Title IX

Title IX Notification

(Pursuant to Education Code section 221.61)

 
1. Policy against Discrimination Based on Sex

The Lincoln Unified School District is committed to providing educational programs, activities and services that are free from unlawful discrimination based on actual or perceived legally protected characteristics, or association with a person or group with one or more of such characteristics, including sex, sexual orientation, gender, gender identity, and gender expression, as required by Title IX of the Education Amendments of 1972. The District’s nondiscrimination/harassment policies are found at Board Policy 4030, http://www.boarddocs.com/ca/lusdca/Board.nsf/goto?open&id=86P8P97758EA and 5145.3 at http://www.boarddocs.com/ca/lusdca/Board.nsf/goto?open&id=8XGMPP5C326C. The requirement not to discriminate in the education program or activity extends to employment.

2. The name and contact information of the Title IX coordinator


Michele Tatum, Associate Superintendent Human Resources
Lincoln Unified School District
2010 W. Swain Road
Stockton CA 95207
(209) 953-8700
mtatum@lusd.net

3. Summary of the Rights of Pupils and/or the Public (including Employees) (Education Code section 221.8)

      (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 for 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.

A. For more information regarding student, parent/guardian, employee, or public rights under Title IX, please visit:
The California Office of Equal Opportunity at http://www.cde.ca.gov/re/di/eo/genequitytitleix.asp.

The United States Department of Education Office for Civil Rights at https://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html.

4. The School’s Responsibilities

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex within federal funded education institutions. Thus, all educational programs and activities must be operated free from discrimination. Key areas addressed by Title IX include: recruitment, admissions, counseling; financial assistance; athletics; sex-based harassment and violence; treatment of pregnant and parenting students; discipline; off-campus activities, single-sex education; and employment. Education institutions must protect against discrimination in these areas. Also, a recipient may not retaliate against any person for opposing an educational practice or policy made unlawful under Title IX, filing a complaint under Title IX, or testifying or participating in any complaint action under Title IX. These protections apply to all applicants for admission and employment, students and parents or guardians of elementary and secondary school students, and employees.


For more information about the school’s responsibilities under Title IX, please visit:
      1) The California Office of Equal Opportunity at:
           http://www.cde.ca.gov/re/di/eo/titleixnotification.asp

          The United States Department of Education Office of Civil Rights at:
           https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html

5. How to File a Title IX Complaint

Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the Lincoln Unified School District or the Office for Civil Rights (“OCR”). If a crime is involved, such as sexual assault or rape, individuals may also file a report with the local police department. A person may pursue one or all of these avenues at the same time. Below is a summary of each process.

A. District Complaint
Individuals may file a complaint as follows:

Title IX complaints may be filed using the District’s uniform complaint procedure, Board Policy 1312.3, http://www.boarddocs.com/ca/lusdca/Board.nsf/goto?open&id=95SPYB66E00B.

Any individual, public agency or organization may file a written complaint of alleged noncompliance by the district. Complaints alleging unlawful discrimination, harassment, intimidation, or bullying may be filed by a person who alleges that he/she personally suffered unlawful discrimination, harassment, intimidation or bullying or by a person who believes that an individual or any specific class of individuals has been subjected to unlawful discrimination harassment, intimidation, or bullying. The complaint must be initiated no later than six months from the date when the alleged discrimination occurred or when the complainant first obtained knowledge of the facts of the alleged discrimination. (5 CCR 4630)

The complaint shall be presented to the compliance officer who shall maintain a log of complaints received, providing each with a date stamp.

If a complainant is unable to put a complaint in writing due to conditions such as illiteracy or other disabilities, district staff shall help him/her to file the complaint. (5 CCR 4600)

      1. Time Requirement
A complaint with the District must be filed within six months of the discrimination occurring or of your awareness of the discrimination (5 CCR 4630(b)).
If you have any questions about this time limit, or if you believe your complaint may be outside this time requirement but want to explore other options, please contact the Title IX Coordinator.

      2. Investigation Procedure

Upon receipt of any complaint related to a potential Title IX violation, the District will ensure every allegation is investigated promptly, adequately and impartially. The District will also take steps to protect all complainants from retaliation and ensure all parties are treated fairly throughout the District’s investigation process. As part of its Title IX obligations, the District also takes steps to prevent recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. The District’s procedure for investigating a Title IX complaint can be found at Board Policy 1312.3, http://www.boarddocs.com/ca/lusdca/Board.nsf/goto?open&id=95SPYB66E00B
and Administrative Regulation1312.3, https://www.boarddocs.com/ca/lusdca/Board.nsf/Public#

Please contact the Title IX Coordinator, as identified above, if you have any questions.

B. OCR Complaint
​     1. Filing a Complaint

To file a Title IX complaint, you can go to the following OCR website which will guide you through the complaint filing process: https://ocrcas.ed.gov/

In summary, the OCR complaint form requires the name of the person subjected to the alleged Title IX violation, the name of the person filing the complaint, the name of the education institution, a description of the alleged Title IX violation, a report of any retaliation suffered by the person filing the complaint, the date of the last act that violated Title IX, and any attempt to address the alleged violation through another avenue, including the education institution’s internal grievance procedure or a court filing. Note that anyone may file a complaint with OCR.
The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group.

For more information regarding the complaint filing process, please see:
https://www2.ed.gov/about/offices/list/ocr/complaintintro.html

      2. Time Requirement
OCR requires that the complaint be filed within 180 calendar days after the alleged violation. As set forth in OCR’s complaint form, the reporter can request a waiver of this requirement by explaining why the complaint was delayed. Please contact OCR, or visit the websites above, if you have any questions or concerns about this time requirement.

      3. Investigation Procedure
Upon receipt of any complaint related to a potential Title IX violation, OCR first determines if it can investigate the incident by determining if the alleged action constitutes a violation of Title IX. OCR also assesses whether the complaint was filed within the 180 day requirement or provides a legitimate reason to waive this requirement. OCR may also seek more information from the person filing the complaint if needed to further assess the complaint.

If OCR determines that it will investigate the complaint, it will issue letters of notification to the complainant and the education institution. OCR may use a variety of fact-finding techniques in its investigation of a complaint. These techniques may include reviewing documentary evidence submitted by both parties, conducting interviews, and/or site visits. At the conclusion of its investigation, OCR will determine with regard to each allegation whether the education institution failed to comply with Title IX. If the complainant disagrees with OCR’s determination, he/she may submit a written appeal to OCR.

For information regarding OCR’s investigation process, please see:
https://www2.ed.gov/about/offices/list/ocr/complaints-how.html

      4. Contact Information for OCR
OCR provides an online complaint filing system at:
https://ocrcas.ed.gov/

OCR can be contacted at OCR@ed.gov or 800-421-3481.

OCR can also be contacted at through the California regional office at:
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
Telephone: 415-486-5555
Email: ocr.sanfrancisco@ed.gov

C. Police Report
To file a police report, please contact local law enforcement at:
Stockton Police (209) 937-8377
Stockton Sheriff (209) 468-4400