Title IX

How do I access the Title IX Office?

The Title IX Office is located in the District Office. During school site closures, please email complaints to the Title IX Coordinator:

Kelly Gallagher
Title IX Coordinator
Palo Alto Unified School District 25 Churchill Ave
Palo Alto, CA 94306
(650) 833-4248
titleixcoordinator@pausd.org

How do I bring a complaint?

If you believe you have been subjected to discrimination, harassment, intimidation, or bullying based upon a protected class, you should immediately contact the school site Principal/Assistant Principal and/or the Title IX Coordinator. Please visit PAUSD’s complaint policy page for additional information.

Are anonymous complaints possible?

Yes – you can use the anonymous Title IX complaint form. The more information you provide, the easier it will be for the Title IX Office to follow up and investigate.

Do parents have to be notified if a complaint is received by a student?

Yes – when the Title IX Office receives a complaint directly from a student or through the school site or website via anonymous complaint, the parent(s) will be notified unless the student is 18 years old or older.

Who are the “parties” in a complaint?

The complainant is the party who makes a complaint or alleges that he/she is a victim in an incident that may be in violation of Title IX or PAUSD policies. The respondent is the alleged perpetrator in the incident.

How does the Title IX office stay in contact with the parties during an investigation?

The Title IX Office will stay in contact with the student and parent(s) of the parties throughout the investigation process. The school site administration will also stay in contact with the parties. At the end of the investigation, parties will receive a decision letter advising of the outcome of the investigation.

What happens if students are not willing to participate in the investigation process?

No student is required to participate in the investigation process. If a complainant does not wish to file a formal complaint, the Title IX Coordinator may still investigate the alleged incident.

What happens when a case is completed?

At the end of a formal investigation, decision letters are sent to the complainant’s and the respondent’s parent(s) (unless party is 18 years or older) to explain whether violation(s) of policy have been found and what discipline may be imposed (if necessary).

What if additional problems occur between parties in the future?

Either party, complainant or respondent, should report any problems to a school administrator or the Title IX Coordinator. PAUSD policy includes a prohibition against retaliation.

What happens when I go to another school (graduation from elementary or middle)?

The supportive measures or protections can continue at another school site within PAUSD. Please advise your new school site of any concerns you may have with another student or contact the Title IX Office to ensure a smooth transition from one school to another.

Who makes the decision about discipline in Title IX matters?

The decision-maker who issues the final letter will provide information about any discipline that applies to a situation. The discipline decision is made in conjunction with the school site administration.

Trainings

Online training will be completed by all employees at the start of the school year and will be required of all new hires during the school year. Administrators assigned to handle Title IX matters will be trained according to their role in the process (i.e. investigator, decision-maker).

• ATIXA K-12 Coordinator & Administrator Training
• ATIXA K-12 Civil Rights Investigator Training

The Title IX Office delivered training to all high school students during an advisory period in September 2020. In light of online distance learning, consultant Jody Shipper of Grand River Solutions discussed online harassment and discrimination and provided resources for students to report incidents. A second training by Ms. Shipper will be held in January 2021 to discuss how students can be "upstanders" in dealing with incidents that they witness.

Workshops Attended

Over summer, Title IX staff and selected administrators attended the following workshops:

• "Policy Update: Title IX" by California School Boards Association (CSBA) on August 12, 2020
• "K-12 Certified Title IX Investigator Training" by ICS - July 22-23, 2020
• "Implementing Restorative Justice for Campus Sexual Harm" by Center for Restorative Justice, University of San Diego - June 29, July 6, 13 and 20, 2020
• "K-12 and Title IX" by Grand River Solutions - June 15, 18, 2020

Monthly Meetings

The Title IX staff holds monthly meetings at the District Office with site point persons who handle Title IX and Civil Rights complaints.

• September 24, 2020 - Review of new Title IX regulations.
• October 22, 2020 - Review of case study and flow chart to analyze steps of a Title IX complaint.

• Kelly Gallagher, Title IX Coordinator - Certifications & Credentials
• Robert Andrade, Civil Rights Investigator - Certifications & Credentials

Uniform Complaint Procedures (UCP)

The Palo Alto Unified School District maintains a uniform complaint procedure for investigating complaints of: (1) discrimination, including discriminatory harassment, intimidation, or bullying on the basis of actual or perceived characteristics of age, sex, sexual orientation, ethnic group identification, race, ancestry, nationality, national origin, religion, color, or mental or physical disability, gender, gender identity, gender expression, or any other characteristic identified in Education Code 200 or 220, Penal Code 422.55, or Government Code 11135, or based on association with a person or group with one or more of these actual or perceived characteristics, including retaliation; and (2) complaints of violations of the laws and regulations governing consolidated categorical aid programs, Adult Education, Career/Technical Education, Child Development, Special Education and Nutrition services, or Federal and State Categorical Programs (No Child Left Behind, Title 1, McKinney Vento, English Language Learners, Foster Youth, other programs) and the prohibition against requiring students to pay fees, deposits, or other charges for participating in educational activities. Any individual, public agency or organization may file a written complaint of noncompliance.

Title IX

Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et. seq. (Title IX) prohibits discrimination on the basis of sex in educational programs and activities that receive or benefit from Federal financial assistance. Generally, a provider may not exclude, deny or provide different or lesser services to applicants or beneficiaries on the basis of sex.

• Staff Guidance Memorandum
• OCR Resolution Agreement (approved by the Board 2/28/17)
• BP 1312.3 Uniform Complaint Procedures
• AR 1312.3 Uniform Complaint Procedures
• BP 5145.3 Non-discrimination/Harassment
• AR 5145.3 Non-discrimination/Harassment
• BP 5145.7 Sexual Harassment

The District uses an online ticketing system for reports and complaints of discrimination called "Root." When a principal or designee receives a report or complaint of discrimination, including harassment or other misconduct based on race, sex, disability, age or religion, he or she enters information about that matter into Root. The Root system provides immediate visibility to the District’s Compliance Officer (DCO) on all such reports and complaints, allowing the DCO to monitor what is occurring in the schools and to provide guidance as to how incidents are being handled. The Root system also allows us to analyze these incidents at a more aggregate level (e.g., how many reports and complaints are coming in over time or at a particular location).

We generate our log of reports and complaint, commonly known as the Uniform Complaint Procedures (UCP) log, directly out of the Root system. The UCP logs are posted below:

• 2020-21 Discrimination and Complaints Log
• 2019-20 Discrimination and Complaints Log
• 2018-19 Discrimination and Complaints Log
• 2017-18 Discrimination and Complaints Log
• 2016-17 Discrimination and Complaints Log

We welcome your feedback on the UCP log. The Title IX Coordinator and Civil Rights Officer can be reached at titleixcoordinator@pausd.org.