Human Resources » Equity, Title IX and Nondiscrimination

Equity, Title IX and Nondiscrimination

The Edison Elementary School District is committed to providing an environment that is free from discrimination, harassment, intimidation, retaliation, and bullying consistent with federal and state nondiscrimination laws. Pursuant to law and District policy, all individuals participating in District programs and activities shall be afforded equal rights and opportunities regardless of actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital or parental status, pregnancy, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, genetic information, homelessness, foster status, or association with a person or group with one or more of these actual or perceived characteristics.

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. 

 

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.  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 District.  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.  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 the Edison’s board policy and administrative regulations below for more information on the District’s anti-discrimination policies.
 

Definition of Sex Discrimination and Harassment

Under Title IX and California law, discrimination and harassment based on sex includes the following:

  • Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:
    • An employee of the District conditioning the provision of an aid, benefit, or service on an individual's participation in unwelcome sexual conduct (quid pro quo);
    • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or activity; or
    • Sexual assault, dating violence, domestic violence, or stalking as defined by federal law.
  • Sex Discrimination includes any distinction, exclusion, restriction, or preference based on a person's sex, gender, gender identity, or gender expression that has the effect of denying or limiting a person's equal access to educational programs or activities.

For the complete federal definition of sexual harassment under Title IX, see: 34 C.F.R. § 106.30

For California's definition of sexual harassment, see: California Education Code § 212.5

 
Board Policy:
 
 
 
 

Administrative Regulations:

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

What are my rights under Title IX?

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.
You have the right to contact the State Department of Education 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.) 
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, including contact information for the District’s Title IX Coordinator.
For more information specific to anti-discrimination in District employment, please contact the Title IX Coordinator.
 

How Title IX Complaints Are Investigated and Further Pursued

When the District receives a formal Title IX complaint, it will respond in accordance with its Title IX grievance procedures, which include the following steps:

  • Notice: Upon receipt of a formal complaint, the District will provide written notice to both the complainant and respondent of the allegations, the grievance process, and the parties' rights.
  • Investigation: A trained investigator will conduct a prompt, thorough, and impartial investigation. Both parties will have an equal opportunity to present evidence and witnesses. The investigation will gather all relevant evidence, both inculpatory and exculpatory.
  • Review of Evidence: Prior to completion of the investigation report, both parties will have the opportunity to review and respond to the evidence gathered.
  • Determination: A Decision Maker who is separate from the investigator and Title IX Coordinator will make a written determination of responsibility based on the preponderance of the evidence standard.
  • Appeal: Both parties have the right to appeal the determination on the grounds of procedural irregularity, newly discovered evidence, or conflict of interest or bias by the Title IX Coordinator, investigator, or Decision Maker.
  • Remedies: If a respondent is found responsible, the District will provide remedies designed to restore or preserve equal access to the District's educational programs and activities.

If you are not satisfied with the District's resolution of your Title IX complaint, you may file a complaint with the U.S. Department of Education Office for Civil Rights or the California Department of Education. See the complaint information below.

For the District's complete Title IX grievance procedures, see AR 5145.7 – Sexual Harassment.

 

Filing a Title IX Complaint

With the District

To file a formal Title IX complaint with the Edison Elementary School District, contact the Title IX Coordinator in writing. A formal complaint must be filed while the complainant is participating in or attempting to participate in the District's educational programs or activities, or by a parent or guardian on behalf of a minor.

 

With the Office for Civil Rights (OCR)

You may also file a Title IX complaint directly with the U.S. Department of Education's Office for Civil Rights (OCR):

 

Filing deadline: OCR complaints must generally be filed within 180 calendar days of the last act of discrimination. However, OCR may extend this deadline if you can show good cause for the delay, such as:

  • You were not aware of the discriminatory act until after the deadline had passed
  • You were pursuing a grievance through the institution and the process was not completed within the 180-day period
  • Other circumstances prevented you from filing within the deadline

If you believe you have good cause for filing beyond the deadline, you should still submit your complaint to OCR and explain the reason for the delay. OCR will consider requests for extensions on a case-by-case basis.

 

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. 

Title IX Coordinator - Tristan Sheehan - [email protected]

Investigator - David Lawson

Decision Maker - Tyler Hemingway

Informal Resolution Facilitator - Desiree Kindig & Eric Rumbo

Appeal Decision Maker - Dr. Jairo Arellano

11518 School St.  Bakersfield, CA 93307

(661) 363-5394

Title IX Regulations Role Training