Complaints

Anyone who believes they have experienced or witnessed a Title IX violation may report the incident verbally or in writing to any district employee or a Title IX Coordinator.

Title IX Discrimination Complaint Form

Complaints may also be filed with the U.S. Department of Education Office for Civil Rights (OCR).

The district is committed to providing an impartial, thorough, and reliable investigation of complaints related to sex discrimination or sex-based harassment. The following procedures outline the steps involved in a Title IX investigation.

Eligibility to File a Complaint

Complaints of sex discrimination or sex-based harassment can be filed by:

• A current or former student or the parent/guardian or authorized legal representative of the student
• An employee or former employee
   

If the alleged victim chooses not to bring a complaint or withdraws from the process, the Title IX Coordinator will determine whether to initiate a complaint based on the following factors:

• The victim’s request to not proceed
• The victim’s safety concerns
• The risk of further incidents if the complaint is not initiated
• The severity of the alleged conduct and the need for removing the respondent from campus
• The age and relationship between the parties involved
• Scope of the alleged conduct, including potential patterns of behavior affecting others
• Availability of evidence to substantiate the claims
• Whether the district can address and prevent further misconduct without a formal investigation
   

If the Title IX Coordinator initiates a complaint, the alleged victim will be notified.

Complaint Determination and Processing

Upon receiving an oral or written complaint, the Title IX Coordinator will determine whether to dismiss or investigate the complaint within three days, unless extended under Administrative Regulation 5145.71.

Dismissal Criteria

The Title IX Coordinator may dismiss a complaint if:

• The respondent cannot be identified after reasonable efforts
• The respondent is no longer part of the district’s educational program or is not employed by the district
• The allegations, even if proven, do not meet the Title IX definition of sex discrimination/harassment
• The complainant withdraws allegations and the remaining claims do not constitute sex discrimination/harassment

Investigation Procedures

If an investigation is initiated, both parties will be notified, and the following protocols will be followed:

• Both complainant and respondent will be treated equitably.
• Supportive measures will be offered to ensure safety. These may include counseling, class or schedule changes, campus escort services, and mutual restrictions on contact.
• A respondent will be presumed not responsible until a determination is made at the conclusion of the investigation.
• The investigation process will include equal opportunities for both parties to present relevant evidence and witnesses.

Emergency Removal

A student may only be removed on an emergency basis if an individualized safety and risk analysis determines that removal is necessary due to an imminent threat to health and safety. The respondent will be given notice and the opportunity to challenge the removal.

If the respondent is a district employee, they may be placed on administrative leave during the investigation.

Investigation Timeline

The investigation will be completed within 60 days, unless extended per Administrative Regulation 5145.71. Throughout the process, the Title IX Coordinator or investigator will:

• Review all evidence and determine what is relevant.
• Provide both parties access to relevant, permissible evidence.
• Take steps to protect privacy without restricting the ability to present evidence.
• Objectively evaluate all admissible evidence.

Determination and Standard of Proof

The preponderance of evidence standard will be used to determine if sex discrimination or harassment occurred. Written notification of the determination will be provided within 60 days of completing the investigation, unless extended.

Remedies and Corrective Actions

When a determination of sex discrimination or harassment is made, the Title IX Coordinator will coordinate appropriate remedies and corrective or disciplinary actions in line with Administrative Regulation 5145.71.

Appeal Rights

Either party may appeal the district’s decision regarding the complaint or any part of it to the Board of Trustees.

Additional Remedies

Either party may file a complaint with the U.S. Department of Education’s Office for Civil Rights within 180 days of the most recent alleged misconduct.

Civil remedies, such as injunctions or restraining orders, may also be pursued under state or federal anti-discrimination laws.

A complaint alleging unlawful discrimination 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 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).

BP 5145.7 Sex Discrimination and Sex-Based Harassment
AR 5145.7 Sex Discrimination and Sex-Based Harassment
AR 5145.71 Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures
BP 4119.11 Sex Discrimination and Sex-Based Harassment (Certificated Personnel)
AR 4119.11 Sex Discrimination and Sex-Based Harassment (Certificated Personnel)
BP 4219.11 Sex Discrimination and Sex-Based Harassment (Classified Personnel)
AR 4219.11 Sex Discrimination and Sex-Based Harassment (Classified Personnel)
BP 4319.11 Sex Discrimination and Sex-Based Harassment (Administrative Personnel)
AR 4319.11 Sex Discrimination and Sex-Based Harassment (Administrative Personnel)
AR 4119.12 Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures (Certificated Personnel)
AR 4219.12 Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures (Classified Personnel)
AR 4319.12 Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures (Administrative Personnel)

Title IX List of Rights
California Department of Education - Gender Equity/Title IX
California Department of Education – Equal Opportunity & Access
US Department of Education - Office for Civil Rights