What is Title IX?

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex-based discrimination in all educational programs

and activities, including athletic programs. Title IX 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 education program or activity receiving Federal financial

assistance."

Title IX protects all participants in Santa Clara Elementary District educational programs and activities, including students, parents, employees, and job

applicants. 

Santa Clara does not discriminate on the basis of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.

In addition to Title IX, the California Education Code prohibits discrimination on the basis of sex in schools (California Education Code § 220-221.1).

Other state and federal laws also prohibit discrimination and ensure equality in education.

Santa Clara has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If

Santa Clara knows, or reasonably should know, about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence,

and address its effects. Santa Clara must resolve complaints of sex discrimination promptly and equitably. Information on filing a complaint alleging sex-

based discrimination is below, including contact information for Santa Clara’s Title IX Coordinator.

What are my rights under Title IX?

You have the following rights under Title IX, to the extent applicable at Santa Clara. Please note that Santa Clara does not offer competitive athletics as

defined by California Education Code 221.9(e).
 

California Education Code § 221.5-231.5 provides a complete list of rights, including:

(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:

(1) Equipment and supplies.

(2) Scheduling of games and practices.

(3) Transportation and daily allowances.

(4) Access to tutoring.

(5) Coaching.

(6) Locker rooms.

(7) Practice and competitive facilities.

(8) Medical and training facilities and services.

(9) 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 of 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.

(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.

Santa Clara has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence.

If Santa Clara knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence,

and address its effects. Santa Clara must resolve complaints of sex discrimination promptly and equitably.

Title IX Training

• The New Title IX Team and Process for Districts

Additional Information and Resources

• California Department of Education - Equal Opportunity & Access
• California Department of Education - Gender Equity/Title IX
• California Department of Education - Office of Equal Opportunity
• California Department of Education - Uniform Complaint Procedures
• United States Department of Education - Know Your Rights
• United States Department of Education - Office for Civil Rights
• United States Department of Education - Sex Discrimination Information
   

Complaints alleging noncompliance with Title IX should be directed to the Title IX Coordinator:
 

Mrs. Kari Skidmore, Superintendent/Principal 
kskidmore@santaclaraesd.org

(805) 525-4573 

If you wish to file a Civil Rights Complaint, you must file in writing by mail, fax, email, or via the OCR Complaint.

Portal Office of the Civil Rights: https://www.hhs.gov/civil-rights

Relevant Santa Clara Policies

• BOARD POLICY NO. 5131.2 - Bullying
   
• BOARD POLICY NO. 5145.3 - Non-Discrimination, Harassment, Intimidation or Bullying of Students 
   
• BOARD POLICY NO.5145.7 - Sexual Harassment

When Must a Complaint Be Filed?

A complaint alleging retaliation or unlawful discrimination, (such as discriminatory harassment, intimidation, or bullying), must be filed not later than six

(6) months from the date occurred, or six (6) months from the date the complainant first obtained knowledge of the facts of the alleged unlawful

discrimination. The time for filing may be extended for up to ninety (90) days by the Superintendent or designee for good cause upon written request by

the complainant setting forth the reasons for the extension.

How will a Complaint be Investigated?

Within ten (10) business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.

In conducting the investigation, the compliance officer shall collect all available documents and review all available records, notes, or statements related

to the complaint, including any additional evidence or information received from the parties during the course of the investigation. They shall individually

interview all available witnesses with information pertinent to the complaint, and may visit any reasonably accessible location where the relevant actions

are alleged to have taken place. At appropriate intervals, the compliance officer shall inform both parties of the status of the investigation.

To investigate a complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the compliance

officer shall interview the alleged victim(s), any alleged offenders, and other relevant witnesses privately, separately, and in a confidential manner. As

necessary, additional staff or legal counsel may conduct or support the investigation.

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is

one, a written report within sixty (60) calendar days of Santa Clara's receipt of the complaint.  (5 CCR 4631)

For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:

1. Notice of the complainant’s and respondent’s right to appeal Santa Clara's decision to the CDE within fifteen (15) calendar days, and
   
   procedures to be followed for initiating such an appeal

For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also

include a notice to the complainant that:

1. They may pursue available civil law remedies outside of Santa Clara's complaint procedures, including seeking assistance from mediation
   
   centers or public/private interest attorneys, sixty (60) calendar days after the filing of an appeal with the CDE. (Education Code 262.3)
    
2. The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on
   
   federal law. (Education Code 262.3)
    
3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S.
   
   Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.

What Happens When the Investigation is Complete?

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is

one, a written report within sixty (60) calendar days of Santa Clara's receipt of the complaint.  (5 CCR 4631)
 

For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:
 

1. Notice of the complainant’s and respondent’s right to appeal Santa Clara's decision to the CDE within fifteen (15) calendar days, and
   
   procedures to be followed for initiating such an appeal
    

For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also

include a notice to the complainant that:
 

1. They may pursue available civil law remedies outside of Santa Clara's complaint procedures, including seeking assistance from mediation
   
   centers or public/private interest attorneys, sixty (60) calendar days after the filing of an appeal with the CDE. (Education Code 262.3)
    
2. The sixty (60) days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on
   
   federal law. (Education Code 262.3)
    
3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S.
   
   Department of Education, Office for Civil Rights at www.ed.gov/ocr within one hundred eighty (180) days of the alleged discrimination.
    

If the compliance officer finds that a complaint has merit, Santa Clara will take appropriate corrective action.
 

For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures:
 

http://www.cde.ca.gov/re/cp/uc/index.asp.
 

Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within one hundred eighty (180) days of the alleged


discrimination. For contact information, see the section above on “How do I file a complaint of sex discrimination?” For more information, visit:
 

http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.