Complaints

Notice of Student Nondiscrimination/Notice of Nondiscrimination

Davis Joint Unified School District is committed to making the schools free from unlawful discrimination and providing equal opportunities for all individuals in education. The District prohibits discriminatory practices whose purpose or effect has a negative impact on the student’s academic performance, or of creating an intimidating, hostile or offensive educational environment. The District promotes programs that ensure that discriminatory practices are eliminated in all district activities. Any student who engages in discrimination of another student or anyone from the district may be subject to disciplinary action up to and including expulsion.

Any employee who permits or engages in discrimination may be subject to disciplinary action up to and including dismissal. A student or parent/guardian who believes that discrimination has occurred may contact the principal for immediate resolution at the site. A student or parent/guardian is not required to attempt resolution through the school site before contacting the District Title IX Coordinator.

What is a complaint?

Generally, a complaint is an oral or written statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation or bullying. A complaint can be pursued by following the complaint procedures listed below. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, District staff shall assist the complainant in the writing of the complaint.

Questions? Please call the Student Support Services at (530) 757-5300 ext. 140

GENERAL COMPLAINT

Any staff member, parent, student, community member or applicant who has a complaint regarding an employee, a district policy, or other condition of the Davis Joint Unified School District may submit the complaint by completing the COMPLAINT FORM [English] [Spanish] and filing it with the school principal or appropriate District administrator. 

If your complaint alleges an issue of discrimination or failure to comply with certain specified state or federal laws, please use the Federal/State Uniform Complaint Form instead of this form.

Informal Complaint

We encourage you to talk to the school employee directly involved in the situation that is causing your complaint.

Here’s an example:

1.If your complaint is about something that happened in a classroom or the school site, talk to the teacher. If the teacher does not resolve your complaint, talk to the school principal.

2.If your complaint is about a principal or a district problem, call the District Office at: 530-757-5300. Talk to the office in charge of what you are complaining about:

Business Services:  ext. 122
Human Resources: ext. 105
Instructional Services/Curriculum: ext. 144
Special Education: ext. 113
Student Support Services (health, behavior, counseling, discipline):  ext. 140

If talking to the school/district employee in charge does not resolve your complaint, you can make a formal, written complaint.

Formal Written Complaint

Follow these steps:

1. Get a Complaint form from your school's main office, the district office, or online at www.djusd.net 

2. Fill out the Complaint form and give it to your school principal (for a school site problem) or a district administrator (for a complaint about a principal or a district  administrator)

3. Within 5 business days, the principal or district administrator will contact you to let you know what the next steps will be.  

4. If your complaint is about an employee, we are required to tell that employee about the complaint within 3 business days

5 .The District wants to resolve complaints through restorative measures and mediation whenever possible.  If you agree to mediation, the school principal/district administrator will work with you to expedite the process.

6.  If you decline mediation or mediation is unsuccessful, the principal, district administrator, or designee will investigate your complaint.  (This is called Findings of Facts)
  1. Within 30 business days, you will get a letter called an Administrative Response/Actions. This explains what we learned about the problem and how we will respond. (We cannot share detailed information that violates student or personnel privacy rights.)

How to Ask for an Appeal

If you disagree with our response, you may ask for an appeal within 10 business days.  Include in your appeal, a copy of your original Complaint Form, the principal’s or District’s Response, and a summary of why you believe the Response does not resolve the complaint.  If your complaint was investigated by a principal or designee, send the documents to the Director of Student Services. If your complaint was investigated by a district administrator, send your documents to the Superintendent.  The district administrator or Superintendent will conduct a Findings of Fact and will send you a response within 30 business days. If you still disagree with our Response, within 30 business days you may ask to speak to the School Board. The Board may agree to let you speak and present your evidence, or they may decide not to hear your complaint and the previous response stands as final. 

SEXUAL HARASSMENT - TITLE IX COMPLAINT (Discrimination based on sex)

Davis Joint Unified School District is committed to making the schools free from sexual harassment and discrimination. 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 District prohibits sexual harassment of students by other students, employees or other persons, at school or at school-sponsored or school-related activities. Sexual harassment is defined in Education Code to mean unwelcome sexual advances; requests for sexual favors; or verbal, visual, or physical conduct of a sexual nature, made by someone from or in the educational setting. The superintendent or his/her designee shall ensure that district students receive age-appropriate instruction about their rights to be free from sexual harassment, the district procedure for reporting and investigating complaints of sexual harassment including with whom a complaint should be filed.

The District prohibits conduct that has the purpose or effect of having a negative impact on the individual’s work or academic performance, or that is sufficiently severe, persistent, or pervasive to create an intimidating, hostile, or offensive educational environment.

