Williams Act, Title IX, Section 504 & Uniform Complaint Procedures
What is a complaint?
A complaint is a written and signed statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation, or bullying. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the agency shall assist the complainant in the filing of the complaint.
A Williams Complaint, another type of UCP complaint, regards instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils, and teacher vacancy or misassignment and may be filed anonymously. Williams Complaints are filed with the principal, or their designee, of the school in which the complaint arises. Schools have complaint forms available for these types of complaints but will not reject a complaint if the form is not used as long as the complaint is submitted in writing.
If a Williams Complaint requirement is allegedly not being met, a Williams Complaint form may be obtained by clicking on the CDE web page to obtain a sample Williams Complaint form.
Title IX, Section 504, AND Uniform Complaint Procedures
Anahuacalmecac International University Preparatory of North America complaint designee will coordinate its efforts to comply with and carry out its responsibilities under Title IX of the Education Amendments of 1972 (Title IX) and section 504 of the Rehabilitation Act of 1973 (“Section 504”), including any investigation of any complaint filed with Charter School alleging its noncompliance with these laws or alleging any actions which would be Anahuacalmecac International University Preparatory of North America prohibited by these laws.
Charter School Complaint Designee:
Mr. Montes De Oca
Phone Contact: (323) 352-3148
Email: [email protected]
Charter School shall notify all of its students and employees of the name, office address, and telephone number of the designated employee or employees. Charter School shall adopt and publish complaint procedures providing for prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by Title IX or Section 504.
Charter School shall adopt and implement specific and continuing procedures for notifying applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with Charter School, that Charter School does not discriminate on the basis of sex or mental or physical disability in the educational programs or activities which it operates, and that it is required by Title IX and Section 504 not to discriminate on any such basis.
Charter School shall establish and provide a uniform complaint procedure in accordance with applicable federal and state laws and regulations, including but not limited to all applicable requirements of California Code of Regulations, title 5, section 4600 et seq.
Charter School shall adhere to all applicable federal and state laws and regulations regarding pupil fees, including Education Code sections 49010 - 49013, and extend its uniform complaint procedure to complaints filed pursuant to Education Code section 49013.
Charter School shall extend its uniform complaint procedure to complaints filed pursuant to the Local Control Funding Formula legislation provisions set forth in Education Code section 52075
AIUPNA Parent Concern Uniform Complaint Procedures and AIUPNA Parent/UCP Complaint Forms are available in the links below and in hard copy, free of charge, at our school main office located at 4736 Huntington Dr. CA, 90032.
Title IX Non-Discrimination Policy Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that was passed to ensure that students and staff, regardless of their sex, are treated equally and fairly. Title IX prohibits discrimination on the basis of sex, which includes sexual harassment. Specifically, Title IX provides that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Who is the School’s Title IX Coordinator?
Title IX requires that every school designate at least one person as the Title IX Coordinator. Anahuacalmecac International University Preparatory of North America (“School”) designates the following individual as the Title IX Coordinator:
Jose Montes De Oca
Director of Operations
4736 Huntington Dr. S. Los Angeles, CA, 90032
Where can I get more information on the rights of a pupil and the public and the responsibilities of the School under Title IX?
There are several internet resources where you can get information regarding your rights and the school’s responsibilities under Title IX. The following are a few:
- California Department of Education Office of Equal Opportunity
- United States Department of Education Office for Civil Rights
In addition, California law, like Title IX, prohibits discrimination on the basis of sex and affords individuals certain rights. You can access those rights here: Rights Afforded Under Education Code Section 221.8.
Specifically, you have the right to:
- Fair and equitable treatment and you shall not be discriminated against based on your sex.
- Be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
- Inquire of the athletic director of your school as to the athletic opportunities offered by the school.
- Apply for athletic scholarships.
- Receive equitable treatment and benefits in the provision of all of the following:
- equipment and supplies;
- scheduling of games and practices;
- transportation and daily allowances;
- access to tutoring;
- locker rooms;
- practice and competitive facilities;
- medical and training facilities and services; and
- Have access to a gender equity coordinator to answer questions regarding gender equity laws.
- Contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
- File a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
- Pursue civil remedies if you have been discriminated against.
- Be protected against retaliation if you file a discrimination complaint.
How may I file a Title IX Complaint?
You may file a complaint with the School’s Title IX Coordinator (information above) or with another staff person who shall forward the complaint to the Title IX coordinator. A complaint may be filed anonymously if it provides evidence or information leading to evidence to support an allegation of noncompliance. Otherwise, a discrimination complaint may be filed with the Office for Civil Rights: U.S. Department of Education Office for Civil Rights Lyndon Baines Johnson Department of Education Bldg 400 Maryland Avenue, SW Washington, DC 20202-1100 You can access the OCR complaint form here: United States Department of Education Office for Civil Rights Complaint Form Is there a statute of limitations for filing an alleged incident of harassment or discrimination? Under the School’s Uniform Complaint Procedures policy (“UCP”), individuals may submit a written complaint of discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic within six months from the date the alleged incident occurred or the complainant first obtained knowledge of the facts of the alleged incident.
How are Title IX complaints investigated?
Title IX complaints may either be investigated under the School’s Title IX Policy or other School policies. Upon receipt of a Title IX formal complaint, the School’s Title IX Coordinator will determine whether the allegations fall within the definition of “sexual harassment” under Title IX. If they do, the School will investigate the complaint through its Title IX Policy. If the allegations do not fit under the definition of sexual harassment under Title IX, the School will investigate the complaint through another appropriate grievance procedure (e.g., Uniform Complaint Procedures). During the investigative process, the School shall contact the complainant and other applicable parties to request documents and information. The School will provide an opportunity for the complainant to present evidence or information to support the complainant’s allegations.
For UCP investigations: Complaints will be investigated, and a written decision will be issued within 60 calendar days of the UCP Compliance Officer’s receipt of the complaint. For Title IX sexual harassment investigations: Complaints will be investigated and the School will endeavor to issue a written decision will be issued within 90 calendar days of the Title IX Coordinator’s receipt of the complaint. For additional federal guidance on how complaints may be further pursued, please see the following link: United States Department of Education Office for Civil Rights.