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Twin Rivers Unified School District

Twin Rivers Unified School District

Title IX and Compliance

Jim Davis 2

Jim Davis

Director Title IX and Compliance, Human Resources/Labor Relations
5115 Dudley Blvd.
McClellan, CA 95652
jim.davis@trusd.net
(916) 566-1600 ext. 32203
a Message FROM your tITLE ix cOORDINATOR

a Message FROM your tITLE ix cOORDINATOR

Hello, Twin Rivers Community!  My name is Jim Davis and I am proud to serve as your Title IX Coordinator.

 

The Twin Rivers Unified School District is committed to a learning and working environment free from sexual harassment and sexual discrimination.

 

The links and tabs on this page provide information about Title IX protections and related Twin Rivers Unified School District policies and procedures. Please contact me if I can assist in any way.

About Title IX

Title IX Overview
Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex-based discrimination in all educational programs and activities, including athletic programs. 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 educational program or activity operated by Twin Rivers Unified School District. In addition to Title IX, the California Education Code prohibits discrimination on the basis of sex in schools. (California Education Code §§ 220-221.1.) Other state and federal laws also prohibit discrimination and ensure equality in education.
 
Who is Protected by Title IX? 
Title IX protects all participants in Twin Rivers educational programs and activities, including students, parents, employees, volunteers, and job applicants.
 
What Does It Mean to be Protected from Sexual Discrimination?
Each student and employee has a right to learn and work in an environment that is free from unlawful discrimination. No District student or employee shall be excluded from participation in, be denied the benefits of, or be subject to discrimination on the basis of actual or perceived sex, sexual orientation, gender, or gender identity or expression. Discrimination on the basis of sex can include sexual harassment and sexual violence.
 
Title IX Policies
The District has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. Title IX requires that every school district or institution have a Title IX Coordinator to whom concerns or complaints regarding sex discrimination can be made.
 
 
 

Definition of Sexual Harassment Under Title IX

The Title IX regulations define sexual harassment as conduct, performed on the basis of sex, that satisfies one or more of the following:
 
  • A District employee conditioning the provision of an aid, benefit, or service of the District on a student or individual’s participation in unwelcome sexual conduct;
  • 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 District’s education program or activity; or,
  • “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 1229(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). These definitions are also available in AR 5145.7
 
California Education Code section 212.5 defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:
 
  • Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
  • Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
  • The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
  • Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

Report a Title IX Concern

Any member of the Twin Rivers Unified School District Community who believes they have experienced discrimination 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 Twin Rivers Unified School District Police Services or the local police department. A person may file these reports simultaneously.
 
Title IX District Reports
Individuals may report a Title IX concern via email or phone to a site administrator, department manager, or the Title IX Coordinator.  To contact the Title IX Coordinator directly, please use the contact information below:
 
Jim Davis, Title IX Coordinator
(916) 566-1600 ext. 32203
Twin Rivers Unified School District
5115 Dudley Blvd.
McClellan, CA 95652
 
Once a report has been received, the Title IX Coordinator will contact you to explain the process for filing a Formal Title IX Complaint.
 
Title IX US Department of Education Office for Civil Rights (OCR) Reports
You may also file a discrimination complaint with the United States Department of Education Office for Civil Rights (“OCR”).  The electronic complaint form for OCR is available online. To contact the OCR directly, please use the contact information below:
 
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
FAX: 415-486-5570
TDD: 800-877-8339 
Email: ocr.sanfrancisco@ed.gov
 
For information regarding filing a complaint with OCR, please see: Information regarding OCR’s investigation process.
 
Title IX Police Reports
To file a police report, please contact TRUSD Police Services and/or local law enforcement.
 

A Summary of Your Title IX Rights (Ed Code section 221.8)

You have the following rights under Title IX, to the extent applicable at the District.  The California Education Code § 221.5-231.5 provides a complete list of rights including:
 
(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.
The District has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. The District must resolve complaints of sex discrimination promptly and equitably.

