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Corning Union Elementary School District

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Reporting Allegations/Filing a Formal Complaint

A student who is the alleged victim of sexual harassment or the student’s parent/guardian may submit a report of sexual harassment to the district’s Title IX Coordinator or report to any other available school employee, who shall forward the report to the Title IX Coordinator within one day of receiving the report.
 
Upon receiving such a report, the Title IX Coordinator shall inform the complainant of the right to file a formal complaint and the process for filing a formal complaint. (34 CFR 106.44)
 
A formal complaint may be filed with the Title IX Coordinator in person, by mail, email, or by completing the Uniform Complaint Form. (34 CFR 106.30). A formal complaint should have as much detail as possible, including the names of those involved, the nature of the incident, and any relevant dates or locations. 
 
Even if the alleged victim chooses not to file a formal complaint, the Title IX Coordinator shall file a formal complaint when a safety threat exists. In addition, the Title IX Coordinator may file a formal complaint in other situations as permitted under the Title IX regulations, including as part of the district’s obligation not to be deliberately indifferent to known sexual harassment allegations. In such cases, the Title IX Coordinator shall provide the alleged victim notices as required by the Title IX regulations at specific points in the complaint process.
 
The Title IX Coordinator, Investigator, Decision-maker, or facilitator of an informal resolution process shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Such persons shall receive training in accordance with 34 CFR 106.45. (34 CFR 106.45)
Investigation Process and Timeline

Investigation Process and Timeline

Upon receiving a formal complaint, the district will investigate the allegations. The investigation is confidential, thorough, impartial, and fair to all parties involved. The district will interview complainants, respondents, and witnesses, gather evidence, and take other appropriate steps to assess the situation. Upon the completion of the investigation process, an investigative report is submitted to the decision maker, who will issue a final written decision. While it is the District's practice to process investigations as promptly as practical, investigations may be extended for good cause with written notice to the complainant and respondent(s) of the extension and the response for the action (34 CFR 106.45)
Appeals

Appeals

Any complainant who is dissatisfied with the District’s final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving the District’s decision.
 
Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.
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