Twin Rivers - Gender Equity/Title IX

Gender Equity/Title IX

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex-based discrimination in all educational programs and activities, including athletic programs.

Title IX protects all participants in Twin Rivers Unified School District’s (“District”) educational programs and activities, including students, parents, employees, and job applicants. The District does not discriminate on the basis of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.

In addition to Title IX, the California Education Code prohibits discrimination on the basis of sex in schools (California Education Code § 220.221.1). Other state and federal laws also prohibit discrimination and ensure equality in education.

The District has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. The District must resolve complaints of sex discrimination promptly and equitably. Information on filing a complaint alleging sex-based discrimination is below, including contact information for the District’s Title IX Coordinator.

You have the following rights under Title IX, to the extent applicable at the District. California Education Code § 221.5-231.5 provides a complete list of rights including:

(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.

(e) You have the right to receive equitable treatment and benefits in the provision of all of the following:

(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.

California Department of Education Office of Equal Opportunity & Access

United States Department of Education Office for Civil Rights

United States Department of Education Office for Civil Rights Website on Sex Discrimination

United States Department of Education Office for Civil Rights Know Your Rights Documents

California Department of Education Office of Equal Opportunity

California Department of Education Gender Equity/Title IX

How Will a Complaint Be Investigated?

Within fifteen (15) business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.

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. The compliance officer will organize private interviews with 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. At appropriate intervals, the compliance officer shall inform both parties of the status of the investigation.

To investigate a complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the compliance officer will organize private interviews with the alleged victim(s), any alleged offenders, and other relevant witnesses. As necessary, additional staff or legal counsel may conduct or support the investigation.

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is one, a written report within sixty (60) calendar days of the district’s receipt of the complaint. (5 CCR 4631)

For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:

Notice of the complainant’s and respondent’s right to appeal the district’s decision to the CDE within fifteen (15) calendar days, and procedures to be followed for initiating such an appeal

For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:

The complainant may pursue available civil law remedies outside of the district’s complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) days after the filing of an appeal with the CDE. (Education Code 262.3)

The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code 262.3)

Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.

For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:

Notice of the complainant’s and respondent’s right to appeal the district’s decision to the CDE within fifteen (15) calendar days, and procedures to be followed for initiating such an appeal.

For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:

The complainant may pursue available civil law remedies outside of the district’s complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) calendar days after the filing of an appeal with the CDE. (Education Code 262.3)

The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code 262.3)

Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.

If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.

TITLE IX - Sex Based Nondiscrimination Statute

Each student and employee has a right to learn and work in an environment that is free from unlawful discrimination. No District 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.

Pregnant students and teen parents have a right to equal education, full participation, and to enroll in any school or program for which they would otherwise qualify at any stage of the pregnancy. They have the right to remain in their regular or current school program, including elementary or secondary schools, honors and magnet programs, special education and non-public school placements, alternative/options programs, migrant education, free and reduced lunch programs and services for English Learners, and any others for which they are otherwise qualified. This would also include participation in the following: graduation, awards, ceremonies; field trips; student clubs, councils, after-school activities, and any other school-related programs. Students cannot legally be expelled, suspended, or otherwise excluded from, or required to participate in school programs solely on the basis of their pregnancy-related conditions, or marital or parental status.

California Education Code Sections 200 through 282 and Twin Rivers Unified School District Board Policy prohibits discrimination on the basis of sex, sexual orientation or gender. Title IX requires that every school district or institution have a Title IX Coordinator to whom concerns or complaints regarding sex discrimination can be made.

Complaint Process

Students or parents/guardians should report their verbal or written Title IX complaint to the school administrator or Title IX within six months from the date the alleged incident occurred or first obtained knowledge. Complainants have a right to a timely and informal resolution at the school site.

How A Complaint of Discrimination, Harassment, Intimidation, and Bullying Is Filed

The California Code of Regulations (Title 5, Section 4600 et seq.) requires the districts, among other things, to adopt and publish procedures referred to as the Uniform Complaint Procedures (UCP) that provide for prompt and equitable resolution of discrimination, harassment, intimidation, and bullying complaints. The district must notify students, employees, and parents, as well as others, of its local complaint procedures and identify the person or persons responsible for processing complaints.

If you are a student, parent or interested third party or organization and you want to report an instance of discrimination, harassment, intimidation and bullying, a complaint must be filed with your school district no later than six months from the date the incident occurred, or the date you first obtained knowledge that the incident occurred. Your school district may have a complaint form available for your use. It is a good idea to make a copy of the complaint for the record.

Statue Of Limitations, Extension of Complaint Process and Appeals

The district has 60 days to complete an investigation and provide a written decision to the person filing the complaint. The LEA must conduct and complete an investigation of the complaint and prepare a written decision to a UCP complaint within 60 calendar days of the date of receipt. This time period may be extended by written agreement of the complainant. If the person disagrees with the findings of the investigation the complainant has the right to appeal those findings within 15 days of receiving the decision to the CDE. In addition, an appeal to the Department can be filed should the district fail to provide a written response. This appeal must be received by the Department within 15 days of the date the response was due.

For more information, visit the California Department of Education's webpage on Uniform Complaint Procedures.

https://www.cde.ca.gov/re/cp/uc/index.asp

Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within one hundred eighty (180) days of the alleged discrimination. For contact information, see the section above on "How do I file a complaint of sex discrimination?" For more information visit:

https://www2.ed.gov/about/offices/list/ocr/complaintintro.html