Title
IX per SB 1375
What is Title IX?
Title IX of the Education
Amendments of 1972 protects people from discrimination based on sex in
education programs and activities that receive federal financial assistance.
The Title IX regulation describes the conduct that violates Title IX. Examples
of the types of discrimination that are covered under Title IX include sexual
harassment, the failure to provide equal opportunity in athletics, and
discrimination based on pregnancy. To enforce Title IX, the U.S. Department of
Education maintains an Office for Civil Rights, with headquarters in
Washington, DC and 12 offices across the United States. Source: U.S.
Department of Education, Office for Civil Rights. (2015) Title
IX and Sex Discrimination Also see: Title IX Fast Facts
Contact
information of the Title IX coordinator:
Susan Salucci, Assistant
Superintendent / Human Resources,
Discrimination/Equity & Title IX Compliance Officer
Email: ssalucci@orcutt-schools.net; Phone:
805-938-8909
Mailing Address: 500 Dyer Street, Santa Maria, CA 93455
Student Rights Regarding the Sex Equity in
Education Act, Education Code
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.
Complaint Process:
For a description of
the complaint process under Title IX, please see Administrative Regulation 5145.71. The complaint procedures
described in this administrative regulation shall be used to address any
complaint governed by Title IX of the Education Amendments of 1972 alleging
that a student was subjected to one or more of the following forms of sexual
harassment: (34 CFR 106.30)
1. A
district employee conditioning the provision of a district aid, benefit, or
service on the student's participation in unwelcome sexual conduct
2. Unwelcome
conduct determined by a reasonable person to be so severe, pervasive, and
objectively offensive that it effectively denies a student equal access to the
district's education program or activity
3. Sexual assault, dating violence, domestic
violence, or stalking as defined in 20 USC 1092 or 34 USC 12291
All other sexual harassment
complaints shall be investigated and responded to pursuant to Uniform
Complaint Procedures, Administrative Regulation 1312.3. AR 1312.3 also includes the timeline for responding to Title IX qualified sexual harassment complaints as follows:
A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that they have personally suffered unlawful discrimination or 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 discrimination occurred, or six months from the date when the complainant first obtained knowledge of the facts of the alleged 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)