• Notice of Student Nondiscrimination/Notice of Nondiscrimination

     

    BP  0410: Nondiscrimination In District Programs And Activities

    Pittsburg Unified School District and the Board of Education desires to provide a safe school environment that allows all students equal access and opportunities in the district's academic and other educational support programs, services, and activities. District programs and activities shall be free from discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, mental or physical disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, martial or parental status, sex, sexual orientation; the perception of one or more of such characteristics; or association with a person or a group with one or more of these actual or perceived characteristics. This applies to all acts related to school activities or school attendance under the jurisdiction of the Superintendent. The Board shall promote programs which ensure that discriminatory practices are eliminated in all district activities.

    BP 5145.7: Student Sexual Harassment Policy

    Pittsburg Unified School District is committed to making schools free from sexual harassment. This means the District and the Board of Education is committed to maintaining an educational environment that is free from discrimination, harassment, intimidation and bullying. 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.

    BP 0410: Nondiscrimination In District Programs And Activities
    BP 5145.7: Student Sexual Harassment Policy

     

    Rights of Pupils and the Public and the Responsibilities of the District

    Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) (“Title IX”) is a federal law that protects individuals from discrimination based on sex in education programs or activities that receive Federal financial assistance, including state and local educational agencies. Under Title IX, 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 educational program or activity operated by the Pittsburg Unified School District.

    Information regarding the rights of pupils and the public, as well as information regarding the District’s obligations under Title IX may be accessed via the California Office of Equal Opportunity and the U.S. Department of Education’s Office for Civil Rights (“OCR”) at the following links:

    CDE Office of Equal Opportunity 
    DOE OCR 

    In addition to Title IX, the California Education Code and other state and federal laws also prohibit discrimination, harassment, intimidation and bullying to ensure equity in education.

     

    Your Rights 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.

     

    How to File a Discrimination, Bullying or Harassment Complaint

    a. Filing a Complaint with the District

    Pittsburg Unified School District believes discrimination, harassment, and bullying issues may be resolved at the school site. As such, students, parents/guardians may report any act of discrimination, harassment, or bullying by a student, staff member or third party to the site principal. The responsible school official will conduct a prompt, thorough and impartial investigation into the complaint.

    When sexual harassment is reported, interim steps will be taken to stop the alleged harassment and protect the victim pending outcome of the complaint.

    At any time during the complaint process, students or parents/guardians may contact the District’s Title IX Coordinator to file a complaint directly with the District pursuant to the District’s Uniform Complaint Procedures. A Uniform Complaint is a written statement alleging discrimination, harassment, or a violation of a federal or state law or regulation. Complaint forms are available at each school and in the District Office. Complaints may also be made verbally. A student or parent is not required to attempt resolution through the school site before contacting the District Title IX Coordinator and/or filing a Uniform Complaint.

    Pittsburg Unified School District Title IX Coordinator Contact Information:

    Anthony Molina
    Title IX Coordinator
    Executive Director, Educational Services
    Pittsburg Unified School District
    2000 Railroad Avenue
    Pittsburg, CA 94565
    (925) 473-2313
    amolina@pittsburg.k12.ca.us

    b. Filing a Complaint with the United States Department of Education Office for Civil Rights

    Individuals who wish to report alleged incidents of unlawful discrimination under Title IX or other federal laws prohibiting discrimination in programs or activities that receive federal financial assistance may file a complaint directly with OCR by contacting an OCR enforcement office to obtain a complaint form or by filing a discrimination complaint by using OCR’s online complaint form.

     

    Timeliness

    An individual who believes he or she has personally suffered unlawful discrimination, harassment, intimidation or bullying, or who believes an individual or any specific class of individuals has been subjected to discrimination, harassment, intimidation or bullying, may file a complaint with the District no later than six months from the date of the alleged incident of discrimination, or the date the complainant first obtained knowledge of the facts of the alleged discrimination. In cases where an individual wishes to file a complaint more than six months from the date of the alleged incident of discrimination, the individual may submit a written request for extension to the Superintendent or designee, which sets forth the reasons for the extension.

    The Superintendent or designee may extend the timeline for filing a complaint for good cause only, for a period not to exceed 90 days following the expiration of the six month time period. The Superintendent shall respond immediately upon receipt of a request for extension.

    Individuals who wish to file complaints alleging unlawful discrimination under Title IX or other federal laws prohibiting discrimination in programs or activities that receive federal financial assistance may do so directly through OCR. Such complaints must be filed within 180 calendar days after the discrimination. There are certain limited circumstances that allow OCR to grant a waiver. For more information regarding how to obtain a waiver of the timeline for filing a complaint with OCR, contact the OCR Enforcement Office for California at:

    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

     
    Investigation of Uniform Complaints, Including Complaints Alleging Unlawful Discrimination

    Pittsburg Unified School District will immediately undertake an effective, thorough, and objective investigation of the allegations in a Uniform Complaint, which will include an opportunity for the complainant, or complainant’s representative, or both, to present the complaint(s) and evidence or information leading to evidence to support the allegations of non-compliance with state and federal laws and/or regulations. Following the completion of the investigation, the District will issue a written decision to the complainant within 60 calendar days from the date of receipt of the complaint. The decision will include findings of fact based on the evidence gathered, conclusions of law, a decision on the complaint, reasons for the decision, and any corrective actions that have or will be taken if warranted, including remedies for the victim. The decision will also include notice of the complainant’s right to appeal the District’s decision to the California Department of Education (“CDE”), and procedures to be followed for initiating an appeal to the CDE.

     

    Action

    If the District determines that applicable laws and/or District policies prohibiting discrimination, harassment, or bullying have been violated, disciplinary action, up to and including expulsion or dismissal will be taken. Remedies will also be provided to the victim and remedial action(s) that are designed to end the harassment, address its effects, and prevent its recurrence will be required of the school site.

    Follow-up with the complainant will occur to ensure the harassment has stopped and that the complainant is not subject to retaliation.

    The district prohibits retaliation against any participant in the complaint process including witnesses. A separate Uniform Complaint may be filed if retaliation occurs against any individual involved in the processing of discrimination, harassment, or bullying complaint. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned.

     

    Pursuing Complaints with the California Department of Education or the United States Department of Education

    A complainant may appeal the District’s written decision regarding a Uniform Complaint to the CDE by filing a written appeal within fifteen calendar days of receiving the decision. More information regarding how a complainant may appeal the District’s decision on a uniform complaint is accessible via the CDE’s Uniform Complaint Procedures Website.

    For complaints alleging unlawful discrimination in violation of federal civil rights laws that prohibit discrimination in programs and activities that receive federal financial assistance, including Title IX, individuals may file such complaints directly through OCR by following OCR’s complaint procedures, which are accessible via OCR’s website.

    For more information regarding how to file a complaint alleging unlawful discrimination, individuals may contact the OCR Office for California, or OCR National Headquarters.

    OCR Office for California:

    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

    OCR National Headquarters:

    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: OCR@ed.gov