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.
Student complaints shall be submitted in written form in accordance with Board Policy 9208 – Uniform Complaint Procedures Regarding Programs/Discrimination. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. See BP/AR 9208 below.
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. Unless a complaint is referred to the U.S. Department of Education, Office of Civil Rights for investigation as provided in Board Policy 9208, 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. The District shall issue a written decision based on the evidence within 60 calendar days from receipt of the written complaint by the District.
Any complainant who is dissatisfied with the District’s final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving the District’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.