Filing a Uniform Complaint
A Uniform Complaint Procedure (UCP) complaint is a written, signed complaint alleging that the District has violated certain federal or state laws or regulations governing educational programs. This includes complaints regarding unlawful discrimination, discriminatory harassment, intimidation, or bullying based on a protected characteristic, as well as complaints involving pupil fees and other programs or activities covered by the UCP.
Complaints alleging unlawful discrimination, discriminatory harassment, intimidation, or bullying may be filed by a person who alleges they have personally experienced unlawful discrimination, or by a person who believes an individual or specific class of individuals has been subjected to unlawful discrimination. These complaints must generally be filed within six months of the date the alleged conduct occurred or the date the complainant first learned of it.
The District will protect the confidentiality of the parties and information related to a complaint as required by law.
The district’s uniform complaint procedures (UCP) shall be used to investigate and resolve complaints regarding the following programs and activities:
•Accommodations for pregnant and parenting students
•Adult education programs
•After School Education and Safety programs
•Agricultural career technical education
•Career technical and technical education and career technical and technical training programs
•Child care and development programs
•Compensatory education
•Consolidated categorical aid programs
•Course periods without educational content
•Discrimination, harassment, intimidation, or bullying in district programs and activities, including in 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 or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, 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 the person’s association with a person or group with one or more of these actual or perceived characteristics
•Educational and graduation requirements for students in foster care, homeless students, students from military families, students formerly in a juvenile court school
•Every Student Succeeds Act
•Local Control and Accountability Plan
•Migrant education
•Physical education instructional minutes
•Student fees
•Reasonable accommodations to a lactating student
•Regional occupational centers and programs
•School plans for student achievement as required for the consolidated application for specified federal and/or state categorical funding
•School safety plans
•School site councils as required for the consolidated application for specified federal and/or state categorical funding
•State preschool programs
•State preschool health and safety issues in license-exempt programs
•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
•Any other state or federal educational program the Superintendent of Public Instruction or designee deems appropriate
Complaints that are not subject to New Haven’s Uniform Complaint Procedure shall be investigated and resolved through an alternative process as guided by New Haven policies.
Related Board Policies and Administrative Regulations:
Board Policy 1312.3 / Administrative Regulations 1312.3, Uniform Complaint Procedures
Board Policy 5145.3 / Administrative Regulation 5145.3, Nondiscrimination/Harassment
Questions or concerns related to Uniform Complaint complaints should be forwarded to:
Marcus Lam, Director, Student and Family Services
725 Whipple Road
Union City CA 94587
(510) 476-2625
MLam@nhusd.k12.ca.us
To file a Uniform Complaint, download and complete the Uniform Complaint form below and submit it to your child’s site administrator or Marcus Lam, the Director of Student and Family Services.
