Complaint Procedures

Notice of Complaint Procedures

The Arcata School District shall follow the uniform complaint procedure described below when addressing complaints alleging unlawful discrimination based on actual or perceived gender, sexual orientation, ethnic group identification, race, ancestry, national origin, religion, color, mental or physical disability, age, 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 that receives or benefits from state financial assistance. The uniform complaint procedure described below shall also be used when addressing complaints alleging failure to comply with state and /or federal laws in consolidated categorical aid programs, migrant education, career technical and technical education and training programs, child care and developmental programs, child nutrition programs, special education programs, and federal safety planning requirements. Individuals, agencies, organizations, students and interested third parties have the right to file a complaint using this procedure described below. The Arcata School District shall have the primary responsibility to ensure compliance with applicable state and federal laws and regulations.

Complaints must be filed in writing and with the appropriate compliance officer identified below. Complaints alleging discrimination must be filed not later than six (6) months from the date the alleged discrimination occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination, unless the time for filing is extended by the Arcata School District Superintendent or his or her designee.

Complaints will be investigated and a written decision sent to the complainant within sixty (60) days from the receipt of the complaint. This sixty (60) day time period may be extended by written agreement of the complainant. The Arcata School District’s person responsible for investigating the complaint shall conduct and complete the investigation in accordance with sections 4680-4687 and in accordance with local procedures adopted under section 4621. If the complainant is not satisfied with the local educational agency’s decision, the complainant may file within fifteen (15) days of receipt of the decision a written appeal with the California Department of Education (CDE) in Sacramento, California. The appeal to CDE must include a copy of the locally-filed complaint and a copy of the Arcata School District decision.

Complainants may also pursue available civil law remedies, including, but not limited to, injunctions, restraining orders or other orders in federal or state court. Further information about such remedies may be available through a public or private interest attorney, the County Lawyer Referral Service, Legal Aide Society, a mediator, or dispute resolution service.

A copy of the Arcata School District’s policy and complaint procedures may be obtained, free of charge, through the office of the Superintendent of the Arcata School District.

Compliance Officer: Luke Biesecker, Superintendent

Address: 1435 Buttermilk Lane, Arcata, CA 95521

Telephone: (707) 822-0351, ext. 101

Complaints Against School Personnel

The Board of Directors trust its employees and support any reasonable action that they might take in order to free themselves from unnecessary or negative criticisms or complaints. Whenever a complaint is made directly to the Board, it will be referred to the school administration to investigate for a possible solution. The individual employee involved shall be advised of the nature of the complaint and be given every opportunity to explain, comment and present the facts as they see them.

If it appears necessary, the administration, the person making the complaint and/or the employee involved, may request an Executive Session of the Board of Directors to ask for further study or a decision. Generally, all parties involved are asked to attend such a meeting. Hearsay, rumor and emotional feelings are discounted except those relevant to the situation. The Board will conduct the meeting as fairly as possible and may request a third party to act as moderator to help them reach a satisfactory solution.