Title IX
Our Philosophy
The following is information regarding your rights and responsibilities regarding filing a Title [CF1] IX Complaint.
Title IX Coordinator Contact Information[CF2]
All complaints should be sent to our Title IX Coordinator, who can be reached at:
Juan Perez
HR Technician
(209) 644-2635
445 N. San Joaquin Street
Stockton, CA 95202
What is Title IX?
Title IX (20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106) states, “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 educational program or activity receiving Federal financial assistance.” In accordance with Title IX and California state law, El Concilio California Academies (“ECCA”) does not discriminate on the basis of sex in its education program or activities, including employment and admissions.
Your Rights and Responsibilities Under Title IX[CF3]
(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 and athletics offered by ECCA.
(c) ECCA does not currently offer any athletic programs. If it does in the future, [CF4] you have the right to inquire of the athletic director or other appropriate ECCA administrator as to the athletic opportunities offered by ECCA.
(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. The gender equity officer is the Title IX Coordinator. Inquiries about the application of Title IX and 34 C.F.R. Part 106 to ECCA may be referred to the Title IX Coordinator, to the Assistant Secretary for Civil Rights of the U.S. Department of Education, or both.
(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 or if you believe you have received unequal treatment on the basis of your sex. See below for more information regarding how to file a complaint.
(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.
(k) You [CF5] can find out more information regarding your rights, ECCA’s responsibilities, and access information on gender equity laws from the following resources:
· California Interscholastic Federation[CF6] :
http://www.cifstate.org/governance/equity/index
· California Department of Education, Office for Equal Opportunity: https://www.cde.ca.gov/re/di/or/oeo.asp
· California Department of Education, Gender Equity/Title IX:
https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp
· United States Department of Education, Office for Civil Rights: https://www2.ed.gov/about/offices/list/ocr/frontpage/pro-students/sex-pr.html
Statewide Resources for Youth Subjected to Discrimination or Harassment
You can find a list of community-based organizations that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying at: https://www.cde.ca.gov/re/di/eo/[CF7]
Definition of Discrimination and Harassment Based on Sex Under Ed. Code Section 230[CF8]
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.
(c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. “Equivalent” means equal or equal in effect.
(d) 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.
(e) 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.
How to File a Complaint Under Title IX
(a) You can find more information regarding how to file a complaint as follows:
· The United States Office for Civil Rights websites:
o https://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt
o https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
o https://ocrcas.ed.gov/welcome-to-the-ocr-complaint-assessment-system
· California Department of Education website:
o http://www.cde.ca.gov/re/di/eo/complaint.asp
· ECCA Uniform Complaint Procedures (“UCP”) or Title IX, Harassment, Intimidation, Discrimination, and Bullying Policy. Please see the main office or the ECCA website for a complete copy of these policies. A link to the ECCA Title IX, Harassment, Intimidation, Discrimination, and Bullying Policy can be found here[CF9] .
(b) A complaint regarding discrimination or harassment based on sex must ordinarily be filed with the U.S. Office for Civil Rights within 180 days of the last act of discrimination. If your complaint involves matters that occurred longer 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. If you have questions about your situation, you can contact the California branch of the Office for Civil Rights at the address listed below. A complaint filed with ECCA under our UCP alleging unlawful discrimination, harassment, intimidation or bullying must be initiated no later than six (6) months from the date when the alleged unlawful discrimination, harassment, intimidation or bullying occurred, or six (6) months from the date when the complainant first obtained knowledge of the facts of the alleged unlawful discrimination, harassment, intimidation or bullying.
(c) The U.S. Office for Civil Rights has its own policies and procedures for investigating complaints. Please review the above link for more information about this process. A complaint filed with ECCA under our UCP or Title IX, Harassment, Intimidation, Discrimination, and Bullying Policy will be investigated in compliance with those policies.
(d) There are a variety of ways to file your complaint. You can use the U.S. Office for Civil Rights electronic complaint form filed directly through their website; or mail, email, or send by facsimile your own letter or a completed copy of the Office for Civil Rights Discrimination Complaint Form.
· The electronic complaint form is available at https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
· You can send a completed version of this form or your own letter via email, facsimile, or regular mail to the following addresses:
Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue SW
Washington, D.C. 20202
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: ocr@ed.gov
***
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
To file a UCP or complaint under our Title IX, Harassment, Intimidation, Discrimination, and Bullying Policy directly with ECCA, please follow procedures set forth in those policies.
[CF1]This information must be posted on the School’s website in a prominent and easily accessible location. (Ed. Code 221.61(a) and 34 CFR section 106.8). This document includes the required information, though you can adjust formatting as needed for your website. Just ensure none of the information is lost during the formatting.
Under Title IX, the School is also legally required to post “All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process” on its website.
Further, under Ed. Code section § 221.9, if the Charter School offers competitive athletics, the Charter School shall publicly make available on its website at the end of the school year all of the following information:
1) The total enrollment of the school classified by gender.
2) The number of pupils enrolled at the school who participate in competitive athletics, classified by gender.
3) The number of boys’ and girls’ teams classified by sport and by competition level.
The data required above shall reflect the total number of players on a team roster on the official first day of competition.
[CF2]This information, including the name and contact information, which includes the Title IX coordinator’s name/title, office address, phone number and email address is required by Ed. Code 221.61(a)(1) and 34 CFR 106.8.
[CF3] Inclusion of these rights and responsibilities is required by Ed. Code 221.61(a)(2) and Ed. Code 221.8.
[CF4]If the School does offer athletics, please remove this first part of the sentence.
[CF5]This information is required by Ed. Code 221.61(a)(2). I included links on these pages regarding Title IX specifically.
[CF6]Mentioning the CIF is required under Ed. Code 221.8(g). Accordingly, even if a charter school is not a member of the CIF, we advise including this information and the webpage link, which has general information for all athletes regarding gender equity.
These links all provide general information about the rights and responsibilities of both the student and the school, whereas the links below are to specific information regarding complaints. Including the links to both is required by Ed. Code 221.61(a)(2) and (a)(3).
[CF7] Although this isn’t a necessary part of the Title IX specific posting, it is a required school website posting per EC section 234.6 (AB 34), and since it is related to harassment/discrimination, we believe it is relevant and helpful to include here. If the School has this link posted elsewhere on its website in a prominent and accessible location, you may remove it from this specific posting.
[CF8]Although this isn’t a necessary part of the Title IX specific posting, it is a required school website posting per EC section 234.6 (AB 34), and since it is related to sex harassment/discrimination, we believe it is relevant and helpful to include here. If the School has this definition posted elsewhere on its website in a prominent and accessible location, you may remove it from this specific posting. While the School’s Title IX, Harassment, Intimidation, Discrimination and Bullying policy, which is also required to be posted on the School’s website, should also include a definition of sex harassment/discrimination, since EC section 234.6 requires that this specific definition be posted, the School should post this definition in addition its policy on its website.
[CF9]INSERT DIRECT LINK TO FULL POLICY HERE. The School is required to place its Title IX/sexual harassment policy on its website and in its student and employee handbooks.