Title IX

Title IX2018-10-25T15:01:01+00:00

What is Title IX?

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex-based discrimination in all educational programs and activities, including athletic programs.

Title IX protects all participants in Novato Unified School District’s (“District”) educational programs and activities, including students, parents, employees, and job applicants. The District does not discriminate on the basis of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.

In addition to Title IX, the California Education Code prohibits discrimination on the basis of sex in schools (California Education Code § 220-221.1). Other state and federal laws also prohibit discrimination and ensure equality in education.

The District has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. The District must resolve complaints of sex discrimination promptly and equitably. Information on filing a complaint alleging sex-based discrimination is below, including contact information for the District’s Title IX Coordinator.

NUSD UNIFORM COMPLAINT FORM

You have the following rights under Title IX, to the extent applicable at the District:

  • California Education Code § 221.5-231.5 provides a complete list of rights, including:

(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.

The District has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. The District must resolve complaints of sex discrimination promptly and equitably.

District Compliance Officer / Title IX Coordinator

The Governing Board has designated the following Compliance Officer to receive and investigate all District complaints to ensure District compliance with the law:

⇒ Kris Cosca, Deputy Superintendent – Human Resources

Email: [email protected]

Phone: (415) 493-4207

Novato Unified School District Office: Human Resources – Room 101, 1015 Seventh Street, Novato, CA  94945

BP 0410: Nondiscrimination in District Programs and Activities

BP 4030: Nondiscrimination in Employment (personnel)

BP 5131.2: Bullying (students)

BP 5145.3: Nondiscrimination/Harassment (students)

BP 5145.7: Sexual Harassment (students)

BP 5145.71: Sexual Orientation/Gender Identity Harassment (students)

BP 4119.11: Sexual Harassment (personnel-certificated)

BP 4219.11: Sexual Harassment (personnel-classified)

BP 4319.11: Sexual Harassment (personnel-mgmt & confidential)

A complaint alleging retaliation or unlawful discrimination, (such as discriminatory harassment, intimidation, or bullying), must be filed not later than six (6) months from the date occurred, or six (6) 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 ninety (90) days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.

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

In conducting the investigation, the compliance officer shall collect all available documents and review all available records, notes, or statements related to the complaint, including any additional evidence or information received from the parties during the course of the investigation. He/she shall individually interview all available witnesses with information pertinent to the complaint, and may visit any reasonably accessible location where the relevant actions are alleged to have taken place. At appropriate intervals, the compliance officer shall inform both parties of the status of the investigation.

To investigate a complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the compliance officer shall interview the alleged victim(s), any alleged offenders, and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is one, a written report within sixty (60) calendar days of the district’s receipt of the complaint.  (5 CCR 4631)

For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:

  1. Notice of the complainant’s and respondent’s right to appeal the district’s decision to the CDE within fifteen (15) calendar days, and procedures to be followed for initiating such an appeal

For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:

  1. He/she may pursue available civil law remedies outside of the district’s complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) calendar days after the filing of an appeal with the CDE. (Education Code 262.3)
  2. The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code 262.3)
  3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is one, a written report within sixty (60) calendar days of the district’s receipt of the complaint.  (5 CCR 4631)

For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:

  1. Notice of the complainant’s and respondent’s right to appeal the district’s decision to the CDE within fifteen (15) calendar days, and procedures to be followed for initiating such an appeal

For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:

  1. He/she may pursue available civil law remedies outside of the district’s complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) calendar days after the filing of an appeal with the CDE. (Education Code 262.3)
  2. The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code 262.3)
  3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.

If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.

For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures:

http://www.cde.ca.gov/re/cp/uc/index.asp.

Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within one hundred eighty (180) days of the alleged discrimination. For contact information, see the section above on “How do I file a complaint of sex discrimination?” For more information, visit:

http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.

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