Title IX and Gender Equity

The San Joaquin County Office of Education (SJCOE) desires to provide a safe school environment that allows all students equal access and opportunities in academic and other educational support programs, services, and activities. SJCOE prohibits unlawful discrimination, harassment, intimidation, and bullying of any student based on actual race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, gender non- conformance, or gender stereotyping; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.

SJCOE recognizes it is legally responsible for addressing harassment incidents about which it knows or reasonably should have known. SJCOE employees shall take immediate and appropriate action to investigate or otherwise determine what occurred when put on notice that a student has been subjected to harassment.

SJCOE Title IX Coordinator

SJCOE Title IX Coordinator Deanna Moreno can be contacted at (209) 468-9243 and dmoreno@sjcoe.net.

Rights of Pupils and the Public

Information about the rights of students can be found at the U.S. Department of Education Office of Civil Rights and the California Department of Education Office for Equal Opportunity.

California 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. Sec. 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 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 complaint

San Joaquin County Office of Education (SJCOE) has the primary responsibility to insure compliance with applicable state and federal laws and regulations and has established procedures to address allegations of unlawful discrimination, harassment, intimidation, bullying and complaints alleging violation of state or federal laws governing educational programs. SJCOE shall investigate and seek to resolve complaints using policies and procedures known as the Uniform Complaint Procedures (UCP) adopted by the San Joaquin County Board of Education.

Complaints must be filed in writing with the following compliance officer:

Director of Human Resources
2922 Arch Airport Road, Stockton, CA 95206 (physical)
P.O. Box 213030, Stockton, CA 95213-9030 (mailing)
FAX: (209) 468-9226

The SJCOE ensures that the Director of Human Resources responsible for compliance and/or investigations is knowledgeable about the laws/programs that he/she is assigned to investigate.

Complaints alleging unlawful discrimination, harassment, intimidation, bullying, or related retaliation must be filed within six months from the date the alleged discrimination, harassment, intimidation, bullying, or retaliation occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, bullying, or retaliation.

Complaints will be investigated and a written decision or report will be sent to the complainant within 60 days from the receipt of the complaint. This 60 day time period may be extended by written agreement of the complainant. The Director of Human Resources shall conduct and complete the investigation in accordance with 5 CCR §§ 4680-4687 and in accordance with local procedures adopted under 5 CCR § 4621.

Any complainant who is dissatisfied with the final written decision has a right to appeal the decision made by SJCOE to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving the decision. The complainant must specify the reason(s) for appealing the decision and whether the facts are incorrect and/or the law has been misapplied. The appeal must include a copy of the locally filed complaint and the decision.

For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the complainant may:

1. Pursue available civil law remedies outside of the SJCOE complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, 60 calendar days after the filing of an appeal with the CDE. (Ed. Code, § 262.3)

2. The 60 days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Ed. on Code, § 262.3)

3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within 180 days of the alleged discrimination.

Additional information from the U.S. Department of Education Office for Civil Rights, including its Electronic Complaint Form. The Office for Civil rights can be contacted at 1-800-421-3481 or ocr@ed.gov.

SJCOE Policies

Uniform Complaint Procedure

Uniform Complaint Procedure – Policy
Uniform Complaint Procedure – Administrative Regulation
Uniform Complaint Procedure – Annual Notification

Español Uniform Complaint Procedure – Policy
Español Uniform Complaint Procedure – Administrative Regulation
Español Uniform Complaint Procedure – Annual Notification

Nondiscrimination/Harassment/Sexual Harassment Policy
Nondiscrimination in Programs and Services – Policy
Español Nondiscrimination in Programs and Services – Policy

Nondiscrimination/Harassment – Policy
Español Nondiscrimination/Harassment – Policy

Sexual Harassment – Policy
Sexual Harassment – Administrative Regulation
Español Sexual Harassment – Policy
Español Sexual Harassment – Administrative Regulation

Personnel Policies
Visit the Human Resources Personnel Policies webpage by clicking here.