Where Should A School Discrimination Complaint Be Filed?

By Michelle Ball, California Education Attorney for Students since 1995

When a parent or student experiences discrimination in the school system, they have a choice of where they want to file for an administrative review (e.g. by a government body).  Should they pick the federal government to review the matter or should they file with their local school or college?  

There are generally two choices for non-court^∗∗ administrative discrimination complaints depending on the entity involved, one being the school or college itself, and the other being a government entity.

For a private school student, in a school which takes no federal money and is non-religious, parents and students may be able to go to the United States Department of Justice (USDOJ).  The DOJ will then determine if they may accept the matter for investigation.  A parent or student may also pursue internal filings in their private school, if available.  

For other students, the choice is usually between filing a request for investigation with the school or college or the Office for Civil Rights (OCR), in the United States Department of Education (USDOE).

Why is this a choice?

First, the California Department of Education (CDE) does NOT take discrimination complaints directly and only looks at them on appeal from a public school.  

Second, if a student files with their school or college, and the school or college says there was no discrimination, OCR will not usually review the matter other than the process.  This means the feds won't review the substance of the alleged discriminatory conduct if a parent or student already filed with their school or college and the matter was concluded (in their favor or not).

So, students and parents have to decide at the getgo where to file a request for an investigation, and it is an important determination.

My personal preference is OCR, as OCR tends to be more objective, is not afraid to find discrimination occurred (as it is not their school!), has more resources, and truly aims to get a resolution in most cases.  

How motivated do you think a school district is to find discrimination occurred in one of its own schools or by one of its staff?   

Exactly.  

This is why OCR may be the better place to start.

There is never any guarantee OCR will find actual  discrimination, but it seems more likely they will more objectively pursue the school discrimination investigation and potentially have fairer results.  

OCR can leverage the government purse against schools to obtain correction of wrongs and justice for students.

OCR does not take all complaints for investigation, so it is important for a parent or student to write the initial filing properly, file it timely, and attach any evidence which supports the claims.^∗∗

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook, LinkedIn

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

∗∗Administrative filings are separate and distinct from claims students may file in court and I am in no way reviewing those matters here.

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College Discipline: Initial Contact And Investigation Meeting

By Michelle Ball, California Education Attorney for Students since 1995

 

College discipline hearings can be difficult matters, and they all start with the allegation and investigation.  Due to the potential for severe punishment, it is important the initial steps are not mishandled.

Usually the first notice of a discipline issue arrives via the student's official college email, with an attachment telling the student to contact the college in a few days to set up a meeting.  Often this notice indicates that if the student fails to reply, dire consequences may result, such as a hold on their records or a denial of class registration.  There may be reference to a vague or unidentified allegation, so the student may not be sure what they are being accused of.  Students should not ignore this email and should set up any meeting requested.

As the student may have no idea why they are being investigated, a polite inquiry should be made prior to this meeting to attempt to get more detail on the allegations.  If the staff say "you will find out at the meeting," the student should still respectfully ask if they may be provided with information on the context and what codes are alleged to have been breached, if this was not included in the initial notice

The student can also request copies of any "evidence" which has been gathered and if they can obtain such prior to the initial meeting.  

Colleges may have a student advocate office or other similar office which they can contact at the university to get some input and advice about local practices.  This may also be the time to seek input from family members, such as a student's parents (if the student is comfortable with that), or potentially other sources, to be prepared.  Although legal counsel may be denied entry to the investigation meeting(s), they can be consulted outside the meeting.

The student should review the college codes for all relevant areas of possible alleged breach, as well as any discipline policies the college has published.  For example, at the University of California, Davis (UCD), there are many policies on their "Office of Student Support and Judicial Affairs" page, including a link to the current policies and procedures that are applied in student discipline matters.  Not all colleges, unfortunately, have adequate information on line, or even adequate policies, but it is definitely worth the time to learn what may be out there before the meeting.   

It is important to remember that whomever a student may meet with during the investigation has a lot of experience in punishing students and far more knowledge in this area, usually, than the student, so doing anything one can to get prepared is critical.

