Pittsburg Unified School District

Title IX

NON-DISCRIMINATION ON THE BASIS OF SEX

NON-DISCRIMINATION ON THE BASIS OF SEX

Title IX is a federal law which prohibits discrimination based on sex (including sexual harassment) in programs or activities that receive federal funding. Title IX requires all individuals in educational settings to be treated equally and fairly regardless of sex. Title IX protects transgender students and students whose gender expression differs from stereotypical expectations. California law also prohibits discrimination based on sex, sexual orientation, gender, gender expression, and gender identity. Title IX covers many topics including athletics; sexual misconduct, including sexual harassment and sexual violence; pregnant and parenting students; off-campus school-sponsored and school-related activities; and employment.

Summary of Student Rights

The following is a list of the rights of all students and the public included in Education Code 221.8:
Summary of Student Rights

View the List of Student Rights

Summary of Student Rights (California Education Code § 221.8)

The following is a list of the rights of all students and the public included in Education Code 221.8:

(a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.

(b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.

(c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.

(d) You have the right to apply for athletic scholarships.

(e) 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.

(f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.

(g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.

(h) 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.

(i) You have the right to pursue civil remedies if you have been discriminated against.

(j) You have the right to be protected against retaliation if you file a discrimination complaint.

List of Rights Specified Education Code Section 221.8

Responsibilities of the School District

Responsibilities of the School District

The District is responsible for operating its educational programs in a non-discriminatory manner. The District must prevent discrimination on the basis of sex in its programs and activities and prohibit retaliation against any person for opposing an unlawful practice or policy, or filing, testifying about, or participating in any complaint under Title IX.

The District has a responsibility to respond promptly and effectively to allegations of sex-based discrimination, including sexual harassment and sexual violence. More information about the District's responsibilities under Title IX related to sex-based discrimination and harassment may be found in the District's nondiscrimination policies including Board Policy 5145.3 and Board Policy 4030. More information about the District's responsibilities under Title IX related Title IX sexual harassment may be found in the District's Title IX Sexual Harassment Complaint Procedures at AR 4119.12/4219.12/4319.12 (Personnel) and AR 5145.71 (Students).

For more information about a school district's responsibilities under Title IX, please visit:

How to File a Title IX Complaint with PUSD

Anyone who believes they have experienced, witnessed or received a report of discrimination because of their sex (including sexual harassment) in violation of Title IX may file a complaint with the District and/or the Office for Civil Rights (OCR). Consistent with federal and California law, the District has established the following procedures for addressing Title IX complaints.

Filing a Title IX Complaint with the District

Title IX complaints can be filed with the District by submitting the complaint to the District’s Title IX Coordinator.

District Title IX Coordinator:

Anthony Molina

Assistant Superintendent, Educational Services

(925) 473-2313
amolina@pittsburgusd.net

Federal law requires the District apply different procedures for Title IX sexual harassment complaints than the procedures applicable to Title IX discrimination complaints and employment discrimination complaints. Below is the information applicable to each type of complaint.

A. Title IX Complaints Alleging Sex Discrimination (excluding Sexual Harassment)

The District’s Uniform Complaint Procedures (“UCP”) will be used to address most complaints alleging unlawful discrimination (such as discriminatory harassment, intimidation or bullying), including sex discrimination. The District’s UCP are set forth in Board Policy (“BP”) BP 1312.3 and Administrative Regulation (“AR”) AR 1312.3, Uniform Complaint Procedure.

The District’s UCP Complaint Form is available here. Complaints may be filed with the Title IX Coordinator/UCP Compliance Officer in person, by mail, or by email. If someone is unable to put their complaint in writing due to conditions such as disability or illiteracy, District staff will assist them in filling a complaint.

UCP complaints alleging unlawful discrimination, including discriminatory harassment, intimidation or bullying, must be filed no later than six (6) months from the date when the alleged unlawful discrimination occurred, or six (6) months from the date when the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. 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. Complaints alleging unlawful sex discrimination will be investigated consistent with the investigation procedures set forth in AR 1312.3 - Uniform Complaint Procedures.

B. Complaints Alleging Employment Discrimination (excluding Sexual Harassment)

The Board prohibits employment discrimination on the basis of sex. BP 4030, Nondiscrimination in Employment. Reports alleging discrimination in employment on the basis of sex will be addressed in accordance with AR 4030 - Nondiscrimination in Employment. These procedures apply complaints of employment discrimination by employees, job applicants, interns, volunteers, and other persons contracted to provide services to the District.

