Title IX – Frequently Asked Questions
What is Title IX?
Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) protects people from discrimination based on sex in education programs and activities that receive federal financial assistance.
The goal of Title IX is to provide greater levels of gender equity in schools. Title IX addresses 10 key areas: Access to Higher Education, Athletics, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Mathematics and Science, Sexual Harassment, Standardized Testing, and Technology.
Title IX regulation describes the conduct that violates Title IX. Examples of the types of discrimination covered include sexual harassment, the failure to provide equal opportunity in athletics, and discrimination based on pregnancy.
To enforce Title IX, the U.S. Department of Education maintains an Office for Civil Rights (OCR), with headquarters in Washington, DC and 12 offices across the United States.
Source: U.S. Department of Education, Office for Civil Rights. (2015). Title IX and Sex Discrimination.
Who is the Title IX Coordinator/Compliance Officer?
Lena Bundtzen, Assistant Superintendent, Human Resources, Campbell Union School District;
Email lbundtzen@campbellusd.org; Tel: 408-364-4200 ext. 6213
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:
Lena Bundtzen, Assistant Superintendent, Human Resources, Campbell Union School District; Email lbundtzen@campbellusd.org; Tel: 408-364-4200 ext. 6213 -
Source: MSD Administrative Regulation 1312.3 and links highlighted above
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.
Source: MSD Administrative Regulation 1312.3, 5 CCR 4630
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?
Our Nondiscrimination Policy (BP 5145.3 states:
District programs and activities shall be free from discrimination, including harassment, intimidation, and bullying of any student based on the student's actual or perceived sex, gender, ethnicity, ethnic group identification, religion, color, race, ancestry, national origin, nationality, and physical or mental disability, age, sexual orientation, ancestry, marital or parental or pregnancy status, gender identity, or gender expression, the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.
This policy shall apply to all acts related to school activity or to school attendance occurring within a district school, and to acts which occur off campus or outside of school-related or school-sponsored activities but which may have a significant impact or create a hostile environment at school
In accordance with California Education Code, 221.6, Campbell Union School District provides the following information for pupils and the public.
Are there community resources for youth who have experienced discrimination or bullying?
The California Department of Education compiled a list of organizations in our region that 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 below, please contact our office at 916-445-9174 or submit a suggestion via e-mail at oeoinfo@cde.ca.gov.
What is the district's definition of discrimination and harassment based on sex?
Campbell Union School District is committed to maintaining a learning and working environment that is free from harassment and discrimination based on sex. The Board prohibits the unlawful sexual harassment of students by any other student, employee, or other person at school or at school-sponsored or school-related activity. The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist or otherwise participate in the district complaint process.
Sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, and other unwanted verbal, visual or physical conduct of a sexual nature made against another person of the same or opposite gender in the educational setting, under any of the following conditions:
Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s academic status, or progress. Submission to, or rejection of, the conduct by the individual is used as the basis of academic decisions affecting the individual. The conduct has the purpose or effect of having a negative impact upon the individual’s academic performance, or of creating an intimidating, hostile, or offensive learning environment. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits. and services, honors, programs, or activities available at or through the educational institution any district program or activity.
Title IX Staff Training
What Training Does the District Provide to Staff?
Title IX Staff Training
Title IX Workshops
Title IX Coordinator has attended the following workshops.
Training provided by Atkinson, Andelson, Loyal, Ruud, & Romo Law Firm
Training prior to 2023
* Materials available upon request
Where Can I Find More Information?
Lena Bundtzen, Assistant Superintendent, Human Resources, Campbell Union School District; Email lbundtzen@campbellusd.org; Tel: 408-364-4200 ext. 6213
Or Contact Us At (408) 364-4200 x6254 or contact@campbellusd.org
Additional contacts 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: https://www.privatedaddy.com/?q=TEFsflhVMWl1U1drVkY-3D_1464/r=aHR0cHM6Ly93d3cuY2FtcGJlbGx1c2Qub3JnL3RpdGxlOQ-3D-3D/v=Mi4z/p=OC4yLjIx
- 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
Where Is The Title IX Athletics Data?
(for Grades 6-8 at this K-8 School)
(for Grades 6-8 at this K-8 School)