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  2. Title IX

Title IX

Kernville Union School District

Title IX Contact Person

Melissa Vittoria

Program Coordinator

Kern River Valley Family Resource Center

K.U.S.D McKinney-Vento and Foster Youth Liaison

titleix@kernvilleusd.org

760-379-2556 xt. 907

6416 Lake Isabella Blvd Suite C. Lake Isabella, CA

The Governing Board is committed to ensuring equal, fair, and meaningful access to employment and education services. KUSD does not discriminate in any employment practice, education program, or educational activity on the basis and/or association with a person or group with one or more of these actual or perceived characteristics of age, ancestry, color, disability, ethnicity, gender, gender identity, gender expression, genetic information, marital status, medical condition, military or veteran status, national origin, immigration status, political affiliation, pregnancy and related conditions, race, religion, retaliation, sex (including sexual harassment), sexual orientation, or any other basis prohibited by California state and federal nondiscrimination laws respectively. Not all bases of discrimination will apply to both education services and employment. The Superintendent is charged with overseeing, leading, and directing KUSD’s efforts to meet the legal obligations set forth in state and federal civil rights laws, and regulations in KUSD employment and delivery of education services. Inquiries regarding nondiscrimination and civil rights should be directed to the Superintendent. 

The Governing Board desires to provide a safe school environment that allows all students equal access and opportunities in the district's academic, extracurricular, and other educational support programs, services, and activities. The Board prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying, targeted at any student by anyone, based on the student's actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, medical information, or association with a person or group with one or more of these actual or perceived characteristics.

 

Complaints will be investigated and a written report with a Decision will be sent to the complainant within sixty (60) days from the receipt of the complaint.  This time period may be extended by written agreement of the complainant.  The person responsible for investigating the complaint shall conduct and complete the investigation in accordance with the district’s UCP policies and procedures.

The complainant has a right to appeal the district’s Decision to the California Department of Education by filing a written appeal within fifteen (15) days of receiving the district’s Decision.  The appeal must be accompanied by a copy of the originally filed complaint and a copy of the district’s Decision.

The district advises any complainant of civil law remedies including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable. Copies of the district’s UCP shall be available free of charge

 

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions:  (Education Code 212.5; 5 CCR 4916)

 

1.         Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.

2.         Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.

3.         The conduct has the purpose or effect of having a negative impact on the student's academic performance or of creating an intimidating, hostile, or offensive educational environment.

4.         Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any district program or activity.

 

Examples of types of conduct which are prohibited in the district and which may constitute sexual harassment include, but are not limited to:

1.         Unwelcome leering, sexual flirtations, or propositions

2.         Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions

3.         Graphic verbal comments about an individual's body or overly personal conversation

4.         Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature

5.         Spreading sexual rumors

6.         Teasing or sexual remarks about students enrolled in a predominantly single-sex class

7.         Massaging, grabbing, fondling, stroking, or brushing the body

8.         Touching an individual's body or clothes in a sexual way

9.         Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex

10.       Displaying sexually suggestive objects

11.       Sexual assault, sexual battery, or sexual coercion

12.       Electronic communications containing comments, words, or images described above

 

Any prohibited conduct that occurs off campus or outside of school-related or school-sponsored programs or activities will be regarded as sexual harassment in violation of district policy if it has a continuing effect on or creates a hostile school environment for the complainant or victim of the conduct.

The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), Education Code Section 221.6:

  1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
  2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
  3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
  4. You have the right to apply for athletic scholarships.
  5. You have the right to receive equitable treatment and benefits in the provision of all of the following:
  1. Equipment and supplies.
  2. Scheduling of games and practices.
  3. Transportation and daily allowances.
  4. Access to tutoring.
  5. Coaching.
  6. Locker rooms.
  7. Practice and competitive facilities.
  8. Medical and training facilities and services.
  9. Publicity.
  1. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
  2. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
  3. You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
  4. You have the right to pursue civil remedies if you have been discriminated against.
  5. You have the right to be protected against retaliation if you file a discrimination complaint.
  6.  

For more information about your Title IX rights:

Gender Equity/Title IX  - Equal Opportunity & Access (CA Dept of Education)

 

 

 

How to File a Title IX Complaint

Individual who have been subject to discrimination prohibit under Title IX may file a complaint with the District as well as the Office of Civil Rights (OCR). If a crime is involved, such as sexual assault or rape, individuals may also file a report with the Kern County Sheriff’s Department’s local office.

Individuals may file a complaint with Melissa Vittoria, the Title IX coordinator. All complaints should be filed in writing and signed by the complainant. If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, district staff shall assist the complainant in the filing of the complaint (5 CCR 4600). Individuals may file a complaint pursuant to the Uniform Complaint Procedure (UCP) as set forth in Board Policy 1312.3. Please contact Melissa Vittoria at (760) 379-2556 ext. 907 or mvittoria@kernvilleusd.org if you have any questions.

A complaint alleging unlawful discrimination or retaliation must be filed no later than six months from the date the discrimination or retaliation occurred, or six months from when the complainant first learned of the unlawful discrimination. The Superintendent or designee may extend this timeline by up to ninety days for good cause, upon written request by the complainant setting forth the reasons for the extension.

