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Title IX

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, including athletic programs. 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 Monterey County Office of Education. Title IX protects all participants in the County’s educational programs and activities, including students, parents, employees, and job applicants. The Monterey County Office of Education 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 Board Policies 5145.3 and Administrative Regulations 5145.3 for more information on the Monterey County Office of Education’s anti-discrimination policies.

What are my rights under Title IX?

You have the following rights under Title IX, to the extent applicable at the Monterey County Office of Education:

  • 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 Monterey County Office of Education personnel as to the athletic opportunities offered by the school.
  • You have the right to apply for athletic scholarships if the Monterey County Office of Education 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 Monterey County Office of Education Programs:
    • 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 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.

The San Benito County Office of Education has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If the San Benito County Office of Education 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 San Benito County Office of Education 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 County’s Title IX Coordinator.

For more information specific to anti-discrimination in San Benito County Office of Education employment, please contact the Title IX Coordinator.

Learn more about your rights under Title IX:

Review related San Benito County Office of Education policies and regulations

Who is the Title IX Coordinator?

The San Benito County Office of Education has a Title IX Coordinator who oversees the County’s compliance with Title IX requirements and promotes sex equity in the County’s programs. Contact the County’s Title IX Coordinator:

Antonio Vela

Director, Human Resources

avela@sbcoe.org 

831-637-5393 x106

The Uniform Complaint Procedure is available on the Human Resources Main page.

If you need assistance putting your complaint in writing, please contact the Human Resources Department. You may file a complaint anonymously, but the County Office of Education’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. For more information or to access the electronic complaint form, visit the U.S. Department of Education Office for Civil Rights website. Contact the Office for Civil Rights at:

San Francisco Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102

Telephone: 415.486.5555
Fax: 415.486.5570
TDD: 800.877.8339
Email: ocr.sanfrancisco@ed.gov

For information about how to file other types of complaints and the procedures for those complaints, please contact the Human Resources Department at San Benito County Office of Education at 831.637.5393.

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?

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

What happens when the investigation is complete?

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 County’s receipt of the complaint (unless this deadline is extended by mutual agreement).

The complainant or respondent may appeal the County’s decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the County’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the San Benito County Office of Education and a copy of the County’s decision. For more 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. For contact information, see the section above on “How do I file a complaint of sex discrimination?” and/or visit U.S. Department of Education Office for Civil Rights website.

If the compliance officer finds that a complaint has merit, the San Benito County Office of Education will take appropriate corrective action.

How do I get more information?

For more information regarding Title IX and sex equity in education or in Monterey County Office of Education employment, please contact the County’s Title IX Coordinator.