The District further prohibits sexual harassment that conditions a student's status, progress, benefits, services, honors, program or activities based on submission to such conduct.

Any student who feels that he/she is being, or has been, sexually harassed by a school employee, another student, or a non-school employee at school or at a school-related event, shall immediately contact his/her teacher or any other district employee. An employee who receives such a complaint shall report it in accordance with administrative procedures. 

Employees who violate this policy shall be subject to discipline up to and including dismissal. Any disciplinary action shall be in accordance with applicable federal and state laws and/or collective bargaining agreements.

Students who violate this policy may be subject to discipline, up to and including expulsion, in accordance with district policy, administrative procedure and state law. 

The District strives to resolve issues of harassment and discrimination at the school site.

Definitions

Sexual Harassment - Any form of discrimination which includes, but is not limited to, unwelcome sexual advances, requests, or other verbal visual or physical conduct of a sexual nature made by someone from or in the educational setting under any of the following conditions:

  • Submission to the conduct is explicitly or implicitly made a term or condition of an individual's academic status or progress; or
  • Submission, or rejection of, the conduct by the individual is used as a basis of academic decisions affecting the individual; or
  • The conduct has the purpose or effect of having a negative impact upon the individual's academic performance or of creating an intimidating, hostile or offensive educational environment; or
  • Submission to, or rejection of, the conduct by the individual is used as a basis for any decision affecting the individual regarding benefits and services, honors, programs or activities available at or through the educational institution.

Unwelcome Conduct - Some examples of sexual harassment may include, but are not limited to:

  • Deliberate written or oral comments, gestures, or physical contacts of a sexual nature or demeaning to one's gender, which are unwelcome or interfere with school productivity;
  • Implicit or explicit sexual behavior by a fellow student, district employee, or other person within the school environment which has the effect of controlling, influencing or otherwise affecting the school environment;
  • Unwelcome suggestive, vulgar, or obscene letters, notes, posters, calendars, or other visual products, or derogatory comments slurs, and/or jokes of a sexual nature.

Hostile Educational Environment - A hostile educational environment is created when sexual harassment is sufficiently severe, or objectively offensive AND persistent or pervasive.

Sufficiently Severe - Physical is more likely to be severe without need for repetition.  Touching of another's genitals, buttocks, or breasts could be considered severe depending on the age of the student(s).  Sexual assault, sexual battery, and sexual violence are considered severe.  If an incident is severe, it does not have to be persistent or pervasive to be sexual harassment.

Objectively Offensive - The behavior is such that a reasonable person would consider the behavior offensive. The behavior sometimes may involve physical threats, humiliation, intimidation, or ridicule.

Persistent or Pervasive - Persistent such that the behavior may be repeated, continuing beyond the usual, not stopping, or continuing even though others want the behavior to stop; OR pervasive such that the behavior is widespread, openly practiced, well-known among students or employees, occurring in public, occurring with regularity, or know but nobody talks about it.

Sexual Violence - Physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent (e.g., due to the student's age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent).  A number of different acts fall into the category of sexual violence including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.  Sexual violence can be carried out by school employees, other students, or third parties.  All such acts are forms of sex discrimination prohibited by Title IX.

Responsible Reporter - ALL school employees are considered "Responsible Reporters" of sexual harassment.  Any employee who witnesses, suspects, or receives notification involving a student or students, is required to report the sexual harassment to an administrator or designee.

General Information Regarding Reports and/or Complaints of Sexual Harassment

  • Confidentiality:  The privacy of the persons involved will be protected to the extent possible.  The principal, site administrator, or designee will evaluate the request for confidentiality and make the determination as to whether confidentiality may be possible.  Disclosures may be required by law or to those who need to know within the context of the investigation, analysis, appeal, prevention of recurrence, or correction of misconduct.  Therefore, a guarantee of confidentiality is not provided.  Should an accuser or reporter request confidentiality and that no action be taken, the District must still discharge its duties and obligations to prevent and correct the sexual harassment.
  • Retaliation - The District prohibits retaliation against any participant in the reporting and complaint process including witnesses.  A separate Uniform Complaint may be filed if retaliation occurs against any individual involved in the processing of discrimination, harassment, or bullying complaint. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned. Follow up with the student will occur to ensure the harassment has stopped and that there is no retaliation.
  • Criminal Complaints: Students, parents or guardians have a right to file a criminal report or complaint and a Title IX report or complaint simultaneously.

Filing a Report or Informal Complaint of Discrimination, Harassment, Intimidation, or Bullying Based on Sex

The District believes discrimination, harassment, intimidation and bullying issues may be resolved at the school site. As such, students, parents, or guardians may report any act of discrimination, harassment, intimidation or bullying based on sex (in any area covered by Title IX, including sexual harassment) by a student, staff member or third party directly to the school site's principal for immediate resolution at the school site.