To file a report with the Kern County Sherriff’s Department:

7046 Lake Isabella Blvd.

Lake Isabella, CA 93240

(760) 549-2100

 

To File a Complaint with the Office of Civil Rights (OCR):

 

Online: You may file a complaint with OCR using OCR’s electronic complaint form at the OCR website.

Mail or Facsimile: You may mail or send by facsimile information to the address or phone number:

California
Office for Civil Rights,
San Francisco Office
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102
Telephone: (415) 486-5555
Facsimile: (415) 486-5570
Email: OCR.SanFrancisco@ed.gov

You may use OCR’s Discrimination Complaint Form or write your own letter.  If you write your own letter, please include:

  • The complainant’s name, address and, if possible (although not required), a telephone number where the complainant may be reached during business hours;
  • Information about the person(s) or class of persons injured by the alleged discriminatory act(s) (names of the injured person(s) are not required);
  • The name and location (city and state) of the institution that committed the alleged discriminatory act(s); and
  • A description of the alleged discriminatory act(s) in sufficient detail to enable OCR to understand what occurred, when it occurred, and the basis for the alleged discrimination.

Email: You may email OCR’s Discrimination Complaint Form or your own signed letter to OCR.SanFrancisco@ed.gov

 If you write your own letter, please include the information identified above.

For those without current email accounts, Internet access may be freely available from your local public library, and free email accounts are available from several large providers.

Note: A recipient of federal financial assistance may not retaliate against any person who has made a complaint, testified, assisted or participated in any manner in an OCR matter or to interfere with any right or privilege protected by the laws enforced by OCR. If you believe that you have been retaliated against for any of these reasons, you also may file a complaint with OCR.

 

Reporting Process and Complaint Investigation and Resolution

 

Any student who believes that he/she has been subjected to sexual harassment by another student, an employee, or a third party or who has witnessed sexual harassment is strongly encouraged to report the incident to his/her teacher, the principal, or any other available school employee. Within one school day of receiving such a report, the school employee shall forward the report to the principal or the district's compliance officer identified in AR 1312.3. In addition, any school employee who observes an incident of sexual harassment involving a student shall, within one school day, report his/her observation to the principal or a district compliance officer. The employee shall take these actions, whether or not the alleged victim files a complaint.

 

When a report or complaint of sexual harassment involves off-campus conduct, the principal shall assess whether the conduct may create or contribute to the creation of a hostile school environment. If he/she determines that a hostile environment may be created, the complaint shall be investigated and resolved in the same manner as if the prohibited conduct occurred at school.

 

When a verbal or informal report of sexual harassment is submitted, the principal or compliance officer shall inform the student or parent/guardian of the right to file a formal written complaint in accordance with the district's uniform complaint procedures. Regardless of whether a formal complaint is filed, the principal or compliance officer shall take steps to investigate the allegations and, if sexual harassment is found, shall take prompt action to stop it, prevent recurrence, and address any continuing effects.

 

If a complaint of sexual harassment is initially submitted to the principal, he/she shall, within two school days, forward the report to the compliance officer to initiate investigation of the complaint.  The compliance officer shall contact the complainant and investigate and resolve the complaint in accordance with law and district procedures specified in AR 1312.3.

 

In investigating a sexual harassment complaint, evidence of past sexual relationships of the victim shall not be considered, except to the extent that such evidence may relate to the victim's prior relationship with the respondent.

 

In any case of sexual harassment involving the principal, compliance officer, or any other person to whom the incident would ordinarily be reported or filed, the report may instead be submitted to the Superintendent or designee who shall determine who will investigate the complaint.

 

Confidentiality

 

All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action.  (5 CCR 4964)

 

However, when a complainant or victim of sexual harassment notifies the district of the harassment but requests confidentiality, the compliance officer shall inform him/her that the request may limit the district's ability to investigate the harassment or take other necessary action. When honoring a request for confidentiality, the district will nevertheless take all reasonable steps to investigate and respond to the complaint consistent with the request.

 

When a complainant or victim of sexual harassment notifies the district of the harassment but requests that the district not pursue an investigation, the district will determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students.

 

Response Pending Investigation

 

When an incident of sexual harassment is reported, the principal or designee, in consultation with the compliance officer, shall determine whether interim measures are necessary pending the results of the investigation. The principal/designee or compliance officer shall take immediate measures necessary to stop the harassment and protect students and/or ensure their access to the educational program. To the extent possible, such interim measures shall not disadvantage the complainant or victim of the alleged harassment. Interim measures may include placing the individuals involved in separate classes or transferring a student to a class taught by a different teacher, in accordance with law and Board policy. The school should notify the individual who was harassed of his/her options to avoid contact with the alleged harasser and allow the complainant to change academic and extracurricular arrangements as appropriate. The school should also ensure that the complainant is aware of the resources and assistance, such as counseling, that are available to him/her.  As appropriate, such actions shall be considered even when a student chooses to not file a formal complaint or the sexual harassment occurs off school grounds or outside school-sponsored or school-related programs or activities.

U.S. ED OCR website