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 identity, 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.

 

Title IX Nondiscrimination/Sexual Harassment:

 

The Governing Board is committed to maintaining an educational environment that is free from harassment and discrimination. The Board prohibits sexual harassment of students by other students, employees, or other persons, at school or at school-sponsored or school-related activities.   The Governing Board prohibits sexual harassment of district employees and job applicants.  The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist, or otherwise participate in district complaint processes. 

 

Sexual Harassment BP 5145.7

Sexual Harassment AR 5145.7

 

Title IX Coordinator:

Additional questions regarding Title IX can be directed to our office of Education and Assessment Services and our Coordinator of Educational Services, Dr. Melissa Freeman, at 714-870-2805 or mfreeman@fjuhsd.org.

 

Title IX Coordinator: Dr. Melissa Freeman, Coordinator of Educational Services

District Compliance Officer (student-related complaints): Dr. Melissa Freeman, Coordinator of Educational Services

District Compliance Officer (staff-related complaints):  Dr. Ed Atkinson, Assistant Superintendent of Human Resources

 

Title IX Training Materials

 

Filing a Title IX Complaint:

Please utilize the Uniform Complaint Process according to Fullerton Joint Union High School District’s Board Policy (BP) 1312 and accompanying Administrative Regulation (AR) 1312.1 for all discrimination complaints, including Title IX concerns.

 

How to file a complaint:

 

1. Utilize the Uniform Complaint Procedure: Discrimination Intimidation, Harassment, or Bullying - Administrative Regulation (AR) 1312.1

2. Send or deliver to the office of Dr. Melissa Freeman, Title IX Coordinator, Coordinator of Educational Services, office of Education and Assessment Services

714-870-2805

mfreeman@fjuhsd.org

 

Statute of Limitations

 

A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that they personally suffered the unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to it.  The complaint must be filed no later than six months from the date the alleged discrimination occurred or not later than six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination. The District's investigation shall be completed and a written decision prepared within 60 days from the receipt of the complaint. The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension. (5 CCR 4630)

 

Investigative Process

 

Title IX complaints are investigated through Administrative Regulation (AR) 1312.1 – Uniform Complaint Procedures.

 

Investigation of Complaint

 

Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.

 

Within one business day of initiating the investigation, the compliance officer shall provide the complainant and/or his/her representative with the opportunity to present the information contained in the complaint to the compliance officer and shall notify the complainant and/or his/her representative of the opportunity to present the compliance officer with any evidence, or information leading to evidence, to support the allegations in the complaint. Such evidence or information may be presented at any time during the investigation.

 

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. 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.

 

A complainant's refusal to provide the district's investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or 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)

 

In accordance with law, the district shall provide the investigator with access to records and other information related to the allegation in the complaint and shall not in any way obstruct the investigation. Failure or refusal of the district to cooperate in the investigation may result in a finding based on evidence collected that a violation has occurred and in the imposition of a remedy in favor of the complainant. (5 CCR 4631)

 

The compliance officer shall apply a "preponderance of the evidence" standard in determining the veracity of the factual allegations in a complaint. This standard is met if the allegation is more likely to be true than not.