Title IX
Notice of Employee Rights under Title IX
(34 C.F.R. § 106.8, subd. (b))
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. This includes employment at an educational institution.
Relevant here, Title IX requires that school districts take immediate and appropriate action to address any potential Title IX violations that are brought to its attention. Any inquiries about the application of Title IX, this notice, and who is protected by Title IX may be referred to Jessica Fairbanks, District Title IX Coordinator; to the Assistant Secretary for Civil Rights from the United States Department of Education, or both.
Title IX Coordinator
Jessica Fairbanks, Human Resources Director, is the Title IX Coordinator for the Chawanakee Unified School District, and can be reached by telephone at 559-877-6209 X2013, by e-mail at: [email protected] by mail at P.O. Box 400, North Fork, Ca 93643 or in person at 26065 Outback Industrial Way, O’Neals, Ca 93645.
Sexual Harassment Under Title IX
Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more of the following:
1. An employee of the school district conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participating in unwelcome sexual conduct (quid pro quo);
2. 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 recipient’s education program or activity; or
3.“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. 12291(a)(8), or “stalking” as defined in34 U.S.C. 12291(a)(30).
Alleged conduct that does not rise to the level of sexual harassment under Title IX will be addressed in accordance with other District policies that prohibit sexual harassment and/or sex-based discrimination, or other forms of inappropriate conduct, as is deemed appropriate.
Filing a Title IX Complaint with the District
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 e-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 reports may be made at any time, including during non-business hours, by using the telephone number or e-mail address, or by mail to the office address, listed for the Title IX Coordinator.
Employee complaints alleging a Title IX violation should be submitted in written form as soon as possible after the date of the alleged incident, or the date the complainant first obtained knowledge of the facts of the alleged incident.” If the complainant is unable to prepare the complaint in writing, administrative staff shall help the complainant do so. To qualify as a Title IX complaint, the complainant must also be participating in or attempting to participate in the District’s education program or activity. The length of time elapsed between an incident of alleged sexual harassment, and the filing of a formal complaint may, in specific circumstances, prevent the District from collecting enough evidence to reach a determination, justifying a discretionary dismissal under Title IX.
The District will process all formal complaints in accordance with Title IX and District Board Policy (“BP”) and Administrative Regulation (“AR”) 4119.11/4219.11/4319.11 – Sexual Harassment, and AR 4119.12/4219.12/4319.12 – Title IX Sexual Harassment Complaint Procedures, which includes an option for informal resolution for certain matters. Under Title IX, a formal complaint means a document filed by a victim, or signed by the Title IX Coordinator, that alleges sexual harassment against a respondent and requests that the school district investigate the allegation of sexual harassment. Complaints that do not rise to the level of a Title IX complaint will be processed in accordance with BP/AR 4030 – Nondiscrimination in Employment, or any other procedure deemed appropriate.
All investigations will be conducted as confidentially as possible. Upon receipt of any formal complaint, the District will provide all known parties with adequate notice of the District’s complaint process and the underlying allegations. During the course of the investigation, the District will provide the complainant and respondent (or “the parties”) with an equal opportunity to present witnesses and evidence. The District will not restrict the ability of the parties to discuss the allegations under investigation, and it will allow parties to utilize an advisor of their choice. Prior to the conclusion of the investigation, the complainant and respondent will have the opportunity to inspect and respond to evidence directly related to the allegations in the complaint that was gathered during the course of the investigation. Thereafter, and prior to any final decision being made, the parties will receive a copy of the investigation report that fairly summarizes relevant evidence, and they will have an opportunity to submit written, relevant questions to be asked of the other party. Next, a determination regarding responsibility will be made and issued to both parties. Under Title IX and District policy, the responding party is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the end of the complaint process.
Any party not satisfied with the final determination will have the option to appeal the final determination. In addition, a person may file a complaint concerning sexual harassment with either the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission.
Additional Resources
- California Department of Fair Employment and Housing-Here
- U.S. Equal Employment Opportunity Commission: Here
- Sexual Harassment Complaint Procedures, Board Policy and Administrative Regulation 4030 – Nondiscrimination in Employment-Here
- Link to Access Board Policy and Administrative Regulation & Title IX- Here