Title IX Rights, Responsibilities, and Complaint Procedures

Board Policy 5145.71: Title IX

1. Title IX Coordinator Contact Information

(California Education Code § 221.61(a))

The District's designated Title IX Coordinator is responsible for overseeing compliance with Title IX, coordinating the investigation of complaints, and ensuring equal educational opportunities.

  • Name of Title IX Coordinator: Kip Ward
  • Position / Title: Deputy Superintendent
  • Office Address: 2690 Cienega Rd, Hollister CA, 95023
  • Telephone Number: 831-630-6300
  • Email Address: TITLEIX@hesd.org

2. Pupil Rights Under Education Code Section 221.8

(California Education Code § 221.61(b) & § 221.8)

In accordance with California Education Code Section 221.8, pupils have the following rights regarding gender equity and athletics/educational activities:

  1. Right to Fair & Equitable Treatment: You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex or gender.
  2. Right to Equal Opportunity: You have the right to be provided with an equal opportunity to participate in all athletic and extracurricular programs.
  3. Right to Gender Alignment: You have the right to participate in athletic programs that correspond with your gender identity.
  4. Right to Equivalent Equipment & Facilities: You have the right to access equivalent athletic equipment, supplies, locker rooms, and facilities.
  5. Right to Equal Scheduling: You have the right to equal scheduling of games, practice times, and coaching opportunities.
  6. Right to Equal Travel & Allowances: You have the right to equitable travel, housing, and dining allowances.
  7. Right to Academic Support Services: You have the right to equal access to tutoring and academic support services related to athletic programs.
  8. Right to Equal Publicity: You have the right to equal publicity and promotion of athletic programs.
  9. Right to File a Complaint: You have the right to file a Title IX complaint alleging noncompliance with sex discrimination or gender equity laws.
  10. Right to Protection Against Retaliation: You have the right to be protected against retaliation for filing a complaint or participating in an investigation.

External Web Links to Rights and Responsibilities:

3. Statute of Limitations for Filing a Title IX Complaint

(California Education Code § 221.61(c))

  • Standard Filing Deadline: A Title IX complaint alleging discrimination, harassment, intimidation, or bullying based on sex or gender must generally be filed within 180 calendar days from the date the alleged incident occurred or from the date the complainant first obtained knowledge of the facts of the alleged discrimination.
  • Filing Beyond the Statute of Limitations: An extension of the 180-day filing deadline may be granted by the Title IX Coordinator or the U.S. Department of Education Office for Civil Rights (OCR) for good cause shown (such as ongoing discrimination, incapacitation, or newly discovered evidence). If you need to file a complaint past the 180-day deadline, please contact the Title IX Coordinator in writing outlining the reason for the delay.

4. Title IX Complaint Investigation Process & Right to Pursue Complaints

(California Education Code § 221.61(d))

How Title IX Complaints Are Investigated by the District:

  1. Intake & Supportive Measures: Upon receipt of a written or verbal complaint, the Title IX Coordinator will contact the complainant to discuss available supportive measures (such as counseling, class adjustments, or no-contact orders) regardless of whether a formal complaint is filed.
  2. Impartial Investigation: If a formal complaint is initiated, an impartial investigator will conduct a thorough investigation, including interviewing parties and witnesses and reviewing physical or digital evidence.
  3. Equal Opportunity to Present Evidence: Both the complainant and respondent will have an equal opportunity to present witnesses and evidence.
  4. Written Investigation Report: Upon conclusion of the investigation, a written decision detailing findings of fact, conclusions regarding policy violations, remedies, and disciplinary actions will be issued to both parties simultaneously.
  5. Appeals: Either party may appeal the decision under the District’s designated appeal procedures within the timeframe specified in the decision letter.

How to Further Pursue a Complaint Externally: If you are dissatisfied with the District’s determination, or if you prefer to file directly with the federal government, you have the right to pursue your complaint with the U.S. Department of Education Office for Civil Rights (OCR) or appeal local district decisions to the California Department of Education (CDE).

5. Direct Link to Official OCR Discrimination Complaint Form

(California Education Code § 221.61(e))

To file a formal civil rights or Title IX complaint directly with the U.S. Department of Education Office for Civil Rights, you may use the electronic complaint portal below:

6. CDE Title IX Resource Links(California Education Code § 234.6(b)(5))For additional information on federal and state Title IX rights, responsibilities, and school district requirements across California: