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Student Rights under Title IX

Federal Title IX of the Education Amendments of 1972 (“Title IX”), implemented at 34 C.F.R. § 106.31, subd. (a), provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives federal financial assistance.  Relevant here, Title IX requires school districts to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

 

Title IX Coordinator

In the event of a complaint regarding gender equity or sexual harassment, or discrimination, including harassment, intimidation and bullying because of actual or perceived disability, sex, gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion, sexual orientation, age, marital or parental status, or association with a person or group with one or more of these actual or perceived characteristics, contact the following Title IX and Nondiscrimination Coordinator:

Assistant Superintendent of Student Achievement and Instruction


3500 Douglas Ave.

Mojave, CA  93505

760-373-4708

stephanienewby@mojave.k12.ca.us

 

 

Filing a Title IX Complaint with the District

 

Student complaints shall be submitted in written form in accordance with Board Policy 1312.3 - Uniform Complaint Procedures.  If the complainant is unable to prepare the complaint in writing due to conditions such as a disability or illiteracy, district staff shall assist him/her in the filing of the complaint.

Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex.  The time for filing may be extended up to 90 days by the Superintendent or the Superintendent’s designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complaint.

Within three business days after the compliance officer receives the complaint, he/she may informally discuss with all the parties the possibility of using mediation.  Mediation shall be offered to resolve complaints that involve more than one student and no adult.  Mediation shall not be offered or used to resolve any complaint involving an allegation of sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate.  If the mediation process does not resolve the problem within the parameters of the law, the compliance officer shall proceed with the investigation of the complaint.  The use of mediation shall not extend the district’s timelines for investigating and resolving the complaint unless the complainant agrees in writing to such an extension of time.

Within 10 business days after the compliance offer 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 compliance officer with any evidence or information leading to evidence, to support the allegations into the complaint.  Such evidence can be provided at any time during the investigation.

Within 60 calendar days, 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 final written decision.  This final written decision is based on the evidence gathered during the investigation.  Any complainant who is dissatisfied with the District’s final written decision, may file an appeal win writing with the California Department of Education within 15 calendar days of receiving the District’s decision.

Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights, within 180 days of the alleged discrimination, unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.  Additional details about filing a complaint may be found in Board Policy and Administrative Regulation 1312.3—Uniform Complaint Procedures.

 

Student Rights Pursuant to 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.

(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.

 

Additional Resources

·         United Stated Department of Education for Civil Rights

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

 

·         United States Department of Education Office for Civil Rights Complaint Form

https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf

Contact Information:  1-800-421-3481 or OCR@ed.gov

 

·         California Department of Education, Office of Equal Opportunity (OEO)

http://www.cde.ca.gov/re/di/or/oeo.asp

 

·         Uniform Complaint Procedures—MUSD Board Policy 1312.3

http://www.gamutonline.net/district/mojave/DisplayPolicy/949051/1