Complaint Procedures
The District values the working partnership between staff, parents, and the community, and strives to ensure that concerns are addressed as quickly and effectively as possible. Conflict situations are bound to arise in the operation of the schools and facilities. It is recognized that any such conflict or complaints are best resolved at the level of the individual school site or department where the problem originated. Furthermore, it is normally desirable for conflicts or complaints to be resolved on an informal basis, through direct discussions among the interested parties or with the help of administrators, counselors, and/or community personnel. The District, therefore, strongly encourages open dialogue and collaboration to resolve concerns as they arise, at the lowest level through informal processes, at the school site or department where the concern initiated.
We understand, however, that there are occasions when best efforts do not always resolve concerns, and some circumstances may require a more formal process.
Below is a list of the District’s various complaint procedures, along with a brief description of each, to help guide you in selecting the procedure most suitable to your particular situation:
Complaints Concerning School Personnel – Board Policy / Administrative Regulation 1312.1
This complaint procedure is a generalized complaint procedure intended to address complaints by any person or group having a legitimate interest in the school (normally a parent or student) concerning the action(s) of District personnel in the course of their District duties. This procedure is not meant to address concerns regarding discrimination/harassment/intimidation/bullying, or violations of law.Nondiscrimination in Employment – Board Policy / Administrative Regulation 4030
This complaint procedure is utilized to address complaints from employees, job applicants, interns, volunteers, or persons contracted to provide services to the District, which allege discrimination in their employment, such as unwelcome acts of physical, verbal, or visual harassment based on an employee’s or applicant’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age (over 40), sexual orientation, or sex, by someone in or from the District.Nondiscrimination/Harassment (Students) – Board Policy / Administrative Regulation 5145.3
This complaint procedure is to be utilized by students and/or their parents/guardians for all allegations of conduct which constitute unlawful discrimination or harassment (including discriminatory harassment, intimidation, and bullying, targeted at any student by anyone, based on the student's actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or association with a person or group with one or more of these actual or perceived characteristics) related to school activity or to school attendance occurring within a District school, under the jurisdiction of the Superintendent of Modesto City Schools, and to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school.
Sexual Harassment (Employees) – Board Policy / Administrative Regulation 4119.11 / 4219.11 / 4319.11
This complaint procedure is to be utilized by all District employees, interns, volunteers, contractors, job applicants, and other persons with an employment relationship with the District for complaints alleging sexual harassment, (i.e., harassment that is based on the sex, gender, gender identity, gender expression, or sexual orientation of the victim and harassment based on pregnancy, childbirth, or related medical conditions). This complaint procedure may also be utilized for complaints alleging retaliatory behavior or action against any person who complains, testifies, or otherwise participates in the complaint process established for the purpose of this policy.Sexual Harassment (Students) – Board Policy / Administrative Regulation 5145.7
This complaint procedure is to be utilized by any student complainant or victim, or the student’s parent/guardian for allegations they are being or have been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult, or who has experienced off-campus sexual harassment that has a continuing effect on campus.Uniform Complaint Procedure – Board Policy / Administrative Regulation 1312.3
The Uniform Complaint Procedure is a specialized complaint procedure utilized to address specific types of complaints alleging violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation, or bullying. The specific types of complaints that are subject to the Uniform Complaint Procedure are enumerated in section 33315(a)(1) of the California Education Code. [5 CCR §4610(b)]