Title IX
Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identify, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." Title IX requires that each school district have at least one person designated as the Title IX Coordinator (see Non-Discrimination Statement below).
Rights & Responsibilities
The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to:
Rights Accorded Under California Education Code Section 221.8:
The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:
(a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
(b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
(c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
(d) You have the right to apply for athletic scholarships (if the school offers any).
(e) You have the right to receive equitable treatment and benefits in the provision of all of the following (related to athletics, if any are provided by the school):
(1) Equipment and supplies.
(2) Scheduling of games and practices.
(3) Transportation and daily allowances.
(4) Access to tutoring.
(5) Coaching.
(6) Locker rooms.
(7) Practice and competitive facilities.
(8) Medical and training facilities and services.
(9) Publicity.
(f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
(g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
(h) You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State 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.
(i) You have the right to pursue civil remedies if you have been discriminated against.
(j) You have the right to be protected against retaliation if you file a discrimination complaint.
How to file a complaint:
Please utilize the Uniform Complaint process according to the District’s Board Policy 1312.3 and accompanying Administrative Regulation for all discrimination complaints, including Title IX concerns. The District’s Policy on Title IX Sexual Harassment Complaint Procedures (5145.71) can be accessed on the District’s website - Board Policy Link.
How to file a complaint:
- All complaints shall be filed in writing and signed by the complainant or utilize the ERUSD Title IX Complaint Form.
- Send or deliver to the Human Resources office at 9333 Loch Lomond Drive, Pico Rivera CA 90660 or email the complaint to the compliance officer, Dr. Virginia Kelsen [email protected]
- The complaint shall be presented to the compliance officer who shall maintain a log of complaints received, providing each with a code number and a date stamp. If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, district staff shall assist him/her in the filing of the complaint. (5 CCR 4600)
A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that he/she personally suffered the unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to it. The complaint shall be initiated no later than six months from the date when the alleged unlawful discrimination occurred, or six months from the date when the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension. (5 CCR 4630)
You may also file a complaint with the U.S. Department of Education Office for Civil Rights:
San Francisco Office for Civil Rights U.S. Department of Education
50 United Nations Plaza, San Francisco, CA 94102
Phone: (415) 486-5555 - Fax: (415) 486-5570; TDD: (800) 877-8339
Email: [email protected] -US Department of Education Office for Civil Rights Complaint Form
For more information, visit the Office for Civil Rights Website. The electronic complaint form for the Office for Civil Rights is available online.
ERUSD Title IX Complaint Form
Statue of Limitations
A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that he/she personally suffered the unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to it. The complaint shall be initiated no later than six months from the date when the alleged unlawful discrimination occurred, or six months from the date when the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension. (5 CCR 4630)
Any parent, guardian, individual, organization has the right to file a written complaint of discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic within six months from the date the alleged incident occurred or the complainant first obtained knowledge of the facts of the alleged incident.
The timeline for filing a complaint of discrimination, harassment, intimidation, and/or bullying can be extended by Title IX Coordinator or designee, upon written request by explaining the reasons for the extension. All extension requests to the Title IX Coordinator or designee shall be made in writing. The period for filing may be extended by the Title IX Coordinator or designee for a period not to exceed 90 days following the expiration of the six month time period. The Title IX Coordinator shall respond appropriately upon a receipt for an extension. How are discrimination complaints investigated? All complaints filed to the district are conducted pursuant to its Uniform Complaint Procedures (UCP) policy. The district’s Title IX Coordinator will timestamp new complaints of discrimination, harassment, intimidation, and/or bullying when received and will provide an acknowledgment letter framing the allegations under the jurisdiction of the UCP and referring a complainant to appropriate offices and resources for issues not covered under UCP jurisdiction.
Under the district’s UCP policy, the district has sixty (60) calendar days from receipt of the complaint to investigate the complaint and to send a letter with findings to relevant parties. During the investigative process, the district shall contact the complainant and other applicable parties to request documents and information. The district will provide an opportunity for the complainant to present evidence or information to support his/her allegations. The district ensures that, within 60 days of receipt of the written complaint, the complaint has been resolved and/or investigated and that a written report of findings is issued to the complainant. If the TItle IX Coordinator finds that a complaint has merit, the school will take appropriate corrective action.
The complainant may appeal the School’s decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the School’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the School and a copy of the School’s decision. For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures: http://www.cde.ca.gov/re/cp/uc/index.asp.
For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) calendar days after filing an appeal with the California Department of Education. (California Education Code § 262.3.)
Investigative Process
Title IX complaints are investigated through Administrative Regulation (1312.3) – Uniform Complaint Procedures.
Investigation of Complaint
Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.
Within one business day of initiating the investigation, the compliance officer shall provide the complainant and/or his/her representative with the opportunity to present the information contained in the complaint to the compliance officer and shall notify the complainant and/or his/her representative of the opportunity to present the compliance officer with any evidence, or information leading to evidence, to support the allegations in the complaint. Such evidence or information may be presented at any time during the investigation.
In conducting the investigation, the compliance officer shall collect all available documents and review all available records, notes, or statements related to the complaint, including any additional evidence or information received from the parties during the course of the investigation. He/she shall individually interview all available witnesses with information pertinent to the complaint, and may visit any reasonably accessible location where the relevant actions are alleged to have taken place. To investigate a complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the compliance officer shall interview the alleged victim(s), any alleged offenders, and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.
A complainant's refusal to provide the district's investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or engagement in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegation. (5 CCR 4631)
In accordance with the law, the district shall provide the investigator with access to records and other information related to the allegation in the complaint and shall not in any way obstruct the investigation. Failure or refusal of the district to cooperate in the investigation may result in a finding based on evidence collected that a violation has occurred and in the imposition of a remedy in favor of the complainant. (5 CCR 4631)
The compliance officer shall apply a "preponderance of the evidence" standard in determining the veracity of the factual allegations in a complaint. This standard is met if the allegation is more likely to be true than not.
Title IX Team Training Materials
NON-DISCRIMINATION STATEMENT
The El Rancho Unified School District Board of Education is committed to equal opportunity for all individuals in education. District programs, activities, practices, and employment shall be free from discrimination, harassment, intimidation, and bullying based on race, color, ancestry, national origin, immigration status, ethnic group identification, age, religion, marital or parental status, pregnancy, physical or mental disability, sex, sexual orientation, gender, gender identity or expression or the perception of one or more of such characteristics; or association with a person or a group with one or more of these actual or perceived characteristics. This policy applies to all acts related to school activity or school attendance within a school under the jurisdiction of the Superintendent. Any school employee who witnesses an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall immediately intervene to stop the incident when it is safe to do so.
The Board designates the Interim Director of Human Resources as the Compliance Officer to receive and investigate complaints and ensure District compliance with state and federal laws and regulations including Title IX. The Compliance Officer may designate another District administrator to investigate complaints. If you have a complaint, you are to submit it in writing to:
Dr. Virginia Kelsen
Director, Human Resources
Title IX Coordinator & Compliance Officer
562-801-7340
If you have any additional questions regarding the process, please contact Human Resources at 562-801-7340. A copy of Board Policy 0410 – Nondiscrimination in District Programs and Activities is available at www.erusd.org.