When formal complaints are filed with the Mariposa County Unified School District, there are board policies and regulations in place which direct staff on how to proceed with the filed complaints.
Marcia Miller, Deputy Superintendent for MCUSD, was on hand during the school board meeting in on Nov. 13 to provide information on four key board policies and administrative regulations related to various types of formal complaints.
“We’ve put together a presentation that helps enhance understanding around our complaint processes,” Miller said.
“It’s was recommended I start with the four that I’m going over but it’s important to know there’s more.”
Complaints against employees
“The first and most common type of complaint is complaint against an employee,” Miller explained.
Board policy/administrative regulation 1312.1 describes the procedure for addressing complaints about district employees which includes employee behavior (excluding discrimination or UCP matters).
“This is basically the process for addressing any complaint about a district employee that isn’t considered discrimination, sexual harassment, or that isn’t something that would be handled under UCP (uniform complaint procedures),” said Miller.
This process promotes early, informal resolution and investigations are generally concluded within 30 days with a written decision given to both the complainant and respondent.
If an appeal was to take place, the appeal would go to the governing board with the board’s decision being conclusive.
Uniform Complaint Procedures
BP/AR 1312.3 ensures district compliance with state and federal laws and educational program requirements.
This covers programs, civil rights violations and retaliation under UCP jurisdiction.
“These are the procedures that we have to follow to manage complaints that have to do with district compliance with state and federal laws and educational program requirements,” Miller continued.
“There’s about 24 different complaints that fall under this and most of them have to do with programs.”
The process includes filing a complaint filed with compliance officer which typically includes an investigation and written report within 60 days (unless extended) with mediation available.
Appeals are made to the California Department of Education (CDE).
“Each type of complaint has its own requirements based on the type of complaint,” Miller said.
“When someone brings a complaint forward, the first thing I do is meet with the person because I need to work with them to figure out what type of complaint it is so we know which policy to use.”
Nondiscrimination in Employment
BP/AR 4030 prevents and addresses discrimination, harassment and retaliation in employment.
This covers job applicants and district employees.
The process involves the compliance coordinator (Miller) overseeing investigations and includes prompt inquiry, written findings and corrective action.
“If the complaint is substantiated there is typically some type of corrective action,” Miller said.
The appeal options include the governing board/Department of Fair Employment Housing/Equal Opportunity Commission.
“The appeal process varies based on the specifics,” said Miller.
Nondiscrimination/Harassment
The purpose of BP/AR 5145.3 is to protect students from discrimination, harassment, intimidation and bullying.
This covers all students.
The process includes a Title IX coordinator/compliance officer.
Complaints are routed by way of Title IX or UCP depending on nature with prompt investigation and remedies.
This policy includes privacy and name/pronoun protections.
Appeals go to the governing board/CDE.
“This is kind of a pass through because it tells you if you it should go to UCP or Title IX,” Miller explained.
“Title IX has to do with sexual harassment or discrimination.”
The reasons
Why MCUSD directs those with concerns to the site/department when possible is this often allows issue to be resolved more quickly and efficiently and ensures that those directly involved have a chance to understand the concern as well as work toward a solution.
This route also respects the governance role of the board (focus should be policy and direction, not day-to-day operations).
It’s also important to build trust and communication which builds better long-term understanding.
Procedures are in place to handle issues that cannot be resolved at site/departmental level.
The processes
The district attempts to avoid costly and time-consuming formal complaints.
“We try to foster a culture of early, informal resolution and we provide regular training,” Miller said.
Strengthening communication and documentation practices while building trust through equity and transparency also contribute to avoiding costly and time-consuming formal complaints.
“We want to make access to help easy and non-adversarial,” Miller said.
“We try really hard to do our best to make sure that concerns are addressed at the cite or department level where they started which often allows for the issue to be resolved more quickly and efficiently.”
Trustee Jenni Moore shared appreciation for the presentation.
“I think that really helps to support people to direct their concerns appropriately and be able to work toward resolution, Moore said.
The full presentation as well as MCUSD board policies are available to view online at go.boarddocs.com/ca/mcusd/Board.nsf/Public
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