Any person or representative alleging discrimination under federal or state law related to Food and Nutrition Services (FNS) Child Nutrition Programs activity has the right to file a complaint within 180 days of the alleged discriminatory action. Only the Secretary of Agriculture may extend this time under special circumstances. The complainant will be advised of confidentiality and Privacy Act applications. Parent/guardian notification will be considered, if appropriate. The complainant and the entity that the complaint is filed against will be encouraged to resolve the issue at the lowest possible level and as expeditiously as possible.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: https://www.usda.gov/about-usda/general-information/staff-offices/office-assistant-secretary-civil-rights/how-file-program-discrimination-complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;
fax: (202) 690-7442; or email: [email protected]
This institution is an equal opportunity provider.
If an individual reports a concern, they will be asked if they would like to submit an official complaint. If the individual does not file an official complaint, the staff member will clarify with the individual what they want to do with the information. If an individual does want to file an official complaint, the staff member will walk them through the USDA’s complaint process and clarify with the complainant whether they want to file with the USDA on their own or if they would like help in submitting a complaint. Whether an individual wants to file a complaint or not, staff members on notice of a complaint must notify the Principal of the building, and, depending on the nature of the complaint, either the District’s Civil Rights Coordinator or Title IX Coordinator.
Use of the USDA form is not a prerequisite for acceptance of the complaint. Further, in the event a complainant makes allegations verbally or in person, and is not inclined to place such allegations in writing, the person to whom the allegations are made will write up the elements of the complaint for the complainant. At a minimum, the log must contain the complainant(s) name, contact information, the location (including country), nature and date of the alleged discrimination, name of individual(s) and organization(s) alleged to have engaged in discrimination, basis of alleged discrimination, date of referral to FNS CRD, the findings of any investigation by FNS, and a descriptive disposition of the final complaint including any corrective action planned or taken.
All civil rights complaints alleging discrimination related to an FNS Child Nutrition Program activity, whether written or verbal, received by the Burlington Public Schools or the Massachusetts Department of Elementary and Secondary Education (DESE) will be forwarded to the FNS CRD within five (5) days of receipt and the complaint will be logged in the CNP specific Civil Rights complaint log. Anonymous complaints will be handled as any other complaints, to the extent feasible.
For any questions regarding filing a complaint with the USDA, including instructions on where to obtain the USDA Program Discrimination Complaint Form, please contact the Burlington Public Schools Food Service Director, Keri Noke, at 781-505-1166.
Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) may contact the responsible state or local agency that administers the program or the USDA through the USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339 for assistance in filing a complaint.
All complaints must be processed within 90 days of receipt. Once a complaint is received by the USDA a complaint analysis begins to determine whether the complaint is within USDA jurisdiction or requires a referral, or whether additional information is required from the Complainant. Once an investigation is determined necessary, the Complainant will be contacted. Once the investigation is complete, a decision letter or final agency decision will be issued.
All civil rights complaints will also be addressed either through the District’s Civil Rights Grievance Procedure, or the District’s Title IX Grievance Procedures, whichever applies. See information below for more details.
Allegations of Sexual Harassment
Allegations of conduct that could, if proven, meet the definition of sexual harassment under Title IX will be addressed through the District’s Title IX Sexual Harassment Grievance Procedure. Similarly, allegations of conduct that meet the definition of sexual harassment under Title IX, and simultaneously meet the definitions of sexual harassment under Title VII (employees), M.G.L. c. 151B (employees), and/or M.G.L. c. 151C (students), will also be addressed through the Title IX Sexual Harassment Grievance Procedures.
Allegations of conduct that do not meet the definition of sexual harassment under Title IX, but could, if proven, meet the definition(s) of sexual harassment under Title VII (employees), M.G.L. c. 151B (employees), and/or M.G.L. c. 151C (students), will be addressed through the Civil Rights Grievance Procedures.
Inquiries about the application of Title IX may be directed to the District’s Title IX Coordinator and/or the Assistant Secretary of the U.S. Department of Education, Office for Civil Rights.
The District’s Title IX Coordinator is:
Title IX Coordinator - For Students
Dr. Lisa Chen, Assistant Superintendent for Learning
Burlington Public Schools, 123 Cambridge Street, Burlington, MA 01803
email: [email protected] and phone number: (781) 270-1802
Title IX Coordinator - For Staff
Ms. Joanne Faust, Director of Human Resources
Burlington Public Schools, 123 Cambridge Street, Burlington, MA 01803
email: [email protected] and phone number: (781) 270-1774
All Other Civil Rights Allegations
All other non-Title IX civil rights allegations will be addressed through the Civil Rights Grievance Procedures.
The Civil Rights Coordinators is:
Civil Rights Coordinator - For Students
Ms. Kerri Lamprey, Director of English Learner Education
Burlington Public Schools
123 Cambridge Street, Burlington, MA 01803
email: [email protected] and phone number: (781) 270-1170
Civil Rights Coordinator - For Staff
Ms. Joanne Faust, Director of Human Resources
Burlington Public Schools
123 Cambridge Street, Burlington, MA 01803
email: [email protected] and phone number: (781) 270-1774
The contact information for state and federal employment discrimination enforcement agencies is as follows: (1) Federal: United States Equal Employment Opportunity Commission (EEOC); John F. Kennedy Federal Building; 15 New Sudbury Street, Room 475; Boston, MA 02203-0506; 1-800-669-4000; EEOC Boston Area Office Website: https://www.eeoc.gov/field-office/boston/location; and (2) State: Massachusetts Commission Against Discrimination (MCAD); Boston Headquarters; One Ashburton Place; Sixth Floor, Room 601; Boston, MA 02108; (617)- 994-6000; MCAD Website: https://www.mass.gov/orgs/massachusetts-commission against-discrimination.