Title IX

FILE A FORMAL COMPLAINT

What is Title IX?

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

(Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.) and related regulations (34 C.F.R. Part 106)

Title IX is a federal law passed in 1972 to ensure students and employees in educational settings are treated equally and fairly, with a right to learn and work in an environment that is free from unlawful discrimination. It prohibits discrimination, harassment, exclusion, denial, limitation or separation on the basis or actual or perceived sex, sexual orientation, gender, or gender identity or expression. It applies to both male and female students in any educational institution receiving federal funding.

Key areas addressed by Title IX include: athletics; sexual misconduct, including sexual harassment and sexual violence; pregnant and parenting students; off-campus activities; recruitment and admission; employment; and retaliation.

List of rights under Article 4. Sex Equity in Education Act [221.8]

(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.

Title IX of the Education Amendments of 1972 is one of several federal and state anti-discrimination laws that ensure equality in education. New Title IX regulations were recently adopted by the Federal Government which specifically focus on how school districts investigate sexual harassment.

Title IX requires that each school district have at least one person designated as the Title IX Coordinator to whom concerns or complaints regarding sex discrimination can be made.

Fresno Unified School District Title IX Coordinator

David Chavez
Chief Human Resources
Title IX/Age Discrimination Act
Fresno Unified School District
2309 Tulare
Fresno, CA 93721
Phone: (559) 457-3730
Email: titleIX@fresnounified.org

Brian Wall
Director
Student Title IX Coordinator
Fresno Unified School District
2309 Tulare
Fresno, CA 93721
Phone: (559) 457-3850
Email: titleIX@fresnounified.org

Definition of Sexual Harassment

The Title regulations define sexual harassment as conduct, performed on the basis of sex, that satisfies one or more of the following:

A district employee conditioning the provision of a district aid, benefit, or service on the student’s participation in unwelcome sexual conduct
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
Sexual assault, dating violence, domestic violence, or stalking defined as follows:
- Forcible sexual assault includes any sexual act directed against a student, forcibly, against the student’s will, or without consent, including rape, sodomy, sexual assault with an object, and fondling. (See 20 USC 1092(f)(6)(A)(v).)
- Non-forcible sexual assault includes offenses that do not involve force where the student is incapable of giving consent, including statutory rape and incest. (See 20 USC1092(f)(6)(A)(v).)
- Dating violence includes violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the student, where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship and/or the frequency of interaction between the persons involved in the relationship. (See 34 USC 12291(a)(10).)
- Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the student. (See 34 USC 12291(a)(8).)
- Stalking which includes engaging in a course of conduct directed at a student that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. (See 34 USC 12291(a)(30).)

Title IX Complaint Process

Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the District or the Office for Civil Rights (OCR). If a crime is involved, such as sexual assault or rate, individuals may also file a report with the local police department. A person may pursue one or all of the avenues at the same time.

District Complaint

Students or parents/guardians should report their verbal or written Title IX complaint to the school administrator to be forwarded to the District’s Title IX Coordinator, or directly to the District’s Title IX Coordinator. Employees shall report a Title IX complaint directly to or forwarded to the District’s Title IX Coordinator. Complainants have a right to a timely resolution of their complaints. The complaint procedures described in Fresno Unified Administrative Regulation (AR) 4119.12, 4219.12, 4319.12, 5145.71 shall be used to address any complaint governed by Title IX of the Education Amendments of 1972 alleging that a District student or employee was subjected to one or more forms of sexual harassment (34 CFR 106.30).

Complaints that, if true, would constitute sexual harassment under Title IX, may be filed via the Title IX Formal Complaint Form (Hard Copy) or the Title IX Formal Complaint Form (Electronic).

If the complainant attempts to address concerns at the school site or local District and is dissatisfied, the complainant may also file a written Uniform Complaint Procedures (UCP) complaint directly with the Title 5 Compliance Officer with the Constituent Services Office. See Uniform complaint forms Uniform Complaint Forms. This will begin the investigation process under UCP which must be completed within 60 days. The UCP process requires that a complaint be filed within 6 months of the date the complainant became aware of the alleged violation. If more than 6 months have passed, the complainant may file a UCP and request an extension of the timeline, which must be approved by either the District Coordinator or Superintendent. An appeal of the Educational Equity Compliance Office’s findings may be made to the California Department of Education Office of Educational Equity.