Report Discrimination, Harassment, Intimidation and Bullying

Reporting Other Types of Complaints
 
Title IX prohibits sex-based discrimination in all educational programs and activities.  There may be times when a member of the Twin Rivers School Community experiences different forms of discrimination.  In cases like these, people may choose to file a Uniform Complaint using the Uniform Complaint Form and sending the complaint to:
 
Rudy Puente
Director of Student Services
5115 Dudley Blvd., Bay C, McClellan, CA, 95652
(916) 566-1620
 
Except as may otherwise be specifically provided in Board Policies, the Uniform Complaint Procedures shall be used only to investigate and resolve complaints alleging (1) violations of federal or state laws or regulations governing specific educational programs, (2) the prohibition against requiring students to pay fees, deposits, or other charges for participating in educational activities, and (3) unlawful discrimination, harassment, intimidation, or bullying in educational programs. Employment discrimination, harassment, or retaliation claims shall not be processed through the Uniform Complaint Procedure. (5 CCR 4661.) For employment claims see Discrimination or harassment of employees or job applicants, Board Policy 4030, and Administrative Regulations 4031.
 
The California Code of Regulations (Title 5, Section 4600 et seq.) requires the districts, among other things, to adopt and publish procedures referred to as the Uniform Complaint Procedures (UCP) that provide for prompt and equitable resolution of discrimination, harassment, intimidation, and bullying complaints. The district must notify students, employees, and parents, as well as others, of its local complaint procedures and identify the person or persons responsible for processing complaints.
 
If you are a student, parent or interested third party or organization and you want to report an instance of discrimination, harassment, intimidation and bullying, a complaint must be filed with the District no later than six months from the date the incident occurred, or the date you first obtained knowledge that the incident occurred.
 
For a comprehensive list of complaint and inquiry processes, please visit the District Complaints and Inquiries webpage. 

Additional Resources

Title IX Training

Title IX Solutions, LLC Authorization and Disclaimer
These materials are the exclusive property of Title IX Solutions, LLC. All rights reserved, ©2022. The publishing of these materials on this website is authorized by Title IX Solutions, LLC solely for use by this institution in compliance with Regulation 34 CFR §106.45(b)(10)(i)(D). No other use or dissemination by this institution or any third party is authorized without the prior written consent of Title IX Solutions, LLC.
 
The information and materials provided during this program were for educational purposes only and not intended to be legal advice. Attendees should seek independent legal advice concerning the issues presented.
 
The Twin Rivers Unified School District posts Title IX Training materials in compliance with Regulation 34 CFR §106.45(b)(10)(i)(D) .
 
2023-2024 
 
2022-2023 Title IX Solutions, LLC
8 hour Foundational Title IX Coordinator Training - 2022-2023
 
2021-2022 Title IX Solutions, LLC
 
Fagen Friedman & Fulfrost, LLP Authorization and Disclaimer
© Franczek P.C. 2020. © Fagen Friedman & Fulfrost LLP 2020. These materials are not legal advice. These materials are subject to a LIMITED LICENSE AND COPYRIGHT. These materials are proprietary and are owned and copyrighted by Franczek P.C. and Fagen Friedman & Fulfrost LLP. As training materials used to train Title IX personnel, these materials must be posted publicly by any organization or entity that purchased training for its Title IX personnel using these materials on that organization or entity’s website or, if it has no website, must be made available by any such organization or entity for inspection and review at its offices. Accordingly, Franczek P.C. and Fagen Friedman & Fulfrost LLP have granted a LIMITED LICENSE to the organization or entity that lawfully purchased training using these materials (the “LICENSEE”) to post these materials on its website or otherwise make them available as required by 34 C.F.R. 106.45(B)(10).
 
The Twin Rivers Unified School District posts Title IX Training materials in compliance with Regulation 34 CFR §106.45(b)(10)(i)(D) .
 
2021-2022 Fagen Friedman & Fulfrost, LLP
 
Twin Rivers Unified School District  Training
The following training materials were created by Twin Rivers Unified School District personnel. The information and materials provided during this program were for educational purposes only and not intended to be legal advice.
 
The Twin Rivers Unified School District posts Title IX Training materials in compliance with Regulation 34 CFR §106.45(b)(10)(i)(D) . 
 
2022-2023
 
2021-2022