Title IX

  • The Fontana Unified School District (“FUSD”) is committed to providing a safe and equitable learning environment for all students. With this responsibility, we provide the following information pursuant to Education Code section 221.61.

    Name and Contact Information of the Title IX Coordinator & Equity Officer:

    Title IX Coordinator
    Caroline Labonte , Director
    Office of Certificated Human Resources
    9680 Citrus Ave, Fontana CA 92335
    (909) 357-5000, ext. 29045
    TitleIX@fusd.net

    Equity Officer
    Craig Baker, Associate Superintendent, Student Services
    9680 Citrus Ave, Fontana CA 92335
    (909) 357-5000, ext. 29194
    TitleIX@fusd.net

    Definition of Sexual Harassment

    For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

    1. On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity.
    2. On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex.
    3. On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, “equivalent” means equal or equal in effect.
    4. An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations as that section exists on January 1, 2003, using any one of the following tests:
    1. Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.
    2. Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.
    3. Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program.
    1. If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.
    2. It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.
    3. On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.
    4. On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions.

    (Amended by Stats. 2003, Ch. 660, Sec. 1.  Effective January 1, 2004.)

    The Definition of Sex Discrimination can be found at:

    Education Code 230
    Education Code 212.5. 
    Education Code 221.8


    Summary of Pupil Rights (Education Code section 221.8)

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

    1. The California Office of Equal Opportunity
    2. The United States Department of Education Office for Civil Rights

    Pupil and Public Rights

    1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
    2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
    3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
    4. You have the right to apply for athletic scholarships.
    5. 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
    6. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
    7. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
    8. You have the right to file a confidential discrimination complaint with the United States Office for 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.
    9. You have the right to pursue civil remedies if you have been discriminated against.
    10. You have the right to be protected against retaliation if you file a discrimination complaint.

    Description of Responsibilities

    Title IX of the Education Amendments of 1972 prohibits discrimination based on sex within federally funded education institutions. Thus, all educational 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. Education institutions must protect against discrimination in these areas and prevent retaliation against any person for participating in any complaint action under Title IX.

    CDE Title IX

     

    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 United States Department of Education’s Office for Civil Rights (“OCR”). A person may pursue one or both of these avenues at the same time. Below is a summary of each process.

    1. District Complaint

      The Fontana Unified School District has adopted a process for filing a formal complaint under Title IX utilizing the Uniform Complaint Procedure (UCP). The UCP process can be used for filing formal complaints regarding unlawful discrimination, harassment, intimidation, or bullying on the basis of sex, sexual orientation, gender, gender identity, or gender expression. The UCP process can be used for other complaints that do not fall under Title IX, but fall under other guidelines such as LCAP, pupil fees, Every Student Succeeds Act, and a number of programs and activities that are governed by other state and/or federal laws and regulations.

      A UCP complaint requires a written statement that provides the name of the person filing the complaint and contact information, the name or name(s) of person(s) subjected to the alleged Title IX violation, the name of the education institution, a description of the alleged Title IX violation, a report of any retaliation suffered by the person filing the complaint, the date(s) of incident(s) which allegedly violated Title IX, and any attempt to address the alleged violation including contacting the site principal or other administrator or the District office responsible for overseeing the school site. The person or organization filing the complaint need not be a victim of the allegation, but may complain on behalf of another person or group. 

      Time Requirement:
      The UCP process requires that a complaint be filed within 6 months of the alleged incident or the date the complainant became aware of the alleged violation. If you have 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, FUSD will ensure every allegation is investigated promptly, adequately and impartially. FUSD will also take steps to protect all 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 recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. FUSD’s procedure for investigating a Title IX complaint can be found at Board Policy and Administrative Regulation 1312.3. 

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

      FUSD Board Policy and Administrative Regulation 1312.3 on Uniform Complaint Procedures

      FUSD Uniform Complaint Procedures
      English
      Spanish
    2. OCR Complaint

      To file a Title IX complaint, you can go to the following OCR website which will guide you through the complaint filing process.

      In summary, the OCR complaint form requires the name of the person subjected to the alleged Title IX violation, the name of the person filing the complaint, the name of the education institution, a description of the alleged Title IX violation, a report of any retaliation suffered by the person filing the complaint, the date of the last act that violated Title IX, and any attempt to address the alleged violation through another avenue, including the education institution’s internal grievance procedure or a court filing. Anyone may file a complaint with OCR; the person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group.

      Time Requirement: 
      OCR requires that the complaint be filed within 180 calendar days after the alleged violation. As set forth in OCR’s complaint form, the reporter can request a waiver of this requirement by explaining why the complaint was delayed. Please contact OCR, or visit the websites above, if you have any questions or concerns about this time requirement.


      Investigation Procedure

      Upon receipt of any complaint related to a potential Title IX violation, OCR first determines if it can investigate the incident by determining if the alleged action constitutes a violation of Title IX. OCR also assesses whether the complaint was filed within the 180 day requirement or provides a legitimate reason to waive this requirement. OCR may also seek more information from the person filing the complaint if needed to further assess the complaint.

      If OCR determines that it will investigate the complaint, it will issue letters of notification to the complainant and the education institution. OCR may use a variety of fact-finding techniques in its investigation of a complaint. These techniques may include reviewing documentary evidence submitted by both parties, conducting interviews, and/or site visits. At the conclusion of its investigation, OCR will determine with regard to each allegation whether the education institution failed to comply with Title IX. If the complainant disagrees with OCR’s determination, he/she may submit a written appeal to OCR.

      Fontana USD - Title IX Team and New Process Training

      Contact Information for OCR OCR Online Complaint Filing System

      OCR can also be contacted through its California regional office at:

      Office for Civil Rights
      U.S. Department of Education
      50 United Nations Plaza
      San Francisco, CA 94102
      Telephone: 415-486-5555
      Facsimile: 415-486-5570
      Email: ocr.sanfrancisco@ed.gov