Title IX, Nondiscrimination & Sexual Harassment Policies

We are in the process of reviewing and revising our Title IX policy and practices. As always, if you want to report a sexual harassment incident, please reach out to our Title IX Coordinator, Jennifer Handy, Ed.D., at 602 Orchard Street, Arroyo Grande, California, 93420. 805-474-3000 ext 1190.  [email protected]

Education Code 230: harassment and other discrimination on the basis of sex include, but are not limited to, the following practices: (a) On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity

 

Full Education Code 230 can be found here: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=230.

 

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 an overview of all LMUSD’s nondiscrimination policies and the following specific policies and procedures regarding sexual harassment:

 

Student Harassment Policies

 

The Governing Board 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, national origin, nationality, ethnicity, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, or gender expression or association with a person or group with one or more of these actual or perceived characteristics.

 

Board Policies can be found below:

BP/AR 5145.3 - Nondiscrimination/Harassment

BP/AR 5145.7 - Sexual Harassment

Information provided here applies to every LMUSD school site and all LMUSD programs and activities.

 

Pupil and Public Rights Under Title IX

• 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 have access to a sex/gender equity coordinator, referred to as the Title IX Coordinator (find contact information below), 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.)

 

• 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.

 

 

Title IX Coordinator

LMUSD’s Title IX Coordinator oversees compliance with Title IX requirements and promotes sex equity in LMUSD programs.

Title IX Coordinator:  Jennifer Handy, Ed.D.
602 Orchard Street, Arroyo Grande, California, 93420.         
805-474-3000 ext 1190.  [email protected]

504 Coordinator

504 Coordinator:  Linda Pierce
227 Bridge Street, Arroyo Grande, California, 93420.         
805-474-3000 ext 1189.  [email protected]

 

Filing a Complaint

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 days for good cause, upon written request by the complainant setting forth the reasons for the extension.

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 LMUSD’s Uniform Complaint Procedure by sending a complaint to LMUSD’s Title IX Coordinator:

Jennifer Handy, Ed.D. at 602 Orchard Street, Arroyo Grande, California, 93420. 805-474-3000 ext 1190.  [email protected]

Download appropriate form below:

• LMUSD Complaint Form - Employee vs. Employee
• LMUSD Complaint Form - Public (Spanish)
• LMUSD Complaint Form Concerning Instructional Materials
• LMUSD General Complaint Form - Public
• LMUSD Williams Complaint Form 

 

If you need assistance putting your complaint in writing, please contact Human Resources at 805-474-3000 or [email protected].  For general information you may also email [email protected].

 

You may file a complaint anonymously, but LMUSD’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: [email protected]

For information about how to file other types of complaints and the procedures for those complaints, please contact LMUSD’s Title IX coordinator.

 

 

How LMUSD Investigates Complaints

Complaints filed under LMUSD’s Uniform Complaint Procedure will be investigated and a decision made within sixty calendar days of the LMUSD’s receipt, unless the complainant agrees to an extension. LMUSD’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, LMUSD’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 LMUSD’s Uniform Complaint Procedure will be investigated and decided pursuant to the applicable procedure.

What Happens After the Investigation

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) working days of LMUSD’s receipt of the complaint (unless this deadline is extended by mutual agreement).

 

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

 

Learn More

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

Jennifer Handy, Ed.D.

602 Orchard Street, Arroyo Grande, California, 93420.         
805-474-3000 ext 1190.  [email protected]