Gerber Elementary School Title IX

Home Programs & Activities Title IX

What is Title IX?
Top of Page

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."

Title IX protects all participants in Gerber Union Elementary School District (“GUESD”) educational programs and activities, including students, parents, employees, and job applicants. GUESD 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.

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

Filing a Title IX Complaint with Gerber Union Elementary School District
Top of Page

Student complaints shall be submitted in written form in accordance with Board Policy 5145.3 and 5145.7 and Administrative Regulation 1312.3 attached at the conclusion of this document. If the complainant is unable to prepare the complaint in writing, administrative staﬀ shall help him/her to do so. The COE provides a complaint form at the conclusion of this document.

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 a written request by the complainant setting forth the reasons for the request for an extension of time to ﬁle a written complaint.

The compliance oﬃcer may informally discuss with all the parties the possibility of using mediation within three business days after his or her receipt of the 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 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 with any evidence, or information leading to evidence, to support the allegations in the complaint. Unless extended by a written agreement with the complainant, the Gerber Union Elementary School District shall issue a written decision based on the evidence within 60 calendar days from receipt of the complaint by the Gerber Union Elementary School District.

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

Additional details about procedures for ﬁling a complaint may be found within the content of Board Policies 5145.3 and 5145.7 and Administrative Regulation 1312.3.

Student Rights under Title IX?
Top of Page

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 U.S.C § 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 apply for athletic scholarships.
You have the right to receive equitable treatment and benefits in the provision of all of the following:
- 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
You have the right to have access to the Title IX coordinator to answer questions regarding gender equity laws.
You have the right to contact the State Department of Education and 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 based on your sex/gender.
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.