Title IX - Non-Discrimination Policy

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. Title IX states: “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.”

In accordance with Federal Civil Rights Law, San Luis Coastal Unified School District (“SLCUSD”) is prohibited from discriminating based on gender, gender identity or expression, or genetic information, race, color, religion, ancestry, nationality, national origin, immigration status, ethnicity, ethnic group identification, age, sex, marital status, pregnancy, parental status, physical or mental disability, sexual orientation; the perception of one or more of such characteristics, or association with a person or group with one or more of these actual or perceived characteristics. 

Title IX protects all participants in SLCUSD educational programs and activities, including students, parents, employees, and job applicants. SLCUSD does not discriminate on the basis of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.

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

Student Rights under Title IX

Federal Title IX of the Education Amendments of 1972 ("Title IX"), implemented at 34 CFR §106.31(a), provides that 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 academic, extracurricular, research, occupation training, or other education program or activity operated by a recipient which receives federal financial assistance. Relevant here, Title IX requires San Luis Coastal Unified School District (SLCUSD) to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

Students have the following rights under Title IX:  

• To participate in a District program or activity without being subject to acts of sex discrimination, including but not limited to acts of sex-based harassment.
• To be reasonably accommodated for pregnancy and related conditions.
• To reasonable protection of privacy.
• To be notified of how to receive confidential assistance.
• To receive adequate notice of the District’s grievance procedures, including informal resolution and a formal investigation.
• To file a complaint alleging sex discrimination and to do so without being subject to retaliation.
• To receive supportive measures that are non-disciplinary in nature and appropriate under the totality of the circumstances.
• To receive adequate notice of the allegations, dismissals, delays, meetings, proceedings, and determinations.
• To be treated equally during participation in the grievance procedures
• To have conflict-of-interest free and bias-free Title IX Coordinators, investigators, and decision-makers.
• To a reasonably prompt and effective completion of applicable grievance procedure.
• To an objective evaluation of the relevant evidence and the exclusion of the impermissible evidence.
• To an equal opportunity to present fact witnesses and other evidence.
• To an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence, and a reasonable opportunity to respond to such evidence.
• To have the District take reasonable steps to prevent and address unauthorized disclosures of evidence gathered during the grievance procedure.
• To have an advisor of their choice attend all meetings and/or proceedings as well as assist with inspection and review of evidence.
• If it is determined that sex discrimination occurred, to remedies; disciplinary sanctions for the individual(s) responsible; and other appropriate prompt and effective steps to ensure that sex discrimination does not occur or recur.
• To appeal or challenge decisions regarding supportive measures, dismissals, and determinations of responsibility, in accordance with the District’s Title IX Grievance Procedures.

Student Rights Pursuant to Education Code Section 221.8

Education Code section 221.8 provides as follows:

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 USC Sec 1681 et seq.) may be used by the department for purposes of Section 221.6:

• 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 as to the athletic opportunities offered by the school.
• 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
4. Access to tutoring
5. Coaching
6. Locker rooms
7. Practice and competitive facilities
8. Medical and training facilities and services
9. Publicity.

• You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
• You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender       equity laws. 
• 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 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.

Filing a Title IX Complaint with SLCUSD

Student complaints shall be submitted in written form in accordance with Board Policy and Administrative Regulation 1312.3 - Uniform Complaint Procedures. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. 

Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex. The time for filing may be extended up to 90 days by the Superintendent or the Superintendent's designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complaint.

All complaints shall be appropriately investigated in a timely manner. Within 10 business days after the compliance officer receives the complaint, the compliance officer, or designee, shall begin an investigation into the complaint. The investigation shall include an opportunity for the complainant, or the complainant's representative, or both, to present the compliance officer, or designee, with an evidence, or information leading to evidence, to support the allegations in the complaint. SLCUSD shall issue a written decision based on the evidence within 60 calendar days from receipt of the written complaint at SLCUSD.

Any complainant who is dissatisfied with SLCUSD's final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving SLCUSD's decision.

Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.

Title IX Coordinators

Our County Office of Education and the Title IX Coordinator are aware of and acknowledge the new Title IX regulations released on May 6, 2020 and effective as of August 14, 2020. Our Title IX team received training on these new regulations on September 10, 2020, and have made our Title IX training available online for review. We are in the process of reviewing and revising our Title IX policy and practices, which involves hearing from our stakeholders in order to implement a fair, thorough and impartial Title IX complaint process and COE response.

In the event of a complaint regarding gender equity or sexual harassment, or discrimination, including harassment, intimidation and bullying because of actual or perceived disability, sex, gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion, sexual orientation, age marital or parental status, or association with a person or group with one or more of these actual or perceived characteristics, contact the Title IX Coordinator:

Greg Puccia
Asst. Superintendent of Human Resources
1500 Lizzie Street
San Luis Obispo, CA 93401
805.549.1233
Email: gpuccia@slcusd.org

Applicable Board Policies and Administrative Regulations include:

• Administrative Regulation 5145.71 - Title IX Sexual Harassment Complaint Procedures
• Board Policy 0410 - Nondiscrimination in District Programs and Activities
• Board Policy and Administrative Regulation 1312.3 - Uniform Complaint
• Board Policy 4030 - Nondiscrimination in Employment
• Board Policy 5145.3 - Nondiscrimination/Harassment

• Board Policy and Administrative Regulation 5145.7 - Sexual Harassment

Additional Resources may be found at:

• California Department of Education (“CDE”): https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp
• United States Department of Education Office for Civil Rights: https://www2.ed.gov/about/offices/list/ocr/index.html
• United States Department of Education Office for Civil Rights Complaint: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
• California Interscholastic Federation, Gender Diverse Youth Sport Inclusivity Toolkit:                                                                            https://www.cifstate.org/parents-students/CA_Gender_Diversity_Toolkit.pdf
• California Interscholastic Federation, Discrimination or Harassment Complaint Form: https://www.cifstate.org/sports/sportsmanship/response/Discrimination_Harassment_Complaint_Form.pdf
• California Department of Education - Office for Equal Opportunity - 1-916-445-9174
• United States Department of Education Office for Civil Rights Contact Information: 1-800-421-3481 or ocr@ed.gov

CIVIL RIGHTS

Title II Coordinator: Stephanie Shepherd
1500 Lizzie Street
San Luis Obispo, CA 93401
805.549.1225

Title V Coordinator: Chris Dowler
1500 Lizzie Street
San Luis Obispo, CA 93401
805.549.1264

Title IX Coordinator: Greg Puccia
1500 Lizzie Street
San Luis Obispo, CA 93401
805.549.1233

504 Coordinator: Stacey Lightfoot
1500 Lizzie Street
San Luis Obispo, CA 93401
805.549.1216

CCR Title 5 Coordinator: Chris Bonin
937 Southwood Drive
San Luis Obispo, CA 93401
805.596.4105