Title IX

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statues, Title IX of the Education Amendments of 1972. Title IX protects all participants in Hart District education programs and activities, including students, parents, employees, and job applicants. The District 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 (CA Ed Code: 230). Other State and Federal laws also prohibit discrimination and ensure equality in education.

 

The Governing Board is committed to maintaining an educational environment that is free from harassment. The Board prohibits sexual harassment of students by other students, employees or other persons, at school or at school-sponsored or school-related activities.

 

The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist or otherwise participate in the complaint process established pursuant to this policy and the administrative regulation.

 

For all employees, applicants and students, District programs and activities shall be free from harassment, discrimination, intimidation and bullying based on gender, gender identity, gender expression race, color, religion, ancestry, national origin, ethnic group, marital or parental status, physical or mental disability, sexual orientation or the perception of one or more of such characteristics.

 

If you or someone you know is being discriminated against, has experienced sexual harassment, or has been sexually assaulted, please contact any administrator at your site or contact the Title IX coordinator:

 

Mark Crawford

District Title IX Coordinator
Wm. S Hart Union High School District
21380 Centre Pointe Parkway
Santa Clarita, CA 91350
Phone: 661-259-0033, ext. 316

 

The contact information for the District's 504 Coordinator is as follows:

 

Mrs. Erum Velek 

Wm. S Hart Union High School District
21380 Centre Pointe Parkway
Santa Clarita, CA 91350
Phone: 661-259-0033, ext. 212

 

In the event of a complaint regarding gender equity or sexual harassment, or discrimination, including harassment, intimidation and bullying because of actual or perceived disability, sex, gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion, sexual orientation, age, marital or parental status, or association with a person or group with one or more of these actual or perceived characteristics, contact the designated Title IX Coordinator above.

 

Federal Title IX of the Education Amendments of 1972 (“Title IX”), implemented at 34 C.F.R. § 106.31, subd. (a), provides that 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 academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives federal financial assistance. Relevant here, Title IX requires the William S. Hart Union High School District to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

 

Additional information regarding participants’ rights and responsibilities may be found on the internet websites of the US Department of Education Office for Equal Opportunity and the US Department of Education Office for Civil Rights.

 

US Dept. of Education - https://www.ed.gov/

US Dept. of Education – Title IX - https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html

California Dept. of Education Equal Opportunity & Access - https://www.cde.ca.gov/re/di/eo/

Office for Civil Rights – Know Your Rights - https://www2.ed.gov/about/offices/list/ocr/know.html

 

 

 

Education Code section 221.8 provides as follows:

 

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:

Anyone who believes they have experienced, witnessed or received a report of Title IX Sexual Harassment is strongly encouraged to report the incident to the District’s Title IX Coordinator, District administrator, or any District employee with whom the person is comfortable. District employees receiving a report of or witnessing Title IX Sexual Harassment are required to report it to the Title IX Coordinator. An employee who fails to promptly report or forward a report of Title IX Sexual Harassment to the Title IX Coordinator may be disciplined, up to and including dismissal.

 

Title IX Coordinator
Mark Crawford
21380 Centre Pointe Parkway
Santa Clarita, CA 91350
661-259-0033
[email protected]

 

A formal complaint, with the complainant’s physical or digital signature, may be filed with the Title IX Coordinator in person, by mail, by email. (34 CFR 106.30) Even if the alleged victim chooses not to file a formal complaint, the Title IX Coordinator may sign a formal complaint in situations when a safety threat exists and in other situations as permitted under Title IX, including as part of the District’s obligation to not be deliberately indifferent to known allegations of Title IX Sexual Harassment. In such cases, the Title IX Coordinator is not a party to the formal complaint. The Title IX Coordinator will provide notices to the complainant as required by Title IX. The District may consolidate formal complaints of Title IX Sexual Harassment against more than one respondent, or by more than one complainant, or by one party against another, where the allegations of Title IX Sexual Harassment arise out of the same facts or circumstances.

 

Upon receiving such a report, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, inform the complainant of the right to file a formal complaint and explain the process for filing a formal complaint. (34 CFR 106.44)

 

The District treats complainants and respondents engaging in the formal complaint process equitably. Respondents are presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of this formal complaint process. (34 CFR 106.45(b)(1)(iv)) The District complies with this formal complaint process before imposing disciplinary sanctions or other actions that are not supportive measures against a respondent. (34 CFR 106.45(b)(1)(i))

 

The decisionmaker shall issue, and simultaneously provide to both parties, a written determination as to whether the respondent is responsible for the alleged conduct. (34 CFR 106.45(b)(7)) In making this determination, the decisionmaker shall use the “preponderance of the evidence” standard for all formal complaints of Title IX Sexual Harassment. (34 CFR 106.45(b)(1)(vii)) The decisionmaker will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence, and determine credibility in a manner that is not based on a person’s status as a complainant, respondent, or witness. (34 CFR 106.45(b)(1)(ii))

 

The written determination shall be issued within 90 work days of the receipt of the formal complaint. However, the time for completing the formal complaint process will be temporarily delayed during school recess periods exceeding three days. The timeline may be extended for good cause with written notice to the complainant and respondent of the extension and the reasons for the action. Good cause may include, but is not limited to, absence of a party, witness, or party advisor; concurrent law enforcement activity; participation in the informal resolution process; or need for language assistance or disability accommodation. (34 CFR 106.45(b)(1)(v))

 

For more information, please consult the following district board policy and administrative regulations:

 

 

For directions on filing a Title IX complaint, visit the following link to the US Office of Civil Rights website. A complaint must ordinarily be filed within 180 days of the last act of discrimination. If your complaint involves matters that occurred longer ago than this and you are requesting a waiver, you will be asked to show good cause why you did not file your complaint within the 180-day period.

 

How to file a complaint:
https://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt

 

Complaint process flowchart:
https://cdn.atixa.org/website-media/atixa.org/wp-content/uploads/2015/12/12193504/How-To-Send-A-Title-IX-Complaint-to-The-U.S.-Department-of-Education-and-U.S.-Department-of-Justice.pdf