Nondiscrimination/Title IX

Nondiscrimination Statement

Modesto City Schools (MCS) is committed to ensuring equal, fair, and meaningful access to employment and education services. MCS does not tolerate discrimination, intimidation, harassment, or bulling in any employment practice, education program, or educational activity on the basis and/or association with a person or group with one or more of these actual or perceived characteristics of age, ancestry, color, disability, ethnicity, gender, gender identity, gender expression, genetic information, marital status, medical condition, military or veteran status, national origin, immigration status, political affiliation, pregnancy and related conditions, race, religion, retaliation, sex (including sexual harassment), sexual orientation, or any other basis prohibited by California state and federal nondiscrimination laws respectively. Not all bases of discrimination will apply to both education services and employment. Copies of MCS’ Uniform Complaint Procedures, Non-Discrimination Policies, and Sexual Harassment Policies are available upon request. 

Inquiries regarding nondiscrimination and civil rights should be directed to the District's Equity Officer:

Title IX Compliance and Equity Officer:

Brad Goudeau
Associate Superintendent, Educational Services
Modesto City Schools
426 Locust Street
Modesto, CA 95351
(209) 574-1598
[email protected]

 

Title IX – Prohibiting Sex-Based Discrimination

Title IX of the Education Amendments of 1972 (also known as Title IX, pronounced "title nine") 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 Modesto City Schools (“District” or "MCS").  Title IX protects all participants in the District’s educational programs and activities, including students, parents, employees, and job applicants.  The District does not discriminate on the basis of sex.  Discrimination on the basis of sex can include sexual harassment and sexual violence.

In addition to Title IX, the California Education Code prohibits discrimination based on sex in education programs and activities in schools.  (Education Code sections 220-221.1.) Other state and federal laws also prohibit discrimination and ensure equality in education.

Title IX information provided here applies to every school site and to all District programs and activities. 

MCS’ Responsibilities:

The District has the responsibility to respond promptly and effectively to sex-based discrimination complaints, 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. Information on filing a complaint alleging sex-based discrimination is provided below, including information for contacting the District's Title IX Coordinator.

 

What are my rights under Title IX?

  • You have the following rights under Title IX, to the extent applicable at the District:
  • You have the right to fair and equitable treatment and shall not be discriminated against based on your sex.
  • You have the right to be provided with an equitable opportunity to participate in all extracurricular activities, including both academics and athletics.
  • You have the right to inquire of the athletic director at your school or appropriate District personnel as to the athletic opportunities offered by the school.
  • You have the right to apply for athletic scholarships if the District offers any.
  • You have the right to receive equitable treatment and benefits in the provision of all the following related to athletics (if any are provided by the District):
    • 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 the right to have access to a sex/gender equity coordinator, referred to as the Title IX coordinator, to answer questions regarding sex/gender equity laws.
  • You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on sex/gender equity laws.
  • You have the right to file a confidential discrimination complaint with the United States Department of Education Office for Civil Rights or the California 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.
  • You have the right to pursue civil remedies if you have been discriminated against.
  • You have the right to be protected against retaliation if you file a discrimination complaint. (California Education Code section 221.8.)

For more information about your rights under Title IX:

Filing a Complaint:

If you believe you have been subjected to discrimination, harassment, intimidation, or bullying, contact the school principal and/or the appropriate District Title IX Compliance Officer.

A complaint alleging unlawful discrimination or retaliation must be filed no later than six months from the date the discrimination or retaliation occurred, or six months from when the complainant first learned of the unlawful discrimination. The Superintendent or designee may extend this timeline by up to ninety days for good cause, upon written request by the complainant setting forth the reasons for the extension.

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 MCS’ Uniform Complaint Procedure by sending a complaint to one of MCS’ Title IX Compliance Officers (contact information listed above).

You may file a complaint anonymously, but MCS’ 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]

How MCS Investigates Complaints

Complaints filed under MCS’ Uniform Complaint Procedure will be investigated and a decision made within 60 calendar days of the District’s receipt of the complaint, unless the complainant agrees to an extension. MCS’ compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses. The compliance officer may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred. As appropriate, MCS’ compliance officer periodically will inform the parties of the status of the investigation. The complainant will be notified when a decision is made. Complaints that are not filed under MCS’ Uniform Complaint Procedure will be investigated and decided pursuant to the applicable procedure.

 

What Happens After the Investigation

The complainant or respondent may appeal MCS’ decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether MCS’ facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to MCS and a copy of MCS’ decision. For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures: http://www.cde.ca.gov/re/cp/uc/index.asp.

For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers or public/private interest attorneys, sixty calendar days after filing an appeal with the California Department of Education. (California Education Code § 262.3.) Note that this sixty day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (California Education Code § 262.3.)

Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within 180 days of the alleged discrimination. For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.

If the compliance officer finds that a complaint has merit, MCS will take appropriate corrective action.

 

For more information on Title IX concerns, contact:

Title IX Compliance Officer for Students:

Brad Goudeau
Associate Superintendent, Educational Services
Modesto City Schools
426 Locust Street
Modesto, CA 95351
(209) 574-1598
[email protected]

 

Title IX Compliance Officer for Staff:

Mike Henderson
Associate Superintendent, Chief Human Resources Official
Modesto City Schools
426 Locust Street
Modesto, CA 95351
(209) 574-1519
[email protected]