UNIFORM COMPLAINT PROCEDURES
The district's uniform complaint procedures (UCP) shall be used to investigate and resolve the following complaints:
Any complaint alleging district violation of applicable state or federal law or regulations governing adult education programs, After School Education and Safety programs, agricultural vocational education, American Indian education centers and early childhood education program assessments, bilingual education, peer assistance and review programs for teachers, career technical and technical education and training programs, child care and development programs, child nutrition programs, compensatory education, consolidated categorical aid programs, Economic Impact Aid, English learner programs, federal education programs in Title I-VII, migrant education, Regional Occupational Centers and Programs, school safety plans, special education programs, State Preschool Programs, Tobacco-Use Prevention Education programs, and any other district-implemented program which is listed in Education Code 64000(a)
Any complaint alleging the occurrence of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) against any student, employee, or other person participating in district programs and activities, including, but not limited to, those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on the person's actual or perceived characteristics of race, color, ancestry, national origin, ethnicity, age, religious creed, pregnancy, childbirth, termination of pregnancy, or lactation, including related medical conditions and recovery; parental, family or marital status, physical or mental disability, medical condition, genetic information, military and veteran status, sex, sex stereotypes, sex characteristics, sexual orientation, gender, gender identity, gender expression, or association with a person or group with one or more of these actual or perceived characteristics, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on his/her association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610) California Fair Employment and Housing Act (FEHA) Government Code 12900-12996; 34 CFR 106.2 and 106.10
Any complaint alleging district noncompliance with the requirement to provide reasonable accommodation to a lactating student on school campus to express breast milk, breastfeed an infant child, or address other breastfeeding-related needs of the student (Education Code 222)
Any complaint alleging district noncompliance with the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities (5 CCR 4610)
Any complaint alleging district noncompliance with legal requirements related to the implementation of the local control and accountability plan (Education Code 52075)
Any complaint, by or on behalf of any student who is a foster youth, alleging district noncompliance with any legal requirement applicable to the student regarding placement decisions, the responsibilities of the district's educational liaison to the student, the award of credit for coursework satisfactorily completed in another school or district, school transfer, or the grant of an exemption from Board-imposed graduation requirements (Education Code 48853, 48853.5, 49069.5, 51225.1, 51225.2)
Any complaint, by or on behalf of a homeless student as defined in 42 USC 11434a, a former juvenile court school student, or a child of a military family as defined in Education Code 49701 who transfers into the district after his/her second year of high school, alleging district noncompliance with any requirement applicable to the student regarding the award of credit for coursework satisfactorily completed in another school or district or the grant of an exemption from Board-imposed graduation requirements (Education Code 51225.1, 51225.2)
Any complaint alleging district noncompliance with the requirements of Education Code 51228.1 and 51228.2 that prohibit the assignment of a student in grades 9-12 to a course without educational content for more than one week in any semester or to a course the student has previously satisfactorily completed, without meeting specified conditions (Education Code 51228.3)
Any complaint alleging district noncompliance with the physical education instructional minutes requirement for students in elementary school (Education Code 51210, 51223)
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
The Governing Board designates the following compliance officer(s) to receive and coordinate investigation of and response to complaints and to ensure District compliance with law:
Student and Parent Concerns:
Don Wilkinson, Director of Student Services,
15576 Main St., Hesperia, CA 92345
(760) 244-4411, ext. 7316
Don.Wilkinson@hesperiausd.org
Hesperia Unified School District's hiring process:
Chris Mauger, Director of Personnel
15576 Main St., Hesperia, CA 92345
(760) 244-4411, ext. 7331
Chris.Mauger@hesperiausd.org
Section 504 of the Rehabilitation Act of 1973:
Eric Land, Director of Special Services
15576 Main St., Hesperia, CA 92345
(760) 244-4411, ext. 7209
Eric.Land@hesperiausd.org
Reporting and Filing of Complaints
A complaint alleging retaliation, unlawful discrimination, harassment, intimidation, or bullying must be filed no later than six (6) months from the date the alleged conduct occurred, or six (6) months from the date the complainant first obtained knowledge of the facts of the alleged unlawful conduct. The time for filing may be extended for up to ninety (90) days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.
Complaints should be filed in writing and signed by the complainant. If a complainant is unable to put his/her complaint in writing, for example, due to conditions such as a disability or illiteracy, District staff shall assist him/her in the filing of the complaint.
If a complaint is not filed in writing but the District receives notice of any allegation that is subject to the UCP, the District shall take affirmative steps to investigate and address the allegations, in a manner appropriate to the particular circumstances.
If the allegation involves retaliation, unlawful discrimination, harassment, intimidation or bullying, and the investigation confirms that such conduct has occurred, the District will take steps to prevent recurrence of such conduct and correct its discriminatory effects on the complainant, and on others, if appropriate.
HUSD Resources
Board Policy, Administrative Regulation, and Exhibit – 1312.3
Community Resources
District Parent and Student Handbook
District Poster
UCP Poster
HUSD Anonymous Reporting Link
OTHER RESOURCES
OCR Websites:
Title IX https://sites.ed.gov/titleix/
Policy https://sites.ed.gov/titleix/policy/
CDE Websites:
Gender Equity/Title IX https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp