NONDISCRIMINATION POLICY
Clear Passage Educational Center does not discriminate on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (Government Code sections 12940,12945, 12945.2) and/or retaliation for protesting illegal discrimination related to one of these categories in any of its policies, procedures or practices, nor does it tolerate sexual harassment, in compliance with the Americans With Disabilities Act of 1991, Title VI of the Civil Rights Act of 1964 (pertaining to race, color, and national origin), Title IX of the Education Amendments of 1972 (pertaining to sex), Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap) and the Age Discrimination Act of 1975, (pertaining to age).
ABOUT 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 sex stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation.
Title
IX Coordinator: Vivianna
Trujillo, Executive Director, Clear Passage Educational Center
Address: 1471
Martin Luther King Jr Ave, Long Beach, CA 90813
Email Address:
vtrujillo@cpecschools.org
Phone: 562-912-7480
STUDENT & EMPLOYEE TITLE IX RIGHTS
Under California Education Code section 221.8:
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, including athletics.
c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
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:
(1)
Equipment and supplies.
(2) Scheduling of games and practices.
(3) Transportation and daily allowances.
(4) Access to tutoring.
(5) Coaching.
(6) Locker rooms.
(7) Practice and competitive facilities.
(8) Medical and training facilities and services.
(9) Publicity.
f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
h) You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State 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.
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.
FILING A COMPLAINT
If you feel you were discriminated against in violation of Title IX, please contact the Title IX Coordinator. It is the coordinator’s primary responsibility to ensure Clear Passage Educational Center complies with the requirements of Title IX.
You may also file a complaint of discrimination with the US Department of Education Office for Civil Rights (“OCR”).
FOR MORE INFORMATION:
US Department of Education Office for Civil Rights complaint form: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
The OCR office for California is located at:
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
California
Department of Education, Equal Opportunity & Access:
http://www.cde.ca.gov/re/di/eo/index.asp
U.S.
Department of Education, Office for Civil Rights, Title IX Resource Guide (Apr.
2015).
https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf
UNIFORM COMPLAINT PROCEDURES (See Below for Annual Notice and Complaint Forms)
For students, employees, parents/guardians, and school and district advisory committee members, appropriate private school officials, and other interested parties.
Clear Passage Educational Center has the primary responsibility to ensure compliance with applicable state and federal laws and regulations and has established procedures to address allegations of unlawful discrimination, harassment, intimidation, bullying, and complaints alleging violation of state or federal laws governing educational programs and the charging of unlawful pupil fees, and complaints regarding compliance with requirements established through the Local Control Funding Formula related to the Local Control and Accountability Plan (EC 52060-52075 or 47606.5-47607.3).
Clear Passage Educational Center shall investigate and seek to resolve complaints using policies and procedures known as the Uniform Complaint Procedures (UCP) adopted by our local board. Unlawful discrimination, harassment, intimidation, or bullying complaints may be based on actual or perceived age, ancestry, color, ethnic group identification, gender expression, gender identity, gender, disability, nationality, national origin, race or ethnicity, religion, sex, sexual orientation, or on a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity that receives or benefits from state financial assistance.
The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federal laws regarding, but not limited to:
- Accommodations for Pregnant and Parenting Pupils
- Adult Education
- After School Education and Safety
- Agricultural Career Technical Education
- Career Technical and Technical Education; Career Technical; Technical Training (state)
- Career Technical Education (federal)
- Child Care and Development Programs
- Compensatory Education
- Course Periods without Educational Content (for grades nine through twelve)
- Consolidated Categorical Aid Programs
- Discrimination, harassment, intimidation, or bullying against any protected group as identified under sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.
- Educational and graduation requirements for Pupils in Foster Care, Pupils who are Homeless, Pupils of Military Families, and Pupils formerly in Juvenile court now enrolled in a school district.
- Every Student Succeeds Act/No Child Left Behind
- Local Control and Accountability Plan
- Migrant Education
- Physical Education Instructional Minutes
- Pupil Fees
- Reasonable Accommodations to a Lactating Pupil
- Regional Occupational Centers and Programs
- School Plans for Student Achievement
- School Safety Plans
- School Site Councils (SSC)
- State Preschool
- State Preschool Health and Safety Issues Exempt from Licensing
A complaint of noncompliance with laws relating to pupil fees may be filed pursuant to the local UCP. A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity.
A pupil fee includes, but is not limited to, all of the following:
1. A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory or is for credit.
2. A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, clothes, or other materials or equipment.
3. A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.
Complaints of noncompliance with laws relating to pupil fees should be filed with CPEC’s executive director no later than one year from the date of the alleged violation. A complaint regarding pupil fees may be filed anonymously if the complaint provides evidence or information to support an allegation of noncompliance with laws relating to pupil fees and/or LCAP.
Complaints alleging discrimination, harassment, intimidation, or bullying, must be filed within six (6) months from the date the alleged discrimination, harassment, intimidation, or bullying, occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying, unless the time for filing is extended by the superintendent or his or her designee.
Complaints will be investigated, and a written Decision or report will be sent to the complainant within sixty (60) days from the receipt of the complaint. This sixty (60) daytime period may be extended by written agreement of the complainant. The LEA person responsible for investigating the complaint shall conduct and complete the investigation in accordance with sections 4680-4687 and in accordance with local procedures adopted under section 4621.
The complainant has a right to appeal by filing a written appeal within 15 days of receiving the School’s Decision. The appeal must include a copy of the complaint filed and a copy of the Decision.
Civil law remedies may be available under state or federal discrimination, harassment, intimidation, or bullying laws, if applicable. In appropriate cases, an appeal may be filed pursuant to Education Code Section 262.3. A complainant may pursue available civil law remedies outside of District’s complaint procedures. Complainants may seek assistance from mediation centers or public/private interest attorneys. Civil law remedies that may be imposed by a court include, but are not limited to, injunctions and restraining orders. A copy of CPEC’s UCP policy and complaint procedures shall be available free of charge.