Equity, Nondiscrimination, & Title IX

What is Title IX?  

Title IX of the Education Amendments Act of 1972 (Title IX) provides that 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 educational program or activity receiving federal financial assistance.  Title IX protects all participants in the District’s educational programs and activities, including students, parents, employees, and job applicants.   

The District does not discriminate on the basis of sex.  Key areas addressed by Title IX include athletics; sexual misconduct, including sexual harassment and sexual violence; pregnant and parenting students; off-campus activities; recruitment and admission; and employment.  Schools must protect against discrimination in these areas.  Schools must also prohibit retaliation against any person for opposing an unlawful practice or policy, or filing, testifying about, or participating in any complaint under Title IX.  Any inquiries about the application of Title IX, this notice, and who is protected by Title IX may be referred to the District’s Title IX Coordinator, Sal Reynoso, or to the Assistant Secretary for Civil Rights from the United States Department of Education, or both.   

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

What is Sexual Harassment under Title IX? 

“Sexual harassment” is conduct, on the basis of sex, that satisfies one or more of the following: 

1. A District employee conditioning the provision of an aid, benefit, or service of the District on the student’s participation in unwelcome sexual conduct; 
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the student equal access to the District’s education program or activity; or 

3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(11), “domestic violence” as defined in 34 U.S.C. 12291(a)(12), or “stalking” as defined in 34 U.S.C. 12291(a)(36) 

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

• 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 District personnel as to the athletic opportunities offered by the school. 
• You have the right to apply for athletic scholarships if the District offers any. 
• 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 District:   
• 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. 
• You have the right to have access to a sex/gender equity coordinator, referred to as the Title IX Coordinator, to answer questions regarding sex/gender equity laws. 
• You have the right to contact the California Department of Education and the California Interscholastic Federation (CIF) 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 (OCR) 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.)  

The District has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence.  If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects.  The District must resolve complaints of sex discrimination promptly and equitably.  Information on filing a complaint alleging sex-based discrimination is below. 

For more information specific to anti-discrimination, or if you believe you have been subjected to or witness to sex-based discrimination, harassment, intimidation, or bullying, please contact the Title IX Coordinator. 

Learn more about your rights under Title IX: 

Visit the website of the United States Department of Education Office for Civil Rights.   

United States Department of Education Office for Civil Rights Contact Information: 1-800-421-3481 or ocr@ed.gov. 

 Visit the California Department of Education’s websites on Equal Opportunity & Access and Gender Equity/Title IX.   

Who is the Title IX Coordinator? 

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

Training Materials 

Materials used to train the District’s Title IX Coordinator, investigator(s), decision-maker(s), appeals officer(s), and any person who facilities an informal resolution process are available at the District office upon request.   
 

In addition to Title IX, the California Education Code prohibits discrimination on the basis of sex and any other protected class in schools.  (California Education Code §§ 220-221.1.)  Other state and federal laws also prohibit discrimination and ensure equality in education.  Please refer to the SMJUHSD’s board policy and administrative regulations below for more information on the District’s anti-discrimination policies. 

Board Policy: 
BP 0410 Nondiscrimination in District Programs and Activities 
BP 4030 Nondiscrimination in Employment 
BP 5145.3 Nondiscrimination/Harassment 

Administrative Regulations: 
AR 4030 Nondiscrimination in Employment 
AR 5145.3 Nondiscrimination/Harassment 

Board Policy: 
BP 4119.11 Sexual Harassment  

Administrative Regulations: 
AR 4119.11 Sexual Harassment  

Sexual Harassment (Students) 

The Board of Trustees is committed to maintaining a safe school environment that is free from harassment and discrimination.  In addition to Title IX, as described above, the California Education code and District policy similarly prohibits discrimination against its students.  

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 District’s Uniform Complaint Procedure by sending a complaint to the Discrimination, Equity, and Title IX Compliance Officer identified below. 

For Title IX complaints of sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), complaints may be filed in person, by mail, by telephone or by e-mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.  Such reports may be made at any time, including during non-business hours, by using the telephone number or e-mail address, or by mail to the office address, listed for the Title IX Coordinators. 

