title ix

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Bullying, Nondiscrimination, Harassment
BP - 5145.9 -Hate Motivated Behavior

Purpose

This policy aims to prevent sex-based harassment and discrimination in educational institutions. It covers various areas, including academic programs, financial aid, athletics, employment, and parental/marital status. The policy prohibits excluding individuals based on sex, unequal financial aid, unequal opportunities in sports, and discrimination in employment. It also outlines tests to assess gender equity in athletics. In case of budget cuts, the institution must comply with gender equity laws. The policy emphasizes interpreting its criteria consistently with existing civil rights regulations.

Know your rights under Title IX

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.

Title IX Coordinator:

The district designates the individual(s) identified (right)as the employee(s) responsible for coordinating the district's efforts to comply with applicable state and federal civil rights laws and to answer inquiries regarding the district's nondiscrimination policies. The individual(s) shall also serve as the compliance officer(s) specified in AR 1312.3 - Uniform Complaint Procedures as the responsible employee to handle complaints alleging unlawful discrimination targeting a student, including discriminatory harassment, intimidation, or bullying, based on the student's actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or any other legally protected status or association with a person or group with one or more of these actual or perceived characteristics.

Title IX Coordinator Training:

The WUSD Title IX Coordinator and other decision makers are trained using a variety of web-based courses, and in-person seminars including the CSBA training led by Bob Tuercky, Chief Legal Council in 2023.

How to file a complaint under Title IX:

  • A written complaint alleging district violation of applicable state or federal law or regulations governing adult education programs, consolidated categorical aid programs, migrant education, career technical and technical education and training programs, child care and development programs, child nutrition programs, and special education programs may be filed by any individual, public agency, or organization. (5 CCR 4630)

  • Any complaint alleging noncompliance with law regarding the prohibition against requiring students to pay student fees, deposits, and charges or any requirement related to the LCAP may be filed anonymously if the complaint provides evidence, or information leading to evidence, to support an allegation of noncompliance. A complaint about a violation of the prohibition against the charging of unlawful student fees may be filed with the principal of the school. However, any such complaint shall be filed no later than one year from the date the alleged violation occurred. (Education Code 49013, 52075; 5 CCR 4630)

  • A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that he/she personally suffered the unlawful discrimination or by a person 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 unlawful discrimination occurred, or six months from the date when 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 Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension. (5 CCR 4630)

  • When a complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) is filed anonymously, the compliance officer shall pursue an investigation or other response as appropriate, depending on the specificity and reliability of the information provided and the seriousness of the allegation.

  • When the complainant or alleged victim of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) requests confidentiality, the compliance officer shall inform him/her that the request may limit the district's ability to investigate the conduct or take other necessary action. When honoring a request for confidentiality, the district shall nevertheless take all reasonable steps to investigate and resolve/respond to the complaint consistent with the request.

  • If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, district staff shall assist him/her in the filing of the complaint. (5 CCR 4600)

  • Forward complaints to Jose M. Aldaco, Superintendent, email; Tel: (209) 874-1809

GLORIA

GLORIA GONZALES

DIRECTOR OF HR - TITLE IX COORDINATOR

EMAIL

209.874.1809 Ext 0130

WUSD ADMIN REGULATION 1312.3

OFFICE OF CIVIL RIGHTS

OCR PHONE: (800) 421-3481

OCR EMAIL: OCR.SANFRANCISCO@ED.GOV

ED DEPT, OFFICE OF CIVIL RIGHTS
EQUAL EMPLOYMENT OPPORTUNITY OFFICE
OCR COMPLAINT FORM
AR 230 - SEX EQUITY IN EDUCATION
RESOURCES FOR YOUTH - CDE
AR 5145 -PREVENTION MEASURES

Statute of Limitations for Title IX

A complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) must be filed not later than six months from the date it occurred, or six months from the date 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 superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.

A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that he/she personally suffered the unlawful discrimination or by a person 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 unlawful discrimination occurred, or six months from the date when 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 superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.

How Title IX is Investigated

Per WUSD Administrative Regulation 1312.3, All Uniform Complaint Procedures related complaints shall be investigated and resolved within 60 calendar days of the district's receipt of the complaint unless the complainant agrees in writing to an extension of the timeline. (5 CCR 4631). The compliance officer shall maintain a record of each complaint and subsequent related actions, including steps taken during the investigation and all information required for compliance with 5 CCR 4631 and 4633. All parties involved in the allegations shall be notified when a complaint is filed and when a decision or ruling is made. However, the compliance officer shall keep all complaints or allegations of retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) confidential except when disclosure is necessary to carry out the investigation, take subsequent corrective action, conduct ongoing monitoring, or maintain the integrity of the process. (5 CCR 4630, 4964)