Title IX Non-Discrimination and Sexual Harassment
Title IX Non-Discrimination Policy
Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that was passed to ensure that students and staff, regardless of their sex, are treated equally and fairly. Title IX prohibits discrimination on the basis of sex, which includes sexual harassment. Specifically, Title IX provides 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.
Who is the School’s Title IX Coordinator?
Title IX requires that every school designate at least one person as the Title IX Coordinator. The O’Farrell Charter School and Ingenuity Charter School (“School”) designate the following individual as the Title IX Coordinator:
Name: Brian Rainey
Title: Principal/Title IX Coordinator
Address: 6130 Skyline Drive
San Diego, CA 92114
Phone: (619) 266-0112
Email: [email protected]
Where can I get more information on the rights of a pupil and the public and the responsibilities of the School under Title IX?
There are several internet resources where you can get information regarding your rights and the School’s responsibilities under Title IX. The following are a few:
- California Department of Education Office of Equal Opportunity
- United States Department of Education Office for Civil Rights
In addition, California law, like Title IX, prohibits discrimination on the basis of sex and affords individuals certain rights. You can access those rights here: Rights Afforded Under Education Code Section 221.8. Specifically, you have the right to:
- Fair and equitable treatment and you shall not be discriminated against based on your sex.
- Be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
- Inquire of the athletic director of your school as to the athletic opportunities offered by the school.
- Apply for athletic scholarships.
- Receive equitable treatment and benefits in the provision of all of the following: (i) equipment and supplies; (ii) scheduling of games and practices; (iii) transportation and daily allowances; (iv) access to tutoring; (v) coaching; (vi) locker rooms; (vii) practice and competitive facilities; (viii) medical and training facilities and services; and (ix) publicity.
- Have access to a gender equity coordinator to answer questions regarding gender equity laws.
- Contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
- 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.
- Pursue civil remedies if you have been discriminated against.
- Be protected against retaliation if you file a discrimination complaint.
How may I file a Title IX Complaint?
You may file a complaint with the School’s Title IX Coordinator (information above) or with another staff person who shall forward the complaint to the Title IX coordinator.
A complaint may be filed anonymously if it provides evidence or information leading to evidence to support an allegation of noncompliance. Otherwise, a discrimination complaint may be filed with the Office for Civil Rights:
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100
You can access the OCR complaint form here: United States Department of Education Office for Civil Rights Complaint Form
Is there a statute of limitations for filing an alleged incident of harassment or discrimination?
Consistent with the School’s Uniform Complaint Procedures policy (“UCP”), individuals may submit a written complaint of discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic within six months from the date the alleged incident occurred or the complainant first obtained knowledge of the facts of the alleged incident.
How are Title IX complaints investigated?
Title IX complaints may either be investigated under the School’s Title IX Policy for Sexual Harassment or other School policies. Upon receipt of a Title IX complaint, the School’s Title IX Coordinator will determine whether the allegations fall within the definition of “sexual harassment” under Title IX. If they do, the School will investigate the complaint through its Title IX Policy for Sexual Harassment. If the allegations do not fit under the definition of sexual harassment under Title IX, the School will investigate the complaint through another appropriate grievance procedure (e.g., Uniform Complaint Procedures).
During the investigative process, the School shall contact the complainant and other applicable parties to request documents and information. The School will provide an opportunity for the complainant to present evidence or information to support the complainant’s allegations.
For UCP investigations: Complaints will be investigated and a written decision will be issued within 60 calendar days of the UCP Compliance Officer’s receipt of the complaint.
For Title IX sexual harassment investigations: Complaints will be investigated and the School will endeavor to issue a written decision will be issued within 90 calendar days of the Title IX Coordinator’s receipt of the complaint.
For additional federal guidance on how complaints may be further pursued, please see the following link: United States Department of Education Office for Civil Rights