  • Investigation of Reports or Informal Complaints:  The responsible school official will conduct a prompt, thorough and impartial investigation into the complaint which will include, but is not limited to, interviewing the accuser and the accused, asking each to provide names of witnesses, interviewing potential witnesses, and gathering relevant evidence.  When sex-based discrimination, harassment, intimidation, and bullying is reported, interim steps will be taken to stop harassment and protect the accuser from further harassment pending outcome of the investigation and/or complaint.  A thorough investigation is required to protect the accuser, afford due process to the accused, and to ensure resolution of the issue(s). A student, or parent or guardian, is not required to attempt resolution through the school site before contacting the District Title IX Coordinator.

Within three (3) days of receiving the complaint, the school administrator may informally discuss with the complainant the possibility of using mediation.  If the complainant agrees to mediation, the administrator shall make all arrangements for this process.  Before initiating the mediation, the administrator shall ensure that all parties agree to make the mediator a party to related confidential information.  If the mediation process does not resolve the problem within the parameters of law, or if the complainant does not want mediation, the administrator shall proceed with his/her investigation of the complaint.

 At any time during the process students, parents, or guardians, may file a Title IX complaints by completing the UNIFORM COMPLAINT  FORM [English] [Spanish] and returning it to:

Title IX Compliance Officer, Director of Student Support Services, Laura Juanitas

Davis Joint Unified School District
526 B Street
Davis, CA  95616
(530) 757-5300 ext. 140
FAX: 530-757-5323
ljuanitas@djusd.net

Other Resources: 

Office for Civil Rights

Main Page-Office for Civil Rights (OCR)

Know Your Rights: Title IX Prohibits Sexual Harassment and Sexual Violence Where you Go to School

Know Your Rights: Title IX Requires Your School to Address Sexual Violence


How to File a Discrimination Complaint with the OCR

Office of Equal Opportunity

Main Page-Office of Equal Opportunity 

UNIFORM COMPLAINT
Filing a Uniform Complaint 

Pursuant to Board Policy and Administrative Regulation 1312.3 a Uniform Complaint can be made by any staff member, parent, student, community member or applicant alleging unlawful discrimination/harassment/intimidation/bullying against any student, employee, or other person participating in district programs and activities based on the person’s actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, 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. 

A Uniform Complaint is also used if the complaint alleges the District failed to comply with state or federal law or regulations governing the following programs and activities: 

  • Accommodations for Pregnant and Parenting Pupils
  • Adult Education
  • After School Education and Safety
  • Agricultural Career Technical Education
  • Career Technical and Technical Education, Career Technical, Technical Training (state)
  • Career Technical Education (federal)
  • Child Care and Development
  • Compensatory Education
  • Course Periods without Educational Content
  • Education of Pupils in Foster Care, Pupils who are Homeless, former Juvenile Court Pupils now enrolled in a school district and Children of Military Families
  • Every Student Succeeds Act
  • 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
  • School Safety Plans
  • School Site Councils
  • State Preschool
  • State Preschool Health and Safety Issues in LEAs Exempt from Licensing

Step 1: Filing of Complaint

Any individual, public agency or organization may file a written complaint of alleged noncompliance by the District. Complaints alleging unlawful discrimination may be filed by a person who alleges that he/she personally suffered unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to unlawful discrimination. The complaint must be started no later than six (6) months from the date when the alleged discrimination occurred or when the complainant first obtained knowledge of the facts of the alleged discrimination. The complaint shall be given to the Director of Student Support Services who will maintain a log of complaints received, providing each with a date stamp and will determine who will investigate the complaint. If the complainant is unable to put a complaint in writing due to conditions such as illiteracy or other disabilities, district staff shall help him/her to file 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.

Step 2: Informal Resolution

The District encourages the early, informal resolution of complaints at the site/district level when appropriate and whenever possible.  This includes talking directly to the school employee involved in the situation that is causing the complaint

Step 3: Investigation

Within three (3) business days of receiving the complaint, the compliance officer may informally discuss with the complainant the possibility of using mediation.  If the complainant agrees to mediation, the compliance officer shall make all arrangements for this process.  Before initiating the mediation of a discrimination complaint, the compliance officer shall ensure that all parties agree to make the mediator a party to related confidential information.  If the mediation process does not resolve the problem within the parameters of law, or if the complainant does not want mediation, the compliance officer shall proceed with his/her investigation of the complaint. Within ten (10) business days of receiving the complaint or within five (5) business days of an unsuccessful attempt to mediate the complaint, the compliance officer shall begin the investigation.   The complainant and/or his/her representative shall have an opportunity to present evidence, or information leading to evidence, to support the allegations. 

Step 4: Response and Appeal

Within thirty (30) calendar days of receiving the complaint, the compliance officer shall prepare and send to the complainant a written report of the District’s investigation and decision, as described in Step #5 below.

If the complainant is dissatisfied with the compliance officer’s decision, he/she may, within five (5) business days, APPEAL his/her complaint in writing with the Board. Such a filing shall include the specific facts of the complaint and the reasons that cause the complainant to feel that the administrative response is unsatisfactory. The filing shall also identify what specific district actions would provide a remedy to the complaint.  The Board may consider the matter at its next regular Board meeting or at a special Board meeting convened in order to meet the sixty (60) day time limit within which the complaint must be answered. The Board may decide not to hear the complaint, in which case the compliance officer’s decision is final.

Step 5: Final Written Decision

The report of the District’s decision by the compliance officer shall be written in English and in the language of the complainant whenever feasible or as required by law. The decision shall include:

  1. The findings of fact based on the evidence gathered, the disposition of the complaint, and corrective actions taken. If an employee is disciplined as a result of the complaint, the report shall state that effective action was taken and that the employee was informed of district expectations.The report shall not give specific information as to the nature of the disciplinary action.

  2. The rationale for the above disposition and conclusions of law.

  3. Notice of the complainant’s right to appeal the compliance officer’s decision within five (5) days to the Board of Education, and their right to appeal to the California Department of Education (CDE) if they are dissatisfied with the Board’s decision or if the Board declines to hear the complaint.

  4. Notice that the complainant may pursue available civil law remedies outside the district’s complaint procedures.For discrimination complaints a complainant must wait until sixty (60) days have elapsed from the filing of an appeal with the CDE before pursuing civil law remedies (5 CCR 4631; Education Code 262.3).

Appeals to the California Department of Education

If dissatisfied with the District’s decision, or if the Board decides not to hear the appeal of the compliance officer’s decision, the complainant may appeal in writing to the CDE within fifteen (15) calendar days of receiving the District’s decision.  When appealing to the CDE, the complainant must specify the basis for the appeal of the decision and whether the facts are incorrect and/or the law has been misapplied.  The appeal must be accompanied by a copy of the locally filed complaint and a copy of the District’s decision. 


Uniform C
omplaints can be filed by completing the UNIFORM COMPLAINT FORM [English] [Spanish] and returning it to: 

Director of Student Support Services, Laura Juanitas
Uniform Complaint Compliance Officer
Davis Joint Unified School District
526 B Street
Davis, CA 95616
(530) 757-5300 ext. 140
FAX: 530-757-5323
ljuanitas@djusd.net

WILLIAMS COMPLAINT
Filing a Williams Uniform Complaint 

Pursuant to Board Policy and Administrative Regulation 1312.4, Williams Complaint can be made by any staff member, parent, student, community member or applicant who has a complaint concerning deficiencies related to instructional materials, conditions of facilities that are not maintained in a clean or safe manner or in good repair, or teacher vacancy or misassignments.

Williams complaints can be filed by completing the WILLIAMS COMPLAINT FORM [English] [Spanish] and returning it to the school administrator or designee.

For details of the complaint process, refer to the second page of the complaint form.


STUDENT NUTRITION SERVICES COMPLAINT

Filing a Student Nutrition Services Complaint 

Any staff member, parent, student, community member or applicant who has a complaint concerning discrimination stemming from the USDA Student Nutrition Lunch Program may submit, USDA COMPLAINT FORM [English][Spanish] to: 

Director of Student Nutrition Services, Karen Harris
USDA Complaint Compliance Officer
Davis Joint Unified School District
1919 5th Street
Davis, CA 95616

For details of the complaint process, see the second page of the complaint form.

PRESCHOOL WILLIAMS UNIFORM COMPLAINT

Pursuant to Education Code 8235.5, any California State Preschool Program that is exempt from licensure must have:

 1. Outdoor shade that is safe and in good repair

2. Drinking water that is accessible and readily available throughout the day

3. Safe and sanitary restroom facilities with one toilet and handwashing fixture for every 15 children

4. Restroom facilities that are available only for preschoolers and kindergartners

5. Visual supervision of children at all times

6. Indoor and outdoor space that is properly contained or fenced and provides sufficient space for the number of children using the space at any given time

7. Playground equipment that is safe, in good repair, and age appropriate

Complaints can be made by completing the PRESCHOOL WILLIAMS UNIFORM COMPLAINT FORM [English] [Spanish] and returning it to the preschool administrator or designee.  You may also download a copy of the California Department of Education complaint form.  However, a complaint need not be filed using either the district’s complaint form or the complaint form from the California Department of Education.