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Title IX

What is Title IX?

Title IX (20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106) 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. . .” In accordance with Title IX and California state law, Birmingham Community Charter High School (“BCCHS”) does not discriminate on the basis of sex in its education program or activities, including employment and admissions.

 

Your Rights and Responsibilities Under Title IX

(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 and athletics offered by BCCHS. 

(c) You have the right to inquire of the athletic director or other appropriate BCCHS administrator as to the athletic opportunities offered by BCCHS.

(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:

  • 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.                                                                                                                                                                                          

 

(f)  You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws. The gender equity officer is the Title IX Coordinator. Inquiries about the application of Title IX and 34 C.F.R. Part 106 to BCCHS may be referred to the Title IX Coordinator, to the Office for Civil Rights of the U.S. Department of Education (“OCR”), or both. 

(g) You have the right to contact the California Department of Education (“CDE”) and the California Interscholastic Federation (“CIF”) to access information on gender equity laws.

(h) You have the right to file a confidential discrimination complaint with OCR or CDE if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex. See below for more information regarding how to file a complaint.

(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.

(k) You can find out more information regarding your rights, BCCHS’s responsibilities, and access information on gender equity laws from the following resources:

Statewide Resources for Youth Subjected to Discrimination or Harassment

You can find a list of community-based organizations that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying at: https://www.cde.ca.gov/re/di/eo/

Definition of Discrimination and Harassment Based on Sex Under Ed. Code Section 230

Harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

(a) On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity.

(b) On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others.

(c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. “Equivalent” means equal or equal in effect.

(d) On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.

(e) On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions.

 The following is information regarding your rights and BCCHS’s responsibilities regarding Title IX:

Title IX Coordinator Contact Information

All complaints and reports of conduct that may constitute sex discrimination including sex-based harassment should be submitted to our Title IX Coordinator, who can be reached at:

                                                                         Missindy Wilkins, Administrator Director 

Birmingham Community Charter High School

17000 Haynes Street, Lake Balboa, CA  91406

Phone: 818-758-4465

Email: m.wilkins@birminghamcharter.com

 

If Ms. Wilkins is unavailable, the backup coordinator is:

Tommy Elmore, Administrative Director

Birmingham Community Charter High School

17000 Haynes Street, Lake Balboa, CA  91406

Phone: 818-758-4404

Email: t.elmore@birminghamcharter.com

 

How to File a Complaint Under Title IX

(a) You can find more information regarding how to file a complaint as follows:

  • OCR websites:

           o   https://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt

           o   https://www2.ed.gov/about/offices/list/ocr/complaintintro.html

          o   https://ocrcas.ed.gov/welcome-to-the-ocr-complaint-assessment-system

  • CDE website:

           o   https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp

  • BCCHS’s Uniform Complaint Procedures (“UCP”), Title IX Policy Prohibiting Discrimination on the Basis of Sex, and Harassment, Intimidation, Discrimination, and Bullying Policy. Please see the main office or the BCCHS website for a complete copy of these policies. A link to the BCCHS Title IX Policy Prohibiting Discrimination on the Basis of Sex, which includes the specific rules and procedures for reporting sex discrimination and sex-based harassment occurring within BCCHS’s education program or activities and for pursuing available remedies, can be found at the top of this webpage.

(b) A complaint regarding discrimination or harassment based on sex must ordinarily be filed with the OCR within 180 days of the last act of discrimination. If your complaint involves matters that occurred longer than this and you are requesting a waiver, you will be asked to show good cause why you did not file your complaint within the 180-day period. If you have questions about your situation, you can contact the California branch of OCR at the address listed below. A complaint filed with BCCHS under our UCP alleging unlawful discrimination, harassment, intimidation or bullying must be initiated no later than six (6) months from the date when the alleged unlawful discrimination, harassment, intimidation or bullying occurred, or six (6) months from the date when the complainant first obtained knowledge of the facts of the alleged unlawful discrimination, harassment, intimidation or bullying. 

(c) OCR has its own policies and procedures for investigating complaints. Please review the above link for more information about this process. A complaint filed with BCCHS under our UCP or Title IX Policy Prohibiting Discrimination on the Basis of Sex will be investigated in compliance with those policies, as applicable.

(d) There are a variety of ways to file your complaint. You can use the OCR electronic complaint form filed directly through their website; or mail, email, or send by facsimile your own letter or a completed copy of the OCR Discrimination Complaint Form.

 

Office for Civil Rights

U.S. Department of Education

400 Maryland Avenue SW

Washington, D.C. 20202

 

Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: ocr@ed.gov

***

San Francisco Office
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

To file a UCP or complaint under our Title IX Policy Prohibiting Discrimination on the Basis of Sex directly with BCCHS, please follow procedures set forth in those policies.