Complaint Procedures

Making Waves Academy has the responsibility to ensure compliance with applicable state and federal laws and regulations governing education programs. Making Waves Academy shall investigate any complaint alleging failure to comply with such laws and/or alleging unlawful discrimination, and shall seek to resolve those complaints in accordance with the school’s procedures.

Uniform Complaint Procedures

A Uniform Complaint alleges a violation of federal or state laws governing educational programs, including allegations of unlawful discrimination, harassment, intimidation, bullying, and failure to comply with laws relating to pupil fees. Title IX violations shall also be reported via the Uniform Complaint Procedure (UCP).

Pupil Fees

A pupil fee includes, but is not limited to, all of the following:

  1. A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.
  2. A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, clothes, or other materials or equipment.
  3. A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.

A pupil fees complaint may be filed with the Director of a school or CEO or his or her designee. A pupil fees and/or an LCAP complaint may be filed anonymously, however, the complainant must provide evidence or information leading to evidence to support the complaint.

A pupil enrolled in a school in our school shall not be required to pay a pupil fee for participation in an educational activity.

A pupil fee complaint shall be filed no later than one year from the date the alleged violation occurred.

We shall post a standardized notice of the educational rights of pupils in foster care, pupils who are homeless, and former juvenile court pupils now enrolled in a school as specified in EC Sections 48853, 48853.5, 49069.5, 51225.1, and 51225.2.  This notice shall include complaint process information, as applicable.

Title IX

Each Making Waves Academy (MWA) student and employee has a right to learn and work in an environment that is free from unlawful discrimination. No MWA student or employee shall be excluded from participation in, be denied the benefits of, or be subject to discrimination on the basis of actual or perceived sex, sexual orientation, gender, or gender identity or expression.

Title IX of the Educational Amendments of 1972, is one of several federal and state anti-discrimination laws that ensure equality in education. Title IX prohibits discrimination, harassment, exclusion, denial, limitation or separation based on sex or gender. Title IX applies to both male and female students in any educational institution receiving federal funding.

Your Rights and Responsibilities Under Title IX:

  1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
  2. You have the right to be provided with an equitable opportunity to participate in all  academic extracurricular activities and athletics offered by MWA
  3. MWA currently offers various athletic programs. You have the right to inquire of the athletic director or other appropriate MWA administrator as to the athletic opportunities offered by the School.
  4. You have the right to receive equitable treatment and benefits in the provision of all of the following:
    1. Participation in athletics
    2. Enrollment in classes
    3. Counseling Services
    4. Participation in extracurricular activities
    5. Treatment in the classroom
    6. Recognition and honors, special awards, scholarships
    7. Graduation activities
  5. You have the right to have access to our Title IX Coordinator regarding gender equity laws. Please see above for this Coordinator’s contact information.
  6. You have the right to file a confidential discrimination complaint with the United States Office for Civil Rights or California Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex. See below for more information regarding how to file a complaint.
  7. You have the right to pursue civil remedies if you have been discriminated against.
  8. You have the right to be protected against retaliation if you file a discrimination complaint.

How to File a Title IX Complaint

A written complaint may be filed through MWA’s Uniform Complaint Procedures. Please see the Student-Parent/Guardian Handbook for a complete copy of this policy.

Complaints alleging discrimination, harassment, intimidation, or bullying, must be filed within six (6) months from the date the alleged discrimination, harassment, intimidation, or bullying, occurred or the date the complainant first obtained knowledge of the facts of the alleged  discrimination, harassment, intimidation, or bullying, unless the time for filing is extended by the superintendent or his or her designee. An appeal of the Educational Equity Compliance Office's findings may be made to the California Department of Education - Office of Educational Equity.

The staff member, position, or unit responsible to receive UCP complaints in our agency is:

Alton B. Nelson, Jr. Chief Executive Officer
4123 Lakeside Drive
Richmond, CA 94806
Phone: (510) 262-1511
Email: anelson@mwacademy.org

Complaints will be investigated and a written report with a Decision will be sent to the complainant within sixty (60) days from the receipt of the complaint. This time period may be extended by written agreement of the complainant. The person responsible for investigating the complaint shall conduct and complete the investigation in accordance with our UCP policies and procedures.

The complainant has a right to appeal our Decision of complaints regarding specific programs and activities subject to the UCP, pupil fees and the LCAP to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving our Decision. The appeal must be accompanied by a copy of the originally-filed complaint and a copy of our Decision.

We advise any complainant of civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable.

Copies of our Uniform Complaint Procedures process shall be available free of charge.

More Information on Title IX and Complaint Procedures

United States Department of Education Office for Civil Rights:

California Department of Education Office of Equal Opportunity:

Williams Complaint

Making Waves Academy adopted the Uniform Complaint Procedures (UCP) process in accordance with Chapter 5.1 (commencing with Section 4680) of the California Code of Regulations, Title 5, to resolve Williams complaints. This document presents information about how we process complaints concerning Williams Settlement issues. A UCP complaint is a written and signed statement by a complainant alleging a violation of state laws or regulations. A complainant is any individual, including a person's duly authorized representative or an interested third party, public agency, or organization who files a written complaint alleging violation of state laws or regulations, regarding alleged deficiencies related to instructional materials, the condition of a facility that is not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment. If a complainant is unable to put the complaint in writing, due to a disability or illiteracy, we shall assist the complainant in the filing of the complaint.

Filing a Williams Complaint with Making Waves Academy

A Williams complaint may be filed anonymously. The following is responsible for receiving and investigating complaints and ensuring our compliance:

Libby A. Cole, Chief Operations Officer
4123 Lakeside Drive. Richmond, CA 94806
Phone: 510-262-1511
E-mail address: lcole@mwacademy.org