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Title IX and Nondiscrimination Notification
Cutler-Orosi Joint Unified School District is committed to providing equal opportunity for all individuals in district programs and activities. District programs, activities, and practices shall be free from unlawful discrimination, including discrimination against an individual or group based on race; color; ancestry; nationality; national origin; immigration status; ethnic group identification; ethnicity; age; religion; pregnancy, childbirth, termination of pregnancy, or lactation, including related medical conditions and recovery; parental, family, or marital status; reproductive health decisionmaking; physical or mental disability; medical condition; sex; sex stereotypes; sex characteristics; sexual orientation; gender; gender identity; gender expression; veteran or military status; or genetic information; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. District programs and activities shall be free of any discriminatory use, selection, or rejection of textbooks, instructional materials, library books, or similar educational resources.
Inquiries about Title IX may be referred to Cutler-Orosi Joint Unified School District’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. Cutler-Orosi Joint Unified School District’s Title IX Coordinator is:
Sunsie Tumacder Director of Student Services, Categorical Programs, and Accountability 12623 Ave 416 Orosi, CA 93647 [email protected] (559) 528-6949
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.
Student Rights Pursuant to Education Code Section 221.8 Education Code section 221.8 provides as follows: 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:
You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
You have the right to apply for athletic scholarships.
You have the right to receive equitable treatment and benefits in the provision of all of the following:
Equipment and supplies.
Scheduling of games and practices.
Transportation and daily allowances.
Access to tutoring.
Coaching
Locker rooms.
Practice and competitive facilities.
Medical and training facilities and services.
Publicity
You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws
You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
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.
You have the right to pursue civil remedies if you have been discriminated against.
You have the right to be protected against retaliation if you file a discrimination complaint.
What are a school’s responsibilities to address sexual harassment and sexual violence?
A school has a responsibility to respond promptly and effectively. If a school knows or reasonably should know about sexual harassment or sexual violence that creates a hostile environment, the school must take immediate action to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects.
Even if a student or his or her parent does not want to file a complaint or does not request that the school take any action on the student’s behalf, if a school knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation.
A criminal investigation into allegations of sexual harassment or sexual violence does not relieve the school of its duty under Title IX to resolve complaints promptly and equitably.
What procedures must a school have in place to prevent sexual harassment and sexual violence and resolve complaints?
Every School Must Have And Distribute A Policy Against Sex Discrimination
Title IX requires that each school publish a policy that it does not discriminate on the basis of sex in its education programs and activities. This notice must be widely distributed and available on an on-going basis.
The policy must state that inquiries concerning Title IX may be referred to the school’s Title IX coordinator or to Office of Civil Rights (OCR).
Every School Must Have A Title IX Coordinator
Every school must designate at least one employee who is responsible for coordinating the school’s compliance with Title IX. This person is sometimes referred to as the Title IX coordinator. Schools must notify all students and employees of the name or title and contact information of the Title IX coordinator.
The coordinator’s responsibilities include overseeing all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.
Every School Must Have And Make Known Procedures For Students To File Complaints Of Sex Discrimination.
Title IX requires schools to adopt and publish grievance procedures for students to file complaints of sex discrimination, including complaints of sexual harassment or sexual violence. Schools can use general disciplinary procedures to address complaints of sex discrimination. But all procedures must provide for prompt and equitable resolution of sex discrimination complaints.
Every complainant has the right to present his or her case. This includes the right to adequate, reliable, and impartial investigation of complaints, the right to have an equal opportunity to present witnesses and other evidence, and the right to the same appeal processes, for both parties.
Every complainant has the right to be notified of the time frame within which: (a) the school will conduct a full investigation of the complaint; (b) the parties will be notified of the outcome of the complaint; and (c) the parties may file an appeal, if applicable.
Every complainant has the right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred).
Every complainant has the right to be notified, in writing, of the outcome of the complaint.
Even though federal privacy laws limit disclosure of certain information in disciplinary proceedings:
Schools must disclose to the complainant information about the sanction imposed on the perpetrator when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall.
Additionally, the Clery Act (20 U.S.C. §1092(f)), which only applies to postsecondary institutions, requires that both parties be informed of the outcome, including sanction information, of any institutional proceeding alleging a sex offense. Therefore, colleges and universities may not require a complainant to abide by a non-disclosure agreement, in writing or otherwise.
The grievance procedures may include voluntary informal methods (e.g., mediation) for resolving some types of sexual harassment complaints. However, the complainant must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process. In cases involving allegations of sexual assault, mediation is not appropriate.
If you want to learn more about your rights, or if you believe that a school district, college, or university is violating Federal law, you may contact the U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or Email U.S. Department of Education. If you wish to fill out a complaint form online, click here.