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Title IX Parent Notification

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Long Beach Unified School District
Title IX Notification

The Long Beach Unified School District 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.
 



The name and contact information of the Title IX Coordinator and Equity Compliance Officer

Title IX Coordinator, UCP Compliance Officer
Kimberly Dalton, Director of Human Resource Services
Long Beach, California
1515 Hughes Way, Long Beach, CA 90810
562-997-8108

Equity Compliance Officer
Steve Rockenbach, Director of Employee Relations
1515 Hughes Way, Long Beach, CA 90810
562-997-8220 



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
    1. The School's / District's Responsibility (Athletes Bill of 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.
    2. 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.
    3. 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.
      5. 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.
      6. 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.
      7. On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and non-students, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.
      8. 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.


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 Office for Civil Rights (“OCR”). If a crime is involved, such as sexual assault or rape, individuals may also file a report with the local police department. A person may pursue one or all of these avenues at the same time. Below is a summary of each process.

  1. District Complaint

    The Long Beach 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. Additionally, the UCP process can be used for other complaints that do not fall under Title IX, but meet 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. The UCP process requires that a complaint be filed within 6 months of the date the complainant became aware of the alleged violation. If more than 6 months have passed, the complainant may file a UCP and request an extension of the timeline, which must be approved by either the District Coordinator or Superintendent. Under Title IX, there is no time limit on reporting sexual misconduct to the District’s Title IX Coordinator.  However, there may be a two-year statute of limitations related to when you can file a lawsuit in court against the District related to its implementation the Title IX complaint process in your particular case. Please contact an attorney for further information.

    The LBUSD Uniform Complaint Procedure
    The Long Beach Unified School District UCP Annual Notice and Form

    Please contact the Title IX Coordinator, as identified above, if you have any questions.

    Investigation Procedure
    Upon receipt of any Complaint related to a potential Title IX violation, the Title IX Coordinator determines if the alleged action constitutes a violation of Title IX or if the Complaint will be investigated under another Complaint Process. If it is determined that the district will investigate the complaint under Title IX, notification letters will be sent to both the Complainant and Respondent and trained investigators will be assigned. LBUSD 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 reviewing school records and documents. At the conclusion of its investigation, an independent Decision-Maker will determine for each allegation whether Title IX was violated. If the Complainant disagrees with the District’s determination, he/she may submit a written appeal to the Assistant Superintendent of Human Resources Services and/or the California Department of Education.

    Information regarding the Title IX investigation process

     

  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. Note that 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.

    More information regarding the complaint filing process.

    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.

    Contact information for United States Department of Education Office for Civil Rights:

         E-mail, send to 

         U.S. mail, send to:
         Office for Civil Rights
         U.S. Department of Education
         400 Maryland Avenue SW
         Washington, D.C. 20202

         Fax, send to 202-453-6012.
     

  3. Police Report

    To file a police report, please contact the appropriate local law enforcement agency:

    • Long Beach Police Department
      562-435-6711
    • Los Angeles County Sheriff’s Department, Lakewood Station
      562-623-3500
    • Signal Hill Police Department
      562-989-7200
       


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.

Information regarding OCR’s investigation process
 



Contact for OCR

OCR Online Complaint Filing System

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

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
Email:

Title IX Training

Training for Title IX Team Members:

Multiple training opportunities on the topic of Title IX were completed by various team members prior to the new regulations. Due to copyright issues we are waiting for the training companies to provide information that can be posted.

Training Title

Training
Provided By

Location

Dates Attended

Training
Attended By

K12T9 Conference

ETR

Palo Alto

Jan 31-Feb 2, 2018

Title IX Coordinator

Pre K-12 Title IX Administrator Training

ATIXA

Santa Ana

July 23-25, 2018

Title IX Coordinator, Identified Staff

Working with Childhood Trauma (I)

ECHO

Los Angeles

August 9, 2018

Title IX Coordinator, Identified Staff

Working with Childhood Trauma (II)

ECHO

Los Angeles

September 7, 2018

Title IX Coordinator, Identified Staff

Title IX Training (selected staff)

