Gender Equity/Title IX Student Rights, Complaints, Resources

Beaumont USD community may contact the Title IX Coordinator to file a complaint regarding gender equity or sex-based harassment, discrimination, intimidation, and bullying because of actual or perceived disability, sex, gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion, sexual orientation, age, marital or parental status, or association with a person or group with one or more of these actual or perceived characteristics.

 

• You have the right to fair and equitable treatment and to be free from discrimination based on your sex.
• You have the right to an equitable opportunity to participate in all academic and extracurricular activities, including athletics.
• You have the right to ask the athletic director of your school about the athletic opportunities offered by the school.
• You have the right to apply for athletic scholarships.
• You have the right to equitable treatment and benefits in:

• Equipment and supplies
• Scheduling of games and practices
• Transportation and daily allowances
• Access to tutoring
• Coaching
• Locker rooms
• Practice and competitive facilities
• Medical and training facilities and services
• Publicity

• You have access to a gender equity coordinator to answer questions about gender equity laws.
• You have the right to contact the California Department of Education (CDE) and the California Interscholastic Federation (CIF) for information on gender equity laws.
• You have the right to file a confidential discrimination complaint with the United States Office for Civil Rights (OCR) or CDE if you believe you have been discriminated against or received unequal treatment on the basis of your sex.
• You have the right to pursue civil remedies if you have been discriminated against.
• You have the right to be protected from retaliation if you file a discrimination complaint.
• Pregnant students and teen parents have a right to equal education and full participation, and they have the right to remain in their regular or current school program, including special education and non-public school placements, alternative/options programs, free and reduced lunch programs and services for English Learners, and any other programs for which they are otherwise qualified.   

Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility that are based on sex, gender identity, or gender expression, regardless of whether they are sexual in nature, where the act 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 are prohibited under state and federal law.

 

• If you are a student, parent, or interested third party (a complainant filing on behalf of or pertaining to another person(s) is responsible for securing any necessary written consent from that individual, including when a parent files for a student over the age of 18.) and you want to report an instance of discrimination, harassment, intimidation, and bullying, a complaint must be filed no later than 6 months from the date that the incident occurred or the date you first had knowledge that the incident occurred. Making a copy of the complaint for your records is a good idea. 
• Any student who feels that he/she has been subjected to unlawful discrimination described above or in District policy is strongly encouraged to immediately report the incident. 
• In addition, any student who observes any such incident is strongly encouraged to report the incident to the principal, whether or not the alleged victim files a complaint.
• Any school employee who observes an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, or to whom such an incident is reported shall report immediately to the compliance officer or principal within a school day, whether or not the alleged victim files a complaint.
• Any school employee who witnesses an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall immediately intervene to stop the incident when it is safe to do so. (Education Code 234.1)

 

Beaumont USD BP/AR 5145.3 outlines the process for initiating and responding to complaints based on Title IX rights. 

 

All complaints shall be appropriately investigated in a timely manner. Within 10 business days after the Title IX Coordinator or his designee receives the complaint, he shall begin an investigation into the complaint. The investigation shall include an opportunity for the complainant, the complainant’s representative, or both to present the coordinator or designee with any evidence, or information leading to evidence, to support the allegations in the complaint. 

 

Beaumont USD shall issue a written decision based on the evidence within 120 calendar days from receipt of the written complaint. Any complainant who is dissatisfied with the District's final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving the District's decision.

 

Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights, within 180 calendar days of the date of the alleged discrimination unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.

 

For information regarding filing a complaint with the Office of Civil Rights (OCR), OCR provides an online complaint filing system.

 

The OCR can also be contacted through 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

Phone:  (415) 486-5555

Email:  [email protected]

 

State and federal law protect students from all forms of sexual harassment (including sexual violence and sexual abuse). Any student, regardless of their gender, may potentially face sexual harassment, which can interfere with a student’s academic performance, as well as their emotional and physical well-being. Preventing and remedying sexual harassment in schools is essential to ensuring a safe environment in which students can learn. Title IX coordinators are in the best position to prevent harassment and to lessen the harm to students if, despite their best efforts, acts of sexual harassment do occur.

In accordance with California Education Code 221.9, each public elementary, secondary, and charter school in California that offers competitive athletics is required to make the following information available to the public at the end of each school year:

 

• The total enrollment of the school, classified by gender.
• The number of pupils enrolled at the school who participate in competitive athletics, classified by gender.
• The number of male and female teams, classified by sport and by competition level.

Competitive Athletics are defined as sports where the activity has coaches, a governing organization, practices, competes during a defined season, and has competition as its primary goal. The required data, as stated above, should reflect the total number of players on a team roster on the official first day of competition. Schools should post information on the school’s website. If the school does not maintain a website, the school District or charter operator shall post the information on its website. All materials used by the school to compile the data are to be retained by the school for a minimum of three years after the information has been posted.

The Superintendent or designee shall design strategies to promote harmonious relationships among students, prevent incidents of hate-motivated behavior to the extent possible, and address such incidents if they occur.

A student or parent/guardian who believes the student is a victim of hate-motivated behavior is strongly encouraged to report the incident to a teacher, the principal, or other staff members. Any staff member notified that hate-motivated behavior has occurred, observes such behavior, or otherwise becomes aware of an incident shall immediately contact the principal or the compliance officer responsible for coordinating the District's response to complaints and complying with state and federal civil rights laws. As appropriate, he/she shall also contact law enforcement. Any complaint of hate-motivated behavior shall be investigated and, if determined to be discriminatory, shall be resolved in accordance with law and the District's uniform complaint procedures specified in AR 1312.3 - Uniform Complaint Procedures.

 

If, during the investigation, it is determined that a complaint is about nondiscriminatory behavior, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint.