Title IX Complaint Procedures

Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) protects people from discrimination based on sex in education programs and activities that receive federal financial assistance.

The goal of Title IX is to provide greater levels of gender equity in schools. Title IX addresses 10 key areas: Access to Higher Education, Athletics, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Mathematics and Science, Sexual Harassment, Standardized Testing, and Technology.

Title IX regulation describes the conduct that violates Title IX. Examples of the types of discrimination covered 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 (OCR), 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.

Each school site is responsible for investigating all claims of sexual harassment. However, if the District receives a Title IX Complaint about the underlying harassment or about a school’s failure to appropriately respond, the District’s Title IX officer is under a duty to investigate the complaint. 

Office for Equal Opportunity EEOC Website

California Department of Education Website

Board Policy 4119.11 Sexual Harassment.pdf

Administrative Regulation 4119.11 Sexual Harassment.pdf

Administrative Regulation 4119.12 Title IX Sexual Harassment Complaint Procedures.pdf

Board Policy 0410 Nondiscrimination In District Programs And Activities.pdf

Board Policy 4030 Nondiscrimination In Employment.pdf

Board Policy 5145.3 Nondiscrimination/Harassment

Administrative Regulation 5145.3 Nondiscrimination/Harassment/Students.pdfTitle IX_Sexual Harassment Complaint Procedure.pdF

Cesar Torrico, Assistant Superintendent, Human Resources Department 

Alum Rock Union Elementary School District;
Tel: 408-928-6835

Email: cesar.torrico@arusd.org 

Rights and responsibilities information

The rights of a pupil and the public and the responsibilities of the school district under Title IX, which shall include, but shall not be limited to, web links to information about those rights and responsibilities located on the web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8.

• US Department of Education, Office for Civil Rights HERE
• Office of U.S. Equal Employment Opportunity Commission HERE
• Section 221.8 Rights: 
  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.

Following is information about the timeline that is used when filing and following up on a Title IX complaint.

* 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 person complaining (the complainant) first had 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.

* 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 must be initiated no later than six months from the date when the alleged incident occurred, or six months from the date when the person complaining (the complainant) first had 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.

Source: CCR 4630

• 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).

The Board of Trustees 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, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, 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.

All individuals shall be treated equitably in the receipt of district and school services. Personally identifiable information collected in the implementation of any district program, including, but not limited to, student and family information for the free and reduced-price lunch program, transportation, or any other educational program, shall be
used only for the purposes of the program, except when the Superintendent or designee authorizes its use for
another purpose in accordance with law. Resources and data collected by the district shall not be used, directly or by others, to compile a list, registry, or database of individuals based on race, gender, sexual orientation, religion, ethnicity, national origin, or immigration status or any other category identified above.

Pursuant to 34 CFR 104.8 and 34 CFR 106.9, the Superintendent or designee shall notify students, parents/guardians, employees, employee organizations, applicants for admission and employment, and sources of referral for applicants about the district's policy on nondiscrimination and related complaint procedures. Such notification shall be included in the annual parental notification distributed pursuant to Education Code 48980 and, as applicable, in announcements, bulletins, catalogs, application forms, or other materials distributed by the district. The notification shall also be posted on the district's web site and social media and in district schools and offices, including staff lounges, student government meeting rooms, and other prominent locations as appropriate.

In addition, the annual parental notification shall inform parents/guardians of their children's right to a free public education regardless of immigration status or religious beliefs, including information on educational rights issued by the California Attorney General. Alternatively, such information may be provided through any other cost-effective means determined by the Superintendent or designee. (Education Code 234.7)
(See also Board policy 0410.)

(See also Regulation 4119.12 Sexual Harassment Complaint Procedures.)

The California Department of Education compiled a list of organizations in our region that provide support to youth and their families who have been subjected to school-related discrimination, harassment, intimidation, and bullying. This also includes resources for youths affected by gangs, gun violence, and psychological trauma caused by violence at home, school, and in the community. 

What Training Does the District Provide to Staff?

Online Sexual Harassment Training is completed by all employees at the start of the school year and is required of all new hires during the school year. LEAD Training- Target Solutions. 

Title IX Trainings for ARUSD Staff

Presenters: Atkinson, Andelson, Loya, Ruud & Romo (aalrr):

• Title IX Compliance Training Webinar Training August 2, 2022. 
• Title IX Investigator Webinar Training August 3rd and 4th 2022, Part 1 & 2. 

Forward complaints to:

Cesar Torrico, Assistant Superintendent, Human Resources, Alum Rock Union Elementary School District

Email: cesar.torrico@arusd.org

Tel: 408-928-6835 

Additional contacts include:

Online

• US Department of Education, Office for Civil Rights HERE
• U.S. Department of Education Office for Civil Rights Form - HERE (click at bottom of page)
• Office of U.S. Equal Employment Opportunity Commission HERE

Phone, Fax, or U.S. Mail 

• U.S. Department of Education, Office for Civil Rights, 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
• San Francisco Office, Office for Civil Rights, U.S. Department of Education, 50 United Nations Plaza, Mail Box 1200, Room 1545, San Francisco, CA 94102, Telephone: 415-486-5555, FAX: 415-486-5570; TDD: 800-877-8339, Email:  ocr.sanfrancisco@ed.gov

• 1.18.2024 Lozano Smith- Best Practices for Identifying, Responding to, and Investigating Sexual Harassment Complaints Under Title IX. 
• 8.2.2022 Atkinson, Andelson, Loya, Ruud & Romo (aalrr) Title IX Team and Process.pdf
• 8.3.2022 Atkinson, Andelson, Loya, Ruud & Romo (aalrr) slides Session 1 Title IX Investigator.pdf
• 8.3.22 Atkinson, Andelson, Loya, Ruud & Romo (aalrr) Hypothetical NOA for Session 1 Investigator Training Title IX.pdf
• 8.3.22 Atkinson, Andelson, Loya, Ruud & Romo (aalrr) Investigation Planning for Session 1 Title IX Training.pdf
• 8.4.22 Atkinson, Andelson, Loya, Ruud & Romo (aalrr) Session 2 of Title IX Investigator Training.PDF