Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects students and employees who do not conform to sex stereotypes. State law also prohibits discrimination based on sex, gender, gender expression, gender identity, and sexual orientation. State law also protects students and employees who identify as transgender and/or who do not conform to stereotypes based on sex, gender, gender expression, gender identity, or sexual orientation.

Title IX of the Education Amendments of 1972 states that:

"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."

The Title IX Regulations, effective August 14, 2020,[1] require K-12 schools to respond promptly and effectively whenever any employee has notice of sexual harassment allegations. The Title IX Regulations include three types of sexual harassment: quid pro quo ("this for that"), any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access (“hostile environment”); and “sexual acts” defined to include sexual assault, dating violence, domestic violence, or stalking that occurs on campus or during school activities in the United States.

Title IX Coordinator

The District designates the individual(s) identified below as the employee(s) responsible for coordinating the District's efforts to comply with applicable state and federal civil rights laws, including Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act,  the Age Discrimination Act of 1975, and the Title IX Regulations and to answer inquiries regarding the District's nondiscrimination policies. The individual(s) listed below shall also serve as members of the Title IX Team specified in the Title IX regulations and AR 5145.71 – Sexual Harassment and as specified in BP/AR 5145.3 Nondiscrimination/Harassment.

Under AR 1312.3 - Uniform Complaint Procedures (“UCP”), the District designates the individual(s) identified below to serve as the responsible employee(s) to handle complaints alleging unlawful discrimination targeting a student, including discriminatory harassment, intimidation, or bullying, based on the student's actual or perceived race, color, ancestry, national origin, nationality, ethnicity, ethnic group identification, age, religion, marital or parental status, pregnancy, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or any other legally protected status or association with a person or group with one or more of these actual or perceived characteristics. (Education Code 234.1; 5 CCR 4621)

The coordinator/compliance officer(s) may be contacted at: 

For questions, contact KUSD’s Title IX Coordinator and Equity Compliance Officer, Sandeep Jaspal, Ed.D., Assistant Superintendent, Educational Services, 15218 W. Whitesbridge, Kerman, CA  93630, (559) 843-9030.

For questions or complaints about student concerns or employee concerns, contact Assistant Superintendent, Personnel, Gabe Melgoza, 15218 W. Whitesbridge, Kerman, CA  93630, (559) 843-9009.

Title IX Investigators:  Site Assistant Principals (investigates the complaint and provides written findings)

Title IX Decision Maker:  Site Principals (facilitates "cross-examination" & renders decision)

Title IX Appeal Decision Maker:  Human Resources Department (addresses appeal requests and renders a decision)

Title IX Informal Process Facilitator:  Sandeep Jaspal, Ed.D., Assistant Superintendent, Educational Services (if the informal process is applicable)

Pupil and Rights

Ed Code 221.8

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.

District Responsibility

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities in federally funded educational institutions. Thus, all educational District programs and activities must be operated in a nondiscriminatory manner. Some key issue 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 protect against retaliation against any person for opposing an unlawful educational practice or policy, or making charges, testifying, or participating in any complaint action under Title IX.

Training

In accordance with the Title IX Regulations, effective August 14, 2020, Kerman Unified will provide Title IX training for school personnel on the Title IX team. Kerman Unified uses Keenan Safe School online training to educate staff members. Kerman Unified will continue to require all staff members to complete the sexual harassment training offered by Keenan every other year. Members of the Title IX Team will receive additional training pertinent to their roles on the team. The District will post copies of the Title IX training materials to its website.

Statute of Limitations

A complaint alleging unlawful discrimination or retaliation under the Uniform Complaint Procedure (UCP) must be filed no later than six months from the date the discrimination or retaliation occurred, or six months from when the complainant first learned of the unlawful discrimination. The Superintendent or designee may extend this timeline by up to ninety days for good cause, upon written request by the complainant setting forth the reasons for the extension. If you believe your complaint may be outside this time requirement, please contact the Title IX Coordinator to file a complaint under Title IX, discuss supportive measures, or discuss other options. There is no time limit to file a Title IX complaint, but you must still be accessing or attempting to access the District’s educational program or activities.

How To File a Title IX Complaint

Individuals who have been subject to discrimination prohibited under Title IX may file a complaint with the District as well as the US Department of Education, Office for Civil Rights (“OCR”) or the California Department of Education (“CDE”). If a crime is involved, such as sexual assault or rape, individuals may also file a report with the local police department. Individuals may pursue one or all of these avenues at the same time. Below is a summary of each process

District Complaint:

Individuals may file a complaint as follows:

The complaint should be presented to the Title IX coordinator. All complaints should be filed in writing and signed by the complainant. Once the complaint is filed, the District will decide whether to apply Title IX as set forth in District Administrative Regulation No. 5145.71 – Sexual Harassment, which can be found at https://www.kermanusd.com/o/kusd/page/studentsestudiantes#ar5145-71 or the Uniform Complaint Procedure (UCP) as set forth in District Administrative Regulation No. 1312.3, which can be found at https://www.kermanusd.com/o/kusd/page/community-relations#ar1312-3. If a complainant is unable to put a UCP complaint in writing due to conditions such as a disability or illiteracy, district staff shall assist him/her in the filing of a UCP complaint. (5 CCR 4600.) Please contact the Title IX Coordinator and/or UCP Coordinator, as identified above, if you have any questions.

Time Requirement:

In order to file a complaint under the UCP with the District, individuals must file the complaint as discussed above within six months of the discrimination occurring or awareness of the discrimination. (5 CCR 4630(b).) If you have any questions about this time limit, or if you believe your complaint may be outside this time requirement, please contact the Title IX Coordinator to file a complaint under Title IX, discuss supportive measures, or discuss other options.

There is no time limit to file a Title IX complaint, but you must still be accessing or attempting to access the District’s educational program or activities.

OCR Complaint:

For more information regarding filing a complaint with OCR, please see Complaint Intro

Time Requirement:

OCR requires that the complaint be filed within 180 calendar days after the discrimination. Please contact OCR, or visit the websites above, if you have any questions or concerns about this time requirement.

Police Report:

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

Kerman Police Department

850 S Madera Ave

Kerman, CA  93630

559-846-6633

 

Fresno County Sheriff

2200 Fresno Street

Fresno, CA 93724

559-600-3111

 

Investigative Procedures Under the Uniform Complaint Procedures (UCP)

Complaints filed under the District’s Uniform Complaint Procedures will be investigated and a decision made within sixty (60) calendar days of the District’s receipt, unless the complainant agrees to an extension. The Title IX Coordinator may discuss the possibility of an informal resolution process, such as mediation, with the parties to the complaint. If the parties do not agree to an informal resolution process, like a mediation, or the informal resolution process does not resolve the complaint, the coordinator will proceed with an investigation of the complaint, which will be completed by the investigator. The investigator will interview alleged victim (complainant), alleged offender (respondent), and relevant witnesses. The investigator may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The investigator may visit reasonably accessible locations where discrimination is alleged to have occurred. During the investigation, schools will offer supportive measures to the complainant and, as applicable, to the respondent.

Process for Initiating and Responding to Complaints Under the UCP

Within 60 days of receipt of the complaint, the coordinator or assigned investigator will prepare and send a final written decision to the complainant and respondent. If the coordinator assigned investigator finds that a complaint has merit, the District will take appropriate corrective action.

If the complainant is not satisfied with the decision, the complainant may file an appeal in writing with the Board. The Board may consider the matter at a Board meeting or decide not to hear the complaint, in which case the compliance officer’s decision shall be final. The Board’s decision must be within 60 calendar days of the District’s receipt of the complaint (unless this deadline is extended by agreement of the Complainant).

The complainant may appeal the District’s final decision within 30 calendar days of the decision to the California Department of Education. The appeal must specify the reason for the appeal, including (1) the District failed to follow its complaint procedures, (2) the District’s decision lacks material findings of fact necessary to reach a conclusion, (3) findings are not supported by substantial evidence, (4) the legal conclusion is inconsistent with the law, or (5) the corrective actions fail to provide a proper remedy.. The appeal must include a copy of the original complaint to the District and a copy of the District’s decision. For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures: here.

For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers or public/private interest attorneys, sixty calendar days after filing an appeal with the California Department of Education. (California Education Code § 262.3.) Note that this sixty-day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (California Education Code § 262.3.)

Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within 180 days of the alleged discrimination. For Office for Civil Rights contact information, see the section above on “How do I file a complaint of sex discrimination?” To obtain a copy of the Office for Civil Rights complaint form, visit here.

Investigative Procedures Under Title IX (“Title IX Grievance Process”)

Complaints filed under the Title IX Grievance Process will be investigated and a decision made within 60 days unless there is cause for an extension. Complainant and Respondent (“the Parties”) will be notified of the allegations in writing. The Title IX Coordinator shall consider whether to dismiss a formal complaint under AR 5145.71. If dismissed, the Title IX Coordinator shall promptly send written notice of the dismissal and the reasons for the dismissal simultaneously to the parties and shall inform them of their right to appeal the dismissal.

