The County Board desires to ensure equal opportunities for all students in admission and access to MCOE’s educational programs, guidance and counseling programs, testing procedures, and other activities. MCOE programs and activities shall be free from discrimination, including harassment, with respect to a student's race, color, ancestry, national origin, ethnicity, ethnic group identification, citizenship and immigration status, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. These terms are defined by state or federal statute.
The County Board prohibits discrimination, intimidation, or harassment or bullying of any student by any employee, student, or other person in MCOE. Prohibited harassment includes physical, verbal, nonverbal, or written conduct based on one of the categories listed above that is so severe and pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the purpose or effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects the student's educational opportunities.
The Board also prohibits any form of retaliation against any student who files a complaint or report regarding an incident of discrimination, harassment, intimidation, or bullying. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.
School staff and volunteers shall carefully guard against segregation, bias, and stereotyping in the delivery of services, including, but not limited to, instruction, guidance, and supervision. In Juvenile Court Schools, the County Office shall work with County Probation Department on practices and procedures for incarcerated students.
The Principal or designee shall develop a plan to provide students with appropriate accommodations when necessary for their protection from threatened or potentially harassing or discriminatory behavior.
Students who engage in discrimination or harassment in violation of law, County Board policy, or administrative regulation shall be subject to appropriate discipline, up to and including counseling, suspension, and/or involuntary release to student's district of residence. Any employee who permits or engages in prohibited discrimination, harassment, intimidation, bullying, or retaliation shall be subject to disciplinary action, up to and including dismissal.
UCP ANNUAL NOTICE
MONTEREY COUNTY OFFICE OF EDUCATION
For students, employees, parents/guardians, school and district advisory committee members, private school officials, and other interested parties
The Monterey County Office of Education has the primary responsibility for compliance with federal and state laws and regulations. We have established Uniform Complaint Procedures (UCP) to address allegations of unlawful discrimination, harassment, intimidation, and bullying, and complaints alleging violation of state or federal laws governing educational programs, the charging of unlawful pupil fees and the non-compliance of our Local Control and Accountability Plan(LCAP).
We will investigate all allegations of unlawful discrimination, harassment, intimidation or bullying against any protected group as identified in Education Code section 200 and 220 and Government Code section 11135, including any actual or perceived characteristics as set forth in Penal Code section 422.55 or on the basis or a person’s association with a person or group with one or more of these actual or perceived characteristics in any program or activity conducted by the LEA, which is funded directly by, or that receives or benefits from any state financial assistance.
The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in Adult Education, Career Technical Education, Child Care and Development Programs including state preschool, Consolidated Categorical Programs, Migrant Education, Nutrition Services, Special Education or in any other program receiving state or federal funding.
A pupil fees and/or LCAP complaint may be filed anonymously if the complainant provides evidence or information leading to evidence to support the complaint.
A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity.
A pupil fee includes, but is not limited to, all of the following:
A pupil fee complaint shall be filed no later than one year from the date the alleged violation occurred.
Complaints other than issues relating to pupil fees must be filed in writing with the following designated to receive complaints:
Name or title: Assistant Superintendent, Human Resources
Unit or office: Human Resources Office, Monterey County Office of Education
Address: 901 Blanco Circle-P.O. Box 80851, Salinas, CA 93912-0851
Complaints alleging discrimination, harassment, intimidation, or bullying, must be filed within six (6) months from the date the alleged discrimination, harassment, intimidation, or bullying, occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying, unless the time for filing is extended by the superintendent or his or her designee.
Complaints will be investigated and a written Decision or report will be sent to the complainant within sixty (60) days from the receipt of the complaint. This sixty (60) day time period may be extended by written agreement of the complainant. The LEA person responsible for investigating the complaint shall conduct and complete the investigation in accordance with sections 4680-4687 and in accordance with local procedures adopted under section4621.
The complainant has a right to appeal our Decision of complaints regarding specific programs, pupil fees and the LCAP to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving our Decision.
The appeal must be accompanied by a copy of the originally-filed complaint and a copy of our Decision.
The complainant is advised of civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable.
A copy of our UCP compliant policies and procedures is available free of charge.