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Equity, Title IX, and Nondiscrimination

The Kern High School District is responsible for ensuring that all individuals are treated equitably in the District’s programs and activities and are provided an environment that is free from discrimination, harassment, intimidation, retaliation, and bullying consistent with federal and state nondiscrimination laws.  Pursuant to law and District policy, no person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, in any program or activity conducted by an educational institution that receives, or benefits from  state assistance, or enrolls pupils who receive state student financial aid.  (Ed. Code 220 ,Ed. Code 230; see also policies below). 

 

Links to information, policies, complaint procedures, and forms related to discrimination and harassment can be found by clicking on the specific subjects in the blue box or from links provided below. 

 

Title IX:  Information Regarding Title IX and Prohibited Sex-Based Discrimination

 

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.  Examples of the types of discrimination that are covered under Title IX include the failure to provide equal opportunity in athletics, sexual harassment, discrimination in a school’s science, technology, engineering, and math (STEM) courses and programs, and discrimination based on pregnancy.

 

What is Title IX? 

 

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex-based discrimination in all educational programs and activities, including athletic programs, and it reads in part:   No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity operated by the District.  

 

Title IX protects all participants in the District's educational programs and activities.  Examples of the types of discrimination that are covered under Title IX include sexual harassment; the failure to provide equal opportunity in athletics; discrimination in a school's science, technology, engineering, and math (STEM) courses and programs; and discrimination based on pregnancy.  

 

Definition of Sexual Harassment

 

Prohibited sexual harassment is unwelcome sexual conduct that may include, but is not limited to, sexual violence, 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, when made on the basis of sex and under the following conditions:  Education Code 212.5

5 CCR 4916

 

Examples of Prohibited Conduct on the Basis of Sex

 

Harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

 

(a) On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity.

 

(b) On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex.

 

(c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, "equivalent" means equal or equal in effect.

 

(d) An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations as that section exists on January 1, 2003, using any one of the following tests:

 

(1) Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.

 

(2) Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.

 

(3) Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program.

 

(e) If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.

 

(f) It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.

 

(g) On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.

 

(h) On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions.  Ed. Code 230

 

Title IX information provided here applies to every school site and to all District programs and activities.

 

 

In addition to Title IX, the California Education Code prohibits discrimination on the basis of sex in schools.  (California Education Code §§ 220-221.1.)  Other state and federal laws also prohibit discrimination and ensure equality in education.  Please refer to the KHSD’s board policy and administrative regulations below for more information on the District’s anti-discrimination policies.

 

What are my rights under Title IX?

(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 (Title IX Compliance Officer – see below) 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.

(Ed. Code §221.8)

 

The District has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence.  If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects.  The District must resolve complaints of sex discrimination promptly and equitably.  Information on filing a complaint alleging sex-based discrimination is below, including contact information for the District’s Title IX Coordinator.

For more information specific to anti-discrimination in District employment, please contact the Title IX Coordinator.

Learn more about your rights under Title IX:

 
 

Review related District policies and regulations: 

Bullying

Gender Equity in Athletics

Sexual Harassment and Gender Discrimination (Title IX)

Discrimination at Your School (Uniform Complaint Procedures)

Williams Complaint

Applicable California Education Code Sections:

CA Education Code Sections 230 and 220

How do I file a complaint?

A sexual harassment complaint may be filed verbally or in writing with the school site principal or with the District's title IX Coordinator (see below).  You may file a complaint alleging sex or gender-based discrimination with the Title IX Coordinator at any time by telephone, in person, US mail, or by e-mail.  Claims should be made within six months from the date the alleged incident occurred or you first obtained knowledge of the incident. 

The District has a Title IX Coordinator who oversees the District’s compliance with Title IX requirements and promotes sex  and gender equity in the District’s programs and activities.  Contact the District’s Title IX Coordinator:

Dr. Debbie Thompson, Chief Communications Officer

 Title IX Coordinator

5801 Sundale Ave.

Bakersfield, California 93309

Telephone: (661) 827-3173

Email: debbie_thompson@kernhigh.org

 

How do I file a complaint of sex discrimination?

You may file a complaint alleging sex or gender-based discrimination at any time by contacting the District's Title IX Coordinator in person, by telephone, by mail, or by email.

Dr. Debbie Thompson, Chief Communications Officer

 Title IX Coordinator

5801 Sundale Ave.

Bakersfield, California 93309

Telephone: (661) 827-3173

Email: debbie_thompson@kernhigh.org

 

You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights.  The electronic complaint form for the Office for Civil Rights is available online at https://ocrcas.ed.gov/. Contact the Office for Civil Rights at:

San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102

Telephone: (415) 486-5555
Fax: (415) 486-5570; TDD: (800) 877-8339

Email: ocr.sanfrancisco@ed.gov

 

Complaints alleging discrimination, harassment, intimidation, and/or bullying can be filed utilizing the , District’s Uniform Complaint Form although use of this form is not required.  These complaints must be in writing.  If you need assistance putting your complaint in writing, please contact the district by calling the Alan Paradise in the Human Resources Division at (661) 827-3302. You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information.  For more information about how to file discrimination, harassment, intimidation, bullying and other types of complaints, please contact either the Title IX Coordinator or Alan Paradise at (661) 827-3302.

 

When must a complaint be filed?

Discrimination complaints (alleging discriminatory harassment, intimidation, and/or bullying) may be filed only by persons who allege that they have personally suffered unlawful discrimination or who believe that an individual or any specific class of individuals has been subjected to unlawful discrimination. The complaint shall be initiated no later than six (6) months from the date that the alleged unlawful discrimination occurred, or six (6) months from the date that 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. (5 CCR 4630)

 

You have the right to a prompt and equitable response from the school/District.

 

The District strictly prohibits retaliation against anyone who makes a complaint or participates in the complaint process.

 

Complaint Procedures:

 

For verbal or written complaints that fall within the jurisdiction of Title IX, those complaints shall be handled pursuant to Administrative Regulation 5145.71 Title IX Sexual Harassment Complaint Procedures [Students]). .   

 

Other specified complaints may be made by a student, employee, or other person participating in a District program or activity pursuant to the District’s Uniform Complaint Procedures.  A UCP complaint must be in writing and the District will provide you with assistance if requested.  Areas applicable to the UCP include, but is not limited to, allegations of violation of state or federal law or regulations governing any program including adult education, consolidated categorical programs, the federal Every Student Succeeds Act, migrant education, Regional Occupational Centers and programs, school safety plans or other District programs; alleging the occurrence of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) in district programs and activities, including in those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on the person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on the person's association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610); accommodations for lactating students; student fees; noncompliance with the Local Control and Accountability Plan; school plan for student achievement; school site councils; complaints made by foster youth related to placement, grades, course work/credits; homeless, military family, migrant former juvenile court school students regarding course work/graduation requirements; classes without content; physical education minutes; retaliation for making or participating in an investigation of a complaint under this policy.

 

How will a complaint be investigated?

You have the right to a prompt and equitable response.  The District will investigate your complaint and render findings within a specified time period.  The investigation may include interviewing alleged victims, alleged offenders, and relevant witnesses, as well as reviewing available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation.  The investigator may visit reasonably accessible locations where discrimination is alleged to have occurred.  As appropriate, the District’s compliance officer periodically will inform the parties of the status of the investigation.  The parties have the right to review relevant evidence.  The parties will be notified when a decision is made.

 

Board Policies and Administrative Regulations: 

Title IX Training Materials: 
 
To access all Title IX training materials used by the District, please see Title IX Training Materials