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Title IX and Educational Equity

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Title IX Coordinator

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Title IX Coordinator
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Raymond Kellar, Superintendent/Principal, is the Title IX Coordinator for the Dunsmuir Joint Union High School District, and can be reached by telephone at (530) 235-4835 or by email at rkellar@sisnet.ssku.k12.ca.us.

Title IX Basic Information

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Title IX Basic Information
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Title IX regulations prohibit a school from subjecting any person to separate or different rules of behavior, sanctions, or other treatment, such as discriminatory discipline, based on sex.Student
 
Federal Title IX of the Education Amendments of 1972 ("Title IX"), implemented at 34 C.F.R. section 106.31, subdivision (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 educational 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.
 

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. § 1681 et seq.), may be used by the department for purposes of Section 221.6:

  1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
  2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
  3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
  4. You have the right to apply for athletic scholarships.
  5. 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.
  6. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
  7. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
  8. 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.
  9. You have the right to pursue civil remedies if you have been discriminated against.
  10. You have the right to be protected against retaliation if you file a discrimination complaint.
 
 
Additional Title IX Information

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Additional Title IX Information
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District Statement
Dunsmuir Joint Unified High School District does not discriminate on the basis of sex in its educational programs or activities, and does not discriminate on the basis of sex in admission to schools in this district or in employment in this District.
Title IX protects all students and staff from sex-based harassment, regardless of the sex of the alleged perpetrator or complainant, including when they are members of the same sex. Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity, and a recipient must accept and appropriately respond to all complaints of sex discrimination. Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a recipient’s obligations. A recipient should investigate and resolve allegations of sexual or gender-based harassment of lesbian, gay, bisexual, and transgender individuals using the same procedures and standards that it uses in all complaints involving sex-based harassment. The fact that an incident of sex-based harassment may be accompanied by anti-gay comments or be partly based on a student’s actual or perceived sexual orientation does not relieve a recipient of its obligation under Title IX to investigate and remedy such an incident.
The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX 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."
 
The District is prohibited from: (a) applying any rule concerning parental, family, or marital status that treats persons differently on the basis of sex; or (b)  discriminating against or excluding any student from its education program or activity, including any class or extracurricular activity, on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. Institutions of vocational education, professional education, graduate higher  education, and public colleges and universities are prohibited from making pre-admission inquiries as to the marital status of an applicant for admission.
 
Inquiries concerning the application of Title IX and its implementation may be referred to the Title IX coordinator for Dunsmuir High School District or to the Office of Civil Rights.
 
Dunsmuir JUHS District Title IX Coordinator:
Raymond Kellar, Principal/Superintendent
rkellar@sisnet.ssku.k12.ca.us
530-235-4835
5805 High School Way, Dunsmuir CA 96025
 
  • S. Office for Civil Rights,
    San Francisco Office
    U.S. Department of Education
    Old Federal Building
    50 United Nations Plaza, Room 239
    San Francisco, CA 94102-4102
    Telephone: (415) 556-4275
    Facsimile: (415) 437-7783
    TDD: (415) 437-7786
    Email: OCR.SanFrancisco@ed.gov
 
School Responsibilities
Implementation and administration of procedures for resolving Title IX complaints; educating the school community on how to file a complaint alleging a violation of Title IX; investigating complaints, working with law enforcement when necessary; and ensuring that complaints are resolved promptly and appropriately. Coordinate the District’s response to all complaints involving possible sex discrimination; monitor outcomes, identify patterns, and assess effects on the campus climate.
Develop a method to survey the school climate and coordinate the collection and analysis of information from that survey.
Monitor students’ participation in athletics and across academic fields to identify programs with disproportionate enrollment based on sex and ensure that sex discrimination is not causing any dis-proportionality or otherwise negatively affecting a student’s access to equal educational opportunities.
Provide training and technical assistance on school policies related to sex discrimination and develop programs, such as assemblies or trainings, on issues related to Title IX to make sure that all members of the school community, including students and staff, are aware of their rights and obligations under Title IX.
Adopt and publish grievance procedures providing for the prompt and equitable resolution of student and employee complaints under Title IX.
When operating or sponsoring interscholastic, intercollegiate, club or intramural athletics the District must provide equal athletic opportunities for members of both sexes and to consider, among others, the following factors: (1) the provision of equipment and supplies; (2) scheduling of games and practice time; (3) travel and per diem allowances; (4) opportunity for coaching and academic tutoring; (5) assignment and compensation of coaches and tutors; (6) provision of locker rooms, and practice and competitive facilities; (7) provision of medical and training facilities and services; (8) housing and dining services; (9) publicity; (10) recruitment; and (11) support services.
Make sure that complaints are processed appropriately.
Honor obligation not to discriminate against students based on their parental, family, or marital status, or exclude pregnant or parenting students from participating in any educational program, including extracurricular activities.
Coordinate the recipient’s response to complaints of discrimination against pregnant and parenting students.
Provide training to students so they know that Title IX prohibits discrimination against pregnant and parenting students, provide workshops to administrators, teachers, and other staff on the Department’s Title IX regulations and OCR guidance related to pregnant and parenting students. Develop a method to meet the unique educational, child care, and health care needs of pregnant and parenting students.
 
U.S. Department of Civil Rights

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How to File a complaint

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How to File a complaint
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How to file a Title IX Complaint

Student complaints shall be submitted in written form in accordance with Board Policy and Administrative Regulation 1312.3 - Uniform Complaint Procedures. (Depending on the type of complaint, other policies and procedures my apply and may be used for processing complaints.) If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so.

Statute of Limitations

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 the basis of sex. 
 

