Education Equity Resources

Policy against Discrimination Based on Sex

The Fairfax Elementary School District is committed to providing educational programs that are free from unlawful discrimination based on legally protected characteristics, including sex and gender as required by Title IX of the Education Amendments of 1972. The District’s general nondiscrimination/harassment policy is found in Board Policy 5145.

The Fairfax Elementary School District prohibits discrimination, intimidation, harassment (including sexual harassment) or bullying based on a person’s actual or perceived ancestry, color, disability, race or ethnicity, gender, gender expression, gender identity, immigration status, national origin, sex, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. For questions or complaints, contact our Equity Compliance Officer and Title IX Coordinator below.

 

Who is the Title IX Coordinator?

The District has a Title IX Coordinator who oversees the District’s compliance with Title IX requirements and promotes sex equity in the District’s programs.  Contact the District’s Title IX Coordinator:

Lora Brown, Title IX Coordinator

Superintendent, Fairfax School District

 

1500 South Fairfax Rd
Bakersfield, CA, 93307

(661) 366-7221

 

A student, parent, guardian, employee, individual, or organization may file a written complaint alleging discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic under the District’s Uniform Complaint Procedure by sending a complaint to:

Lora Brown, Title IX Coordinator

Superintendent, Fairfax School District

 

1500 South Fairfax Rd
Bakersfield, CA, 93307

(661) 366-7221

 

Student Rights:

Summary of Student Rights (Education Code section 221.8)

• You have the right to fair and equitable treatment and to be free from discrimination based on your sex.
• You have the right to an equitable opportunity to participate in all academic extracurricular activities, including athletics.
• You have the right to ask the athletic director of your school about the athletic opportunities offered by the school.
• You have the right to apply for athletic scholarships.
• You have the right to equitable treatment and benefits in:
•  
  •  Equipment and supplies
  • Scheduling of games and practices
  • Transportation and daily allowances
  • Access to tutoring
  • Coaching
  • Locker rooms
  • Practice and competitive facilities
  • Medical and training facilities and services
  • Publicity
• You have access to a gender equity coordinator to answer questions about gender equity laws.
• You have the right to contact the California Department of Education (CDE) and the California Interscholastic Federation (CIF) for information on gender equity laws.
• You have the right to file a confidential discrimination complaint with the United States Office for Civil Rights (OCR) or CDE if you believe you have been discriminated against or received unequal treatment on the basis of your sex.
• You have the right to pursue civil remedies if you have been discriminated against.
• You have the right to be protected from retaliation if you file a discrimination complaint.

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

The California Office of Equal Opportunity
The United States Department of Education Office for Civil Rights 

 

The School’s Responsibilities 

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in programs and activities of federally funded institutions. School district 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. Schools must protect against discrimination in these areas. Schools must also prohibit retaliation against any person for opposing an unlawful practice or policy, or filing, testifying about, or participating in any complaint under Title IX. 

For more information about schools’ responsibilities under Title IX, please visit:

The California Office of Equal Opportunity 

The United States Department of Education Office for Civil Rights 

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, 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.
 

District Complaint

Title IX complaints may be filed using the District’s uniform complaint procedure found within the following policy:Board Policy 1321

Time Requirement:
A complaint with the District must be filed within six months of the discrimination occurring or your awareness of the discrimination (5 CCR 4630(b)).  
If you have any questions about this time limit, or if you believe your complaint may be outside this time requirement but want to explore other options, please contact the Title IX Coordinator.

Investigation Procedure:
Upon receipt of any complaint related to a potential Title IX violation, the District will ensure every allegation is investigated promptly, adequately and impartially. The District will also take steps to protect complainants from retaliation and ensure all parties are treated fairly throughout the District’s investigation process. As part of its Title IX obligations, the District also takes steps to prevent recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. The District’s procedure for investigating a Title IX complaint can be found at: Board Policy 1321

Please contact the Title IX Coordinator if you have any questions. 

OCR Complaint
For information regarding filing a complaint with OCR

OCR provides an online complaint filing system

OCR can also be contacted through the California regional office at:

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
Email: [email protected]

Time Requirement:
OCR requires complaints to be filed within 180 calendar days of the alleged discrimination. Please contact OCR, or visit the websites above, if you have any questions about this time requirement. 

Investigation Procedure:
For information regarding OCR’s investigation process.

The Uniform Complaint Procedure is available at https://www.fairfax.k12.ca.us/District/Portal/uniform-complaint-forms. 

If you need assistance putting your complaint in writing, please contact Lora Brown at (661) 366-7221.  You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information.

 

You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights.  For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.  The electronic complaint form for the Office for Civil Rights is available online at https://ocrcas.ed.gov/. Contact the Office for Civil Rights at:

San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102

Telephone: (415) 486-5555
Fax: (415) 486-5570; TDD: (800) 877-8339

Email: [email protected]

For more information regarding Title IX and sex equity in education or in District employment, please contact the District’s Title IX Coordinator.

The Fairfax Elementary School District prohibits any discrimination, harassment, intimidation, and bullying of any student based on the student’s 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, or gender expression; 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.
 

Prohibited discrimination, harassment, intimidation, or bullying includes physical, verbal, nonverbal, or written conduct based on one of the categories listed above that is so severe and pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student’s academic performance; or otherwise adversely affects a student’s educational opportunities.

What Bullying is…

• Repeated aggressive behavior
• Intended to cause harm (physical or emotional)
• An attempt by one or more individuals to gain power over another
• Physical: Hitting, kicking, pushing, destroying property
• Verbal/Written: Threatening, name-calling, teasing, taunting
• Social/Emotional: Terrorizing, spreading rumors, intimidating, humiliating, blackmailing, isolating
• Cyber-bullying: Using technology to bully others verbally, emotionally and/or socially

What Bullying is Not…

• Not liking someone
• Accidentally bumping into someone
• A single act of telling a joke about someone
• Expression of unpleasant thoughts or feelings regarding others
• Arguments or disagreements
• Being excluded from a game or group on the playground (unless being done regularly and with intention to hurt the feelings of another)
• Isolated acts of harassment, aggressive behavior, intimidation or meanness

Filing a Report

Students, parents, and community members are encouraged to notify school staff when they are being bullied or suspect that another student is being victimized. When the circumstances involve cyber-bullying, individuals with information about the activity shall be encouraged to save and print any electronic or digital messages sent to them that they feel constitute cyber-bullying

Confidentiality

Reasonable efforts will be made to keep a report of bullying or harassment and the result of the investigation confidential. The Board also prohibits any form of retaliation against any student who files a complaint or report regarding an incident of discrimination, harassment, intimidation, or bullying.

False Reports and Statements

Intentionally false reports, use of the complaint process, or statement to defame a fellow student or staff member or any illegitimate reason, will result in disciplinary consequences.