies related to instructional materials, the condition of a facility that is not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment, has the right to describe the complaint to the governing board of the school District at a regularly scheduled meeting of the governing board.

A complainant who is then not satisfied with the resolution proffered by the principal, or the District superintendent or their designee, involving a condition of a facility that poses an emergency or urgent threat, as defined in paragraph (1) of subdivision (c) of EC Section 17592.72, has the right to file an appeal to the State Superintendent of Public Instruction at the California Department of Education (CDE) within 15 days of receiving the District's decision. The complainant shall comply with the appeal requirements of 5 CCR Section 4632.

Conditions that pose an emergency or urgent threat (not cosmetic or nonessential) to the health and safety of pupils or staff while at school include the following:

• Gas leaks.
• Nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems.
• Electrical power failure.
• Major sewer line stoppage.
• Major pest or vermin infestation.
• Broken windows or exterior doors or gates that will not lock and that pose a security risk.
• Abatement of hazardous materials previously undiscovered that pose an immediate threat to students or staff.
• Structural damage creating a hazardous or uninhabitable condition.

In regards to the resolution proffered by the principal, or the district superintendent or his or her designee, involving a condition of a facility that poses an emergency or urgent threat, the complainant shall comply with the appeal requirements of 5 CCR Section 4632.

The complainant shall specify the basis for the appeal of the District's decision and whether the facts are incorrect and/or the law is misapplied.

The appeal shall be accompanied by:

1. A copy of the original locally filed complaint; and
2. A copy of the District's decision of the original locally filed complaint.

A complaint that more than one pupil does not have sufficient textbooks or instructional materials as the result of an act by the governing board of a school district, or the governing board's failure to act to remedy the deficiency, may be filed with the Superintendent directly. A complaint filed pursuant to this subdivision shall identify the basis for filing the complaint directly with the Superintendent. The complainant shall present the Superintendent with evidence that supports the basis for the direct filing. 

 

UNIFORM COMPLAINT ANNUAL NOTICE 2025-2026

The San Francisco Unified School District annually notifies our students, employees, parents or guardians of its students, the district advisory committee, school advisory committees, appropriate private school officials, and other interested parties of our Uniform Complaint Procedures (UCP) process. The UCP Annual Notice is available on our website.

We are primarily responsible for compliance with federal and state laws and regulations, including those related to unlawful discrimination, harassment, intimidation or bullying against any protected group, and all programs and activities that are subject to the UCP.

Programs and Activities Subject to the UCP

• Accommodations for Pregnant and Parenting Pupils
• Adult Education
• After School Education and Safety
• Agricultural Career Technical Education
• Career Technical and Technical Education and Career Technical and Technical Training Programs
• Child Care and Development Programs
• Compensatory Education
• Consolidated Categorical Aid Programs
• Course Periods without Educational Content
• Discrimination, harassment, intimidation, or bullying against any protected group as identified under sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, 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 program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from any state financial assistance.
• Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families, pupils formerly in Juvenile Court now enrolled in a school district, pupils who are migratory, and pupils participating in a newcomer program.
• Every Student Succeeds Act
• Instructional Materials and Curriculum: Diversity
• Local Control and Accountability Plans (LCAP)
• Migrant Education
• Physical Education Instructional Minutes
• Pupil Fees
• Reasonable Accommodations to a Lactating Pupil
• Regional Occupational Centers and Programs
• School Plans for Student Achievement
• Schoolsite Councils
• School or athletic team names, mascots, or nicknames
• State Preschool
• State Preschool Health and Safety Issues in LEAs Exempt from Licensing
• And any other state or federal educational program the State Superintendent of Public Instruction (SSPI) or designee deems appropriate.

Additionally, the District has decided that any appeal of a student expulsion alleging that the Board of Education failed to meet state legal requirements as specifically described in Education Code 48922 will be investigated and resolved by the District in accordance with the specific procedures set forth in AR 1312.3 - Uniform Complaint Procedures.

Filing a UCP Complaint

A UCP complaint shall be filed no later than one year from the date the alleged violation occurred.

For complaints relating to Local Control and Accountability Plans (LCAP), the date of the alleged violation is the date when the reviewing authority approves the LCAP or annual updat that was adopted by our agency.

A pupil enrolled in any of our public schools shall not be required to pay a pupil fee for participation in an educational activity.

A pupil fee complaint may be filed with the principal of a school or our superintendent or their designee.

A pupil fee or LCAP complaint may be filed anonymously, that is, without an identifying signature, if the complainant provides evidence or information leading to evidence to support an allegation of noncompliance.

Contact Information

Complaints within the scope of the UCP are to be filed with the person responsible for processing complaints:

Eva Kellogg
Executive Director of the Office of Equity and/or Title IX Coordinator
555 Franklin Street, 3rd Floor San Francisco, CA
Telephone: (415) 355-7334
Email: equity@sfusd.edu

Alicia Rodriguez
District 504 Coordinator
1515 Quintara St. San Francisco, CA
Phone: (415) 242-2615, ext. 3011
Email: rodrigueza@sfusd.edu

The above contacts are knowledgeable about the laws and programs that they are assigned to= investigate in the San Francisco Unified School District.

Responsibilities of the San Francisco Unified School District

We shall post a standardized notice, in addition to this notice, with educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families, pupils formerly in Juvenile Court now enrolled in a school district, pupils who are migratory, and pupils participating in a newcomer program.

We advise complainants of the opportunity to appeal an Investigation Report of complaints regarding programs within the scope of the UCP to the California Department of Education(CDE).

We advise complainants of civil law remedies, including injunctions, restraining orders, or other remedies or orders that may be available under state or federal discrimination, harassment, intimidation, or bullying laws, if applicable.

Copies of our UCP procedures shall be available free of charge.

For UCP Complaints Regarding State Preschool Health and Safety Issues Pursuant to Section 1596.7925 of the California Health and Safety Code (HSC)

In order to identify appropriate subjects of state preschool health and safety issues pursuant to Section 1596.7925 of the California Health and Safety Code (HSC) a notice shall be posted in each California state preschool program classroom in each school in our agency. The notice is in addition to this UCP annual notice and addresses parents, guardians, pupils, and teachers of (1) the health and safety requirements under Title 5 of the California Code of Regulations (5 CCR) that apply to California state preschool programs pursuant to HSC Section 1596.7925, and (2) the location at which to obtain a form to file a complaint.