Title IX – Frequently Asked Questions

What is Title IX?

Who is the Title IX Coordinator/Compliance Officer?

Edith Mourtos, Superintendent, Luther Burbank School District;
Email emourtos@lbsdk8.org; Tel: 408-295-2450

What Are the Rights and Responsibilities Under Title IX?

Rights and responsibilities information

The rights of a pupil and the public and the responsibilities of the school district under Title IX, which shall include, but shall not be limited to, web links to information about those rights and responsibilities located on the web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8.

• US Department of Education, Office for Civil Rights HERE
• Office of U.S. Equal Employment Opportunity Commission HERE
• Section 221.8 Rights: 
  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.

How Do I File a Title IX Complaint?

• A written complaint alleging district violation of applicable state or federal law or regulations governing its programs and activities may be filed by any individual, public agency, or organization. (5 CCR 4630)
• Any complaint alleging noncompliance with law regarding the prohibition against requiring students to pay student fees, deposits, and charges or any requirement related to the LCAP may be filed anonymously if the complaint provides evidence, or information leading to evidence, to support an allegation of noncompliance. A complaint about a violation of the prohibition against the charging of unlawful student fees may be filed with the principal of the school. However, any such complaint shall be filed no later than one year from the date the alleged violation occurred. (Education Code 49013, 52075; 5 CCR 4630)
• A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that he/she personally suffered the unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to it. The complaint must be initiated no later than six months from the date when the alleged incident occurred, or six months from the date when the person complaining (the complainant) first had knowledge of the facts of the alleged discrimination.
  The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension. (5 CCR 4630)
• When a complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) is filed anonymously, the compliance officer shall pursue an investigation or other response as appropriate, depending on how specific and reliable the information provided is and the seriousness of the allegation.
• When the complainant or alleged victim of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) requests confidentiality, the compliance officer shall inform him/her that the request may limit the district's ability to investigate the conduct or take other necessary action. When honoring a request for confidentiality, the district shall nevertheless take all reasonable steps to investigate and resolve/respond to the complaint consistent with the request.
• 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)
• Forward complaints to:
  Edith Mourtos, Superintendent, Luther Burbank School District; Email emourtos@lbsdk8.org; Tel: 408-295-2450                          

What is the Timeline? Is There a Deadline?

Following is information about the timeline that is used when filing and following up on a Title IX complaint.

* A complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) must be filed not later than six months from the date it occurred, or six months from the date the person complaining (the complainant) first had knowledge of the facts of the alleged discrimination. The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.

* A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that he/she personally suffered the unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to it. The complaint must be initiated no later than six months from the date when the alleged incident occurred, or six months from the date when the person complaining (the complainant) first had knowledge of the facts of the alleged discrimination.
The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.

How Are Complaints Investigated?

• Per MSD Administrative Regulation 1312.3, All Uniform Complaint Procedures related complaints shall be investigated and resolved within 60 calendar days of the district's receipt of the complaint unless the complainant agrees in writing to an extension of the timeline. (5 CCR 4631).  
• The compliance officer shall maintain a record of each complaint and subsequent related actions, including steps taken during the investigation and all information required for compliance with 5 CCR 4631 and 4633.
• All parties involved in the allegations shall be notified when a complaint is filed and when a decision or ruling is made. However, the compliance officer shall keep all complaints or allegations of retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) confidential except when disclosure is necessary to carry out the investigation, take subsequent corrective action, conduct ongoing monitoring, or maintain the integrity of the process. (5 CCR 4630, 4964

What Does the Nondiscrimination Policy Say?

The Board of Trustees desires to ensure equal opportunities for all students in admission and access to the district's educational programs, guidance and counseling programs, athletic programs, testing procedures, and other activities. District programs and activities shall be free from discrimination, including harassment, with respect to a student's actual or perceived sex, gender, ethnic group identification, race, national origin, religion, color, physical or mental disability, age, or sexual orientation.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 5145.9 - Hate-Motivated Behavior)

(cf. 5146 - Married/Pregnant/Parenting Students)

(cf. 6164.6 - Identification and Education Under Section 504)

The Board prohibits discrimination, intimidation, or harassment of any student by any employee, student, or other person in the district. Prohibited harassment includes physical, verbal, nonverbal, or written conduct based on one of the categories listed above that is so severe and pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the purpose or effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects the student's educational opportunities.

