Paradise Unified School District - Title IX and Non-Discrimination

Title IX and Non-Discrimination

TITLE IX OF THE EDUCATION AMENDMENTS OF 1972

Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX 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." (20 U.S.C. §1681, et seq.)

Title IX applies to schools, local and state educational agencies, and other institutions that receive federal financial assistance from the U. S. Department of Education.

FILING A TITLE IX COMPLAINT

Student complaints shall be submitted in written form in accordance with Uniform Complaint Procedures, Board Policy and Administrative Regulation 1312.3. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so.

Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex. The time for filing may be extended up to 90 days by the Superintendent or the Superintendent's designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complaint.

The compliance officer may informally discuss with all the parties the possibility of using mediation within three business days after his or her receipt of the complaint. All complaints shall be appropriately investigated in a timely manner. Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint. The investigation shall include an opportunity for the complainant, or the complainant's representative, or both, to present the compliance officer with any evidence, or information leading to evidence, to support the allegations in the complaint. Unless extended by a written agreement with the complainant, the District shall issue a written decision based on the evidence within 60 calendar days from receipt of the complaint by the District.

Any complainant who is dissatisfied with the final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving the 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.

Find Title IX Formal Complaint Form Here

Additional details about procedures for filing a complaint may be found in Uniform Complaint Procedures, Board Policy and Administrative Regulations 1312.3 at the following website:

Uniform Complaint Procedures

Student Sexual Harassment Policy

The district strongly encourages any student who feels that he/she is being or has been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult to immediately contact his/her teacher, the principal, or any other available school employee. Any employee who receives a report or observes an incident of sexual harassment shall notify the principal or the district's compliance officer immediately.

Paradise Unified School District

Dena Kapsalis, Director of Student Services

6696 Clark Rd.

Paradise, CA 95969

(530) 872-6400

Any person with a disability or who is unable to prepare a written complaint can receive assistance from the site-administrator/designee or by calling the Department of Student Services at (530) 872-6400.

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)

Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.
Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.
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.
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.

Reporting Process and Complaint Investigation and Resolution

Any student who believes that he/she has been subjected to sexual harassment 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.

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 the Superintendent or designee.

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. Such 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.

Parent and Student Processes References

The administrative regulation and board policy 5145.7 Sexual Harassment Students detail the types of complaints under this policy and the procedures to report sexual harassment, including policy on confidentiality. The administrative regulation 1312.3 will provide detailed steps to filing a written complaint. It is a PUSD regulatory document to help you with the necessary documentation to submit your complaint (see Attachments below). The board's policy 1312.3 is the district's assurance to you of its responsibilities in accordance with district's policy and other state and federal regulations (see Board Policies linked below).

TITLE IX RESOURCES

U.S. Department of Education Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Avenue, SW
Washington, DC 20202-1100

United States Department of Education Office for Civil Rights Complaint Form

San Francisco Office
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

Office for Equal Opportunity

United States Department of Justice

PUSD Board Policies:

TITLE IX COORDINATOR INFORMATION

Dena Kapsalis, Director, Student Services, is the Title IX Coordinator for Paradise Unified School District and can be reached by telephone at (530) 872-6400, or by email.

In compliance with Title IX, 34 C.F.R. §106.45(b)(10)(i)(D), Paradise Unified School District has provided required training to all Title IX personnel, including the District’s Title IX coordinator, investigator(s), decision maker(s), and Facilitator(s) on June 14, 2024. This training can be viewed by accessing the link below:

TITLE IX Overview Training Material

TITLE IX - STUDENT RIGHTS

Federal Title IX of the Education Amendments of 1972 ("Title IX") provides that 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 academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives federal financial assistance. (34 C.F.R. §106.31(a).)

STUDENT RIGHTS PURSUANT TO EDUCATION CODE SECTION 221.8

Education Code section 221.8 provides as follows:

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. §1681, et seq.), may be used by the department for purposes of Section 221.6:

(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:

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.

(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 for Civil Rights or the State Department of Education if you believe you have been discriminated against of 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.