At any time prior to reaching a determination regarding responsibility, the Parties may request the Title IX Coordinator initiate an informal resolution process that does not involve a full investigation and adjudication. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process.

If the matter is resolved through an informal resolution process, then the complaint will be dismissed. If the matter is not resolved through an informal resolution process, then the investigation process will continue.

Process for Initiating and Responding to Title IX Complaints

As to the Title IX complaint investigation process, the District will assign a trained, non-biased, impartial investigator, free from conflict (“Investigator”). The investigation will be conducted in a timely, thorough, and impartial manner. The Investigator will interview the complainant, respondent, and relevant witnesses in a discrete and confidential manner. Disclosure of facts and allegations by the Investigator to people interviewed will be limited to what is reasonably necessary to complete a fair and thorough investigation. The complainant and respondent(s) may bring an advisor of their choice, such as a support person or attorney to their interview or related meetings. The Investigator will keep complainant and respondent informed of the progress of this investigation.

During the investigation, the Investigator will inspect the evidence and assess the relevance, weight, and credibility of the information provided. Witnesses may not tamper with or alter any evidence, or tamper with or attempt to alter any witness testimony.

Prior to completing the investigation report, the Investigator will send the Parties (and their respective advisors, if any) the evidence that has been gathered, likely in the form of a confidential Draft Report of Evidence. The Parties and their advisor may inspect and review evidence and will have at least 10 days to submit a written response.

After reviewing any written responses, the Investigator will prepare a confidential Investigative Report that fairly summarizes the relevant evidence, and the Investigative Report will be forwarded to the Parties (and their respective advisors, if any.) The Parties will both have at least 10 days to submit another written response regarding the Investigative Report.

Decision-Maker and Determination of Responsibility for Title IX Complaints

As for the Title IX investigation process, the District will assign a trained, unbiased Decision-Maker, who is not the Title IX Coordinator or the Investigator. Before the Decision-Maker reaches a determination regarding responsibility, the Parties will have the opportunity to submit written, relevant questions that a party wants the Decision-Maker to ask of another party or witness. The Decision-Maker will provide the Parties with the answers, and allow for additional, limited follow-up questions from the Parties. The Decision-Maker must explain any decision to exclude a question as not relevant.

After considering the Investigative Report and the answers to the written questions, the Decision-Maker will issue a written determination regarding responsibility. The Decision-Maker will make findings of fact, reach conclusions, explain the rationale, and determine whether policy has been violated based on a preponderance of the evidence standard (i. e. “it is more likely than not the allegation occurred or did not occur”). The Decision-Maker may also make recommendations for any sanctions against the Respondent or remedies for the Complainant, if applicable. The District will send the Complainant and Respondent a written decision, sometimes called a Notice of Outcome or Decision. The Notice of Outcome or Decision will explain how each party can file an appeal.

If a finding is made that Respondent has not violated the District’s policies, then the investigation will be closed, but the Complainant may still receive Supportive Measures. If a finding is made that either Party violated District policy, the matter will be referred to the applicable administrator, who will review any recommendations and determine and implement the appropriate disciplinary action for violation of the policy. Regardless of the outcome of the investigation, the District shall determine what occurred and whether any corrective actions or supportive measures are needed to prevent or address any issues discovered during the investigation.

Either the Complainant or Respondent may appeal the decision to the Title IX Coordinator. The appeal must state the grounds for the appeal and include any relevant documentation in support of the appeal. Complainant and/or Respondent have the right to appeal on the following three limited grounds:

1.              Procedural irregularity that affected the outcome;

2.              New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome; and/or

3.              A conflict of interest or bias by the Title IX Coordinator, investigator(s), or decision-maker(s) affected the outcome.

(34 C.F.R. § 106.45)

An appeal must be filed in writing within 10 calendar days of receiving the notice of the decision or dismissal, stating the grounds for the appeal and including any relevant documentation in support of the appeal. Appeals submitted after this deadline are not timely and shall not be considered. The Title IX Coordinator will assign an Appeal Officer. A written appeal decision shall be provided to the parties within 20 calendar days from the receipt of the appeal.

The district's final decision may be appealed to the U.S. Department of Education's Office for Civil Rights within 180 days of the date of the most recently alleged misconduct. For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers or public/private interest attorneys, sixty calendar days after filing an appeal with the California Department of Education. (California Education Code § 262.3.) Note that this sixty-day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (California Education Code § 262.3.)

After exhausting any appeal procedure, the District will implement the sanctions and remedies, if applicable.

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[1] The Title IX Regulations effective on August 1, 2024 were vacated by a court order and therefore are no longer applicable.

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