Student Rights under Title IX

  • 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 it knows or reasonably should know of a
    possible Title IX violation.

    Title IX Coordinators

    In the event of a complaint regarding gender equity or sexual harassment, or discrimination,
    including harassment, intimidation and bullying because of actual or perceived disability, sex,
    gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion,
    sexual orientation, age, marital or parental status, or association with a person or group with one or
    more of these actual or perceived characteristics, contact our Title IX Coordinator:
    Assistant Superintendent, Education Services (lead) or Assistant Superintendent,
    Human Resources, or Director of Student Services
    1900 W. Olive Avenue
    Burbank, CA 91506
    (818)729-4400
    JohnParamo@burbankusd.org
    SarahNiemann@burbankusd.org
    StacyCashman@burbankusd.org

    Filing a Title IX Complaint with the District

    Student complaints shall be submitted in written form in accordance with Board Policy 1312.1 -
    Uniform Complaint Procedures. If the complainant is unable to prepare the complaint in writing,
    administrative staff shall help him/her to do so.

    Complaints must be filed within six months 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. The time for filing may be
    extended up to 90 days 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.

    All complaints shall be appropriately investigated in a timely manner. Within 10 business days after
    the compliance officer receives the complaint, the compliance officer, or designee, shall begin an
    investigation into the complaint. The investigation shall include an opportunity for the complainant,
    or the complainant’s representative, or both, to present the compliance officer, or designee, with any
    evidence, or information leading to evidence, to support the allegations in the complaint. The District
    shall issue a written decision based on the evidence within 60 calendar days from receipt of the
    written complaint by the District.

    Any complainant who is dissatisfied with the District’s final written decision may file an appeal in
    writing with the California Department of Education within 15 calendar days of receiving the
    District’s 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.

    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. Sec. 1681 et seq.), may be
    used by the department for purposes of Section 221.6:

    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.

    Additional Resources


    • United States Department of Education Office for Civil Rights
    https://www2.ed.gov/about/offices/list/ocr/index.html
    • United States Department of Education Office for Civil Rights Complaint Form
    https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf
    Contact Information: 1-800-421-3481 or ocr@ed.gov
    • California Department of Education’s Office for Equal Opportunity
    http://www.cde.ca.gov/re/di/or/oeo.asp
    • Uniform Complaint Procedures – Board Policy 1312.1
    http://www.gamutonline.net/district/glendora/PolicyCategoryList/2484/1