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 school districts to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation. We will not discriminate or tolerate in any athletic program or any other program  unlawful discrimination targeting a student, including discriminatory harassment, intimidation, or bullying, based on the student's actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or any other legally protected status or association with a person or group with one or more of these actual or perceived characteristics. The coordinator/compliance officer(s) may be contacted at: 

 

The district designates the individual identified below as the employee responsible for coordinating the district's efforts to comply with applicable state and federal civil rights laws, including Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Age Discrimination Act of 1975, and to answer inquiries regarding the district's nondiscrimination policies. The individual(s) shall also serve as the compliance officer(s) specified in AR 1312.3 - Uniform Complaint Procedures as the responsible employee to handle complaints alleging unlawful discrimination targeting a student, including discriminatory harassment, intimidation, or bullying, based on the student's actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or any other legally protected status or association with a person or group with one or more of these actual or perceived characteristics. The coordinator/compliance officer(s) may be contacted at:  (Education Code 234.1; 5 CCR 4621)

 

Jamal Graham, Executive Assistant to the Superintendent, is the Title IX Coordinator and compliance officer for the Sausalito Marin Cithy School District, and can be reached by telephone at (415) 332-3190 or by email at jgraham@smcsd.org

Student complaints shall be submitted in written form in accordance with Board Policy and Administrative Regulation 5145.3 – Nondiscrimination, Harassment and Board Policy and Administrative Regulations 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. 

 

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.  The District shall issue a written decision based on the evidence within 60 calendar days from receipt of the written complaint by the District, unless an extension is appropriate pursuant to District policy. 

 

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 for 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. By law, complaints of discrimination must ordinarily be filed within 180 days of the last act of discrimination. If your complaint involves matters that occurred longer ago than this and you are requesting a waiver, you will be asked to show good cause why you did not file your complaint within the 180-day period by the Office of Civil Rights. In order to file for a waiver or file a complaint with the office of civil rights please click the link at the bottom of the page entitled United States Department of Education Office of Civil Rights Complaint Form.

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:

 

 

• United States Department of Education Office for Civil Rights 
• United States Department of Education Office for Civil Rights Complaint Form  
• United States Department of Education Office for Civil Rights Contact Information: 1-800-421-3481 or ocr@ed.gov
• California Department of Education Office of Equal Opportunity