WHAT IS TITLE IX?

How do I Filed a Complaint of Sex Discrimination?

• A student, parent, guardian, employee, individual or organization may file a written complaint alleging discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic under the District’s Uniform Complaint Procedure by sending a complaint to the compliance officer below:
• Superintendent
• Bennett Valley Union School District
• 2250 Mesquite Dr., CA 95405
• (707) 542-2201
• If you need assistance putting your complaint in writing, please contact the Superintendent’s Office at superintendent@bvusd.org.
• You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information.
• You may also file a discrimination complaint with the U.S. Department of Education Office of Civil Rights. The electronic complaint form for the Office of Civil Rights.
• Contact the Office for Civil Rights at:
• San Francisco Office
• Office for Civil Rights
• U.S. Department of Education
• 50 United Nations Plaza
• San Francisco, CA 94102
• Telephone: (415-486-5555)
• FAX: (415) 486-5570; TDD: (800) 877-8339
• Email: ocr.sanfrancisco@ed.gov

What are my rights under Title IX?

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

• 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 or appropriate District personnel as to the athletic opportunities offered by the school
• You have the right to apply for athletic scholarships if the District offers any
• You have the right to receive equitable treatment and benefits in the provision of all of the following related to athletics, if any are provided by the District:

• Equipment and supplies; o Scheduling of games and practices;
• Transportation and daily allowances;
• Access to tutoring;
• Coaching;
• Practice and competitive facilities

• You have the right to have access to a sex/gender equity coordinator, referred to as the Title IX Coordinator, to answer questions regarding sex/gender equity laws
• You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on sex/gender equity laws
• You have the right to file a confidential discrimination complaint with the United States Department of Education Office for Civil Rights or the California 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 (California Education Code § 221.8)

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. For more information specific to anti-discrimination in District employment, please contact the Title IX Coordinator

How will a complaint be investigated?

• Complaints filed under the District’s Uniform Complaint Procedure will be investigated and a decision made within sixty calendar days of the District’s receipt, unless the complainant agrees to an extension. The District’s compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses. The compliance office may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred. As appropriate, the District’s compliance officer periodically will inform the parties of the status of the investigation. The complainant will be notified when a decision is made.
• Complaints that are not filed under the District’s Uniform Complaint Procedures will be investigated and decided pursuant to the applicable procedure.

What Happens When the Investigation is Complete?

For complaints filed under the Uniform Complaint Procedures, the compliance officer will prepare and send a final written decision to the complainant and respondent, if any, within sixty calendar days of the District’s receipt of the complainant (unless this deadline is extended by mutual agreement).

• If the complainant or respondent is not satisfied with the decision, either the complainant or respondent may, within five business days, file the complaint in writing with the Board. The Board may consider the matter at its next regular Board meeting or at a special Board meeting convened in order to meet the 60-day time limit within which the complaint must be answered. When required by law, the matter shall be considered in closed session. The Board may decide not to hear the complaint, in which case the compliance officer's decision shall be final. The complainant or respondent may appeal the District’s decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the District’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the District and a copy of the District’s decision.
• For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures.
• For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers, or public/private interest attorneys, sixty calendar days after filing an appeal with the California Department of Education. (California Education Code § 262.3). Note that this sixty day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (California Education Code §262.3). Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within 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. If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.

When Must a Complaint be Filed

• A complaint alleging unlawful discrimination or retaliation must be filed no later than six months from the date the discrimination or retaliation occurred, or six months from when the complainant first learned of the unlawful discrimination. The Superintendent or designee may extend this timeline by up to ninety days for good cause, upon written request by the complainant setting forth the reasons for the extension.
• Training materials used to train our Title IX Coordinator, investigator, Decision-Maker, and Informal Resolution Facilitators can be found at the School & College Legal Services of California website: https://sclscal.org/title-ix/