If you need assistance putting your complaint in writing, please contact the District by calling the District Human Resources Division at (805) 922-4573. You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information. 

For information about how to file other types of complaints and the procedures for those complaints, please contact the District Office at (805) 922-4573. 

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

How will a complaint be investigated? 

The District will process all complaints in accordance with the appropriate and applicable District Board Policy (“BP”) and Administrative Regulation (“AR”). 

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

Board Policy: 

BP 1312.3 – Uniform Complaint Procedures 
BP 4030 – Nondiscrimination in Employment 
BP 4119.11 – Sexual Harassment 
BP 5145.7 – Sexual Harassment 
 
Administrative Regulation: 

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 60 calendar days of the District’s receipt of the complaint (unless this deadline is extended by written agreement of the complainant).  

The complainant may appeal the District’s decision within thirty calendar days to the California Department of Education.  The appeal shall be sent to CDE with a copy of the District’s investigation report for that complaint.  The complainant shall specify and explain the basis for the appeal, including at least one of the following: (1) The District failed to follow its complaint procedure, (2) Relative to the allegations of the complaint, the District’s investigation report lacks material findings of fact necessary to reach a conclusion of law, (3) The material findings of fact in the District’s investigation report are not supported by substantial evidence, (4) The legal conclusion in the District’s investigation report is inconsistent with the law, or (5) In a case in which the District found noncompliance, the corrective actions fail to provide a proper remedy.  For more information, see AR 1312.3 – Uniform Complaint Procedures or visit the California Department of Education’s webpage on Uniform Complaint Procedures.  

For Title IX complaints, a final determination regarding responsibility will be made and issued to both parties.  Under Title IX and District policy, the responding party is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the end of the complaint process.  Any party not satisfied with the final determination will have the option to appeal the final determination, as detailed in the applicable AR. 

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 discrimination?”   

If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.   

How do I get more information? 

For more information regarding Title IX and sex equity in education or in District employment, please visit the district’s Human Resources website, contact the District’s Title IX Coordinator, or go to the Office of Equal Opportunity.  

Filing a Complaint 

The District takes your concerns seriously and has provided these resources to assist you in determining how to file a complaint. The District encourages the early resolution of complaints at the school site level whenever possible and permissible under the law. If a parent/guardian has a concern or wishes to make a complaint, they may contact the principal at their student's school or the Discrimination, Equity, and Title IX Compliance Officer. Please see the school directory for phone numbers of each school site. Alternatively, complaints may be sent directly to the District’s  Discrimination, Equity, and Title IX Compliance Officer, Sal Reynoso. 

If you have additional questions or are not satisfied with the resolution offered by the principal at your student’s school, please contact Sal Reynoso, Discrimination, Equity, and Title IX Compliance Officer. 

Complaints Against School, Office or Employee 

Employee Complaint Form (English) 

Employee Complaint Form (Spanish) 

The UCP process may be used to investigate and resolve complaints regarding the following programs and activities: accommodations for pregnant and parenting students; adult education programs; after-school education and safety programs; career technical and technical education and career technical and technical training programs; child care and development programs; compensatory education; consolidated categorical aid programs; discrimination, harassment, intimidation, and/or bullying in district programs and activities; student fees; failure to comply with education and graduation requirements for students in foster care, homeless students, students from military families, students formerly in a juvenile court school, migrant students, and immigrant students participating in a newcomer program; course periods without educational content, when students in grades 9-12 are assigned to such courses more than one week in any semester or in a course the student has previously satisfactorily completed, unless specified conditions are met; reasonable accommodations for lactating students; Every Student Succeeds Act; migrant education; physical education instructional minutes; regional occupational centers and programs; school plans for student achievement as required for the consolidated application for specified federal and/or state categorical funding; school safety plans; school site councils as required for the consolidated application for specified federal and/or state categorical funding; any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy; any other state or federal educational program the Superintendent of Public Instruction or designee deems appropriate; and/or Local Control and Accountability Plan (LCAP). 

