Sexual Harassment Or Discrimination
The Vacaville Unified School District maintains a uniform complaint procedure for investigating complaints of:
(1) Discrimination, including discriminatory harassment, intimidation, or bullying on the basis of actual or perceived characteristics of age, sex, sexual orientation, ethnic group identification, race, ancestry, nationality, national origin, religion, color, or mental or physical disability, gender, gender identity, gender expression, or any other characteristic identified in Education Code 200 or 220, Penal Code 422.55, or Government Code 11135, or based on association with a person or group with one or more of these actual or perceived characteristics, including retaliation
(2) Violations of the laws and regulations governing consolidated categorical aid programs, Adult Education, Career/Technical Education, Child Development, Special Education and Nutrition services, or Federal and State Categorical Programs (No Child Left Behind, Title 1, McKinney-Vento, English Language Learners, Foster Youth, other programs) and the prohibition against requiring students to pay fees, deposits, or other charges for participating in educational activities. Any individual, public agency or organization may file a written complaint of noncompliance.
List Of Rights
EDUCATION CODE 221.8.
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:
- 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 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 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
- 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
(Added by renumbering Section 271 by Stats. 2015, Ch. 43, Sec. 3. (AB 1538) Effective January 1, 2016.)
Statute Of Limitations
A complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation or bullying) must be filed not later than six months from the date it occurred, or six 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 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.
Complaint Process
Students, employees, parents, or guardians may report conduct that may constitute Title IX sexual harassment directly to the District’s Title IX Coordinator in Student Attendance and Welfare (Student Reports/Complaints) or Human Resources (Employee Reports/Complaints). The parties are entitled to a prompt, fair, and equitable resolution of their concerns.
Title IX Required Notices
The District shall not discriminate on the basis of sex in any education program or activity that it operates. The prohibition against discrimination on the basis of sex is required by Title IX of the Education Amendments of 1972 and implementing regulations (Title IX), (20 USC 1681-1688; 34 CFR Part 106), and extends to admission and employment. The district also prohibits retaliation against any person for filing a complaint or exercising any right granted under Title IX.
Resources
California Education Code, Section 221.8
AR 5145.71
AR 4119.12
U.S. Department of Education's Office for Civil Rights