AB 34 - The Safe Place To Learn Act

Policy on Pupil Suicide Prevention in Grades K-8

BP 5141.52

AR 5141.52

Nondiscrimination and Title IX

The Rio Bravo-Greeley Union School District is committed to equal opportunity for all individuals in education and in employment. RBGUSD prohibits discrimination, harassment, intimidation, and bullying in any employment practice, education program, or educational activity on the basis and/or association with a person or group with one or more of these actual or perceived characteristics of age, race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identifications, religion, pregnancy, marital status, parental status, physical disability, mental disability, sex (including sexual harassment), sexual orientation, gender, gender identity, gender expression, medical information, genetic information, homelessness, foster status, military veteran status, political affiliation or any other basis prohibited by California state and federal nondiscrimination laws consistent with Education Code 200, 220 and 234.1, Penal Code 422.55, Government Code 11135, and Title IX. Not all bases of discrimination will apply to both education services and employment.

If you believe you, or your student, have been subjected to discrimination, harassment, intimidation, or bullying you should contact your school site principal and/or District’s Chief Compliance and Title IX Officer:

Silvia Montejano

6521 Enos Lane

Bakersfield, CA 93314

(661) 589-2696

smontejano@rbgusd.org

Copies of the district’s Bullying, Cyberbullying, Sexual Harassment policy, and Nondiscrimination policies are available upon request. The link to this information is below.

BP 0410 Nondiscrimination in District Programs and Activities

BP 4030 Nondiscrimination in Employment

BP 5131.2 Bullying

BP 5145.3 Nondiscrimination Harassment

Sexual Harassment Policy Notice

RBGUSD is committed to maintaining a safe workplace and learning environment that is free of sexual harassment and retaliation. The Board of Trustees prohibits sexual harassment of students, job applicants, interns, volunteers, employees, contractors, or any other individuals including but not limited to parents and vendors. The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist or otherwise participate in investigations of complaints regarding sexual harassment. Sexual harassment may, in certain circumstances, be a violation of Title VII of the Civil Rights Act of 1964 as amended, and/or Title IX of the Education Amendments of 1972, as well as California law. All persons including applicants, employees, interns, volunteers, students, and independent contractors are protected under this policy.

BP 4119.11 Sexual Harassment

BP 5145.7 Sexual Harassment of or by Students

Uniform Complaint Procedures

The Governing Board recognizes that the District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The District shall investigate complaints alleging failure to comply with such laws and/or alleging unlawful discrimination, harassment intimation, or bullying and shall seek to resolve those complaints in accordance with the District’s uniform complaint procedures. The Board encourages early resolution of complaints whenever possible. Anyone who wishes to file a complaint may utilize the District’s Uniform Complaint Procedures by contacting:

Jennifer Hedge, Superintendent

6521 Enos Lane

Bakersfield, CA 93314

(661) 589-2696

jhedge@rbgusd.org

BP 1312.3 Uniform Complaint Procedures

Title IX – Sex-Based Discrimination is Prohibited

It is the policy of the Rio Bravo-Greeley Union School District that all persons, regardless of their sex, sexual orientation, gender identity, or gender expression, should enjoy freedom from discrimination of any kind. Title IX of the Education Amendments of 1972 prohibits discrimination based on sex, sexual orientation, gender identity, or gender expression, in education programs and activities that receive federal financial assistance.

What is Title IX?

Title IX is a federal law that prohibits sex-based discrimination in all educational programs and activities, including athletic programs. No person shall, on the basis of sex, sexual orientation, gender identity, or gender expression, 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. 

Board Policies and Administrative Regulations Title IX

• Administrative Regulation 5145.71 - Title IX Sexual Harassment Complaint Procedures

Athletes' Bill of Rights? (Education Code Section 221.6)

¿Declaración de derechos de los atletas?

Title IX and California Education Code afford the following rights on behalf of students:

1. You have the right to fair and equitable treatment and to be free from discrimination based on your sex.
2. You have the right to an equitable opportunity to participate in all academic extracurricular activities, including athletics.
3. You have the right to ask the athletic director of your school about the athletic opportunities offered by the school.
4. You have the right to apply for athletic scholarships.
5. You have the right to equitable treatment and benefits in:
   •  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
   • Publicity
6. You have access to a gender equity coordinator to answer questions about gender equity laws.
7. You have the right to contact the California Department of Education (CDE) and the California Interscholastic Federation (CIF) for information on gender equity laws.
8. You have the right to file a confidential discrimination complaint with the United States Office for Civil Rights (OCR) or CDE if you believe you have been discriminated against or received unequal treatment on the basis of your sex.
9. You have the right to pursue civil remedies if you have been discriminated against.
10. You have the right to be protected from retaliation if you file a discrimination complaint.

For more information regarding student rights under Title IX, please visit:

California Department of Education

Office of Equal Opportunity
U.S. Department of Education, Office for Civil Rights

Title IX Training Materials

How do I file a complaint of sex discrimination?

If you believe you, or your student, have been subjected to unlawful discrimination including discriminatory harassment, intimidation, and bullying b because of sex, sexual orientation, gender identity, or gender expression, you should contact your school site principal and/or the District’s Title IX Officer:

Silvia Montejano

6521 Enos Lane

Bakersfield, CA 93314

(661) 589-2696

smontejano@rbgusd.org

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

Complaints filed under the District’s Uniform Complaint Procedure will be investigated and a decision made within sixty calendar days of the District’s receipts 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 offer may review available records, statements, or notes related to the complaint, including evidence of 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.

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 mutual agreement).

The complainant or respondent may appeal the District’s decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the District’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the District and a copy of the District’s decision. For additional information, visit the California Department of Education’s webpage on Uniform Complaint Procedures.

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.

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

For additional information regarding Title IX rights and responsibilities please contact the Title IX officer or visit websites for The California Department of Education’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights.

The School’s Responsibilities 

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in programs and activities of federally funded institutions. School district programs and activities must be operated free from discrimination. 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. 

For more information about schools’ responsibilities under Title IX, please visit:
Office of Equal Opportunity
U.S. Department of Education, Office for Civil Rights

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 District or the Office for Civil Rights (OCR). If a crime is involved, such as sexual assault, 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.
 

District Complaint

Title IX complaints may be filed using the District’s uniform complaint procedure found within BP 1312.3 and AR 1312.3.

Time Requirement:
A complaint with the District must be filed within six months of the discrimination occurring or 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.

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 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 the 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 in BP 1312.3 and AR 1312.3.

Please contact the Title IX Coordinator if you have any questions. 

OCR Complaint
For information regarding filing a complaint with OCR.
OCR provides an online complaint form.
OCR can also be contacted 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

Time Requirement:
OCR requires complaints to be filed within 180 calendar days of the alleged discrimination. Please contact OCR, or visit the websites above, if you have any questions about this time requirement. 

Investigation Procedure:

For information regarding OCR investigation process.

If you need assistance putting your complaint in writing, please contact Jennifer Hedge at (661) 589-2696.  You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information.

For more information regarding Title IX and sex equity in education or in District employment, please contact the District’s Title IX Coordinator.

Additional Information:

Statewide Resources, Including Community-based Organizations