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Palermo Union Elementary School District

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    • Title IX
    Student Rights under title ix

    Student Rights under title ix

    Federal Title IX of the Education Amendments of 1972 (“Title IX”), implemented at 34 C.F.R. § 106.31, subd. (a), provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives federal financial assistance.  Relevant here, Title IX requires school districts to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.
     
     

    Definition of Sexual Harassment

    The Title IX regulations define sexual harassment as conduct, performed on the basis of sex, that satisfies one or more of the following:
    • A District employee conditioning the provision of an aid, benefit, or service of the District on a student or individual’s participation in unwelcome sexual conduct;
    • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or,
    • “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 1229(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). These definitions are also available in AR 5145.7.
     
    California Education Code section 212.5 defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:
    • Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
    • Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
    • The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
    • Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
    filing a title ix complaint with the district

    filing a title ix complaint with the district

    Student complaints shall be submitted in written form in accordance with Board Policy and Administrative Regulation 1312.3 – Uniform Complaint Procedures. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. 
     
    Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex.  The time for filing may be extended up to 90 days by the Superintendent or the Superintendent’s designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complaint. 

    The compliance officer may informally discuss with all the parties the possibility of using mediation within three business days after his or her receipt of the complaint. All complaints shall be appropriately investigated in a timely manner. Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint. The investigation shall include an opportunity for the complainant, or the complainant’s representative, or both, to present the compliance officer with any evidence, or information leading to evidence, to support the allegations in the complaint.  Unless extended by a written agreement with the complainant, the District shall issue a written decision based on the evidence within 60 calendar days from receipt of the complaint by the District. 

    Any complainant who is dissatisfied with the final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving the decision. 

    Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.

    Additional details about procedures for filing a complaint may be found in Board Policy and Administrative Regulation 1312.3 – Uniform Complaint Procedures.
    student Rights pusuant to education code section 221.8

    student Rights pusuant 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. § 1681 et seq.), may be used by the department for purposes of Section 221.6:
    • 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 as to the athletic opportunities offered by the school.
    • You have the right to apply for athletic scholarships.
    • You have the right to receive equitable treatment and benefits in the provision of all of the following:
    • Equipment and supplies.
    • Scheduling of games and practices.
    • Transportation and daily allowances.
    • Access to tutoring.
    • Locker rooms.
    • Practice and competitive facilities.
    • Medical and training facilities and services.
    • You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
    • You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
    • You have the right to file a confidential discrimination complaint with the United States Office for 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.
    • 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.
    title ix Coordinator

    title ix Coordinator

     
    The District Superintendent, who serves as the Title IX Coordinator for the Palermo Union Elementary School District, can be reached by phone at (530) 533-4842, or in person at 7390 Bulldog Way, Palermo, CA 95968.
     
    Additional Resources

    Additional Resources