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 school districts to take immediate and
appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

Noelle DeBortoli, HR Director, is Title IX Coordinator for the Red Bluff Union Elementary School District and
can be reached by email at ndebortoli@rbuesd.org or by phone at (530) 527-7200, ext. 113.

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 § 1681 et seq.), may be used by the
department for purposes of Section 221.6:
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 the Title IX coordinator to answer questions regarding gender
equity laws.
g. You have the right to contact the State Department of Education and 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/gender.
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.

Student complaints shall be submitted in written form in accordance with Superintendent Policy 5145.3
and 5145.7 and Administrative Regulation 1312.3 attached at the conclusion of this document. If the
complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so.
The COE provides a complaint form at the conclusion of this document.
Complaints must be filed within six months from the date when the alleged unlawful discrimination
occurred, or from the date the complainant first obtained knowledge of the facts of the alleged
discrimination, harassment, intimidation, or bullying that is based on sex. The time for filing may be
extended up to 90 days by the Superintendent or the Superintendent’s designee, for good cause, upon
written request by the complainant setting forth the reasons for the request for an extension of time to file
a written complaint.
The compliance officer may informally discuss with all the parties the possibility of using mediation within
three business days after his or her receipt of the complaint. All complaints shall be appropriately
investigated in a timely manner. Within 10 business days after the compliance officer receives the
complaint, the compliance officer shall begin an investigation into the complaint. The investigation shall
include an opportunity for the complainant, or the complainant’s representative, or both, to present the
compliance officer with any evidence, or information leading to evidence, to support the allegations in
the complaint. Unless extended by a written agreement with the complainant, the Red Bluff Union
Elementary School District shall issue a written decision based on the evidence within 60 calendar days
from receipt of the complaint by the Tehama County Department of Education.
Any complainant who is dissatisfied with the final written decision may file an appeal in writing with the
California Department of Education within 15 calendar days of receiving the decision.
Complaints made by or on behalf of students may also be filed with the U.S. Department of Education,
Office of Civil Rights 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 under certain circumstances.
Additional details about procedures for filing a complaint may be found in within the content of
Superintendent Policies 5145.3 and 5145.7 and Administrative Regulation 1312.3.

 

United States Department of Education Office for Civil Rights
United States Department of Education Office for Civil Rights Complaint Form
United States Department of Education Office for Civil Rights Contact information:
By email: orocr@ed.gov or by Phone: 1-800-421-3481
California Department of Education Office of Equal Opportunity

For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

(a) On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity.

(b) On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex.

(c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, “equivalent” means equal or equal in effect.

(d) An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations as that section exists on January 1, 2003, using any one of the following tests:

(1) Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.

(2) Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.

(3) Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program.

(e) If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.

(f) It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.

(g) On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.

(h) On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions.