Title IX, VI and II Prohibition on Discriminatory Harassment or Bullying of Students on the Basis
of Sex/Race/Color/National Origin/Disability

C.F.R. § 106.31, subd. (a), each Five Keys Schools and Programs (FKSP) student and employee has a right to learn and work in an environment that is safe free from unlawful discrimination and are treated equally and fairly. FKSP is committed to provide a workplace and educational environment free of sexual harassment and considers such harassment to be a major offense, which may result in disciplinary action. No FKSP student or employee shall be excluded from participation in, be denied the benefits of, or be subject to harassment or other discrimination in any academic, extracurricular, research, occupational training, or other program or activity on the basis of actual or perceived sex, sexual orientation, gender, or gender identity or expression. This policy is inclusive of instances that occur while the following: on any school campus; at school- sponsored events and activities, regardless of location; through school-owned technology; and through other electronic means.

As used in this policy, discrimination, sexual harassment, harassment, intimidation, and bullying are described as the intentional conduct, including verbal, physical, written communication or cyber-bullying, including cyber sexual bullying, based on the actual or perceived characteristics of disability, pregnancy, gender, gender identity, gender expression, nationality, ancestry, race or ethnicity, immigration status, religion, religious affiliation, sexual orientation, childbirth or related medical conditions, marital status, age, or association with a person or group with one or more of these actual or perceived characteristics or any other basis protected by federal, state, local law, ordinance or regulation. Hereafter, such actions are referred to as “misconduct prohibited by this Policy.” Additionally, all FKSP employees are required to provide appropriate supervision to enforce standards of conduct and, if they observe or become aware of misconduct prohibited by this Policy, to intervene as soon as it is safe to do so, call for assistance, and immediately report such    incidents to the Title IX Coordinator.

Expecting Students & Teen Parents

Expecting students and teen parents have a right to equal education, full participation, and to enroll in any school or program for which they would otherwise qualify at any stage of the pregnancy. They have the right to remain in their regular or current school program, including elementary or secondary schools, honors and magnet programs, special education and non- public school placements, alternative/options programs, migrant education, free and reduced lunch programs and services for English Learners, and any others for which they are otherwise qualified. This would also include participation in the following: graduation, awards, ceremonies; field trips; student clubs, councils, after-school activities, and any other school-related programs. Students cannot legally be expelled, suspended, or otherwise excluded from, or required to participate in school programs solely on the basis of their pregnancy-related conditions, or marital or parental status.

Transgender & Gender Variant Pupils

Transgender and gender variant pupils shall be allowed to access FKSP programs and facilities in accordance with their gender identity, irrespective of the gender listed on their pupil records to the extent consistent with federal and state laws, policies of Probation, any court orders, and legal settlements.

FKSP will not condone or tolerate misconduct prohibited by this Policy by any employee, independent contractor or other person with which FKSP does business, or any other individual, student, parent/guardian or volunteer.

FKSP has the responsibility of responding quickly to accusations of sexual misconduct or harassment and to provide support to the person bringing forth the complaint (complainant) even if a formal complaint is not filed. Formal complaints made under Title IX must meet the definition of “sexual harassment” as defined in the law as:

“Support” is defined as:

Individualized services reasonably available that are nonpunitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.

“Sexual harassment” defined as:

  1. Any quid pro quo harassment by a school’s employee;

  2. “Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive” that it “denies” a person equal educational access;

  3. Sexual assault

  4. Dating Violence

  5. Domestic violence; or

  6. Stalking

Title IX Coordinator

The Title IX Coordinator has the primary responsibility for coordinating the school’s efforts to comply with and carry out its responsibilities under Title IX, which prohibits sex discrimination in all the operations of FKSP, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX.

Sexual misconduct against students, including sexual harassment, sexual assault, rape, and sexual exploitation, can be a form of sex discrimination under Title IX. The Title IX coordinator oversees FKSP’ response to reports and complaints that involve possible sex discrimination to monitor outcomes, identify and address any patterns, and assess effects on the campus climate, so that FKSP can address issues that affect the wider school community.

A student or employee should contact the Title IX Coordinator in order to:

  • seek information or training about students’ rights and courses of action available to resolve reports or complaints that involve potential sex discrimination, including sexual misconduct,

  • file a complaint or make a report of sex discrimination, including sexual misconduct,

  • notify FKSP of an incident or policy or procedure that may raise potential Title IX concerns,

  • get information about available resources (including confidential resources) and support services relating to sex discrimination, including sexual misconduct, and

  • ask questions about FKSP policies and procedures related to sex discrimination, including sexual misconduct.


Contact Information:

Lisa Pitters, Director of Student Services & Title IX Officer
lisap2@fivekeys.org
510-290-5630

320 13th Street, Oakland, CA 94607

Training

All FKSP personnel involved in the Title IX process will undergo the necessary and required training through the school’s annual training process and outsourced training prior to the first day of school. In addition to the Title IX team, all FKSP employees must complete mandatory training around sexual harassment in accordance to California Law.

