Alleged conduct that does not rise to the level of the sexual harassment under Title IX will be addressed in accordance with other District policies that prohibit sexual harassment and/or sex-based discrimination, or address other forms of inappropriate conduct, as is deemed appropriate.

 

 

 

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is also the alleged victim), in person, by mail, by telephone or by e-mail, using the contact information listed for the District’s 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.  

 

A formal Title IX complaint is written complaint that alleges sexual harassment against a respondent (or the person accused of committing the alleged conduct), and requests that the school district investigate the allegation of sexual harassment.  The written complaint must be filed by the victim of alleged sexual harassment (referred to as the complainant) using the Title IX Coordinator’s contact information listed above.  It may be filed at any time the employee or applicant, who is the victim of the alleged conduct, is participating in, or attempting to participate in the District’s education program or activity.  However, the District encourages all reports to be brought forth as soon as possible, as 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.

 

When circumstances arise where the Title IX Coordinator has received a report of sexual harassment, but the complainant does not wish to file a formal Title IX complaint, the District will respond in a manner that is not deliberately indifferent.  This may include the Title IX Coordinator signing and initiating a formal Title IX complaint.  

 

 

 

The District will process all formal Title IX complaints in accordance with Title IX and District Board Policy (“BP”)

 

4119.11 – Sexual Harassment, and Administrative Regulation (“AR”) 4119.12 – Title IX Sexual Harassment Complaint Procedures, which includes an option for informal resolution for certain matters.

 

All investigations will be conducted as confidentially as possible.  Upon receipt of a formal Title IX complaint, the District will provide the complainant and respondent (or “the 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 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, who may be an attorney if they so choose.  As detailed in AR 4119.12, prior to the conclusion of the investigation, the parties will have the opportunity to inspect and respond to all evidence that is 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 the relevant evidence, and they will have an opportunity to submit written, relevant questions to be asked of the other party or any witness.  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 written determination will have the option to appeal the final determination, as detailed in AR 4119.12.  In addition, a person may file a complaint concerning sexual harassment with either the California Department of Fair Employment and Housing (“DFEH”) or the Equal Employment Opportunity Commission (“EEOC”).  Complaints with DFEH must be filed within three years of the alleged discriminatory acts, unless an exception exists pursuant to Government Code section 12960.  Complaints with the EEOC must be filed within 180 days of the alleged discriminatory acts, or within 300 days of the alleged discriminatory act after first filing a complaint with DFEH or 30 days after the termination of proceedings by DFEH, whichever is earlier.

 

Additional details about procedures for filing a formal Title IX complaint and Title IX complaint procedures may be found in BP 4119.11 – Sexual Harassment and AR 4119.12 – Title IX Sexual Harassment Complaint Procedures.  Copies may also be obtained at the District office.

 

 

 

The District requires all employees and encourages all parents, students, and community members to immediately report suspected incidents of all forms of sexual harassment or discrimination, regardless of when it occurred, to the Title IX Coordinator/Coordinator or a District administrator so that the District may take appropriate steps to address the alleged misconduct.  

Sexual harassment and discrimination complaints brought forth by or on behalf of employees that do not qualify as formal Title IX complaints, or do not rise to the level of sexual harassment as defined by Title IX, as described above, will be processed in accordance with BP/AR 4119.11 – Sexual Harassment and/or BP/AR 4030 – Nondiscrimination in Employment, or in a manner that is otherwise deemed appropriate by the District.  

 

 

• California Department of Fair Employment and Housing: https://www.dfeh.ca.gov/Employment
• U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/sex-based-discrimination; https://www.eeoc.gov/sexual-harassment
• Link to Access Board Policy and Administrative Regulation 4119.11 – Sexual Harassment, Administrative Regulation 4119.12 – Title IX Sexual Harassment Complaint Procedures, Board Policy and Administrative Regulation 4030 – Nondiscrimination in Employment: https://simbli.eboardsolutions.com/Policy/PolicyListing.aspx?S=36030437 Copies may also be obtained at the District office.