Title IX - Know Your Rights

What is Title IX?

Title IX of the Education Amendments of 1972 ("Title IX") is a federal law which states: 

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance"

• Title IX protects: All participants in education programs and activities, including students, parents, employees, and job applicants.

• Title IX covers: Educational Programs and Activities, Athletics, Employment, Equal Access to Facilities, Admissions and Recruitment, and Sexual Harassment.

Central Unified School District (“District”) is committed to providing equal, fair, and meaningful access to educational services and employment. Central Unified School District does not discriminate in any education program, activity, or employment practice on the basis of sex.

Title IX Coordinator

The following individual has been designated to coordinate the District’s efforts to comply with Title IX, as well as to investigate and resolve Title IX complaints.

Jack Kelejian
Assistant Superintendent
Human Resources Department
4605 N. Polk Avenue
Fresno, CA 93722
(559) 274-4700, Ext. 10161
[email protected]

Filing a Complaint

Complaints shall be submitted directly to, or forwarded to, the District’s Title IX Coordinator, using the contact information provided above.

• Students are strongly encouraged to immediately notify their teacher, principal, the Title IX Coordinator, or any other available school employee.

• Any employee who receives a report, or observes an incident, of actions prohibited by Title IX, shall promptly notify the Title IX Coordinator.

Title IX Sexual Harassment Complaint Procedures: All complaints that meet the definition of sexual harassment under Title IX shall be investigated and resolved in accordance with the Title IX Sexual Harassment Complaint Procedures. 

Complaints of other unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), shall be investigated and resolved pursuant to Uniform Complaint Procedures or Nondiscrimination in Employment. The Title IX Coordinator shall review allegations on a case-by-case basis to determine the applicable procedure for responding to a complaint.

Knowingly making false statements or knowingly submitting false information during the complaint process is prohibited.

Informal Resolution Process: When a formal complaint is filed, the district may offer an informal resolution process, such as mediation, at any time prior to reaching a determination of responsibility.  Participation in this process is voluntary. The parties have a right to withdraw from the informal process and resume the formal complaint procedures. 

Dismissals: The Title IX Coordinator will promptly notify the parties, in writing, if a complaint is dismissed, including the reason for the dismissal. Conduct may still be addressed pursuant to district policy and regulations, as applicable.

Appeals under Title IX Sexual Harassment: 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 decision-maker(s) affected the outcome.  If an appeal is filed, the district shall: (34 CFR 106.45)

• Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties

• 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

• Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome

• Issue a written decision describing the result of the appeal and the rationale for the result

• Provide the written decision simultaneously to both parties

An appeal must be filed in writing within 10 calendar days of receiving the determination, 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. Either party has the right to file a complaint with the U.S. Department of Education's Office for Civil Rights. A written decision shall be provided to the parties within 20 calendar days from the receipt of the appeal.

Appeal Rights Under Uniform Complaint Procedures: Any complainant who is dissatisfied with the district's final written decision of a complaint regarding any specified federal or state educational program subject to the UCP may file an appeal in writing with CDE within 15 calendar days of receiving the district's decision. (Education Code 222, 48853, 48853.5, 49013, 49069.5, 51223, 51225.1, 51225.2, 51228.3, 52075; 5 CCR 4632)

Definitions and Terms

Title IX Sexual Harassment Complaint Procedures: Complaint procedures provided by the U.S. Department of Education, Office for Civil Rights (OCR), which are used to address any complaint governed by Title IX, alleging sexual harassment. 

Sexual Harassment

Title IX defines sexual harassment as one or more of the following: 

1. A district employee conditioning the provision of a district aid, benefit, or service on a person's participation in unwelcome sexual conduct.

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 district's education program or activity.

3. Sexual assault, dating violence, domestic violence, or stalking as defined in 20 USC 1092 or 34 USC 12291

CUSD Jurisdiction Under Title IX

Title IX complaint procedures must be initiated when:

1. Conduct occurs in the U.S.;

2. Conduct occurs in an education program or activity where the District had substantial control over the Respondent and the context in which the sexual harassment occurs; and;

3. Complainant was participating or attempting to participate in the education program or activity at the time the complaint was filed. 

"The Parties"

• Complainant: The victim of the alleged conduct. 

• Respondent: The perpetrator of the alleged conduct. A respondent is presumed "not responsible" for the alleged conduct until responsibility is determined at the conclusion of the complaint process. 

• The parties will have equal opportunity to present evidence and witnesses; as well as an opportunity to review and respond to any relevant evidence that is directly related to the allegations raised in the complaint. (Refer to  Title IX Complaint Procedures link on this page for complete details and applicable timelines)

• The parties may have an advisor of their choice to help inspect and review evidence. The advisor may be an attorney, but it is not required. 

Supportive Measures: Nondisciplinary, nonpunitive, individualized services offered to the complainant and respondent, even if a complaint is not filed, without unreasonably burdening either party.  

Title IX Coordinator: Responsible for District-wide compliance, training, and prevention. Receives all Title IX complaints and oversees the complaint procedures.

Investigator: Administers an unbiased investigation and prepares an Investigation Report which is provided to the Decision-Maker. 

Decision-Maker: Receives and reviews the Investigation Report, determines responsibility, and sends a written decision to the parties. 

Informal Resolution Officer: Facilitates the informal resolution process and makes sure that each party involved understands their right to an informal resolution. 

Appeals Officer: Receives, evaluates, and makes determinations on appeals by the Complainant and Respondent. 

Written Decision: A written decision will be sent to both parties by the Decision-Maker. This decision will include the allegations, description of the complaint process, findings of fact supporting the decision, conclusions regarding the district's code of conduct, and the appeal process.