Grievance Process

Knowledge of Allegation

Once the Title IX coordinator has been made aware of the allegation(s), they will confidentially contact the victim (or complainant) to discuss the following:

  • The availability of supportive measures,

  • Consider the complainant’s wishes with respect to supportive measures,

  • Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and

  • Explain to the complainant the process for filing a formal complaint.


It should be noted that the respondent (the accused) is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. However, FKSP exercises the right to provide for certain emergency exceptions where students may be removed from school prior to the conclusion of a grievance process that arises from an allegation of sexual harassment; based on an individualized safety and risk analysis and determines that there is an imminent threat to the physical health or safety to students or employees.

Filing a Formal Complaint

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment) and request an investigation, in person, by mail, or by e- mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s written report. Such a report may be made at any time, including during non-business hours, by using the contact information listed for the FKSP Title IX Coordinator.

Under new provisions of the law (Final Rule), a formal complaint must be signed by the complainant or by a parent/ guardian on behalf of the complainant. While parents and guardians do not become complainants (or respondents), the Final Rule expressly recognizes the legal rights of parents and guardians to act on behalf of parties (including by filing formal complaints) in Title IX matters. A complainant’s wishes with respect to whether the school investigates will be respected unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation over the wishes of the complainant is not clearly unreasonable in light of the known circumstances. In circumstances where the Title IX Coordinator signs a formal complaint Where the Title IX Coordinator signs a formal complaint, they are not a complainant or a party during a grievance process, and must comply with requirements for Title IX personnel to be free from conflicts and bias.

It should be noted that the Final Rule provides rape shield protections for complainants (as to all recipients), deeming irrelevant questions and evidence about a complainant’s prior sexual behavior unless offered to prove that someone other than the respondent committed the alleged misconduct or offered to prove consent.

Statute of Limitations and Process Timeline

Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex. All complaints shall be appropriately investigated in a timely manner.

Within 10 business days after the Title IX Coordinator receives the complaint, the Title IX Coordinator shall begin an investigation into the complaint; at which time, the Title IX Coordinator will send written notice of the allegations to both parties upon receiving a formal complaint and notice of any investigative interviews, meetings, or hearings. Written notice will include the grievance process, sufficient details of the allegation(s), the right to an advisor and results of false statement or false information. Prior to the completion of the investigation report, all evidence related to the allegations raised in a formal complaint must be sent to both parties. During this time, both parties will have ten (10) days to provide written responses which the investigator must consider. Once the investigative report has been sent to both parties and before reaching a determination regarding responsibility, the decision-maker will:

  • Afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness

  • Provide each party with the answers

  • Allow for an additional three (3) days for limited follow-up questions from each party

FKSP shall issue a written decision based on the evidence within sixty (60) calendar days from receipt of the written complaint by the Title IX Coordinator, unless an extension is appropriate pursuant to FKSP policy. Determination must be made using the clear and convincing evidentiary standard. Which means “that proof which results in reasonable certainty of the truth.”

Any complainant who is dissatisfied with the final written decision may file an appeal in writing with the designated FKSP administrator within 15 calendar days from the date when the school’s decision was sent.

Formal Complaint - Dismissal

Through the Title IX process, FKSP holds the right to dismiss a formal complaint or allegations therein by discretion. Other reasons for dismissal of a formal complaint or allegations therein are:

  • The complainant informs the Title IX Coordinator in writing that the complainant desires to withdraw the formal complaint or allegations therein;

  • The respondent is no longer enrolled or employed by the school; or

  • Specific circumstances prevent the school from gathering sufficient evidence to reach a determination.

In the event that a formal complaint is dismissed, written notice will be sent to the complainant, with appeal rights attached. FKSP is required to dismiss any formal complaints when the alleged conduct:

  1. Would not constitute sexual harassment by definition (stated above)

  2. Did not occur in FKSP’ education program or activity

  3. The alleged conduct did not occur in the United States.

It should be noted that FKSP may still address the allegations in any manner the school deems appropriate under the school’s own non-discrimination, harassment, intimidation and bullying policies.

Retaliation Prohibited

The Final Rule expressly prohibits retaliation:

  • Charging an individual with code of conduct violations that do not involve sexual harassment, but arise out of the same facts or circumstances as a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX constitutes retaliation.

  • The school must keep confidential the identity of complainants, respondents, and witnesses, except as may be permitted by FERPA, as required by law, or as necessary to carry out a Title IX proceeding.

  • Complaints alleging retaliation may be filed according to a school’s prompt and equitable grievance procedures.

  • The exercise of rights protected under the First Amendment does not constitute retaliation.

  • Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a Title IX grievance proceeding does not constitute retaliation; however, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a bad faith materially false statement.

Retention of Records

Pursuant to the law, FKSP is required to create and retain for seven years records of any actions taken in response to a report or formal complaint of sexual harassment. This includes, but is not limited to: documentation for each sexual harassment investigation, including any responsibility determination, disciplinary sanctions imposed, remedies and supportive measures provided, and  appeal and informal resolution documentation, if applicable.