Title IX Rights and Complaint Procedures

What is Title IX?

Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identify, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that:

"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 requires that each school district have at least one person designated as the Title IX Coordinator.

As per Education Code 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. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex.

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

(d) An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations as that section exists on January 1, 2003, using any one of the following tests:

(1) Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.

(2) Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.

(3) Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program.

(e) If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.

(f) It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.

(g) 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.

(h) 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.

What are my rights under Title IX?

You have the following rights under Title IX, to the extent applicable at the LEA:

You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
You have the right to inquire of the appropriate LEA personnel as to the athletic opportunities offered by the school.
You have the right to apply for athletic scholarships if the LEA offers any.
You have the right to receive equitable treatment and benefits in the provision of all of the following related to athletics, if any are provided by the LEA:
- 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; and
- 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.

The LEA has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If the LEA 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 LEA must resolve complaints of sex discrimination promptly and equitably. Information on filing a complaint alleging sex-based discrimination is below, including contact information for the LEA’s Title IX Coordinator.

Who is the Title IX Coordinator?

Irvine International Academy has a Title IX Coordinator who oversees the LEAs compliance with Title IX requirements and promotes sex equity in the LEA’s programs. Contact our Title IX Coordinator:

Dr. Amy Kernan

Executive Director
4782 Karen Ann Lane
Irvine, CA 92604
Telephone: (949) 242-6167
Email: [email protected]

How do I file a complaint of sex discrimination?

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 by sending a complaint to:

Dr. Amy Kernan

Executive Director
4782 Karen Ann Lane
Irvine, CA 92604
Telephone: (949) 242-6167
Email: [email protected]

You may file a complaint anonymously, but the LEA’s 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 https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html The electronic complaint form for the Office for Civil Rights is available online at https://ocrcas.ed.gov/. Contact California’s 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]

For more information regarding Title IX and sex equity in education or in LEA employment, please contact our Title IX Coordinator.

How do I review the Title IX training materials provided to IIA staff?

To review the Title IX training materials provided to IIA staff, please reach out to the school office or Title IX coordinator.