DEL MAR UNION SCHOOL DISTRICT

Board Policy/Administrative Regulation 1312.3
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result in a finding based on evidence collected that a violation has occurred and may
result in the imposition of a remedy in favor of the complainant.
Response
For complaints processed by the compliance officer, a written decision shall be issued to
the complainant within sixty (60) calendar days of receiving the complaint. This decision
shall contain the following elements: findings of fact based on the evidence gathered,
conclusion of the law, disposition of the complaint, the rationale for such a disposition,
corrective actions if any are warranted, and notice of the complainant’s right to appeal the
District’s decision to the California Department of Education, and the procedures to be
followed for initiating and appeal to the Department. In accordance with Education
Code 262.3, Any decision concerning a discrimination complaint based on state law
shall include a notice that the complainant must wait until 60 days have elapsed from
the filing of an appeal with the California Department of Education before pursuing
civil law remedies. If an employee is disciplined according to established District policy
as a result of the complaint, this report shall simply state that effective action was taken
and that the employee was informed of District expectations. The report shall not give
any additional information as to the nature of the disciplinary action. This time period
may be extended by written agreement between the complainant and the District.
Appeal
For complaints processed by the compliance officer, if a complainant is dissatisfied with
the compliance officer’s decision, he/she may, within five (5) calendar days of receiving
the written decision, file his/her complaint in writing with the Board. The Board may
decide not to hear the complaint, in which case the compliance officer’s decision shall be
final. 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) calendar days time limit in which
the complaint must be answered.
If dissatisfied with the District’s decision, the complainant may appeal in writing to the
California Department of Education within fifteen (15) calendar days of receiving the
District’s decision. For good cause, the Superintendent of Public Instruction may grant
an extension for filing appeals. When appealing to the California Department of
Education, the complainant must specify the reason(s) for appealing the District’s
decision and must include a copy of the locally filed complaint and the District’s
decision.
For complaints processed by the principal or designee, if the complainant is dissatisfied
with the resolution of the complaint, he or she has the right to describe the complaint to
the Governing Board of the school district at a regularly scheduled hearing of the Board.
The Governing Board will then respond to the appeal in writing within sixty (60)
calendar days of the District’s initial receipt of the complaint or within an extended time
Board Policy 1312.3 (was B.P. 6006 last revised by the Board: December 15, 2004)
Date B.P. 1312.3 reviewed by the Board of Trustees: November 16, 2005
2nd Reading and Approval by the Board of Trustees: December 14, 2005
Approved by the Board of Trustees with Revisions: June 24, 2009
Approved by the Board of Trustees with Revisions: March 23, 2011