A written complaint may be filed with the Title IX Coordinator or Nondiscrimination Coordinator in person, by mail, or by email. The Complaint should contain the complainant’s name, the name of the individual who allegedly engaged in the conduct, a description of the conduct alleged, the date(s) and location(s) where the alleged conduct occurred, any witnesses who may have relevant information, any available evidence of the discrimination, and any other pertinent information which may assist in addressing the complaint.

A complainant may report a concern to their direct supervisor, another supervisor, the Title IX Coordinator, Nondiscrimination Coordinator, or the Superintendent. Complaints alleging unlawful employment discrimination on the basis of sex will be investigated consistent with the investigation procedures set forth in AR 4030 - Nondiscrimination in Employment.

C. Complaints Alleging Sexual Harassment (including Sexual Misconduct)

Anyone who believes they have experienced, witnessed or received a report of sexual harassment is strongly encouraged to report the incident to the District’s Title IX Coordinator, District administrator, or any District employee with whom the person is comfortable. District employees receiving a report of or witnessing sexual harassment are required to report it to the Title IX Coordinator.

Upon receiving a report of sexual harassment, the Title IX Coordinator will promptly contact the alleged victim(s) to discuss the availability of supportive measures, inform the them of their right to file a formal complaint and explain the process for filing a formal complaint.

A Formal Title IX Complaint Form is available here. A formal complaint, with the complainant’s physical or digital signature, may be filed with the Title IX Coordinator in person, by mail, or by email. If someone is unable to put their complaint in writing due to conditions such as disability or illiteracy, District staff will assist them in filling a complaint.

Upon receipt of a report of sexual harassment, the Title IX Coordinator will promptly take appropriate steps to address the allegations consistent with the applicable procedures. The procedures applicable to Title IX sexual harassment complaints are set forth in AR 4119.12/4219.12/4319.12 and AR 5145.71 Title IX Sexual Harassment Complaint Procedures. Reports of sexual harassment by non-employees, which are not covered by the definition of Title IX Sexual Harassment, will be addressed in accordance with AR 1312.3 - Uniform Complaint Procedures and in accordance with AR 4030 - Nondiscrimination in Employment for employees. The determination of whether the allegations meet the definition of Title IX Sexual Harassment under Title IX will be made by the District’s Title IX Coordinator.

The materials used to train the District’s Title IX Coordinator and Title IX Team are available here:

Police Report

To file a police report, please contact local law enforcement.

Filing a Complaint with OCR

A complainant also has the right to file a complaint with the U.S. Department of Education’s Office for Civil Rights within 180 days of the date of the most recently alleged misconduct. If the complaint involves matters that occurred longer ago than this, a complainant may request a waiver of the requirement from OCR by providing an explanation as to why the complaint was delayed. Information regarding OCR’s investigation process can be found HERE.

Additional information about filing a complaint with OCR is available HERE. OCR complaints can be submitted to OCR using that link or by mail or fax.

OCR's Discrimination Complaint Form is available HERE.

U.S. Department of Education, Office for Civil Rights,

Lyndon Baines Johnson Department of Education Bldg,

400 Maryland Avenue, SW, Washington, DC 20202-1100,

Telephone: (800) 421-3481,

FAX: (202) 453-6012; T

DD: 800-877 8339

Email: OCR@ed.gov

For information or assistance regarding filing a complaint with OCR, please contact the California regional office at: Office for Civil Rights

U.S. Department of Education

50 United Nations Plaza

Mail Box 1200, Room 1545

San Francisco, CA 94102

Telephone: 415-486-5555

FAX: 415-486-5570

TDD: 800-877-8339

Email: ocr.sanfrancisco@ed.gov

Police Report

To file a police report, please contact local law enforcement.

Other Types of Complaints

In addition to the complaint procedures applicable to Title IX complaints, complaints concerns other matters can often be filed using the District’s other complaint procedures, which are included in the District’s Policy Manual. Some examples include the following:

Complaints Concerning Instructional Materials. (BP 1312.2, AR 1312.2, E 1312.2 - Complaints Concerning Instructional Materials)
Uniform Complaint Procedures. These procedures apply to multiple subjects. A list of subjects covered is included in BP 1312.3 - Uniform Complaint Procedures. The applicable procedures are set forth in AR 1312.3 - Uniform Complaint Procedures.
Williams Act Complaints. The subjects covered and applicable procedures are set forth in AR 1312.4 - Williams Act Uniform Complaint Procedures and the Williams Act Complaint form is provided in Exhibit 1312.4 - Williams Act Complaint Form.
Complaints Concerning School Personnel. (BP 1312.1 and AR 1312.1)
Bullying Complaints. (BP 5131.2 – Bullying)