AALRR

LBUSD

January 23, 2019

Title IX Coordinator, Identified Staff

Title IX Training 
for High School Coaches, identified  Classified Staff and Administrators

ASCIP/LBUSD HRS

LBUSD

Various dates

Title IX Coordinator, Identified Staff

Title IX Training

T9/LBCC

Liberal Arts Campus

August 8, 2019

Title IX Coordinator, identified Staff

How do Education Institutions Comply with Title IX and UCP in Student Harassment Cases

AALRR

Irvine Office

August 9, 2019

Title IX Coordinator, identified Staff

Safe Place to Learn: Prevent, Intercede, Respond to Sexual Harassment of K-12 Students,
Modules 1-4

National Center of Safe, Supportive Learning

Online

Various Dates

Title IX Coordinator, identified Staff

2019 ATIXA West Coast Annual Conference

ATIXA

Napa Valley, CA

October 27-30, 2019

Title IX Coordinator, identified Staff

T9 Mastered Essentials--Training for Title IX Investigators

T9

Pasadena, CA

November 4-6, 2019

Title IX Coordinator, identified Staff

Investigation Workshop

AALRR and HRS

LBUSD

December 16, 2019 and January 24, 2020

Title IX Coordinator, identified Staff

The Title IX New Regulations: What School Districts Must Know Before August 14, 2020!

AALRR

Web based PD

June 17, 2020

Title IX Coordinator, identified Staff

Trauma Sensitivity and Resilience Practices Workshop

CCEJ

Web based PD

June 30, 2020

Title IX Coordinator, identified Staff

Title IX Overhaul: Keeping up With the Federal Regulatory Changes

DWK

Web based PD

August 11, 2020

Title IX Coordinator

The New Title IX Team and Process for K-12 Districts

AALRR

Zoom Meeting

September 18, 2020

Title IX Coordinator, Identified Staff

Title IX Investigator Training for California K-12 Districts and COE's

AALRR

Zoom Meeting

August 11 and 13, 2021
(5.0 hours total)

Title IX Coordinator, Title IX Investigators

Title IX Decision Maker Training for California K-12 Districts and COE's AALRR Zoom Meeting August 17 and 20, 2021 (5.0 hours total) Identified Staff

Compliance Training for the Title IX Team 
Module 1 

AALRR 

Zoom 

September 19, 2022

Identified Staff 

Title IX Investigator Training for K-12 Districts & COEs
Module 2 
Session 1 

AALRR 

Zoom 

October 10, 2022

Identified Staff 

Title IX Investigator Training for K-12 Districts & COEs 
Module 2 
Session 2

AALRR 

Zoom 

October 17, 2022

Identified Staff 

Title IX Investigator Training for K-12 Districts & COEs 
Module 3
Session 1

AALRR 

Zoom 

December 8, 2022

Identified Staff 

Title IX Investigator Training for K-12 Districts & COEs 
Module 3
Session 2

AALRR 

Zoom 

December 12, 2022

Identified Staff 

Title IX Investigator Training for K-12 Districts & COEs 
Module 4

AALRR 

Zoom 

December 15, 2022

Identified Staff 

Putting facts into Focus: A Title IX Writing Workshop

T 9 Mastered 

Zoom 

September 21, 2022

Identified Staff 

K-12 Institute for Advancing School Equity, Safety, and Wellness 

ATIXA

Zoom 

2nd Friday of Each Month 

September 2022- May 2023

Identified Staff 

Student Gender in Schools: What Practitioners Need to Know AALRR Zoom Meeting March 9, 2023 Title IX Coordinator, Investigations Coordinator
Title IX Training Academy
Module 1
AALRR Zoom Meeting September 11, 2023 Identified Staff

2023 ACSA Personnel Institute 

AALRR

Zoom 

September 27, 2023 

Identified Staff 

Title IX Investigator Training: K-12 Districts 

AALRR

Zoom 

October 16, 2023 

Identified Staff 

Title IX Training Academy
Module 2
AALRR Zoom Meeting October 23, 2023 Identified Staff
Title IX Training Academy
Module 3
AALRR Zoom Meeting November 13, 2023 Identified Staff