Episode 38: California’s Uniform Complaint Procedures: What You Need to Know in 2020

Let’s Talk - Lozano Smith Podcast

Host Sloan Simmons talks with Lozano Smith attorneys Marisa Lincoln and Carolyn Gemma about California’s Uniform Complaint Procedures (UCP). Their discussion covers increasingly important legal parameters and best practices for complying with the State’s UCP, and how the UCP interacts with best practices in investigations and other complaint processes, such as that before the U.S. Department of Education’s Office for Civil Rights.

Show Notes & References

• 1:20 – What is the UCP?
• 6:54 – California Code of Regulations, title 5, section 4600 et seq. and CSBA Model Policy and Regulation 1312.3
• 7:03 – Types of complaints subject to the UCP
• 8:59 – Types of complaints that are not subject to the UCP
• 9:55 – Do UCP complaints need to be in writing?
• 12:04 – Requirements of the UCP
• 21:28 – Findings and Decision Letter
• 35:23 – CDE appeals process
• 43:55 – CSBA Model Policy and Regulation 5145.7 (Sexual Harassment Policy)
• 44:13 – CSBA Model Policy and Regulation 5145.3 (Anti-Discrimination, Intimidation and Bullying Policy)
• 48:45 – Education Code 234.1