The Long Beach Unified School District has adopted a process for filing a formal complaint under Title IX utilizing the Uniform Complaint Procedure (UCP). The UCP process can be used for filing formal complaints regarding unlawful discrimination, harassment, intimidation, or bullying on the basis of sex, sexual orientation, gender, gender identity, or gender expression. Additionally, the UCP process can be used for other complaints that do not fall under Title IX, but meet other guidelines, such as LCAP, pupil fees, Every Student Succeeds Act, and a number of programs and activities that are governed by other state and/or federal laws and regulations.
A UCP complaint requires a written statement that provides the name of the person filing the complaint and contact information, the name or name(s) of person(s) subjected to the alleged Title IX violation, the name of the education institution, a description of the alleged Title IX violation, a report of any retaliation suffered by the person filing the complaint, the date(s) of incident(s) which allegedly violated Title IX, and any attempt to address the alleged violation including contacting the site principal or other administrator or the district office responsible for overseeing the school site. The person or organization filing the complaint need not be a victim of the allegation, but may complain on behalf of another person or group. The UCP process requires that a complaint be filed within 6 months of the date the complainant became aware of the alleged violation. If more than 6 months have passed, the complainant may file a UCP and request an extension of the timeline, which must be approved by either the District Coordinator or Superintendent. Under Title IX, there is no time limit on reporting sexual misconduct to the District’s Title IX Coordinator. However, there may be a two-year statute of limitations related to when you can file a lawsuit in court against the District related to its implementation the Title IX complaint process in your particular case. Please contact an attorney for further information.
The LBUSD Uniform Complaint Procedure
The Long Beach Unified School District UCP Annual Notice and Form
Please contact the Title IX Coordinator, as identified above, if you have any questions.
Upon receipt of any Complaint related to a potential Title IX violation, the Title IX Coordinator determines if the alleged action constitutes a violation of Title IX or if the Complaint will be investigated under another Complaint Process. If it is determined that the district will investigate the complaint under Title IX, notification letters will be sent to both the Complainant and Respondent and trained investigators will be assigned. LBUSD may use a variety of fact-finding techniques in its investigation of a Complaint. These techniques may include reviewing documentary evidence submitted by both parties, conducting interviews, and reviewing school records and documents. At the conclusion of its investigation, an independent Decision-Maker will determine for each allegation whether Title IX was violated. If the Complainant disagrees with the District’s determination, he/she may submit a written appeal to the Assistant Superintendent of Human Resources Services and/or the California Department of Education.
Information regarding the Title IX investigation process
To file a Title IX complaint, you can go to the following OCR website which will guide you through the complaint filing process:
In summary, the OCR complaint form requires the name of the person subjected to the alleged Title IX violation, the name of the person filing the complaint, the name of the education institution, a description of the alleged Title IX violation, a report of any retaliation suffered by the person filing the complaint, the date of the last act that violated Title IX, and any attempt to address the alleged violation through another avenue, including the education institution’s internal grievance procedure or a court filing. Note that anyone may file a complaint with OCR. The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group.
More information regarding the complaint filing process.
OCR requires that the complaint be filed within 180 calendar days after the alleged violation. As set forth in OCR’s complaint form, the reporter can request a waiver of this requirement by explaining why the complaint was delayed. Please contact OCR, or visit the websites above, if you have any questions or concerns about this time requirement.
Contact information for United States Department of Education Office for Civil Rights:
E-mail, send to OCR@ed.gov
U.S. mail, send to:
Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue SW
Washington, D.C. 20202
Fax, send to 202-453-6012.