TITLE IX
Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identify, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Title IX requires that each school district have at least one person designated as the Title IX Coordinator.
The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to:
How to File a Complaint
- Utilize the Title IX Sexual Harassment Complaint Procedures and Title IX Complaint Form 5145.71
- Send or deliver completed form to the office of Dr. Keith Tuominen
Timing:
Unlawful Discrimination
A complaint brought pursuant to Board Policy 1312.3, Section I, Paragraph A, alleging unlawful discrimination on the basis of a protected class, as delineated in Board Policy 1312.3, shall be filed with the Compliance Officer no later than six (6) months from the date when the alleged discrimination occurred, or six (6) months from the date when the complainant first obtained knowledge of the facts of the alleged discrimination. The timeline set forth above may be extended for no more than an additional ninety (90) days, but only upon written request by the Complainant setting forth good cause for the delay, and only upon approval by the District’s Superintendent or designee. Any such request received by the District’s Superintendent shall be approved or denied within fifteen (15) business days of its receipt. The Superintendent’s or designee’s decision with respect to an extension is final.
Uniform Complaint Process 1312.3 Administrative Regulation
Investigation of Complaint
If the Complainant does not agree to engage in mediation, the Compliance Officer or his/her designee is encouraged to hold an investigative meeting within fifteen (15) business days of the Compliance Officer receiving the complaint. Alternatively, if Complainant and the District do engage in mediation, but it proves unsuccessful, the mediation shall serve as the investigative meeting and the mediator shall share his/her notes of the mediation with the Compliance Officer.
The investigative meeting shall provide an opportunity for the Complainant and/or his/her representative to repeat the complaint orally and provide any additional factual support for his/her allegations, including any relevant documentation not already provided. The Complainant and/or his/her representative shall have an opportunity to present the complaint and evidence or information leading to evidence to support the allegations in the complaint. (5 CCR 4631)
A Complainant’s refusal to provide the Compliance Officer or his/her designee with documents or other evidence related to the allegations in the complaint; his/her failure or refusal to cooperate in the investigation; or his/her engagement in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegation. (5 CCR 4631)
Any District employee’s refusal to provide the Compliance Officer or his/her designee with access to records and/or other information related to the allegation in the complaint, or its failure or refusal to cooperate in the investigation or its engagement in any other obstruction of the investigation, may result in a finding, based on evidence collected, that a violation has occurred and may result in the imposition of a remedy in favor of the Complainant. (5 CCR 4631)
AALRR – Title IX Decision Maker Training K-12 Districts & COEs / Session 2 – October 2022
AALRR – Title IX Decision Maker Training K-12 Districts & COEs / Session 1 – October 2022
AALRR – Title IX Investigator Training for K-12 Districts & COEs / Session 2 – June 2021
AALRR – Title IX Investigator Training for K-12 Districts & COEs / Session 1 – June 2021
AALRR – The New Title IX Team & Process for K-12 Districts – Feb 2021
Title IX: Responding to and Investigating Complaints of Sexual Harassment – Sept. 2020
SEXUAL HARASSMENT POLICY {EC §§231.5, 48980; 5 CCR §4917): Sexual Harassment-Students Board Policy 5145.7
The Board of Education is committed to maintaining a learning environment free from harassment, intimidation or insult, student-to- student or adult-to-student, on the basis of an individual’s actual or perceived sex, sexual orientation, gender, gender expression. Positive action will be taken when necessary to eliminate such practices or remedy their effects. Sexual harassment, as defined and otherwise prohibited by state and federal statutes, constitutes an unlawful form of sex discrimination in violation of Title IX of the Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. In addition, sexual harassment constitutes violation of the California Education Code, regulations of the State Board of Education, and District Policy. As such, sexual harassment may constitute just cause for discipline pursuant to applicable Education Code Sections. The Irvine Unified School District Title IX Coordinator has been designated to handle inquiries and complaints regarding the sexual harassment policy: 5050 Barranca Pkwy, Irvine, CA 92604, {949)936-5063.
Email address: titleixcoordinator@iusd.org. Sexual Harassment Board Policy 5145.7
