Title IX Compliance

Discrimination Based on Sex is Prohibited

What is Title IX?

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that 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 prohibits sex-based discrimination in all school  programs and activities, including athletic programs.  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 educational program or activity operated by Ross Valley Charter (RVC)..  Title IX protects all participants in the RVC’s programs and activities, including students, parents, employees, and job applicants.  The school does not discriminate on the basis of sex.  

Discrimination on the basis of sex can include sexual harassment and sexual violence.  Sexual harassment includes verbal, visual or physical conduct of a sexual nature which may have a negative impact upon the victim’s academic or work performance or creates an intimidating, hostile, or offensive educational/work environment.

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.  

Title IX information provided here applies to all activities and programs of the school. .

What are my rights under Title IX?

You have the following rights under Title IX, to the extent applicable at the school:

  • You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
  • You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
  • You have the right to inquire of the athletic director of your school or appropriate school personnel as to the athletic opportunities offered by the school.
  • You have the right to apply for athletic scholarships if the school offers any.
  • You have the right to receive equitable treatment and benefits in the provision of all of the following related to athletics, if any are provided by the school:
    • 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; and
    • Publicity.
  • You have the right to have access to a sex/gender equity coordinator, referred to as the Title IX Coordinator, to answer questions regarding sex/gender equity laws.
  • You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on sex/gender equity laws.
  • You have the right to file a confidential discrimination complaint with the United States Department of Education Office for Civil Rights or the California 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.
  • You have the right to pursue civil remedies if you have been discriminated against.
  • You have the right to be protected against retaliation if you file a discrimination complaint.
    (California Education Code § 221.8.)

RVC has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence.  If the school knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects.  The school must resolve complaints of sex discrimination promptly and equitably.  Information on filing a complaint alleging sex-based discrimination is below, including contact information for the school’s Title IX Coordinator.

For more information specific to anti-discrimination in employment, please contact the Title IX Coordinator.

Learn more about your rights under Title IX

Who is the Title IX Coordinator?

The school has a Title IX Coordinator who oversees the school’s compliance with Title IX requirements and promotes sex equity in the school’s programs.  Contact the school’s Title IX Coordinator:

Address:

Luke Duchene
102 Marinda Drive
Fairfax, CA 94930

Electronic Communication:

Telephone: (415) 534-6970

Email: luke.duchene@rossvalleycharter.org  

How do I file a complaint of sex discrimination?

A student, parent, guardian, employee, individual, or organization may file a written complaint alleging discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic sending a complaint to the Title IX Coordinator listed above.

You may file a complaint anonymously, but the school’s ability to investigate and respond may be limited by a lack of information.

You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights.  For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.  The electronic complaint form for the Office for Civil Rights is available online at https://ocrcas.ed.gov/. Contact the Office for Civil Rights at:

San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102

Telephone: (415) 486-5555
Fax: (415) 486-5570; TDD: (800) 877-8339
Email: ocr.sanfrancisco@ed.gov

For information about how to file other types of complaints and the procedures for those complaints, please contact the School Office at (415) 488-5863.

When must a complaint be filed?

A complaint alleging unlawful discrimination or retaliation must be filed no later than six months from the date the discrimination or retaliation occurred, or six months from when the complainant first learned of the unlawful discrimination.  The Director or designee may extend this timeline by up to ninety days for good cause, upon written request by the complainant setting forth the reasons for the extension.

How will a complaint be investigated?

Complaints will be investigated and a decision made within sixty calendar days of the School’s receipt, unless the complainant agrees to an extension.  The School’s compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses.  The compliance officer may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation.  The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred.  As appropriate, the school’s compliance officer periodically will inform the parties of the status of the investigation.  The complainant will be notified when a decision is made.

 

What happens when the investigation is complete?

The compliance officer will prepare and send a final written decision to the complainant and respondent, if any, within 60 calendar days of the school’s receipt of the complaint (unless this deadline is extended by mutual agreement).

The complainant or respondent may appeal the School’s decision within fifteen calendar days to the California Department of Education.  The appeal must specify the reason for the appeal and whether the School’s facts are incorrect and/or the law is misapplied.  The appeal must include a copy of the original complaint to the School and a copy of the School’s decision.  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.

For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers or public/private interest attorneys, sixty calendar days after filing an appeal with the California Department of Education.  (California Education Code § 262.3.)  Note that this sixty day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law.  (California Education Code § 262.3.)

Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within 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.

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

How do I get more information?  

For more information regarding Title IX and sex equity in education or in school employment, please contact the school’s Title IX Coordinator listed above.