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Required Notices

NOTICES REQUIRED BY THE STATE OF CALIFORNIA

Statement of Nondiscrimination

STATEMENT OF NON-DISCRIMINATION

(Title VI of the Civil Rights Act of 1954, Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973); the District does not discriminate against any person on the basis of gender, race, color, religion, national origin, ethnic group, actual or perceived sexual orientation, marital or parental status, physical or mental disability. The District will take steps to assure that the lack of English will not be a barrier to admission and participation in District programs. Complaints alleging noncompliance with this policy of nondiscrimination should be directed to the Director of Student Services, Rob Pecot. The District’s Title IX Coordinator is Rob Pecot, 209/830-3280, rpecot@tusd.net.   The District’s 504 Coordinator is Christopher Crone, 209/830-3260, ccrone@tusd.net. Please review the District’s board policy regarding  Uniform Complaint Procedures. The US Department of Education Office of Civil Rights 1-800-421-3481   ocr@ed.gov.;  Office for Equal Opportunity: (202) 663-7081; contact_oeo@eeoc.gov  
 

Americans with Disabilities Act (ADA)

PUBLIC NOTICE: Americans with Disabilities Act (ADA)
 

The Tracy Unified School District is committed to achieving full compliance with the Americans with Disabilities Act.
Tracy Unified School District DOES NOT:

  • Deny the benefits of District programs, services and activities to qualified individuals with a disability on the basis of a disability.
  • Discriminate on the basis of disability in access to or provision of programs, services, activities of the District, or application for employment or employment to qualified individuals with disabilities.
  • Provide separate, unequal or different programs, services or activities, unless the separate or different programs are necessary to ensure that the benefits and services are equally effective.

The Tracy Unified School District operates its programs so that, when viewed in their entirety, they are readily accessible to or usable by individuals with disabilities.

The Tracy Unified School District welcomes those with disabilities to participate fully in the programs, services and activities offered to students, parents, guardians and members of the public.  If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in any program, service or activity offered to you, contact the district ADA Coordinator at least 48 hours before the scheduled event so that we may make every reasonable effort to accommodate you. [Government Code Section 54953.2; Americans with Disabilities Act of 1990, Section 202 (42 U.S.C. Section 12132).]

The U.S. Department of Education has recognized the importance of extracurricular activities, particularly club, intramural and interscholastic athletics in the daily lives of all students including qualified students with disabilities.  The Tracy Unified School District wishes to be responsive and compliant with this law and to that end has and will implement appropriate procedures to assess a student with disabilities qualifications to participate in extracurricular activities, work with the appropriate organizations, leagues and clubs to ensure compliance, and work to provide reasonable accommodation whenever practicable and consistent with the stated purpose of Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act.

In accordance with Section 35.106 of the Americans with Disabilities Act, all participants, applicants, organizations and interested individuals are advised and noticed that the ADA Coordinator for the District is:
Christopher Crone, ccrone@tusd.net Director of Special Education, Tracy Unified School District, 1875 W. Lowell Avenue, Tracy, CA  95376, Phone: (209) 830-3270, Fax: (209) 830-3274
 

Uniform Complaint Procedure

UNIFORM COMPLAINT PROCEDURE

This page provides details on the District's nondiscrimination policies and Uniform Complaint Procedures. You can use the Uniform Complaint Form to file a complaint. BP 1312.3 and AR 1312.3 provide additional information on Uniform Complaints. BP 3260 and AR 3260 provide additional information on Student Fees while BP 5131.2 details the Board Policy on bullying. 

Nondiscrimination/Harassment/Intimidation/Bullying
The Board of Education is committed to equal opportunity for all individuals in education. District programs, activities and services shall be free from unlawful discrimination, harassment, intimidation, and/or bullying based on actual or perceived sex, race or ethnicity, color, national origin, nationality, religion, age, sexual orientation, sexual preference, ancestry, ethnic group identification, gender, gender expression, gender identity, physical or mental disability, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics, or sexual harassment in any district service, program and/or activity that receives or benefits from state financial assistance. The Board shall promote programs which ensure that unlawful discriminatory practices are eliminated in all district activities.

