Manhattan Beach Unified School District

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Student Services » Title IX

Title IX

TITLE IX NOTIFICATION

Manhattan Beach Unified School District

325 S. Peck Ave

Manhattan Beach, CA 90266

Telephone: (310) 318-7345 • FAX (310) 303-3822


The Manhattan Beach Unified School District is committed to providing educational programs, activities and practices that are free from unlawful discrimination, harassment, intimidation, and/or bullying based on actual or perceived legally protected characteristics, or association with a person or group with one or more of such characteristics, including sex, sexual orientation, gender, gender identity, and gender expression, as required by Title IX of the Education Amendments of 1972 and California law. Please refer to Board Policy 0410 Nondiscrimination in District Programs and Activities for more information on the District’s anti-discrimination policies. The Title IX information provided here applies to all applicants for admission and employment, students and parents or guardians of elementary and secondary school students, and employees, and to every school site and all District programs and activities.

Title IX

Title IX is a federal law which prohibits discrimination based on sex (including sexual harassment) in programs or activities that receive federal funding. Title IX requires all individuals in educational settings to be treated equally and fairly regardless of sex. Title IX protects transgender students and students whose gender expression differs from stereotypical expectations. California law also prohibits discrimination based on sex, sexual orientation, gender, gender expression, and gender identity.

Title IX covers many topics including athletics; sexual misconduct, including sexual harassment and sexual violence; pregnant and parenting students; off-campus school-sponsored and school-related activities; and employment. 

Summary of Student Rights (California Education Code § 221.8)

The following is a list of the rights of all students and the public included in Education Code 221.8: 

  1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex. 
  2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics. 
  3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school. 
  4. You have the right to apply for athletic scholarships. 
  5. 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.
  6. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws. 
  7. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws. 
  8. 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. 
  9. You have the right to pursue civil remedies if you have been discriminated against. 
  10. You have the right to be protected against retaliation if you file a discrimination complaint.

Responsibilities of the School District

The District is responsible for operating its educational programs in a non-discriminatory manner. The District must prevent discrimination on the basis of sex in its programs and activities and prohibit retaliation against any person for opposing an unlawful practice or policy, or filing, testifying about, or participating in any complaint under Title IX.

The District has a responsibility to respond promptly and effectively to allegations of sex-based discrimination, including sexual harassment and sexual violence. 

For more information about a school district's responsibilities under Title IX, please visit:

  • US Department of Education, Title IX Overview LINK
  • US Department of Education, Office for Civil Rights LINK
  • Office of U.S. Equal Employment Opportunity Commission LINK
  • California Office of Equal Opportunity LINK 

 

How to File a Title IX Complaint

Anyone who believes they have experienced, witnessed or received a report of discrimination because of their sex (including sexual harassment) in violation of Title IX may file a complaint with the District and/or the Office for Civil Rights (OCR).  Consistent with federal and California law, the District has established the following procedures for addressing Title IX complaints. 

Filing a Title IX Complaint with the District

Title IX complaints can be filed with the District by submitting the complaint to the District’s Title IX Coordinator.  

District Title IX Coordinator/Nondiscrimination Coordinator/UCP Compliance Officer 

Kerry Riccio Aguero

Director of Student Services

(310) 318-7345, Ext. 5989

[email protected]

Manhattan Beach Unified School District

325 South Peck Avenue

Manhattan Beach, CA  90266

 

Questions or complaints alleging discrimination, harassment, intimidation, bullying, and equity concerning District employees or non-students may also be directed to the Assistant Superintendent of Human Resources using the contact information below. The Assistant Superintendent of Human Resources serves as the District’s Nondiscrimination Coordinator for employment matters and as one of the District’s UCP Compliance Officers.

District Nondiscrimination Coordinator/UCP Compliance Officer

Tom Stekol, Ed.D.

Assistant Superintendent of Human Resources and Student Services

(310) 318-7345, Ext. 5971

[email protected] 

Manhattan Beach Unified School District

325 South Peck Avenue

Manhattan Beach, CA  90266

 

Federal law requires the District apply different procedures for Title IX sexual harassment complaints than the procedures applicable to Title IX discrimination complaints and employment discrimination complaints.  Below is the information applicable to each type of complaint.   

A. Title IX Complaints Alleging Sex Discrimination (excluding Sexual Harassment)

The District’s Uniform Complaint Procedures (“UCP”) will be used to address most complaints alleging unlawful discrimination (such as discriminatory harassment, intimidation or bullying), including sex discrimination. The District’s UCP are set forth in Board Policy (“BP”) and Administrative Regulation (“AR”) 1312.3, Uniform Complaint Procedure, available here BP 1312 and AR 1312.3

The District’s UCP Complaint Form is available HERE. Complaints may be filed with the Title IX Coordinator or a UCP Compliance Officer in person, by mail, or by email.  If someone is unable to put their complaint in writing due to conditions such as disability or illiteracy, District staff will assist them in filing a complaint.   

UCP complaints alleging unlawful discrimination, including discriminatory harassment, intimidation or bullying, must be filed no later than six (6) months from the date when the alleged unlawful discrimination occurred, or six (6) months from the date when the complainant first obtained knowledge of the facts of the alleged unlawful 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.

Complaints alleging unlawful sex discrimination will be investigated consistent with the investigation procedures set forth in AR 1312.3 - Uniform Complaint Procedures.

B. Complaints Alleging Employment Discrimination (excluding Sexual Harassment)

 

The Board prohibits employment discrimination on the basis of sex.  BP 4030, Nondiscrimination in Employment.  Reports alleging discrimination in employment on the basis of sex will be addressed in accordance with AR 4030 - Nondiscrimination in Employment.  These procedures apply to complaints of employment discrimination by employees, job applicants, interns, volunteers, and other persons contracted to provide services to the District. 

A written complaint may be filed with the Title IX Coordinator or Nondiscrimination Coordinator in person, by mail, or by email. The Complaint should contain the complainant’s name, the name of the individual who allegedly engaged in the conduct, a description of the conduct alleged, the date(s) and location(s) where the alleged conduct occurred, any witnesses who may have relevant information, any available evidence of the discrimination, and any other pertinent information which may assist in addressing the complaint.  

A complainant may report a concern to their direct supervisor, another supervisor, the Title IX Coordinator or Nondiscrimination Coordinator, or the Superintendent. 

Complaints alleging unlawful employment discrimination on the basis of sex will be investigated consistent with the investigation procedures set forth in AR 4030 - Nondiscrimination in Employment

C. Complaints Alleging Sexual Harassment (including Sexual Misconduct)

Anyone who believes they have experienced, witnessed or received a report of sexual harassment is strongly encouraged to report the incident to the District’s Title IX Coordinator, a District administrator, or any District employee with whom the person is comfortable.  District employees receiving a report of or witnessing sexual harassment are required to report it to the Title IX Coordinator.

Upon receiving a report of sexual harassment, the Title IX Coordinator will promptly contact the alleged victim(s) to discuss the availability of supportive measures, inform the them of their right to file a formal complaint and explain the process for filing a formal complaint.

A Formal Title IX Complaint Form is available HERE. A formal complaint, with the complainant’s physical or digital signature, may be filed with the Title IX Coordinator in person, by mail, or by email. If someone is unable to put their complaint in writing due to conditions such as disability or illiteracy, District staff will assist them in filling a complaint.

Upon receipt of a report of sexual harassment, the Title IX Coordinator will promptly take appropriate steps to address the allegations consistent with the applicable procedures.  The procedures applicable to Title IX sexual harassment complaints are set forth in AR 4119.12/4219.12/4319.12 and AR 5145.71, Title IX Sexual Harassment Complaint Procedures.  Reports of sexual harassment by non-employees, which are not covered by the definition of Title IX Sexual Harassment, will be addressed in accordance with AR 1312.3 - Uniform Complaint Procedures and in accordance with AR 4030 - Nondiscrimination in Employment for employees.  The determination of whether the allegations meet the definition of Title IX Sexual Harassment under Title IX will be made by the District’s Title IX Coordinator. 

The materials used to train the District’s Title IX Coordinator and Title IX Team are available HERE.

 

Other Types of Complaints 

In addition to the complaint procedures applicable to Title IX complaints, complaints concerns other matters can often be filed using the District’s other complaint procedures, which are included in the District’s Policy Manual. Some examples include the following:  

 

For questions about how to file a Title IX complaint or any other complaint with the District, please contact the appropriate Coordinator: 

Filing a Complaint with OCR

A complainant also has the right to file a complaint with the U.S. Department of Education’s Office for Civil Rights within 180 days of the date of the most recently alleged misconduct. If the complaint involves matters that occurred longer ago than this, a complainant may request a waiver of the requirement from OCR by providing an explanation as to why the complaint was delayed. Information regarding OCR’s investigation process can be found HERE.

Additional information about filing a complaint with OCR is available HERE. OCR complaints can be submitted to OCR using that link or by mail or fax.  

OCR's Discrimination Complaint Form is available HERE

Contact information for the U.S. Department of Education Office for Civil Rights:

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; T

DD: 800-877 8339

Email: [email protected]

For information or assistance 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: [email protected]

 

Police Report 

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

 

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