Title IX Know Your Rights
MAMMOTH UNIFIED SCHOOL DISTRICT
Title IX Laws. Re: Discrimination & Harassment
Know Your Rights
The Board of Education desires to provide a safe school environment that allows all students equal access and opportunities in the district's academic, extracurricular, and other educational support programs, services, and activities. The Board prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying, targeted at any student by anyone, 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, or genetic information, or association with a person or group with one or more of these actual or perceived characteristics.
Student Rights under Title IX
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 they know or reasonably should know of a possible Title IX violation.
Title IX Coordinator
The MUSD Superintendent, Dr. Annie Rinaldi, is the Title IX Coordinator for the Mammoth Unified School District and can be reached at 461 Sierra Park Road, Mammoth Lakes, CA 93546, by telephone at (760) 934-6802 or by email at [email protected].
Filing a Title IX Complaint with Mammoth Unified School District
Complaints shall be submitted in written form in accordance with Board Policies. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. A complaint form is available in the resources at the conclusion of this document.
Complaints must be filed within a timely manner 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. Timeframes and deadlines for completing such complaints are outlined in the policies. The time for filing may be extended by the Superintendent or the Superintendent’s designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complaint.
The compliance officer may informally discuss with all the parties the possibility of using mediation within three business days after his or her receipt of the complaint. 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, 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. Unless extended by a written agreement with the complainant, the Compliance Officer shall issue a written decision based on the evidence within 60 calendar days from receipt of the complaint by the Mammoth Unified School District.
Any complainant who is dissatisfied with the final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving the decision. Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of 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.
Time Period for Filing Complaint Alleging Unlawful Discrimination
A complaint alleging unlawful discrimination shall be initiated no later than six months from the date when
the alleged discrimination occurred, or six months from the date when the complainant first obtained
knowledge of the facts of the alleged discrimination (5 CCR§ 4630).
Requests for Extension of Time to File Discrimination Complaint
The time for filing a complaint alleging unlawful discrimination may be extended by the District and/or County, upon written request by the complainant setting forth the reasons for the extension. The District and/or County shall respond immediately upon receipt of a request for extension. If the District and/or the county determines that there is good cause to grant an extension. He or she may extend complainants time for following for a period not to exceed 90 days following the expiration of the six months’ time period. Any extension granted by the District and/or County shall be made in writing (5 CCR§ 4630).
Student Rights Pursuant to Education Code Section 221.8
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
- 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, and extracurricular activities, including athletics.
- You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
- You have the right to apply for athletic scholarships.
- 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
- You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
- You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
- 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.
- 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.
Resources
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100