Title IX

Title IX – Sex-Based Discrimination is Prohibited

What is Title IX?

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex- based discrimination in all educational 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 the Mendocino County Office of Education, hereinafter referred to as “County Office(s)”. Title IX protects all participants in the County Office’s educational programs and activities, including students, parents, employees, and job applicants. The County Office does not discriminate on the basis of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.

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. Please refer to:

  • Board Policy 5145.07(a) – see BR 5145.07 ‘Sexual Harassment Policy / Complaints’
  • Board Policy 0410 – ‘Nondiscrimination’
  • Board Policy 1312 – see BR1312.01 – ‘Uniform Complaint Procedures for Discrimination and St/Fed Regulations Concerns’
  • Board Policy 4144.00 – see BR 4144.00 ‘Complaints Concerning Employees’

Student Specific:

  • Board Policy 5145.03 – ‘Nondiscrimination’
  • Board Policy 5145.07a / Superintendent Policy 5202.00 / Superintendent Resolution 5202.01 – ‘Sexual Harassment’
  • Board Resolution 5145.05 / BE 5145.05c – ‘Bullying, Intimidation and/or Harassment’

Employee Specific:

  • Superintendent Policy 4030.00 – ‘Nondiscrimination in Employment’
  • Superintendent Policy 4040.00 – ‘Sexual Harassment’
  • Superintendent Resolution 1312.01 – ‘Uniform Complaint Procedures’

Title IX information provided here applies to every school site and to all County Office programs and activities.

What are my rights under Title IX?

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

  • 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 County Office personnel as to the athletic opportunities offered by the school.
  • You have the right to apply for athletic scholarships if the County Office offers any.

Who is the Title IX Coordinator?

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

DONNA WALTER, TITLE IX COORDINATOR
Mendocino County Office of Education
2240 Old River Road
Ukiah, California 95482
Phone: (707) 467-5012
Email: dwalter@mcoe.us

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 under the County Office’s Uniform Complaint Procedure by sending a complaint to:

DONNA WALTER, TITLE IX COORDINATOR
Mendocino County Office of Education
2240 Old River Road
Ukiah, California 95482
Phone: (707) 467-5012
Email: dwalter@mcoe.us

Click here for the Uniform Complaint Procedure.

If you need assistance putting your complaint in writing, please contact Donna Walter at dwalter@mcoe.us. You may file a complaint anonymously, but the County Office’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
Phone: (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 County Office at (707) 467-5012.

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 Superintendent or designee may extend this timeline by up to ninety (90) days for good cause, upon written request by the complainant setting forth the reasons for the extension.

How will a complaint be investigated?

Complaints filed under the County Office’s Uniform Complaint Procedure will be investigated and a decision made within sixty (60) calendar days of the County Office’s receipt, unless the complainant agrees to an extension. The County Office’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 County Office’s compliance officer periodically will inform the parties of the status of the investigation. The complainant will be notified when a decision is made.

Complaints that are not filed under the County Office’s Uniform Complaint Procedure will be investigated and decided pursuant to the applicable procedure.

What happens when the investigation is complete?

For complaints filed under the Uniform Complaint Procedure, the compliance officer will prepare and send a final written decision to the complainant and respondent, if any, within sixty (60) calendar days of the County Office’s receipt of the complaint (unless this deadline is extended by mutual agreement).

The complainant or respondent may appeal the County Office’s decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the County Office’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the County Office and a copy of the County Office’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 (60) 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 County Office will take appropriate corrective action.

How do I get more information?

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

STAFF

Inland Office

Donna Walter, Manager

Human Resources

Phone: (707) 467-5012

Fax: (707) 462-0377

Email: dwalter@mcoe.us