TITLE IX REGULATIONS
DISTRICT NON-DISCRIMINATION STATEMENT
The Hueneme Elementary School District prohibits discrimination, harassment, intimidation, bullying and sexual harassment based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, immigration status, nationality, parental status, pregnancy status, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics in all educational programs, school related or school sponsored activities, school attendance or employment policies which may have an impact or create a hostile environment at school as required by Title IX of the 1972 Education amendments, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the California Fair Employment and Housing Act, and other applicable laws and regulations.
WHAT IS TITLE IX?
Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law prohibiting sex-based discrimination in all educational programs and activities, including athletics.
Title IX protects all participants in Hueneme Elementary School District’s (“District”) educational programs and activities, including students, parents, employees, and job applicants. The District does not discriminate on the basis of sex. Discrimination based on sex can include sexual harassment and sexual violence.
In addition to Title IX, the California Education Code prohibits discrimination based on sex in schools (California Education Code § 220-221.1). Other state and federal laws also prohibit discrimination and ensure equality in education.
The District is responsible for responding promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. The District must resolve complaints of sex discrimination promptly and equitably. Information on filing a complaint alleging sex-based discrimination is below, including contact information for the District’s Title IX Coordinator.
LEARN MORE:
♦ California Department of Education Office of Equal Opportunity & Access
♦ United States Department of Education Office for Civil Rights
♦ United States Department of Education Office for Civil Rights webpage on sex discrimination
♦ United States Department of Education for Civil Rights, Know Your Rights documents
♦ California Department of Education Office of Equal Opportunity
♦California Department of Education Gender Equity/Title
♦Title IX Team Training 10.1.20
♦Title IX Training on Hearing Officer - 10/28/2020
Reluctant Witnesses and the New Regs: Engaging Individuals in Challenging Title IX Investigations
Audio Pt. 2 August 26, 2020
Title IX Hearings: Ten Potential Challenges to Anticipate September 30, 2020
Misconduct Complaints: The First 48 Hours October 28, 2020
Advisor Pool Webinar - Dan Schorr LLC 05.26.21
Title IX Training for Principals (10-27-21 HANDOUT)
Title IX Team Training 9/19/2022
For more information specific to anti-discrimination in District employment, please contact the Title IX Coordinator.
HOW TO FILE A COMPLAINT
1. Complete the Uniform Complaint Form
2. Submit completed form to the District Title IX Coordinator/Compliance Officer
Irma Melgoza-Vasquez, Senior Director, Student Support Services
205 N. Ventura Rd.
Port Hueneme, CA 93041
imelgoza@hueneme.org
805-488-3588
WHEN MUST A COMPLAINT BE FILED?
A complaint alleging retaliation or unlawful discrimination, (such as discriminatory harassment, intimidation, or bullying), must be filed not later than six (6) months from the date occurred, or six (6) months from the date the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. The time for filing may be extended for up to ninety (90) days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.
HOW WILL A COMPLAINT BE INVESTIGATED?
Within ten (10) business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.
In conducting the investigation, the compliance officer shall collect all available documents and review all available records, notes, or statements related to the complaint, including any additional evidence or information received from the parties during the course of the investigation. He/she shall individually interview all available witnesses with information pertinent to the complaint, and may visit any reasonably accessible location where the relevant actions are alleged to have taken place. At appropriate intervals, the compliance officer shall inform both parties of the status of the investigation.
To investigate a complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the compliance officer shall interview the alleged victim(s), any alleged offenders, and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.
Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is one, a written report within sixty (60) calendar days of the district’s receipt of the complaint. (5 CCR 4631)
For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:
Notice of the complainant’s and respondent’s right to appeal the district’s decision to the CDE within fifteen (15) calendar days, and procedures to be followed for initiating such an appeal
For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:
He/she may pursue available civil law remedies outside of the district’s complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) calendar days after the filing of an appeal with the CDE. (Education Code 262.3)
The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code 262.3)
Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.
WHAT HAPPENS WHEN THE INVESTIGATION IS COMPLETE?
Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is one, a written report within sixty (60) calendar days of the district’s receipt of the complaint. (5 CCR 4631)
For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:
Notice of the complainant’s and respondent’s right to appeal the district’s decision to the CDE within fifteen (15) calendar days, and procedures to be followed for initiating such an appeal
For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:
He/she may pursue available civil law remedies outside of the district’s complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) calendar days after the filing of an appeal with the CDE. (Education Code 262.3)
The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code 262.3)
Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.
If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.
For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures:
http://www.cde.ca.gov/re/cp/uc/index.asp.
CDE link to Title IX
https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp
CDE link to resources for students and families who have experienced school-based discrimination, harassment, intimidation or bullying
https://www.cde.ca.gov/re/di/eo/region8.asp
Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within one hundred eighty (180) days of the alleged discrimination. For contact information, see the section above on “How do I file a complaint of sex discrimination?” For more information, visit:
http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
California Office of Civil Right's Contact
https://ocrcas.ed.gov/contact-ocr?field_state_value=642
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