Title IX Parent Notification

Long Beach Unified School District
Title IX Notification

The Long Beach Unified School District is committed to providing a safe and equitable learning environment for all students. With this responsibility, we provide the following information pursuant to Education Code section 221.61.

AR 5145.71 Title IX Sexual Harassment Complaint Procedures (English)

AR 5145.71 Procedimientos de Denuncia de Acoso Sexual del Título IX (Spanish)

The name and contact information of the Title IX Coordinator and Equity Compliance Officer

Title IX Coordinator, Equity Compliance Officer, UCP Compliance Officer
Steve Rockenbach, Director of Employee Relations
1515 Hughes Way, Long Beach, CA 90810
562-997-8220 
srockenbach@lbschools.net

Summary of Pupil Rights (Education Code section 221.8)

For information regarding student rights under Title IX, please visit:

1. The California Office of Equal Opportunity
2. The United States Department of Education Office for Civil Rights
   1. The School's / District's Responsibility (Athletes Bill of Rights)
      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 for 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.
   2. Description of Responsibilities Title IX of the Education Amendments of 1972 prohibits discrimination based on sex within federally funded education institutions. Thus, all educational programs and activities must be operated free from discrimination. Key areas addressed by Title IX include: athletics; sexual misconduct, including sexual harassment and sexual violence; pregnant and parenting students; off-campus activities; recruitment and admission; and employment. Education institutions must protect against discrimination in these areas and prevent retaliation against any person for participating in any complaint action under Title IX.
   3. Harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
      7. On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and non-students, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.
      8. 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.

How to File a Title IX Complaint

Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the District or the Office for Civil Rights (“OCR”). If a crime is involved, such as sexual assault or rape, individuals may also file a report with the local police department. A person may pursue one or all of these avenues at the same time. Below is a summary of each process.

1. District Complaint

   The full Title IX Sexual Harassment Complaint Procedures can be found here: AR 5145.71
   
   A student who is the alleged victim of sexual harassment, or the student's parent/guardian, may submit a written or oral report of sexual harassment to the district's Title IX Coordinator using the contact information listed in AR 5145.7 - Sexual Harassment or to any other available school employee, who shall forward the report to the Title IX Coordinator within one day of receiving the report. Complaints should be filed within 180 days of the last date of the alleged discrimination or harassment.
   
   Upon receiving such a report, the Title IX Coordinator shall inform the complainant of the right to file a formal complaint and the process for filing a formal complaint. (34 CFR 106.44)
   
   A formal complaint, with the complainant's physical or digital signature, may be filed with the Title IX Coordinator in person, by mail, by email, or by any other method authorized by the district. (34 CFR 106.30)
   
   If the complainant fails to submit a complaint or withdraws all allegations in the complaint, the Title IX Coordinator must decide whether to initiate a complaint.

   The Title IX Coordinator has several factors they must consider when determining whether to initiate a complaint:

   1. The complainant’s wishes;
   2. The complainant’s reasonable safety concerns;
   3. Risk of additional discrimination;
   4. The severity of the allegations, including whether they would justify removing the respondent;
   5. Age and relationship of the parties;
   6. Scope of the discrimination;
   7. Availability of evidence; and
   8. Whether the district can end the discrimination and prevent recurrence without a complaint.
       

   Upon receipt of a report of Title IX sexual harassment, the Title IX Coordinator shall promptly contact the complainant to discuss the availability of supportive measures and shall consider the complainant's wishes with respect to the supportive measures implemented. Supportive measures shall be offered as appropriate, as reasonably available, and without charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures shall be nondisciplinary, nonpunitive, and designed to restore or preserve equal access to the district's education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the district's educational environment or to deter sexual harassment. Supportive measures may include, but are not limited to, counseling, course-related adjustments, modifications of class schedules, mutual restrictions on contact, increased security, and monitoring of certain areas of the campus. (34 CFR 106.30, 106.44)
   
   Investigation Procedures
   During the investigation process, the district's designated investigator shall: (34 CFR 106.45)

   1. Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence
   2. Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence
   3. Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney
   4. Not limit the choice or presence of an advisor for either the complainant or respondent in any meeting or grievance proceeding, although the district may establish restrictions regarding the extent to which the advisor may participate in the proceedings as long as the restrictions apply equally to both parties
   5. Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings, with sufficient time for the party to prepare to participate
   6. Send in an electronic format or hard copy to both parties and their advisors, if any, the evidence or to review an accurate description of the evidence obtained as part of the investigation that is directly related to the allegations raised in the complaint, and provide the parties a reasonable opportunity to respond to submit a written response for the investigator to consider prior to the completion of the investigative report
   7. Objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence, and determine credibility in a manner that is not based on a person's status as a complainant, respondent, or witness
   8. Create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to the determination of responsibility, send to the parties and their advisors, if any, the investigative report in an electronic format or a hard copy, for their review and written response
       

   Questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant or if the questions and evidence concern specific incidents of the complainant's prior sexual behavior with respect to the respondent and are offered to prove consent. (34 CFR 106.45)
   