Investigation Procedures

During the investigation process, the district’s designated investigator shall: (34 CFR 106.45)

Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence
Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings, with sufficient time for the party to prepare to participate
Send in an electronic format or hard copy to both parties and their advisors, if any, any evidence that is obtained as part of the investigation that is directly related to the allegations raised in the complaint, including the evidence upon which the district does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence obtained by a party or other source, so that each party can meaningfully respond to the evidence, and provide the parties at least 10 days to submit a written response for the investigator to consider prior to the completion of the investigative report
Objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence, and determine credibility in a manner that is not based on a person’s status as a complainant, respondent, or witness
Create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to the determination of responsibility, send to the parties and their advisors, if any, the investigative report in an electronic format or a hard copy, for their review and written response
After sending the investigative report to the parties for review and before a decision-maker reaches a determination regarding responsibility, the decision-maker must afford each party the opportunity to submit written, relevant questions that the party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party

Statue of limitations for filing an alleged incident of harassment or discrimination

Any parent, guardian, individual, or organization has the right to file a written complaint or discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristics within six months from the date the alleged incident occurred or when the complainant first obtained knowledge of the facts of the alleged incident. Complaints involving sexual harassment as defined under the Title IX regulations, are not limited to the sixth-month statue of limitations.

OCR Complaint

OCR investigates discrimination complaints against schools, colleges and universities, institutions, and agencies which receive funds or other forms of financial assistance from the U.S. Department of Education and against public educational entities and libraries that are subject to the provisions of Title II of the American with Disabilities Act. To file an education discrimination complaint on the basis of race, sex, disability & more, you can go to the following OCR Website which will guide you through the complaint filing or contact the Office for Civil Rights (OCR) 1-800-421-3481; ocr@ed.gov.

OCR requires that the complaint be filed within 180 calendar days after the alleged violation. As set forth in OCR’s complaint form, the reporter can request a waiver of this requirement by explaining why the complaint was delayed. Please contact OCR, or visit the website above if you have any questions or concerns about this time requirement.

Title IX Information for Students, Families & Staff

Student’s Rights Under Title IX

Students have the right to equal learning opportunities in their schools.
Students and employees may not be excluded from participation in, be denied the benefits of, or be subjected to harassment or other forms of discrimination on the basis of sex, sexual orientation, gender identity or gender expression in any program or activity.
Students may not be required to take and/or may not be denied enrollment in a course because of their sex, sexual orientation, gender identity or gender expression.
Students have the right to be evaluated and graded without regard to their sex, sexual orientation, gender identity or gender expression.
Students must be provided counseling and guidance that is not discriminatory.
Counselors may not urge students to enroll in particular classes or programs or activities based on sex, sexual orientation, gender identity or gender expression
Schools must offer female and male students equal opportunities to play sports.
Equipment and supplies, game and practice schedules, budgets, coaching travel allowances, facilities, publicity, support services and tutoring offered to teams are to be equivalent between male and female teams.
Pregnant and parenting students have the same right as any other student to continue in their regular school and in any program for which they qualify.
Students have the right to call the police.

What is Sexual Harassment?

Title IX defines sexual harassment as conduct, performed on the basis of sex, that satisfies one or more of the following:

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it denies a person equal access to the District’s education program or activity; or
An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct; or
Sexual assault, dating violence, domestic violence, or stalking, as defined in AR 5145.71.

Examples

Unwanted and inappropriate touching including grabbing, fondling, or massaging
Sexual jokes and/or gestures
Social media posts, comments, or messages that contain sexual content
Test messages that include sexual content, images, or pictures
Sexual violence and dating violence
Spreading sexual rumors
Stalking
Any other actions of sexual nature directed at you or someone else

FUSD strongly encourages all students who are victims or observers of harassment to make a report. Contact a teacher, campus safety assistant, vice principal, principal, or any trusted adult on campus. You can also call the Title IX office at 559-457-3850 or email at titleIX@fresnounified.org.

Complaints that, if true, would constitute sexual harassment under Title IX, may be filed via the Title IX Formal Complaint Form (Hard Copy) or the Title IX Formal Complaint Form (Electronic).

FUSD employees may also submit a Title IX complaint using this form.

Please submit the complaint to:

Title IX office T: (559) 457-3850

2309 Tulare E: titleix@fresnounified.org

Fresno, CA 93721