Human Resources » Uniform Complaint Procedures and Title IX

Uniform Complaint Procedures and Title IX

The district shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination, harassment, intimidation, and/or bullying regarding or based on actual or perceived characteristics such as age, ancestry, color, ethnic group identification, gender expression, gender identity, gender, mental or physical disability, nationality, national origin, race or ethnicity, religion, sex, or sexual orientation, or on the basis or a person’s association with a person or group with one or more of these actual or perceived characteristics, or in any program or activity that receives or benefits from state financial assistance. Uniform complaint procedures shall be used when addressing complaints alleging failure to comply with state and/or federal laws in adult education, consolidated categorical aid programs, migrant education, career technical education, and training programs, childcare and development programs, child nutrition programs, special education programs, federal school safety planning requirements, After School Education and Safety, Compensatory Education, Every Student Succeeds Act/No Child Left Behind, Local Control Accountability Plans, and Tobacco-Use Prevention Education. Additionally, the district shall use uniform complaint procedures to address complaints regarding the insufficiency of instructional materials, emergency or urgent facility conditions that pose a threat to the health and safety of pupils and staff, and/or teacher vacancy or misassignment issues as provided in Administrative Regulation 1312.4.

 

The UCP shall also be used to resolve complaints of noncompliance with requirements related to accommodations for lactating students, educational rights of foster youth and homeless students, assignments of students to courses without educational content for more than one week per semester or courses they have previously completed, and physical education instructional minutes in elementary schools.

 

The Board encourages the early, informal resolution of complaints at the site level whenever possible. The program or site administrator should serve as an intermediary to resolve concerns whenever possible.

 

The district shall post a standardized notice of the educational rights of foster and homeless youth, as specified in Education Code Sections 48853, 48853.5, 48853.5, 49069.5, 51225.1, and 51225.2 and will follow Uniform Complaint procedures when addressing complaints alleging that the district has not complied with this requirement. This notice shall include complaint process information, as applicable.

 

Shauna Ames, Assistant Superintendent Human Resources 

 

District Office

800 Niblick Road

Paso Robles, CA 93446

TITLE IX 

Student Rights under Title IX

Federal Title IX of the Education Amendments of 1972 ("Title IX"), implemented at 34 CFR §106.31(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, occupation training, or other education program or activity operated by a recipient which receives federal financial assistance. Relevant here, Title IX requires Paso Robles Joint Unified School District (PRJUSD) to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

 

Title IX Coordinators

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 Coordinator:

Shauna Ames

Assistant Superintendent, Human Resources

800 Niblick Road

Paso Robles, CA 93446

805-769-1000 ext 30140

[email protected]

 

 Definition of Sexual Harassment and Training Information

Sexual Harassment is defined as

(1) any quid pro quo harassment by a school's employee;

(2) "any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive" that it "denies" a person equal educational access;

(3) sexual assault

(4) dating violence;

(5) domestic violence; or

(6) stalking (34 C.F.R. § 106.30)

 

All of our employees are required to take the Sexual Harassment Prevention training found here. 

 

Paso Robles Joint Unified School District Presentation of Title IX.

 

Filing a Title IX Complaint with PRJUSD

Complaints shall be submitted in written form in accordance with Board Policy and Administrative Regulation 1312.3 - Uniform Complaint Procedures. BP 1312.3AR 1312.3; Complaint Form. 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.

All complaints shall be appropriately investigated in a timely manner. Within 10 business days after the compliance officer receives the complaint, the compliance officer, or designee, 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, or designee, with evidence, or information leading to evidence, to support the allegations in the complaint. PRJUSD shall issue a written decision based on the evidence within 60 calendar days from receipt of the written complaint at PRJUSD.

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

 

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 USC 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 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

4. Access to tutoring

5. Coaching

6. Locker rooms

7. Practice and competitive facilities

8. Medical and training facilities and services

9. Publicity.

e. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.

f. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws. 

g. 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 sex.

h. You have the right to pursue civil remedies if you have been discriminated against.

i. You have the right to be protected against retaliation if you file a discrimination complaint.

 

Please see the forms below:

 

COMPLAINT PROCEDURE FLOWCHART

 

COMPLAINT AGAINST DISTRICT EMPLOYEES (ENG)COMPLAINT AGAINST DISTRICT EMPLOYEES (SP)

 

UNIFORM COMPLAINT FORM (ENG)UNIFORM COMPLAINT FORM (SP)

 

Additional Resources

United States Department of Education Office for Civil Rights - 1-800-421-3481

California Department of Education - Office for Equal Opportunity - 1-916-445-9174