TITLE IX

A complaint is as an oral or written request to the district to investigate alleged sex discrimination. An individual may report information or make a complaint about sex discrimination to the Title IX Coordinator. 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 MCOE's Uniform Complaint Procedure by sending a complaint to MCOE's Title IX Coordinator (contact information listed above).

Marin County Office of Education Uniform Complaint Form

There is no time limit on making a Title IX complaint to the district. However, if the person alleged to have engaged in sex discrimination is no longer a student or employee and/or significant time has passed, the ability to investigate may be more limited or impossible.

The MCOE has adopted Title IX grievance procedures for the prompt and equitable resolution of complaints of sex discrimination. Here is an overview of the grievance procedures.

Prohibited Conduct

Title IX prohibits sex discrimination, including sex-based harassment. Here are some examples of prohibited sex discrimination that could be the basis of a Title IX complaint:

● Sexual harassment
● Harassment based on a transgender student’s gender identity
● Preventing participation consistent with gender identity
● A policy that treats a student or employee differently based on sex or gender identity
● A policy that treats a student or employee differently based on pregnancy
● Sexual assault
● Retaliation for making a Title IX complaint

Staff members with knowledge of alleged sex discrimination must notify the Title IX Coordinator.

What Happens When a Title IX Complaint Is Made?

● The Title IX Coordinator must notify the parties of the district’s Title IX grievance procedures.
● The Title IX Coordinator must offer supportive measures to the parties.
● The MCOE may (but is not required to) offer a voluntary informal resolution process.
● The MCOE may dismiss a complaint in limited circumstances but the Complainant must be permitted to appeal the dismissal on certain grounds.
● The Title IX Coordinator must provide notice of the allegations to the parties.

Basic Requirements of Grievance Procedures

The district’s grievance procedures must meet the following basic requirements:

● The parties must be treated equitably.
● The Title IX Coordinator, investigator, and decisionmaker may not be biased.
● Reasonable steps must be taken to protect the privacy of the parties and witnesses.
● A person alleged to have engaged in sex discrimination must be presumed not responsible until a determination is made at the end of the grievance procedures.
● Certain types of evidence must be excluded.

Investigations

An investigator will gather evidence to determine whether sex discrimination occurred, including by interviewing witnesses. Under Title IX, investigations must meet certain requirements, including the following:

● The burden must be on the district or county office—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.
● The parties must be provided with an equal opportunity to present witnesses/evidence.
● Impermissible evidence must be excluded.
● Parties must be provided with an equal opportunity to access evidence.
● Parties must be given a reasonable opportunity to respond to the evidence.

Determination and Written Decision

A decisionmaker will determine whether sex discrimination occurred. The decisionmaker may be the same person or a different person as the investigator.

The parties will be notified in writing of the determination including the rationale for the determination, and the procedures and bases for an appeal.

Appeal

Either party may appeal the determination on the bases listed in the district’s grievance procedures. For more information about the district’s Title IX grievance procedures, including the timelines for the grievance procedures, please refer to AR 5145.71 (for students) and AR 4119.12/4219.12/4319.12 (for employees)

If you need assistance putting your complaint in writing, please contact the Deputy Superintendent at 415-499-5801 or marincoe@marinschools.org. You may file a complaint anonymously, but MCOE'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. Click here for more information. The electronic complaint form is available online from the Office for Civil Rights website.

For information about how to file other types of complaints, the procedures for those complaints, or for the dismissal of a complaint, please contact MCOE's Title IX coordinator.

What are my 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.)

At this time the County Office does not provide the following items related to athletics, but you have the right to receive equitable treatment and benefits in the provision of all of the following if any are provided by the County Office in the future:
 

• 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 - MCOE

• Title IX - Spanish

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

For more information specific to anti-discrimination in MCOE employment, please contact the Title IX Coordinator.

• Visit the website of the California Department of Education Office of Equal Opportunity and the webpage on Gender Equity/Title IX.
• Review related MCOE policies and regulations by visiting the links provided in the first section of this page or by contacting MCOE's Title IX coordinator.

PROTECTIONS RELATED TO PREGNANCY OR RELATED CONDITIONS
The Title IX regulations prohibit discrimination against a student based on pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, or recovery from these conditions. Once notified of a student’s pregnancy or related conditions, the district is required to take specified actions to prevent discrimination, ensure equal access to educational programs and activities, and limit disclosure of private information.

Further information regarding protections related to pregnancy and related conditions can be located at:

34 CFR 106.40 Parental, family, or marital status; pregnancy or related conditions

Education Code 46015