Non - Discrimination Policy (TITLE IX LEGAL PROTECTION AGAINST HARASSMENT)

  • 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.

    Learn more about Title IX and Sex Discrimination enforced by the Office for Civil Rights (OCR) at U.S. Department of Education. Federal Title IX of the Education Amendments of 1972 (“Title IX”), implemented at 34 C.F.R. § 106.31, subd. (a), 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. Relevant here, Title IX requires the San Bruno Park   School District to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

    Non-Discrimination Policy and Procedure For Staff and Students

    San Bruno Park School District does not discriminate on the basis of age, sex, sexual orientation, gender, gender identity, gender expression, ethnic group identification, race, ancestry, national origin, religion, marital or parental status, color, mental or physical disability, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics in its educational programs and activities or employment practices as required by Americans with Disabilities Act (ADA), Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Section 504 or the Rehabilitation Act of 1973, and the Vocational Education Act of 1976. The lack of English language skills will not be a barrier to admission and participation in the District’s programs.

    Filing a Title IX Complaint with the District

    Student complaints shall be submitted in written form in accordance with Board Policy and Administrative Regulation 1312.3 - Uniform Complaint Procedures. 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.

    All complaints shall be appropriately investigated in a timely manner. Within 10 business days after the compliance officer receives the complaint, the compliance officer, or designee, 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, or designee, with any evidence, or information leading to evidence, to support the allegations in the complaint. The District shall issue a written decision based on the evidence within 60 calendar days from receipt of the written complaint by the District.

    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.

    Additional Resources

    https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf Contact Information: 1-800-421-3481 or ocr@ed.gov

    Students, parents, employees, or others who wish further information about these regulations, or who wish to file a complaint regarding discrimination or harassment , should contact the following persons:  

    For inquiries or complaints related to employee-to-employee, student-to-employee, work/employment related discrimination or harassment, contact:

    Title IX Coordinator

    Stella M. Kemp, Superintendent

    500 Acacia Drive

    San Bruno, CA 94066

    (650) 624-3010 or skemp@sbpsd.k12.ca.us

    For inquiries about District policies and procedures related to student-to-student, student-to-staff and staff-to student harassment/discrimination, including how to file a harassment/discrimination complaint contact:

    Uniform Complaint Officer

    Stella M. Kemp, Superintendent

    500 Acacia Drive

    San Bruno, CA  94066

    (650) 624-3010 or skemp@sbpsd.k12.ca.us

     

    SBPSD Board Policy References

    BP  0410 - Nondiscrimination In District Programs And Activities

    For Students:

    For Classified/Certificated Staff and Job Applicants: