Uniform Complaint Procedures & Title IX
Uniform Complaint Procedures & Title IX
Embedded Files
Safe Place to Learn Act
Safe Place to Learn Act
For students, employees, parents or guardians of students, school and district advisory committees, agents of the Board of Education, and the general public:
The Union School District is committed to maintaining a learning environment that is free from discrimination, harassment, violence, intimidation, and bullying based on actual or perceived characteristics set forth in Section 422.55 of the Penal Code and EC 220, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. All school personnel who witness an act of discrimination, harassment, violence, intimidation, or bullying must take immediate steps to intervene when safe to do so. Any student who engages in acts of discrimination, harassment, violence, intimidation, or bullying related to school activity or school attendance occurring within a school of the school district may be subject to disciplinary action up to and including expulsion. To report an incidence and/or to receive a copy of the district’s anti-discrimination, anti-harassment, anti-violence, anti-intimidation, and anti-bullying policies, please contact the Associate Superintendent of Human Resources, Aaron Brengard at brengarda@unionsd.org or 408-377-8010 x44233.
Board Policies:
Additional resources:
Complaints
Complaints
Uniform Complaint Procedures
Uniform Complaint Procedures
The district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The district’s uniform complaint procedures shall be used to investigate and resolve any complaints alleging failure to comply with state and/or federal laws related to harassment, intimidation or other offenses related to: (1) Equity in age, actual or perceived sex, sexual orientation, sex, gender, gender expression, ethnic group identification, race, ancestry, genetic information, national origin, religion, color, or mental or physical disability or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics. (2) Compliance with state and federal law in categorical aid programs. (3) Childcare programs. (4) Child nutrition programs. (5) Special Education programs. (6) School Safety Plan. (7) Fees and charges. (8) Local Control and Accountability Plan (LCAP).
Uniform Complaint Procedure Form
Williams Uniform Complaint Procedures
Williams Uniform Complaint Procedures
For complaints related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, and/or teacher vacancies and misassignments, the district compliance will follow the Williams uniform complaint procedures to investigate and resolve the matter.
Williams Uniform Complaint Form
For more information, please visit the California Office of Equal Opportunity
Title IX
Title IX
Title IX Sexual Harassment Complaints Procedures
How do I file a Title IX Complaint?
How do I file a Title IX Complaint?
Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et. seq. (Title IX) prohibits discrimination on the basis of sex in educational programs and activities that receive or benefit from Federal financial assistance. Generally, a school district may not excuse, deny, or provide different or lesser services to applicants or beneficiaries on the basis of sex. Sex discrimination includes a hostile environment created by sexual harassment or sexual violence in the educational setting.
Students, staff, community members, and guests of the Union School District have the right to be free from all forms of sex/gender harassment, discrimination, and misconduct, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. All members of the district, including community members and guests, are expected to conduct themselves in a manner that does not infringe upon the rights of others. When misconduct is brought to an appropriate administrator’s attention, protective and other remedial measures will be used to reasonably ensure that such conduct ends immediately, is not repeated, and effects on the victim and community are remedied, including serious sanctions when a responding party is found to have violated policies.
Title IX complaints may be pursued in several ways:
Title IX complaints may be pursued in several ways:
Report an incident to a school district employee, site principal, or Title IX Coordinator
Send an email to Aaron Brengard: brengarda@unionsd.org
Complete the Title IX Complaint form and turn it in to the District Office, Aaron Brengard, or a school site administrator.
Complaints do not have to be completed on a formal complaint form. You may send a complaint via email or letter to the District office.
Title IX Complaints follow the Uniform Complaint Procedures, District’s Administrative Regulation 1312.3 – Uniform Complaint Procedures, and uses the preponderance of evidence as a standard for proof of whether a violation has occurred.
Title IX regulations AR 5145.71 require the following initial steps for sexual harassment complaints:
Title IX regulations AR 5145.71 require the following initial steps for sexual harassment complaints:
Upon receiving a report of sexual harassment, the Title IX Coordinator explains the complainant of the process for filing a formal complaint.
Title IX Coordinator offers interim supportive measures to the complainant such as counseling, course-related adjustments, modification of class schedules, etc, pending completion of the investigation, and informs the complainant that supportive measures are available with or without the filing of a formal complaint.
If a formal complaint has been filed, the Title IX Coordinator shall provide the known parties with written notice of the following:
1. Information that the District’s complaint process complies with the Title IX regulations, including:
a. The allegations potentially constituting sexual harassment with sufficient details known at the time, including the identity of parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident if known. Such notice shall be provided with sufficient time for the parties to prepare a response before any initial interview. If, during the course of the investigation, the district investigates allegations about the complainant or respondent that are not included in the initial notice, the Title IX Coordinator shall provide notice of the additional allegations to the parties.
b. A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the complaint process.
c. The opportunity for the parties to have an advisor of their choice who may be, but is not required to be, an attorney, and the ability to inspect and review evidence.
d. The prohibition against knowingly making false statements or knowingly submitting false information during the complaint process.
These are just the initial steps, and there are no timelines for these. To learn more, please review AR 5145.71 online [here.] Following these steps, the investigator interviews witnesses and creates a report summarizing relevant evidence but does not include a decision. At least ten days prior to making a determination/decision, the District must send the investigator’s report to both parties and their advisors for their review and response.
After sending the investigative report to the parties and before reaching a determination regarding responsibility, the District must afford each party the opportunity to submit written, relevant questions that the party wants asked of any party or witness. The District must provide each party with the answers, and allow for additional, limited follow-up questions from each party.
The Decision Maker shall issue and simultaneously provide to both parties a written decision. The District will provide a reasonably prompt process. The timeline may be temporarily extended for good cause with written notice to the complainant and respondent of the extension and the reasons for the action.
Individuals experiencing harassment or discrimination always have the right to file a formal grievance with government authorities.
Education Code section 221.8 provides for the following under Title IX:
Education Code section 221.8 provides for the following under Title IX:
(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.
For more information on Title IX, please visit the Office of Civil Rights. The OCR Complaint form can be found here.
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