How to file if the statute of limitations has expired

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.
 

How the complaint will be investigated

The compliance officer may informally discuss with all the parties the possibility of using mediation within three business days after 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. 
 

Further actions available to the complainant

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.

Board Policy and Administrative Regulation 1312.3 – Uniform Complaint Procedures at the following web address: http://gamutonline.net/indexframes.html

Additional Resources

Additional Resources

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Section 504 and Individuals with Disabilities

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Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination/harassment on the basis of disability in any program or activity receiving federal financial assistance. The District has specific responsibilities related to the provision of a “free appropriate public education” (FAPE) to school age individuals with disabilities under Section 504 and the Individuals with Disabilities Education Act (IDEA).

To meet the criteria for Section 504 protections, a child must:
  • Have a physical or mental impairment which substantially limits one or more major life activities;
  • Have a record of such impairment; or
  • Be regarded as having such an impairment
As a result of the Americans with Disabilities Act Amendments Act (ADAAA) there is a broader application of the definition of disability under the ADA and Section 504. The new law eliminated the consideration of ameliorative effects of mitigating measures when determining whether a student has a disability, though they remain relevant when evaluating students’ needs for accommodations/services. This means more students may be eligible for Section 504 nondiscrimination protections whether or not they currently need Section 504 plan accommodations/services.

Linda Ryan, Section 504 Coordinator
5805 High School Way
Dunsmuir, CA 96025
530-235-4835 ext 201

Ray Kellar, Title IX Coordinator
5805 High School Way
Dunsmuir, CA 96025
530-235-4835 ext 109
Pregnant and Parenting Teens

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Pregnant and Parenting Teens

Pregnant or parenting students have the right to attend their current school or any district school and to participate in any program or activity for which they would otherwise qualify in an environment free of discrimination or harassment.  Participation in any school or program specifically designed for pregnant or parenting students such as pregnant minor schools or Cal-SAFE programs must be completely voluntary on the part of the student.  Consult with the School Nurse for further information or referrals.

California Pregnant and Parenting Youth Guide

ACLU 2015 Ed Equity Pregnant Parenting Teens CA

A Project of the National Center for Youth Law

“Teen Legal Guide to Sex, Pregnancy and Parenting in California”

www.pregnantyouth.org

Resources for Transgender and Gender-Nonconforming Students

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Resources for Transgender and Gender-Nonconforming Students 

Title IX protects all students, including transgender and gender-nonconforming students, from sex discrimination. Title IX encompasses discrimination based on a student’s nonconformity with sex stereotypes and gender identity, including a student’s transgender status.  Once a school is notified that a student will begin asserting a gender identity that differs from previous representations or records, the school must begin treating the student consistent with the student’s gender identity. When a school provides sex-segregated activities or facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity. Moreover, the privacy of students records are protected under Title IX and the Family Educational Rights and Privacy Act (FERPA).

A school may not require transgender students to have a medical diagnosis, undergo any medical treatment, or produce a birth certificate or other identification document before treating them consistent with their gender identity.

Schools can provide additional privacy options to any student for any reason. The guidance does not require any student to use shared bathrooms or changing spaces, when, for example, there are other appropriate options available.

Schools must:

Respond promptly and effectively to sex-based harassment of all students, including harassment based on a student’s actual or perceived gender identity, transgender status, or gender transition;
Treat students consistent with their gender identity even if their school records or identification documents indicate a different sex;
Allow students to participate in sex-segregated activities and access sex-segregated facilities consistent with their gender identity; and
Protect students’ privacy related to their transgender status under Title IX and the Family Educational Rights and Privacy Act.

Resources for Transgender Students

ACLU Schools in Transition 2015

 

Bullying and Hazing

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DJUHSD is committed to providing a safe and civil learning and working environment. The District takes a strong position against bullying, hazing, or any behavior that infringes on the safety or well-being of students, employees, or any other persons within the District’s jurisdiction or interferes with learning or the ability to teach. The District prohibits retaliation against anyone who files a complaint or participates in the complaint investigation process.

Bullying and hazing are part of a continuum of aggressive or violent behaviors. Some acts of bullying or hazing can and do constitute other categories of misconduct such as assault, battery, child abuse, hate-motivated incident, criminal activity or sexual harassment and, as such, violate other District policies. In such cases, District personnel are obligated to follow appropriate District reporting guidelines.

Bullying Frequently Asked Questions
Bullying Prevention and Intervention Tips for Families
Be An Ally Six Ways
What to Do if Your Child Exhibits Bullying Behavior
Students, Don’t Let Others Bully or Harass You
Internet Safety Strategies for Youth
BP 5131 Conduct
BP 5137 Positive School Climate
BP5131 Bullying

FERPA

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FERPA

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.”

  • Parents or eligible students have the right to inspect and review the student’s education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
  • Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
  • Generally, schools must have written permission from the parent or eligible student in order to release any information from a student’s education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
    • School officials with legitimate educational interest;
    • Other schools to which a student is transferring;
    • Specified officials for audit or evaluation purposes;
    • Appropriate parties in connection with financial aid to a student;
    • Organizations conducting certain studies for or on behalf of the school;
    • Accrediting organizations;
    • To comply with a judicial order or lawfully issued subpoena;
    • Appropriate officials in cases of health and safety emergencies; and
    • State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, “directory” information such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

For additional information, you may call 1-800-USA-LEARN (1-800-872-5327) (voice). Individuals who use TDD may use the Federal Relay Service.

Or you may contact us at the following address:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520

FERPA for Parents and Eligible Students
FERPA for School Officials

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