Title IX/Nondiscrimination Policy
Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in all education programs and activities operated by recipients of federal funds, including colleges, universities, and public school districts.
The Moraga School District is committed to providing educational programs, activities, and services that are free from unlawful discrimination based on actual or perceived legally protected characteristics, or association with a person or group with one or more of such characteristics, including sex, sexual orientation, gender, gender identity, and gender expression as required by Title IX.
Title IX Coordinator:
Rachel Lynch, Director of Administrative Services
1540 School Street
Moraga, CA 94556
(925) 376-5943
Notice of Employee Rights Under Title IX
Notice of Student Rights Under Title IX
Sexual Harassment Under Title IX
Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more of the following:
1. An employee of the District conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participating in unwelcoming sexual conduct (quid pro quo);
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
3. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
Title IX Complaints may be filed using the District Complaint Form
Upon receipt of any complaint related to a potential Title IX violation, the Title IX Coordinator or designee will promptly meet with the Complainant to inform them of their right to file a formal complaint, and the process for filing a formal complaint. The Complainant will also be informed of the informal resolution process, and notified that the Title IX Coordinator may file a formal complaint on their behalf when a safety threat exists, and/or to meet their legal obligation not to be deliberately indifferent to known allegations of sexual harassment.
Supportive Measures
The District will offer and seek to implement supportive measures for the involved parties. Supportive measures are designed to restore or preserve equal access to the District’s educational program or activity without unreasonably burdening the other party. In addition, the District will take steps to protect parties and witnesses 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 makes efforts to prevent recurrence of any unlawful discrimination, harassment, or sexual violence and remedy discriminatory effects on the complainant and others, as appropriate.
Investigation
The District will assign an investigator to investigate the allegations contained in the complaint. Generally, the investigation process under Title IX involves the following steps:
1. Written notice to the parties of the Title IX complaint and procedure;
2. Interviews with involved parties and witnesses to gather evidence;
3. Provision to both parties the evidence obtained that is directly related to the allegations raised in the complaint, and at least 10 days to submit a written response for the investigator to consider prior to the completion of the investigative report;
4. Objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and determinations of credibility in a manner that is not based on a person’s status as a complainant, respondent, or witness;
5. Final investigative report that fairly summarizes relevant evidence which is sent to the parties for their review and written response at least 10 days prior to the determination of responsibility;
6. Opportunity to respond to the investigation report and submit written, relevant questions that the party wants asked of any party or witness, provide each party with the answers, and potentially allow for additional, limited follow-up questions from each party.
Throughout this process, the Respondent is considered not responsible until the investigation is completed. The decision-maker shall issue a written decision as to whether the Respondent is responsible for the alleged conduct, which will be simultaneously transmitted to both parties. (34 CFR § 106.45). In making this determination, the decision-maker shall use the “preponderance of the evidence” standard for all formal complaints of sexual harassment. The same standard of evidence shall be used for formal complaints against students as for complaints against employees. (34 CFR § 106.45). Detailed explanations of the Title IX Complaint Procedure can be found in AR 4119.12 (Employees) and AR 5145.71 (Students).
Appeals and Other Remedies Available
After an investigation, any party not satisfied with the final written determination will have the option to appeal the final determination on certain bases, within 10 calendar days, as outlined in AR 4119.12 (Employees) and AR 5145.71 (Students).
Additionally, any student complainant who is dissatisfied with the District’s determination may file an appeal in writing with the California Department of Education within 30 calendar days of the District’s written determination, which shall serve as the Investigation Report required as part of California’s Uniform Complaint Procedures (cf. BP/AR 1312.3 – Uniform Complaint Procedures).
Any employee complainant may file a complaint with the Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC). The deadline for filing a complaint with CRD alleging a violation of Government Code 12940-12952 is within three years of the alleged discriminatory act(s), unless an exception exists pursuant to Government Code 12960 (Government Code 12960). The deadline for filing a complaint with EEOC is within 180 days of the alleged discriminatory act(s) (42 USC 2000e-5). If an employee complainant is filing a complaint with EEOC after first filing a complaint with CRD, this must be done within 300 days of the alleged discriminatory act(s) or within 30 days after the termination of proceedings by CRD, whichever is earlier (42 USC 2000e-5).
They are also available at the District office upon request.
For more information about the District’s responsibilities under Title IX, please visit:
United States Department of Education Office of Civil Rights
California Department of Education Office of Equal Opportunity
California Department of Education (resources that provide support to youth who have been subjected to school-based discrimination, harassment, intimidation, or bullying and to their families)
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.
Uniform Complaint Procedures (UCP)
Uniform Complaint Procedures may be filed using the District Complaint Form
A uniform complaint, or UCP complaint is a written and signed statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation, or bullying. If the complaining party (or complainant) is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the District shall assist the complainant in the filing of the complaint. This procedure should be used for sexual harassment/discriminatory bullying cases as well.
All UCP complaints that allege unlawful discrimination, harassment, intimidation, or bullying, must be filed no later than six months from the date of the alleged conduct or the date the complainant first obtained knowledge of the facts of the alleged conduct. However, this timeline may be extended in accordance with AR 1312.3. All other UCP complaints must be filed no later than one year from the date the alleged violation occurred.
The Investigation Report shall include:
- Findings of fact
- Conclusions of law
- Corrective actions, if warranted; and,
- Notice of complainant appeal rights and the corresponding procedure.
The District’s UCP procedures can be found here:
For questions or more information, contact:
Title IX Coordinator:
Rachel Lynch, Director of Administrative Services
1540 School Street
Moraga, CA 94556
(925) 376-5943
Employee Nondiscrimination and Sexual Harassment Complaint Procedures
Employee Discrimination/Harassment Complaints may be filed using the District Complaint Form
Sexual harassment and discrimination complaints brought forth by or on behalf of employees that do not qualify as formal Title IX complaints, or do not rise to the level of sexual harassment as defined by Title IX, will be processed in accordance with BP/AR 4030 (Nondiscrimination in Employment), AR 4031 (Complaints Concerning Discrimination in Employment) and/or BP/AR 4119.11 (Sexual Harassment), or in a manner that is otherwise deemed appropriate by the District.
The District’s Employee Nondiscrimination and Sexual Harassment Policies can be found here:
For more information about the District’s responsibilities under Title IX, Sexual Harassment, and/or Discrimination, visit:
California Civil Rights Department
U.S. Equal Employment Opportunity Commission