   Corrective/Disciplinary Actions
   The district shall not impose any disciplinary sanctions or other actions against a respondent, other than supportive measures as described above in the section "Supportive Measures," until the complaint procedure has been completed and a determination of responsibility has been made. (34 CFR 106.44)
   
   For students in grades 4-12, discipline for sexual harassment may include suspension and/or expulsion. After the completion of the complaint procedure, if it is determined that a student at any grade level has committed sexual assault or sexual battery at school or at a school activity off school grounds, the principal or Superintendent shall immediately suspend the student and shall recommend expulsion. (Education Code 48900.2, 48915)
   
   Other actions that may be taken with a student who is determined to be responsible for sexual harassment include, but are not limited to:

   1. Transfer from a class or school as permitted by law
   2. Parent/guardian conference
   3. Education of the student regarding the impact of the conduct on others
   4. Positive behavior support
   5. Referral of the student to a student success team
   6. Denial of participation in extracurricular or cocurricular activities or other privileges as permitted by law
       

   When an employee is found to have committed sexual harassment or retaliation, the district shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement.

   Appeals
    Either party may appeal the district's decision or dismissal of a formal complaint or any allegation in the complaint, if the party believes that a procedural irregularity affected the outcome, new evidence is available that could affect the outcome, or a conflict of interest or bias by the Title IX Coordinator, investigator(s), or decisionmaker(s) affected the outcome. If an appeal is filed, the district shall: (34 CFR 106.45)

   1. Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties
   2. Ensure that the decision-maker(s) for the appeal is trained in accordance with 34 CFR 106.45 and is not the same decision-maker(s) who reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator
   3. Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome
   4. Issue a written decision describing the result of the appeal and the rationale for the result
   5. Provide the written decision simultaneously to both parties
       

   An appeal must be filed in writing within 10 calendar days of receiving the notice of the decision or dismissal, stating the grounds for the appeal and including any relevant documentation in support of the appeal. Appeals submitted after this deadline are not timely and shall not be considered.

   A written decision shall be provided to the parties within 20 calendar days from the receipt of the appeal.
    
   The district's decision regarding a student matter may be appealed to the California Department of Education within 30 days of the written decision in accordance with BP/AR 1312.3. Employee appeals will follow the policies prohibiting discrimination in employment found in BP/AR 4030.
    
   Either party 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.
    
   The complainant shall be advised of any civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal antidiscrimination laws, if applicable.
   
    

2. OCR Complaint

   To file a Title IX complaint, you can go to the following OCR website which will guide you through the complaint filing process:

   In summary, the OCR complaint form requires the name of the person subjected to the alleged Title IX violation, the name of the person filing the complaint, the name of the education institution, a description of the alleged Title IX violation, a report of any retaliation suffered by the person filing the complaint, the date of the last act that violated Title IX, and any attempt to address the alleged violation through another avenue, including the education institution’s internal grievance procedure or a court filing. Note that anyone may file a complaint with OCR. The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group.

   More information regarding the complaint filing process.

   Time Requirement:
   OCR requires that the complaint be filed within 180 calendar days after the alleged violation. As set forth in OCR’s complaint form, the reporter can request a waiver of this requirement by explaining why the complaint was delayed. Please contact OCR, or visit the websites above, if you have any questions or concerns about this time requirement.
   
   Contact information for United States Department of Education Office for Civil Rights:
   
   U.S. Department of Education, California Enforcement Office (Seattle Office)

   • Email Address: OCR.Seattle@ed.gov
   • Mailing Address:
     Office for Civil Rights, Seattle Office
     U.S. Department of Education
     915 Second Avenue, Room 3310
     Seattle, WA 98174-1099
   • Online Portal: U.S. ED OCR Electronic Complaint Portal
   • Phone: (206) 607-1600

    

3. Police Report

   To file a police report, please contact the appropriate local law enforcement agency:

   • Long Beach Police Department
     562-435-6711
   • Los Angeles County Sheriff’s Department, Lakewood Station
     562-623-3500
   • Signal Hill Police Department
     562-989-7200

Investigation Procedure

Upon receipt of any complaint related to a potential Title IX violation, OCR first determines if it can investigate the incident by determining if the alleged action constitutes a violation of Title IX. OCR also assesses whether the complaint was filed within the 180 day requirement or provides a legitimate reason to waive this requirement. OCR may also seek more information from the person filing the complaint if needed to further assess the complaint.

If OCR determines that it will investigate the complaint, it will issue letters of notification to the complainant and the education institution. OCR may use a variety of fact-finding techniques in its investigation of a complaint. These techniques may include reviewing documentary evidence submitted by both parties, conducting interviews, and/or site visits. At the conclusion of its investigation, OCR will determine with regard to each allegation whether the education institution failed to comply with Title IX. If the complainant disagrees with OCR’s determination, he/she may submit a written appeal to OCR.

Information regarding OCR’s investigation process