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. No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity operated by OAUSD. Title IX protects all participants in OAUSD's educational programs and activities, including students, parents, employees, and job applicants. OAUSD 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. Please refer to an overview of all OAUSD's nondiscrimination policies and the following specific policies and procedures regarding sexual harassement:
Information provided here applies to every OAUSD school site and all OAUSD programs and activities.
OAUSD has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If OAUSD knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. OAUSD must resolve complaints of sex discrimination promptly and equitably. Information on filing a complaint alleging sex-based discrimination is below, including contact information for OAUSD's Title IX Coordinator.
For more information specific to anti-discrimination in OAUSD employment, please contact the Title IX Coordinator (contact information below).
OAUSD's Title IX coordinator oversees compliance with Title IX requirements and promotes sex equity in OAUSD programs.
Jason Yamashiro, Superintendent and Title IX Coordinator
Old Adobe Union School District
Petaluma, CA 94503
A complaint alleging unlawful discrimination or retaliation 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.
A student, parent, guardian, employee, individual, or organization may file a written complaint alleging discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic under OAUSD's Uniform Complaint Procedure by sending a complaint to OAUSD's Title IX Coordinator (contact information listed above).
You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights. For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html. The electronic complaint form for the Office for Civil Rights is available online at https://ocrcas.ed.gov.
Contact the Office for Civil Rights at:
San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102
Telephone: (415) 486-5555
Fax: (415) 486-5570; TDD: (800) 877-8339
For information about how to file other types of complaints and the procedures for those complaints, please contact OAUSD's Title IX coordinator.
Complaints filed under OAUSD's Uniform Complaint Procedure will be investigated and a decision made within sixty calendar days of the OAUSD's receipt, unless the complainant agrees to an extension. OAUSD's compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses. The compliance officer may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred. As appropriate, OAUSD's compliance officer periodically will inform the parties of the status of the investigation. The complainant will be notified when a decision is made. Complaints that are not filed under OAUSD's Uniform Complaint Procedure will be investigated and decided pursuant to the applicable procedure.
WHAT HAPPENS AFTER THE INVESTIGATION
For complaints filed under the Uniform Complaint Procedure, the compliance officer will prepare and send a final written decision to the complainant and respondent, if any, within 15 working days of OAUSD's receipt of the complaint (unless this deadline is extended by mutual agreement).
If the complainant or respondent is not satisfied with the decision, either the complainant or respondent may, within five business days, file the complaint 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 complainant or respondent may appeal OAUSD's decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether OAUSD's facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to OAUSD and a copy of OAUSD's decision. For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures: http://www.cde.ca.gov/re/cp/uc/index.asp.
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 contact information, see the section above on “How do I file a complaint of sex discrimination?” For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
If the compliance officer finds that a complaint has merit, OAUSD will take appropriate corrective action.
For more information regarding Title IX and sex equity in education or in OAUSD employment, please contact OAUSD's Title IX Coordinator.