Title IX and Gender Equity

Five Keys Schools and Programs should be a place where you can learn, grow as a person and explore the world around you without fear of discrimination, harassment or sexual misconduct.

With that in mind, Five Keys wants you to be aware of your rights under Title IX and what you can do if you feel that you have been a victim of gender-based discrimination, harassment or sexual misconduct.


What is title IX?

Title IX of the Education Amendments of 1972 is a comprehensive federal civil rights law enforced by the U.S. Department of Education Office for Civil Rights. Title IX prohibits discrimination on the basis of sex and gender (including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity) in federally funded education programs. It protects female, male, and gender non-conforming individuals.  Under Title IX, such discrimination can include sexual harassment and interpersonal violence including: stalking, dating violence, voyeurism, exhibitionism, sexual harassment, rape, and sexual assault. These terms are referred to collectively here as sexual misconduct. Title IX applies regardless of a person’s national origin, immigration status or citizenship status. 

On Wednesday, May 6, 2020, the U.S. Department of Education published the revised “Final Rule” on schools’ obligations to comply with Title IX. 


Your rights under Title IX

Education Code Section 221.8

  1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex

  2. You have the right to be provided with an equitable opportunity to participate in all academic or extracurricular activities

  3. You have the right to receive equitable treatment and benefits in the provision of all of the following:​ equipment and supplies, access to tutoring, coaching, publicity or any other school benefit

  4. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws

  5. 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

  6. You have the right to pursue civil remedies if you have been discriminated against

  7. You have the right to be protected against retaliation if you file a discrimination complaint

 

For more information on your rights under Title IX please visit the following websites:


Five Keys Sexual Misconduct Policy

Five Keys Sexual Misconduct Policy applies to any instance in which a person is alleged to have engaged in sexual misconduct. Whether you are a student, employee, partner or visitor, you have the right to file a complaint. Complaints or reports of sexual misconduct should be submitted to the Title IX Coordinator and/or the Deputy Title IX Coordinator. View the whole policy here.


Confidentiality

Before you report a problem, be sure you understand Five Keys reporting obligations and who to go to if you would prefer for information to stay confidential.

All Five Keys Charter School employees are legally required to report actual or suspected sexual misconduct to appropriate officials.

Five Keys recognizes that confidentiality is important.  Failure to keep information confidential may hurt the ability of Five Keys to investigate and resolve claims of sexual misconduct. However, although Five Keys employees are committed to respecting the confidentiality and privacy of all parties (people), we cannot guarantee complete confidentiality.

If the person making the complaint does not wish for their name to be shared, including with the person being accused; or does not wish for an investigation to take place; or does not want a formal resolution to be pursued, the alleged victim may make such a request. The Title IX Coordinator and Deputy Title IX Coordinator will evaluate the request in light of their duty to ensure the safety of the school locations and to comply with federal law.

In cases indicating pattern, predation, threat and/or violence, Five Keys may be unable to honor a request for confidentiality.  When Five Keys must override a request for confidentiality in order to comply with Title IX or other federal, state, or local laws, the information will only be shared, as necessary with those individuals involved in responding to and investigating the complaint. If it is determined that the identity of the person making the complaint (who wanted to remain anonymous) must be disclosed, the Title IX Coordinator shall the individual prior to disclosure.

Some resources (people) may serve in a professional role

that permits them to maintain your confidentiality, meaning they are not required to report actual or suspected sexual misconduct to officials.

These people can offer options and advice without any obligation to report unless you ask them to do so.

If you would like the details of an incident to be kept confidential, you may speak with a professional who does not work for Five Keys:

  • counselors, therapists, mental health providers (cannot be a Five Keys employee)

  • rape crisis counselors

  • domestic violence resources

  • local or state assistance agencies

  • members of the clergy/chaplains

These people will maintain confidentiality except in extreme cases — such as when there is an immediate threat or danger, or when abuse of a minor is involved.


Where to report or ask questions

Title IX Coordinator

Deputy Title IX Coordinator

  • Mary Vigil, Assistant Director of HR

  • Work Cell Phone:  415-961-0139

  • Email:  maryv@fivekeys.org

The Title IX Coordinator and Deputy Title IX Coordinator oversees implementation and enforcement of Five Keys Sexual Misconduct Policy.

While compliance with the law is everyone's responsibility at Five Keys, the Title IX Coordinator and Deputy Title IX Coordinator have primary responsibility for Title IX compliance. Duties and responsibilities are: monitoring and oversight of overall implementation of Title IX Compliance at Five Keys; including coordination of training and education communications; and coordination with Regional Superintendents, Human Resources and Academic Personnel on the processing of complaints and grievances alleging discrimination, harassment and/or retaliation to the extent they fall under Title IX and other members of the Five Keys community.

Anyone with concerns about a possible violation of the Sexual Misconduct Policy is encouraged to contact a campus Title IX Coordinator or Deputy Title IX Coordinator. 


Five Keys commitment to equitable (fair) resolution

Five Keys affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. Policies are subject to an equitable resolution process. The Sexual Misconduct Policy is applicable regardless of the status of the parties involved, who may be members or nonmembers of the Five Keys community, students, student organizations and employees.

Five Keys reserves the right to act on incidents of sexual misconduct occurring at a Five Keys classroom location or outside of classroom locations. Incidents of sexual misconduct that occur outside of classroom locations will be treated in the same manner as complaints about sexual misconduct inside Five Keys classrooms if it is determined that the alleged sexual misconduct occurred in the context of an educational program or activity or may have an ongoing effect on the Five Keys environment.


Online / Electronic communication

In most cases, online postings or other electronic communication by students is not subject to Five Keys policies if it happens completely outside Five Keys control (meaning not on Five Keys networks or websites or between Five Keys email accounts). This includes cyberbullying, cyberstalking, cyber harassment, etc. Such behavior will only ​be subject to Five Keys policies when the behavior can be shown to cause a substantial classroom disruption.

However, online postings or electronic communication that qualifies as sexual misconduct is subject to Five Keys Sexual Misconduct Policy, regardless of whether it occurs on Five Keys networks or websites, or between Five Keys email accounts. If such conduct takes place outside Five Keys control, the behavior will be subject to the Sexual Misconduct Policy if it is determined that the alleged sexual misconduct occurred in the context of an educational program or activity or may have an ongoing effect on the Five Keys environment.


Retaliation

It is unlawful (illegal) and a violation of Five Keys Sexual Misconduct Policy to retaliate against an individual for:

  • alleging sexual misconduct

  • supporting a person bringing a complaint forward 

  • opposing sexual misconduct

  • assisting in providing information relevant to such a claim

  • participating in any grievance process or with a government agency

If you believe you are being subjected to retaliatory behavior for filing a complaint of sexual misconduct or participating in the investigation of such a complaint, please contact the Title IX Coordinator or Deputy Title IX Coordinator.


Contact Us

Want to make a report or ask a question? Contact your Title IX Coordinator and/or Deputy Title IX Coordinator.

Title IX Coordinator

Deputy Title IX Coordinator

  • Mary Vigil, Assistant Director of HR

  • Work Cell Phone:  415-961-0139

  • Email:  maryv@fivekeys.org


Additional resources

If you or someone you know has been affected by sexual misconduct, help is available. Additional resources and support:

Additional Information Coming Soon