Any student who engages in discrimination, harassment, intimidation, and/or bullying may be subject to disciplinary action up to and including expulsion. Any employee who permits or engages in unlawful discrimination, harassment, intimidation, and/or bullying may be subject to disciplinary action up to and including dismissal. 

Sexual Harassment
The District has adopted a strict policy containing rules and procedures for reporting sexual harassment and pursuing remedies and is committed to maintaining an educational environment that is free from harassment, including school, or school-sponsored or school-related activities.

The Board of Education prohibits unlawful sexual harassment of or by anyone (including students and employees) in or from the district. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical contact of a sexual nature made by someone from or in the work or educational setting. Any student who engages in sexual harassment of another student or anyone from the district may be subject to disciplinary action up to and including expulsion. Any employee who permits or engages in sexual harassment may be subject to disciplinary action up to and including dismissal.

Pupil Fees
The District shall follow uniform complaint procedures when addressing complaints alleging a failure to comply with state or federal law or regulations, including allegations that a student has been required to pay a pupil fee for participation in an educational activity, other than those fees, deposits, or other charges allowed by law.


To File a Complaint
The District is primarily responsible for compliance with federal and state laws and regulations, including allegations that a student has been required to pay a pupil fee (as defined in Education Code section 49010), for participation in an educational activity (as defined in Education Code section 49011), other than those fees, deposits or other charges allowed by law. Any student, staff member, or parent who feels that unlawful discrimination, harassment, intimidation, and/or bullying or sexual harassment has occurred should immediately contact a teacher, the school principal, or district Title IX/Compliance Officer. A formal complaint may be initiated at the school or by directly contacting the Title IX/Compliance Officer. Copies of the Uniform Complaint Form may be obtained from the school office or Title IX/Compliance Officer. Copies of the complaint procedures shall be available free of charge.

1. Filing a Complaint: Obtain a copy of the Uniform Complaint Form from the school or Title IX/Compliance Officer. Submit the complaint form to the school principal or Title IX/Compliance Officer.
 
2. Investigation: The District will investigate the complaint and provide a written report of the investigation and decision within 40 days of when the complaint is filed.

3. Mediation: Mediation is optional. It involves a third party who assists the parties in resolving the dispute. If mediation is used, the time lines are extended by 30 days.

4. Appeals: If the person making the complaint disagrees with the District’s decision, he/she has 5 days to appeal the decision to the school district Board of Education; or alternatively, 15 days to appeal the decision to the California Department of Education.

5. A person filing a complaint may also seek civil law remedies, subject to certain time lines.

6. At any time, a complainant has the right to file a complaint alleging violations of federal laws or regulations, prohibiting unlawful discrimination, harassment, intimidation, and/or bullying based on actual or perceived sex, race or ethnicity, color, national origin, nationality, religion, age, sexual orientation, sexual preference, ancestry, ethnic group identification, gender, gender expression, gender identity, physical or mental disability, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics with the United States Department of Education, Office for Civil Rights, 50 Beale Street, Suite 7200, San Francisco, CA 94105.

Complaints will be kept as confidential as appropriate.
The District prohibits retaliation against any participant in the complaint process. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned.

If you have a complaint, contact a teacher, principal, site administrator, or:
Title IX/Compliance Officer
Rob Pecot, Director of Student Services
1875 W. Lowell Avenue
Tracy, CA  95376
Telephone: (209) 830-3280
 (8/2019)
 

Title IX - Sex Based Discrimination


TITLE IX – Sex Based Discrimination

Title IX – Sex-based discrimination is prohibited.
Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex-based discrimination in all educational programs and activities, including athletic programs. No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity operated by the Tracy Unified School District (“District”).  Title IX protects all participants in the District’s educational programs and activities, including students, parents, employees, and job applicants.  The District does not discriminate on the basis of sex.  Discrimination on the basis of sex can include sexual harassment and sexual violence. 

