Investigation Procedure
Upon receipt of any complaint related to a potential Title IX violation, the District will ensure the allegations are investigated promptly, adequately and impartially. The Title IX Coordinator will promptly meet with the complainant to listen to the complainant’s concerns and inform the complainant of the process for filing a formal complaint, including their right to file or not to file a formal Title IX complaint. The complainant will also be informed of informal resolution options, which the District may facilitate, if desired.
Supportive Measures
The District will offer and seek to implement supportive measures for the involved parties. Supportive measures are designed to restore or preserve equal access to the district’s educational program or activity without unreasonably burdening the other party. In addition, the District will take steps to protect complainants from retaliation and ensure all parties are treated fairly throughout the District’s investigation process. As part of its Title IX obligations, the District also makes efforts to prevent recurrence of any unlawful discrimination, harassment, or sexual violence and remedy discriminatory effects on the complainant and others, as appropriate.
Investigation
Under Title IX, the investigation will be completed within a reasonably prompt time frame. The District will assign an investigator to investigate the allegations contained in the complaint. Generally, the investigation process under Title IX involves the following steps:
- Written notice to the parties of the Title IX complaint and procedure;
- Interviews with involved parties and witnesses to gather evidence;
- Provision to both parties the evidence obtained that is directly related to the allegations raised in the complaint, and at least 10 days to submit a written response for the investigator to consider prior to the completion of the investigative report;
- Objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and determinations of credibility in a manner that is not based on a person’s status as a complainant, respondent, or witness;
- Final investigative report that fairly summarizes relevant evidence which is sent to the parties for their review and written response at least 10 days prior to the determination of responsibility;
- Opportunity to respond to the investigation report and submit written, relevant questions that the party wants asked of any party or witness, provide each party with the answers, and potentially allow for additional, limited follow-up questions from each party.
Throughout this process, the respondent is considered not responsible until the investigation is completed. The decision-maker shall issue a written decision as to whether the respondent is responsible for the alleged conduct, which will be simultaneously transmitted to both parties. (34 CFR § 106.45). In making this determination, the decision-maker shall use the “preponderance of the evidence” standard for all formal complaints of sexual harassment. The same standard of evidence shall be used for formal complaints against students as for complaints against employees. (34 CFR § 106.45). Detailed explanations of the Title IX Complaint Procedure can be found in AR 4119.56 and AR 5145.77.
Appeals and Other Remedies Available
After an investigation, any party not satisfied with the final written determination will have the option to appeal the final determination on certain bases, within 10 calendar days, as outlined in AR 4119.56 and AR 5145.77.
Additionally, any student complainant who is dissatisfied with the District’s determination may file an appeal in writing with the California Department of Education within 30 calendar days of the District’s written determination, which shall serve as the Investigation Report required as part of California’s Uniform Complaint Procedures (cf. BP/AR 1312.3 – Uniform Complaint Procedures).
Any employee complainant may file a complaint with the Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC). The deadline for filing a complaint with CRD alleging a violation of Government Code 12940-12952 is within three years of the alleged discriminatory act(s), unless an exception exists pursuant to Government Code 12960 (Government Code 12960). The deadline for filing a complaint with EEOC is within 180 days of the alleged discriminatory act(s) (42 USC 2000e-5). If an employee complainant is filing a complaint with EEOC after first filing a complaint with CRD, this must be done within 300 days of the alleged discriminatory act(s) or within 30 days after the termination of proceedings by CRD, whichever is earlier (42 USC 2000e-5).
OCR Complaint
The complainant also has a right to file a complaint of sexual harassment or discrimination to the California Department of Education’s Office of Equal Opportunity, within 180 calendar days of the date of the alleged discrimination (unless the time for filing is extended by the Office of Civil Rights for good cause shown). A discrimination complaint may also be filed directly with the U.S. Department of Education’s Office of Civil Rights.
For additional information regarding filing a complaint with OCR, please contact 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
FAX: 415-486-5570
TDD: 800-877-8339
Email: ocr.sanfrancisco@ed.gov