At the initial meeting, the student will likely be interviewed, and will hopefully be fully informed of the allegation, context, and codes allegedly breached.  The student may even be asked to admit what happened.  Or, they may simply be told that the college will be investigating and will get back to them for a follow up meeting.

It is never certain what will happen with these allegations, but I have found that colleges  tend to believe the accuser, not the accused student, so students should be prepared for  being doubted and cast as someone who has done wrong, despite telling college staff the truth and/or providing an honest, heartfelt denial of any allegation.  

Additionally, even though the staff member who interviews them may seem like a very sweet, kind, and understanding person, that is part of their method of obtaining information and data they may be able to skew or use in a discipline hearing against the student.  It is best not to forget the nice person interviewing them is on the other side, likely trying to prove the student "did it," and is the one who will likely be making recommendations on what punishment the student may face.

It is a bit tricky.

University students may be able to be accompanied to this meeting by a parent or a college advocate, but it is up to the individual school on what they allow.

If faced with a surprise email from your college or university saying to "call us or else!" don't ignore it.  But, do approach it in a methodical and prepared way so you can help yourself navigate these tricky waters and keep pursuing your degree.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - College Discipline: Initial Contact And Investigation Meeting

When In Doubt Go To The School District

By Michelle Ball, California Education Attorney for Students since 1995

Are you frustrated that your school's Principal or Vice Principal are not listening nor acting adequately on your school complaints?  Are you being given a blank stare when you sit in the office telling your tale?  Is your child's problem not being resolved?  When problems are not resolved at the school site, don't forget the school district.

I have sat and consoled many parents who have complained to their child's principal or other school staff about issues, such as continual bullying, targeting by a teacher, a dangerous situation on campus, issues with a student group, etc. to no avail.  The parents complain of getting nowhere, being treated like idiots or bothersome pests, and know their issues are not being taken seriously.  They are at a loss.

Often these parents do not know nor think to involve their school district.  I think some parents believe that their school district may reflect the same attitude as their school or that the district won't give the parents any help.  It is possible no help will be forthcoming, but not always the case.  Often, a school district will try to help and they can even order the school to take action.  

Yes, I do hear from some parents that a district referred them right back to the school or that the district did not get back to them, but generally, districts are separated just enough from their schools to be somewhat objective in hearing parent complaints.

So, if everything is not immediately roses at the school and you can't get anywhere, what do you do?  Here are some suggestions to get attention from the district (and maybe the school):

1)  Put your issues in writing, supporting them with specific facts and documentation (no wild unsupported accusations please), perhaps in the form of a factual summary and other attachments proving your point.

2)  Submit it to the District accompanied by a list of what you want to be done to resolve the situation.

3)  Submit in writing and cc via email.

4)  Request a meeting with the district staff regarding your issues and help with resolution.

5)  Follow up on your submission with a call if you don't hear back in a reasonable time.

6)  Politely persist until you get a meeting with the district or feel the matter has been adequately handled.

You can also formalize your complaints to the district via internal complaint forms, and can even submit personnel complaints on the school staff (e.g. Principal or others).  Be mindful, however, that if you are deciding whether to file an internal complaint (with district/school), or to file with the United States Department of Education (USDOE), California Department of Education (CDE) or even your local grand jury, there may be limitations on whether those bodies will accept a complaint if a formal complaint is already proceeding at a district.  In other words, agencies don't like to waste resources and accept a filing if another agency is already investigating.

If you get nowhere, or depending on how you want to proceed, you could also opt to get attention by having legal counsel send something in writing and/or bringing an attorney to a meeting (with advance notice).  If things ramp up when you contact a district, they will usually really ramp up when you bring in legal counsel.

Now, I won't say that all districts you contact will do the right thing, will do what you want, or otherwise, but often parents who are not getting anywhere with the school administration will make some headway by involving the higher ups at their local school district, as these folks have the power to override school staff to get the job done and the matter handled.  

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - When In Doubt Go To The School District