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Title IX

Title IX

The School Board takes seriously its obligations to ensure that no student or employee suffers discrimination on the basis of sex, as defined in Title IX of the Education Amendments Act of 1972.  Title IX is a federal law, enacted in 1972 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.

Title IX protects people from discrimination based on sex in educational programs or activities that receive financial assistance.  Under Title IX, discrimination on the basis of sex can include sexual harassment, which is defined as conduct on the basis of sex that satisfies one or more of the following:

Reporting Harassment/Discrimination  
Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.  

Harassment Reporting Form
Next Steps

After a report of sexual harassment has been made, the school and/or Title IX Coordinator will reach out to the individual affected by the alleged misconduct, provide supportive measures, discuss the grievance policy, and offer the opportunity for the complainant to file a formal complaint if the behavior meets the Title IX definition of sexual harassment.  If a formal complaint is filed, appropriate steps will be taken to investigate. Upon completing the investigation, the outcome will be shared with all stakeholders.

Appeal Procedures
If a party does not agree with the final determination made by the school or has concerns of noncompliance with Title IX or actions that would be prohibited by Title IX, he/she may appeal the determination in accordance with School Board Policy 2.133.

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

Student Rights Pursuant to Education Code Section 221.8

Education Code section 221.8 provides as follows:
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:

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.

  • Equipment and supplies
  • Scheduling of games and practices
  • Transportation and daily allowances
  • Access to tutoring
  • Coaching
  • Locker rooms
  • Practice and competitive facilities
  • Medical and training facilities and services
  • Publicity

Title IX Information

Definition

Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that: "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 requires that each school district have at least one person designated as the Title IX Coordinator. See "Contact Us" for more information.

Rights and Responsibilities

The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to the following:

Uniform Complaint Procedure

Please utilize the current Uniform Complaint process according to TUSD Board Policy 1312.3 and accompanying Administrative Regulation 1312.3 for all discrimination complaints, including Title IX concerns.

How to File a Complaint:

  1. Utilize the Uniform Complaint Procedures.
  2. Complete the Uniform Complaint Form.
  3. Send or deliver to the office of Student Services.

Filing a Title IX Complaint

We will provide an opportunity for complainants and/or representatives to present evidence or information.

Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegations.

TUSD to provide the investigator with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in a finding based on evidence collected that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.

The complaint will be investigated and a written report with a Decision will be issued to the complainant by us within 60 days from the date of the receipt of the complaint unless the complainant agrees in writing to an extension of time.

This report will contain the following elements:

  • The findings of fact-based on the evidence
  • Disposition of the
  • The rationale for such a
  • Corrective actions, if any are
  • Notice of the complainant’s right to appeal our Decision to the
  • Procedures to be followed for initiating an appeal to

Statue of Limitations

A complaint alleging unlawful discrimination, harassment, intimidation, or bullying, or retaliation for making or participating in a complaint under this policy, must be filed not later than six months from the date of the alleged unlawful act(s), or six months from the date the complainant first obtains knowledge of the facts of the alleged unlawful act(s). The filing time may be extended for up to 90 days by the Superintendent or designee for good cause on written request by the complainant setting forth the reasons for the extension.

Investigative Process

The staff member, position, or unit responsible to receive and investigate UCP complaints and ensure our compliance in our agency is knowledgeable about the laws and programs assigned to investigate.

TUSD will investigate all allegations of unlawful discrimination, harassment, intimidation or bullying against any protected group as identified in EC Section 200 and 220 and Government Code (GC) Section 11135, including any actual or perceived characteristics as set forth in Penal Code Section 422.55 or on the basis or a person’s association with a person or group with one or more of these actual or perceived characteristics in any program or activity we conduct, which is funded directly by, or that receives or benefits from any state financial assistance.

Unlawful discrimination, harassment, intimidation or bullying complaints shall be filed no later than six months from the date the alleged discrimination, harassment, intimidation or bullying occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation or bullying.

All complainants are protected from retaliation.

We advise complainants of the right to pursue civil law remedies under state or federal discrimination, harassment, intimidation or bullying laws.

EC 230

For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

(a) On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity.

(b) On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex.

(c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, “equivalent” means equal or equal in effect.

(d) An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations as that section exists on January 1, 2003, using any one of the following tests:

(1) Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.

(2) Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.

(3) Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program.

(e) If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.

(f) It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.

(g) On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.

(h) On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions.

(Amended by Stats. 2003, Ch. 660, Sec. 1. Effective January 1, 2004.)

Title IX Coordinator

In the event of a complaint regarding gender equity or sexual harassment, or discrimination, including harassment, intimidation and bullying because of actual or perceived disability, sex, gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion, sexual orientation, age, marital or parental status, or association with a person or group with one or more of these actual or perceived characteristics, contact the Title IX and nondiscrimination coordinator:

Contact Us

District Compliance Officer and Title IX Coordinator for Employee Affairs
Fernando Ureno, Assistant Superintendent Human Resources
1574 Canal Drive
Turlock CA 95380
(209) 667-0632 Ext. 2107
(209) 664-1157 Fax

District Compliance Officer and Title IX Coordinator for Student Affairs and Section 504/ADA Coordinator
Gil Ogden, Director of Student Services
1574 Canal Drive, Room WW-1
Turlock CA 95380
(209) 667-0632 Ext. 2251
(209) 667-6441 Fax
studentservices@turlock.k12.ca.us

Board Policies

Title IX Resources

Gender Equity/Title IX Links

Title IX Staff Training

ICS permits the posting of its training materials as required by OCR in §106.45(b)(10)(i)(D) of the new Title IX Regulations. You agree that your school district may post training material on its website only if it has been used to train the school district’s Title IX personnel, and only to the extent necessary to comply with Title IX. Any other use or effort to republish, reproduce, duplicate, copy, sell, display, disclose, or distribute this material shall constitute infringement. © 2020 Institutional Compliance Solutions All rights reserved.