HOW TO FILE AN INTERNAL COMPLAINT WITH SJECCD
The District has both an informal and formal complaint process see Board Policy 3435 for more information about both process. To file an informal or formal complaint, please use the links below. Formal complaints should be submitted to the District Title IX Coordinator by mail or e-mail.
Formal Discrimination Complaint Form
Incidents can also be reported by concern community members using the District's online reporting system. Incident reports may be made anonymously, but please keep in mind that reporting an incident anonymously may limit the District's ability to investigate and remedy the issue. The District strongly encourages all individuals to make reports and if they have concerns about reporting to reach out to speak to a Title IX Coordinator about any concerns you have. The District has an anti-retaliation policy for all reports of Title IX incidents.
Timeframe for filing complaints:
Under Title 5 of the California Code of Regulations § 59328(d) student discrimination complaints including sexual harassment must be filed within one (1) year of the date of alleged unlawful conduct or within one (1) year of the date on which the reporting party knew or should have known of the facts underling the allegation.
Reporting parties who allege discrimination/ sexual harassment in employment must file their complaints within one- hundred-eighty (180) days of the date of the alleged discrimination/sexual harassment. The Title IX Coordinator may extend this period by no more than ninety (90) days if the reporting party first obtained knowledge of the fact of the alleged violation after the expiration of the one-hundred-eighty (180) days.
The District may conduct an internal investigation as appropriate to address and/or remedy allegations after a reporting party files a formal complaint alleging discrimination or sexual harassment after the timeline above, but no longer than one (1) year.
Formal complaints will be assigned to an impartial investigator. The investigator will conduct interviews with relevant parties and witnesses and obtain additional evidence before incorporating relevant evidence into an investigative report. The investigator will prepare a written report that includes the following:
The investigator will send his/her report to the Chief Executive Officer of the campus or to his/her designee who is responsible for determining whether there is probable cause to believe that the discrimination or harassment occurred with respect for each allegation in the complaint. The CEO or designee will also make recommendations for corrective action that may include trainings, or any other measure, including disciplinary action. Within 90 days of receiving the complaint the District shall complete its investigation and forward to the complainant(s) and respondent(s) a copy or summary of the investigation report and a written notice setting forth the determination of the of the Chief Executive Officer or his/her designee as to whether there is probable cause to believe that discrimination/ harassment occurred with respect to each allegation in the complaint. This notice will also contain a description of actions taken, if any, to prevent similar problems from occurring in the future and the proposed resolution of the complaint.
Please be aware that in some cases the investigation may require longer than 90 days. (Examples of such a need for an extension include cases over winter break or summer vacations when witnesses may be unavailable for interviews or illness or injuries of witnesses that prevent completion of the investigation.) The District in these situations will request an extension of time to complete the investigation from the California Community Colleges Chancellor's Office.
Reporting parties may also file criminal complaints with the SJECCD Police Department. Please call the police station at 408-270-6468 or go to their offices to file a complaint.
Reporting parties may also file complaints with outside entities.
Students may file complaints with the Office of Civil Rights (OCR).
To file a complaint with OCR start
Employees may file complaints regarding discrimination/sexual harassment in employment with either the California Department of Fair Employment & Housing (DFEH) at
or with the U.S. Equal Employment Commission (EEOC) at