Title IX » Title IX

Title IX

Each student and employee has a right to learn and work in an environment that is free from unlawful discrimination. No District student or employee shall be excluded from participation in, be denied the benefits of, or be subject to harassment or other discrimination in any academic, extracurricular, research, occupational training, or other program or activity on the basis of actual or perceived sex, sexual orientation, gender, or gender identity or expression.

Title IX of the Education Amendments of 1972 is one of several federal and state anti-discrimination laws that ensure equality in education. Title IX prohibits discrimination, harassment, exclusion, denial, limitation or separation based on sex or gender. Title IX applies to both male and female students in any educational institution receiving federal funding.

Pregnant students and teen parents have a right to equal education, full participation, and to enroll in any school or program for which they would otherwise qualify at any stage of the pregnancy.  They have the right to remain in their regular or current school program, including elementary or secondary schools, honors and magnet programs, special education and non-public school placements, alternative/options programs, migrant education, free and reduced lunch programs and services for English Learners, and any others for which they are otherwise qualified. This would also include participation in the following: graduation, awards, ceremonies; field trips; student clubs, councils, after-school activities, and any other school-related programs. Students cannot legally be expelled, suspended, or otherwise excluded from, or required to participate in school programs solely on the basis of their pregnancy-related conditions, or marital or parental status.

California Education Code Sections 200 through 282 and Keyes Union School District Board Policy prohibits discrimination on the basis of sex, sexual orientation, gender, and gender identity or gender expression. Students have the right to fair and equitable treatment and shall not be discriminated against based on sex.  Students have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.  The law requires that every school district or institution have a Title IX/Bullying Complaint Manager to whom concerns or complaints regarding sex discrimination can be made.

Complaint Process

Students or parents/guardians should report their verbal or written Title IX complaint to the school administrator or Title IX/Bullying Complaint Manager within six months from the date the alleged incident occurred or first obtained knowledge. Complainants have a right to a timely and informal resolution at the school site.

If the complainant is dissatisfied with the school-site or Local District decision, the complainant may file a written Uniform Complaint Procedures (UCP) complaint directly with the Educational Equity Compliance Office. This will begin the investigation process which must be completed within 60 days.  An appeal of the Educational Equity Compliance Office's findings may be made to the California Department of Education - Office of Educational Equity.

Complaints that, if true, would constitute sexual harassment under Title IX, may be filed online using this link or via this form to invoke the grievance procedure specific to sexual harassment.

Title IX Required Notices

The District's Title IX Coordinator is Elizabeth Smiraglia, Personnel and Human Resources. 
 
Elizabeth Smiraglia 
Personnel and Human Resources 
4801 Lucinda Avenue 
Keyes, CA 95328
Phone: (209) 669-2921 x3604
    Fax: (209) 669-2923
The following Internet resources are available to find more information regarding rights and responsibilities under Title IX:
Any parent, guardian, individual, organization has the right to file a written complaint of discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic within six months from the date the alleged incident occurred or the complainant first obtained knowledge of the facts of the alleged incident.
The timeline for filing a complaint of discrimination, harassment, intimidation, and/or bullying is extended by the Superintendent or designee, upon written request by the complainant setting forth the reasons for the extension. Such extension by the Superintendent or designee shall be made in writing. The period for filing may be extended by the Superintendent or designee for good cause for a period not to exceed 90 days following the expiration of the six month time period. The Superintendent shall respond immediately upon a receipt of a request for extension.
The District’s Educational Equity Compliance Office timestamps new complaints of discrimination, harassment, intimidation, and/or bullying when received and provides an acknowledgment letter framing the allegations under the jurisdiction of the Uniform Complaint Procedures (UCP) or under the jurisdiction of Title IX and referring a complainant to appropriate offices and resources for issues not under formal complaint jurisdiction. The investigator assigned has 60 calendar days from office receipt to investigate the complaint and to send a letter with findings to relevant parties. The 60-day timeline may be extended only by mutual agreement of the complainant and the District under UCP and for good cause under Title IX. During the investigative process, the investigator contacts complainant and other applicable parties requesting data and responses. The District includes opportunities for the parties to present evidence or information, ask questions, and receive answers to support the allegations. The District will ensure that, within 60 days of receipt of the written complaint, the complaint has been resolved and/or investigated and that a written report of findings or final determination is issued to the complainant. The written report contains the allegations, method of investigation, policy, findings, conclusions, appeal options and corrective actions, if applicable.

Any individual, public agency or organization may file a written complaint alleging a violation by the District of federal or state laws or regulations governing the programs and activities, as well as allegations of discrimination, harassment, intimidation, and/or bullying, under the District’s Uniform Complaint Procedures by sending the complaint to:

Helio Brasil 

Superintendent

4801 Lucinda Avenue 

Keyes, CA 95328

Phone:  (209) 669-2921

Fax: (209) 669-2923

Email: hbrasil@keyes.k12.ca.us

 

 A complaint may be filed anonymously if it provides evidence or information leading to evidence to support an allegation of noncompliance.  Complainants making a verbal complaint shall be referred to an administrator/designee who will assist any person with a disability or unable to prepare a written complaint.

 

Complaints that, if true, would constitute sexual harassment under Title IX, may be filed online using this link or via this form to invoke the grievance procedure specific to sexual harassment.

Otherwise, a discrimination complaint may be filed with the Office for Civil Rights:

 

San Francisco Office for Civil Rights

U.S. Department of Education

Phone:  (415) 486-5555

Email:  ocr.sanfrancisco@ed.gov