School staff and volunteers shall carefully guard against segregation, bias, and stereotyping in the delivery of services, including, but not limited to, instruction, guidance, and supervision.

(cf. 5145.2 - Freedom of Speech/Expression)

(cf. 6145 - Extracurricular and Cocurricular Activities)

(cf. 6145.2 - Athletic Competition)

(cf. 6164.2 - Guidance/Counseling Services)

The Superintendent or designee shall develop a plan to provide students with appropriate accommodations when necessary for their protection from threatened or potentially harassing or discriminatory behavior.

Students who engage in discrimination or harassment in violation of law, Board policy, or administrative regulation shall be subject to appropriate discipline, up to and including counseling, suspension, and/or expulsion. Any employee who permits or engages in harassment or prohibited discrimination shall be subject to disciplinary action, up to and including dismissal.

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4119.21/4219.21/4319.21- Professional Standards)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 5131 - Conduct)

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

Grievance Procedures

The Board hereby designates the following position(s) as Coordinator(s) for Nondiscrimination to handle complaints regarding discrimination and harassment and inquiries regarding the district's nondiscrimination policies:

Superintendent

4 Wabash Avenue

San Jose, CA 95128

408-295-2450

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 1312.3 - Uniform Complaint Procedures)

Any student who feels that he/she has been subjected to discrimination or harassment should immediately contact the Coordinator, the Superintendent, or any other staff member. Any student or school employee who observes an incident of discrimination or harassment should report the incident to the Coordinator or Superintendent, whether or not the victim files a complaint.

Upon receiving a complaint of discrimination or harassment, the Coordinator shall immediately investigate the complaint in accordance with site-level grievance procedures specified in AR 5145.7 - Sexual Harassment.

(cf. 5145.7 - Sexual Harassment)

The Superintendent or designee shall ensure that the student handbook clearly describes the district's nondiscrimination policy, procedures for filing a complaint regarding discrimination or harassment, and the resources that are available to students who feel that they have 

Are there community resources for youth who have experienced discrimination or bulllying?

The California Department of Education compiled a list of organizations in our regionthat provide support to youth and their families who have been subjected to school-related discrimination, harassment, intimidation, and bullying. This also includes resources for youths affected by gangs, gun violence, and psychological trauma caused by violence at home, school, and in the community. If any other organizations should be included on one or more of the regional lists, please contact our office at 916-445-9174 or submit a suggestion via e-mail at oeoinfo@cde.ca.gov.

Title IX Staff Training

 Title IX Team Training September 22, 2022 (3 hours)

 Title IX Compliance  August 2, 2022 (3 hours)

 Title IX Investigator Training August 3-4, 2022. (5 hours)

 Title IX Decision Maker Training August 8 and August 12, 2022 (5 hours)

 Title IX Appeals Officer Training August 15, 2022 (1.5 hours)

What Training Does the District Provide to Staff?

Online Sexual Harassment Training is completed by all employees at the start of the school year and is required of all new hires during the school year. 

Where Can I Find More Information?

• Contact: Edith Mourts, Superintendent, Luther Burbank School District; Email emourtos@lbsdk8.org; Tel: 408-295-2450

Additional resources include:

Online

• US Department of Education, Office for Civil Rights HERE
• U.S. Department of Education Office for Civil Rights Form - HERE (click at bottom of page)
• Office of U.S. Equal Employment Opportunity Commission HERE

Phone, Fax, or U.S. Mail 

• U.S. Department of Education, Office for Civil Rights, Lyndon Baines Johnson Department of Education Bldg, 400 Maryland Avenue, SW, Washington, DC 20202-1100, Telephone: 800-421-3481, FAX: 202-453-6012; TDD: 800-877 8339, Email: OCR@ed.gov
• San Francisco Office, Office for Civil Rights, U.S. Department of Education, 50 United Nations Plaza, Mail Box 1200, Room 1545, San Francisco, CA 94102, Telephone: 415-486-5555, FAX: 415-486-5570; TDD: 800-877-8339, Email:  ocr.sanfrancisco@ed.gov