Complainants are encouraged to attempt resolution of their complaints directly at the school site or work site, if possible. Complainants should contact the principal or lead administrator at the school site or work location to make a complaint or discuss a concern.  

Any individual, public agency, or organization may file a written complaint alleging a matter which, if true, would constitute a violation by the District of federal or state laws or regulations governing the programs and activities as well as allegations of unlawful discrimination identified above. UCP complaints are to be submitted in writing to:  

BP 1312.3 Uniform Complaint Procedures 

Administrative Regulation: 

AR 1312.3 Uniform Complaint Procedures 

Forms 

Uniform Complaint Procedures Form (English) 

Uniform Complaint Procedures Form (Spanish) 

Brochures 

2017 UCP BROCHURE (ENGLISH) 

Education Code Section 35186 created a procedure for the filing of complaints concerning deficiencies related to textbook and instructional materials, emergency or urgent conditions of facilities that pose a threat to the health and safety of students and staff, and teacher vacancy or misassignment. The complaint and response are public documents as provided by statute. Complaints may be filed anonymously. 

Administrative Regulation 

AR 1312.4 Williams Uniform Complaint Procedures 

Complaint Forms 

Williams Complaint Form (English) 

Williams Complaint Form (Spanish) 

Classroom Posting 

Williams Classroom Posting (English) 

Williams Classroom Posting (Spanish) 

The Board of Trustees is committed to providing equal opportunity for all individuals in education. District programs, activities, and practices shall be free from unlawful discrimination, including discrimination against an individual or group based on race, color, ancestry, nationality, national origin, ethnic group identification, ethnicity, immigration status, age, religion, marital, pregnancy, or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. 

Board Policy: 

BP 0410 Nondiscrimination in District Programs and Activities 

The Board of Trustees 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, immigration status, ethnicity, ethnic group identification, age, religion, marital status, pregnancy or parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or association with a person or group with one or more of these actual or perceived characteristics. 

Board Policy: 

BP 5145.3 Nondiscrimination/Harassment 

Administrative Regulation: 

AR 5145.3 Nondiscrimination/Harassment  

The Santa Maria Joint Union High School District believes that all students have a right to a safe and healthy school environment and will not tolerate behavior that infringes on the safety of any student. The district recognizes the harmful effects of bullying on student learning and school attendance and desires to provide safe school environments that protect students from physical and emotional harm. District employees shall establish student safety as a high priority and shall not tolerate bullying of any student. 

Board Policy: 

BP 5131.2 Bullying  

The Board of Trustees is determined to provide district employees and job applicants a safe, positive environment where they are assured of full and equal employment access and opportunities, protection from harassment or intimidation, and freedom from any fear of reprisal or retribution for asserting their employment rights in accordance with law.  The Board prohibits district employees from discriminating against or harassing any other district employee or job applicant on the basis of the person's actual or perceived race, religious creed, color, national origin, ancestry, age, marital status, pregnancy, physical or mental disability, medical condition, genetic information, military and veteran status, gender, gender identity, gender expression, sex, or sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. 

Board Policy: 

BP 4030 Nondiscrimination in Employment  

Administrative Regulation: 

AR 4030 Nondiscrimination in Employment  

Title IX of the Education Amendments of 1972 (Title IX) is most commonly associated with its application to athletic opportunities. However, Title IX applies to all District schools and it prohibits discrimination in all educational programs and activities, not just athletics. Athletic programs are considered educational programs and activities. 

Title IX provides female athletes the right to equal opportunities in athletics.  The District is committed to providing equal opportunities and benefits to all of its student-athletes. 

The District’s Title IX Compliance Officer is Sal Reynoso, Director of Certificated Human Resources. To file a complaint with the District regarding Title IX, please contact Mr. Reynoso. 

2560 Skyway Drive 
Santa Maria, CA 93455 
(805) 922-4573 
sreynoso@smjuhsd.org  

For more information regarding Title IX or to file a Title IX complaint directly with the U.S. Department of Education Office of Civil Rights, please contact the Office for Civil Rights or the Office of Equal Opportunity.