Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to sex stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states 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 education program or activity receiving Federal financial assistance."

As of August 14, 2020, the Title IX New Rule is in effect. The Final Rule requires K-12 schools to respond whenever any employee has notice of sexual harassment, including allegations of sexual harassment. The Final Rule includes three types of sexual harassment:  quid pro quo ("this for that"), any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access; and any instance of sexual assault, dating violence, or stalking that occurs on campus or during school activities. 

Title IX Coordinator
The District designates the individual(s) identified below as the employee(s) responsible for coordinating the District's efforts to comply with applicable state and federal civil rights laws, including Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act,  the Age Discrimination Act of 1975, and the Title IX New Rule to answer inquiries regarding the District's nondiscrimination policies. The individual(s) shall also serve as the Title IX  Team specified in the New Rule and AR 1312.3 - Uniform Complaint Procedures as the responsible employee to handle complaints alleging unlawful discrimination targeting a student, including discriminatory harassment, intimidation, or bullying, based on the student's actual or perceived race, color, ancestry, national origin, nationality, ethnicity, ethnic group identification, age, religion, marital or parental status, pregnancy, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or any other legally protected status or association with a person or group with one or more of these actual or perceived characteristics. The coordinator/compliance officer(s) may be contacted at:  (Education Code 234.1; 5 CCR 4621)

For questions, contact KUSD’s Title IX Coordinator and Equity Compliance Officer, Sandeep Jaspal, Ed.D., Assistant Superintendent, Educational Services, 15218 W. Whitesbridge, Kerman, CA  93630, (559) 843-9030.

For questions or complaints about student concerns or employee concerns, contact Assistant Superintendent, Personnel, Gabe Melgoza, 15218 W. Whitesbridge, Kerman, CA  93630, (559) 843-9009. 

Title IX Investigators:  Site Assistant Principals (investigates the complaint and provides written findings)

Title IX Decision Maker/Potential Hearing Officers:  Site Principals (conducts a hearing, facilitates "cross-examination" & renders decision)

Title IX Appeal Decision Maker:  Human Resources Department (addresses appeal requests and render a decision)

Title IX Informal Process Facilitator:  Sandeep Jaspal, Ed.D., Assistant Superintendent, Educational Services (if the informal process is feasible) 

Pupil and Rights
Ed Code 221.8

The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:

(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 of 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.

District Responsibility
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities in federally funded educational institutions. Thus, all educational District programs and activities must be operated in a nondiscriminatory manner. Some key issue 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.  Education Institutions must protect against discrimination in these areas and protect against retaliation against any person for opposing an unlawful educational practice or policy, or making charges, testifying, or participating in any complaint action under Title IX.

Training

In accordance with the Title IX New Rule, effective August 14, 2020, Kerman Unified will provide Title IX training for school personnel. Kerman Unified uses Keenan Safe School online training to educate staff members. All staff will be required to complete the Title IX Compliance modules at the start of the 2020-2021 school year, and for every subsequent year. Kerman Unified will continue to require all staff members to complete the sexual harassment training offered by Keenan every other year. Members of the Title IX Team will receive additional training pertinent to their roles on the team

Statute of Limitations
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.  If you believe your complaint may be outside this time requirement but want to explore other options, please contact the Title IX Coordinator.

How To File A Title IX Complaint
Individuals who have been subject to discrimination prohibited under Title IX may file a complaint with the District as well as 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.  Individuals may pursue one or all of these avenues at the same time. Below is a summary of each process

District Complaint:
Individuals may file a complaint as follows:

The complaint should be presented to the Title IX coordinator.  All complaints should be filed in writing and signed by the complainant.  If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, district staff shall assist him/her in the filing of the complaint.  (5 CCR 4600) Individuals may file a complaint pursuant to the Uniform Complaint Procedure (UCP) as set forth in District Administrative Regulation No. 1312.3, which can be found at Uniformed Complaint Procedure. Please contact the Title IX Coordinator, as identified above, if you have any questions.

Time Requirement:

In order to file a complaint with the District, individuals must file the complaint as discussed above within six months of the discrimination occurring or 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.

OCR Complaint:
For more information regarding filing a complaint with OCR, please see Complaint Intro

Time Requirement:

OCR requires that the complaint be filed within 180 calendar days after the discrimination.  Please contact OCR, or visit the websites above, if you have any questions or concerns about this time requirement.

Police Report:
To file a police report, please contact local law enforcement:

Kerman Police Department
850 S Madera Ave
Kerman, CA  93630
559-846-6633

Fresno County Sheriff
2200 Fresno Street
Fresno, CA 93724
559-600-3111

Investigative Procedures
Complaints filed under the District’s Uniform Complaint Procedures will be investigated and a decision made within sixty calendar days of the District’s receipt, unless the complainant agrees to an extension. The Title IX Coordinator may informally discuss the possibility of mediation with the parties to the complaint. If the parties do not agree to mediation or mediation does not resolve the complaint, the coordinator will proceed with an investigation of the complaint, which will be completed by the site investigator. The investigator will interview alleged victims (complainant), alleged offender (responder), and relevant witnesses. The coordinator may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The coordinator may visit reasonably accessible locations where discrimination is alleged to have occurred. During the investigation, schools will offer supportive measures to the complainant.

Process for Initiating and Responding to Complaints
Within 30 days of receipt of the complaint, the coordinator will prepare and send a final written decision to the complainant and respondent. If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.

If the complainant or respondent is not satisfied with the decision, either the complainant or respondent may, within five business days, file the complaint in writing with the Board. The Board may consider the matter at a Board meeting or decide not to hear the complaint, in which case the compliance officer’s decision shall be final. The Board’s decision must be 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 more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures: here.

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 Office for Civil Rights contact information, see the section above on “How do I file a complaint of sex discrimination?” To obtain a copy of the Office for Civil Rights complaint form, visit here.

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