Report 2012-108 Recommendation 15 Responses

Report 2012-108: School Safety and Nondiscrimination Laws: Most Local Educational Agencies Do Not Evaluate the Effectiveness of Their Programs, and the State Should Exercise Stronger Leadership (Release Date: August 2013)

Recommendation #15 To: Sacramento City Unified School District

To ensure that it is effectively preventing and addressing incidents of discrimination, harassment, intimidation, and bullying in its schools, Sacramento City Unified should ensure that school sites follow the complaint procedures established in its policies.

Annual Follow-Up Agency Response From October 2018

The District has trained all school site leadership regarding its responsibilities to investigate and document all complaints of discrimination and harassment. It has adopted a revised policy and complaint form for harassment. (see docs.) the District Legal Services and Title IX Officer have presented numerous "Student Harassment Training" for all administrators and required each site to designate a Title IX Administrator. This training included complaint investigation and documentation procedures- specifically including any discipline issued under EC 48900.2.

The District requires all complaints of harassment and investigations/responses to be forwarded to the Title IX Office for oversight pursuant to revised policy. The Title IX Office maintains copies of such complaints/resolutions and tracks all complaints and resolutions through its data base system.(see documents) The District is tracking the data to audit and provide necessary remedies, and additional training as required.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Annual Follow-Up Agency Response From November 2017

The District has continued its efforts to train all site leadership regarding its responsibilities to investigate all complaints of discrimination. During its 2017 annual required summer trainings, the District Legal Services and Student Hearing Departments presented a "Student Harassment Training" for all administrators. This training included complaint investigation and documentation procedures. The Human Resources Department has continued its annual fall "one-stop" visits to school sites and departments, where a review of complaint procedures and resolution strategies are reviewed.

For significant or formal complaints, the Student Hearing Department oversees student discrimination complaint investigations. This school year, the Student Hearing Department Director/Student Non-Discrimination Coordinator and In House Counsel will provide additional site based trainings to review anti-discrimination procedures, including the requirements of reporting and forwarding same to Student Hearing/Student Non-Discrimination Coordinator's Department for oversight pursuant to Administrative Regulation 5145.3, pg. 5, Investigations of Complaints, no. 11. The Student Hearing Department/Student Non-Discrimination Coordinator maintains copies of such complaints/resolutions and shall track all complaints and resolutions through its data base system. The District, through the Student Hearing Department, shall utilize the data tracking system to assess patterns that require site audits and provide necessary remedies, and additional trainings as required.

In addition, the District office has for many years used standardized processes to collect, monitor and review any and all Uniform Complaints (which all complainants of discrimination are offered pursuant to existing policy and law.)

California State Auditor's Assessment of Annual Follow-Up Status: Pending

During the audit we noted that the district provides an annual training to its school site personnel; however, our audit determined that the training did not effectively "ensure that school sites follow the complaint procedures established in its policies." Although the district provided evidence of its annual training and annual site visits, it did not provide sufficient evidence to demonstrate that these efforts adequately address the findings described in the audit report.

In a follow-up conversation, the district's in-house counsel noted that the district plans to institute annual audits of sites to help ensure ongoing compliance.

Annual Follow-Up Agency Response From November 2016

The district, through the Human Resources Department, has continued its annual fall "one-stop" visits to school sites and department, where a review of complaint procedures and resolution strategies are discussed along with staffing and certification analysis. Additionally, we work directly with school leadership to guide, assist in performance of investigation activities toward resolution, as needed. The attached documents show various methods that are used to schedule these meetings and the information shared with site administrators during the visit.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Sacramento City Unified provided its schedule of school site visits, which are supposed to cover "sexual harassment, discrimination, and prevention training" and the district's complaints and grievances process. However, it did not provide sufficient evidence to demonstrate that these school site visits adequately address the findings described in the audit report.

Annual Follow-Up Agency Response From October 2015

The district has continued its full implementation of this recommendation since the initiation in August 2014. The District conducted is annual harassment prevention training on August 2015 to site administrators, supervisors, and managers which included addressing complaints in accordance with district processes and procedures. The District, through the Human Resources Department (HR Directors), continues its annual fall "one-stop" visits to each school site and department where, review of complaint procedures and resolution strategies are discussed along with staffing and certification analysis. Additionally, we work directly with school leadership to guide, assist, in the performance of investigation activities toward resolution as needed.

Complaint instructions to Investigators (Attachment (1)

Time frame to file:

http://www.scusd.edu/sites/main/files/file-attachments/annual_notification_letter_of_ucp-2015-16_0.pdf

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

The district has continued to claim that it has fully implemented this recommendation; however, it has not provided sufficient evidence to demonstrate its efforts to ensure school sites' compliance with complaint procedures established in its policies.

During the audit we noted that the district provides an annual training to its school site personnel; however, our audit determined that the training did not effectively "ensure that school sites follow the complaint procedures established in its policies." Although the district's annual notification does well to describe the complaint process timelines, the notification does not demonstrate that the district has performed the "one-stop visits" it described in its response.

1-Year Agency Response

The district conducts annual harassment prevention training to site administrators, supervisors, and managers which includes addressing complaints in accordance with district processes and procedures. Staff from the Bullying Prevention Office, Student Behavior Office and the Human Resources Department work closely with school leadership to ensure adherence to related policies.

California State Auditor's Assessment of 1-Year Status: No Action Taken

The district did not provide sufficient detail or evidence to support that it has taken any corrective actions to implement the recommendation. During the audit we noted that the district provides an annual training to its school site personnel; however, our audit determined that the training did not effectively "ensure that school sites follow the complaint procedures established in its policies." In addition, the district failed to indicate how it works closely with school leadership to implement the recommendation.

On September 30, 2014, we notified Sara Noguchi, Sacramento Unified's chief accountability officer, that we assessed the district's implementation status as "No Action Taken" for the reason stated above.

6-Month Agency Response

The district failed to update its response in the recommendations database.

California State Auditor's Assessment of 6-Month Status: No Action Taken

Despite our requests, Sacramento City Unified failed to update its response in the recommendations database.

60-Day Agency Response

The District plans to introduce new software to monitor complaint activities including training for potential investigators of record.

California State Auditor's Assessment of 60-Day Status: Pending

The district's response indicates that it is currently in the process of implementing this recommendation.

All Recommendations in 2012-108

Agency responses received are posted verbatim.