Title IX and Gender-Based Harassment

Contacts

Nea Title IX Coordinator

India Perkins

P: (510) 748-4008

E: india.perkins@neaclc.org


ACLC Title IX Coordinator

Heather Mahaffey

P: (510) 995-4300

E: heather.mahaffey@alamedaclc.org

US Department of Education Office of Civil Rights

OCR website

Lyndon Baines Johnson Department of Education Bldg,

400 Maryland Avenue, SW, Washington, DC 20202-1100

Telephone: 800-421-3481

FAX: 202-453-6012

TDD: 800-877 8339

Email: OCR@ed.gov

Introduction

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 schools and districts to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

Learner 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. § 1681 et seq.), may be used by the department for purposes of Section 221.6:

  1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
  2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
  3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
  4. You have the right to apply for athletic scholarships.
  5. 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.
  6. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
  7. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
  8. You have the right to file a confidential discrimination complaint with the United States Office for 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.
  9. You have the right to pursue civil remedies if you have been discriminated against.
  10. You have the right to be protected against retaliation if you file a discrimination complaint.

How to File a Title IX Complaint

Complaints of sexual harassment or sexual violence shall be reported and investigated in accordance with law, and with CLCS Schools' Uniform Complaint Procedures, policy, and regulations. 

The complaint shall be initiated no later than six months from the date that the alleged unlawful discrimination occurred, or six months from the date that 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 Executive Director or designee for good cause upon written request by the complainant setting forth the reasons for the extension.

Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.

The compliance officer shall provide the complainant and/or the complainant's representative with the opportunity to present the information contained in the complaint to the compliance officer and shall notify the complainant and/or 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.

Unless extended by written agreement with the complainant, a final decision shall be sent to the complainant within 60 calendar days of CLCS's receipt of the complaint.