John Baldwin Elementary School

At Baldwin

Title IX

Non-Discrimination on the Basis of Sex

Title IX of the Education Amendments Act of 1972 is a federal law that states: "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."

 

List of Rights Specified Education Code Section 221.8

 

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.

 

 

How to File a Complaint Under Title IX

Any student who believes that he/she has been subjected to sexual harassment or who has witnessed sexual harassment is strongly encouraged to report the incident to his/her teacher, the principal, or any other available school employee. Within one school day of receiving such a report, the school employee shall forward the report to the principal or the District's Title IX Coordinator.

 

In addition, any school employee who observes an incident of sexual harassment involving a student shall, within one school day, report his/her observation to the principal or the District’s Title IX Coordinator. The employee shall take these actions, whether or not the alleged victim files a complaint.

When a report of sexual harassment is submitted, the principal or Title IX Coordinator shall inform the student or parent/guardian of the right to file a formal written complaint in accordance with the district's uniform complaint procedures (see below).

If a complaint of sexual harassment is initially submitted to the principal, he/she shall, within two school days, forward the report to the Title IX Coordinator to initiate investigation of the complaint. The compliance officer shall contact the complainant and investigate and resolve the complaint in accordance with law and district procedures.

 

Uniform Complaint Procedures

  1. Filing a Complaint: Submit a written complaint by following the Uniform Complaint filing procedures listed in SRVUSD’s Uniform Complaint Administrative Regulation 1312.3
  2. Filing Timeline: The complaint shall be initiated no later than 6 months from the date when the alleged discrimination occurred, or 6 months from the date when the complainant first obtained knowledge of the facts of the alleged discrimination.
  3. Mediation: Within three business days after the compliance officer receives the complaint, he/she may informally discuss with all the parties the possibility of using mediation. Mediation shall be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint involving an allegation of sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate.
  4. Investigation: Within 20 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.
  5. Report of Findings: Within 60 days of the report being filed, the compliance officer shall prepare and send to the complainant a written report of the district's investigation and decision.
  6. Corrective Actions: When a complaint is found to have merit, the compliance officer shall adopt any appropriate corrective action permitted by law.
  7. Appeals: Any complainant who is dissatisfied with the district's final written decision may file an appeal in writing with the CDE within 15 calendar days of receiving the district's decision.

 

For additional details regarding the District’s Uniform Complaint Process, please see SRVUSD’s Administrative Regulation 1312.3.

 

John Baldwin Title IX Coordinator: Joe Romagna, Principal

San Ramon Valley Unified District Title IX Coordinator: Ken Nelson, Director, Student Services