TITLE IX INFORMATION

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What is Title IX?

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that states:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

KIPP SoCal Schools does not discriminate on the basis of sex, gender, or sexual orientation in our schools. Title IX of the Education Amendments of 1972 prohibit discrimination on these bases in our schools. Title IX protects all female, male, transgender or nonconforming students and team members in any educational entity that receives federal funds. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation.

Discrimination on the basis of sex can include sexual harassment and sexual violence. Sexual harassment includes verbal, visual or physical conduct of a sexual nature which may have a negative impact upon the victim’s academic or work performance or creates an intimidating, hostile, or offensive educational/work environment.

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.

Who is the Title IX Coordinator for KIPP LA Schools?

Cesely M. Westmoreland, Esq., General Counsel, KIPP SoCal Public Schools
3601 East First Street | Los Angeles, CA 90063
Phone: (213) 489-4461
Fax: (213) 489-4471
Email: cwestmoreland@kippsocal.org

Where can I find information on student and public rights and the responsibilities of the public school under Title IX?

Information can be found at the following sites:

Rights Accorded Under California Education Code Section 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:

(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 (if the school offers any).

(e) You have the right to receive equitable treatment and benefits in the provision of all of the following (related to athletics, if any are provided by the school):

(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.

How may I file a discrimination complaint?

Any student, parent, guardian, team member, individual, public agency or organization may file a written complaint alleging a violation by KIPP SoCal Public Schools of federal or state laws or regulations governing the programs and activities, as well as allegations of discrimination, harassment, intimidation, and/or bullying, under the KIPP SoCal’s Uniform Complaint Procedure.

You may file a complaint with KIPP SoCal’s Title IX Coordinator:

Cesely M. Westmoreland, Esq., General Counsel, KIPP SoCal Public Schools
3601 East First Street | Los Angeles, CA 90063
Phone: (213) 489-4461
Fax: (213) 489-4471
Email: cwestmoreland@kippsocal.org

A complaint may be filed anonymously, but the school’s ability to investigate and respond may be limited by lack of information.

You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights:

San Francisco 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
United States Department of Education Office for Civil Rights Complaint Form

For more information, visit the Office for Civil Rights Website. The electronic complaint form for the Office for Civil Rights is available online.

Is there a statute of limitations for filing an alleged incident of harassment or discrimination?

Any parent, guardian, individual, organization has the right to file a written complaint of discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic within six months from the date the alleged incident occurred or the complainant first obtained knowledge of the facts of the alleged incident.

The timeline for filing a complaint of discrimination, harassment, intimidation, and/or bullying can be extended by Title IX Coordinator or designee, upon written request by the explaining the reasons for the extension. All extension requests to the Title IX Coordinator or designee shall be made in writing. The period for filing may be extended by the Title IX Coordinator or designee for a period not to exceed 90 days following the expiration of the six month time period. The Title IX Coordinator shall respond appropriately upon a receipt for extension. How are discrimination complaints investigated? All complaints filed to KIPP SoCal are conducted pursuant to its Uniform Complaint Procedures (UCP) policy. KIPP SoCal’s Title IX Coordinator will timestamp new complaints of discrimination, harassment, intimidation, and/or bullying when received and will provide an acknowledgment letter framing the allegations under the jurisdiction of the UCP and referring a complainant to appropriate offices and resources for issues not covered under UCP jurisdiction.

Under KIPP SoCal's UCP policy, KIPP SoCal has sixty (60) calendar days from receipt of the complaint to investigate the complaint and to send a letter with findings to relevant parties. During the investigative process, KIPP SoCal shall contact complainant and other applicable parties to request documents and information. KIPP SoCal will provide an opportunity for the complainant to present evidence or information to support his/her allegations. KIPP SoCal ensures that, within 60 days of receipt of the written complaint, the complaint has been resolved and/or investigated and that a written report of findings is issued to the complainant. If the TItle IX Coordinator finds that a complaint has merit, the school will take appropriate corrective action.

The complainant may appeal the School’s decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the School’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the School and a copy of the School’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.)