In addition to Title IX, the California Education Code prohibits discrimination based on sex in education programs and activities in schools.  (Education Code sections 220-221.1.) 

Other state and federal laws also prohibit discrimination and ensure equality in education.

Title IX information provided here applies to every school site and to all District programs and activities. 

What are my rights under Title IX?
You have the following rights under Title IX, to the extent applicable at the District:
•    You have the right to fair and equitable treatment and shall not be discriminated against based on your sex.
•    You have the right to be provided with an equitable opportunity to participate in all extracurricular activities, including both academics and athletics.
•    You have the right to inquire of the athletic director at your school or appropriate District personnel as to the athletic opportunities offered by the school.
•    You have the right to apply for athletic scholarships if the District offers any.
•    You have the right to receive equitable treatment and benefits in the provision of all the following related to athletics, if any are provided by the District:
o    Equipment and supplies;
o    Scheduling of games and practices;
o    Transportation and daily allowances;
o    Access to tutoring;
o    Coaching;
o    Locker rooms;
o    Practice and competitive facilities; 
o    Medical and training facilities and services; and
o    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.  (California Education Code section 221.8.)

The District has the responsibility to respond promptly and effectively to sex-based discrimination complaints, including sexual harassment and sexual violence.  If the District 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 District must resolve complaints of sex discrimination promptly and equitably.  Information on filing a complaint alleging sex-based discrimination is provided below.

•    United States Department of Education Office for Civil Rights:

http://www2.ed.gov/about/offices/list/ocr/index.html
http://www2.ed.gov/policy/rights/guid/ocr/sex.html (sex discrimination)
http://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.pdf (prohibition against sexual harassment and sexual violence)
https://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201104.html
(addressing sexual violence) 
https://www2.ed.gov/about/offices/list/ocr/docs/dcl-know-rights-201306-title-ix.pdf (pregnant or parenting individuals)
•     California Department of Education Office of Equal Opportunity:
http://www.cde.ca.gov/re/di/eo
http://www.cde.ca.gov/re/di/eo/genequitytitleix.asp (Gender Equity/Title IX))
•    District nondiscrimination statements, policies and regulations:
https://www.tracy.k12.ca.us/SuperintendentOffice/Shared%20Documents/STATEMENT%20OF%20NON-DISCRIMINATION.pdf 
https://www.tracy.k12.ca.us/Board/BoardPolicy/4000%20-%20PERSONNEL/4030%20BP%20NONDISCRIMINATION%20IN%20EMPLOYMENT.pdf 
https://www.tracy.k12.ca.us/SuperintendentOffice/Shared%20Documents/REQ.%20NOTICE%20UNIFORM%20COMPLAINT%20PROCEDURE.pdf 

The District Title IX coordinator:
Rob Pecot, Director of Student Services
1875 W. Lowell Avenue
Tracy, CA  95377
(209) 830-3280
rpecot@tusd.net 
 
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 under the District’s Uniform Complaint Procedure (“UCP”) process by sending a complaint to:

Rob Pecot, Director of Student Services
1875 W. Lowell Avenue
Tracy, CA  95377
(209) 830-3280
rpecot@tusd.net 

The UCP information, including the ability to access District Board Policy/Administrative Regulation 1312.3, is available on the Uniform Complaint Procedure Page and the complaint form will be available to download by clicking the link on that page.  If you need assistance putting your complaint in writing, please contact the Student Services Department at (209) 830-3280.  You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of information.

You may also file a discrimination complaint with the United States Department of Education Office for Civil Rights (“OCR”).  For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.  The electronic complaint form for OCR is available online at https://ocrcas.ed.gov.  You may contact OCR at:

San Francisco Office
Office of Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102
(415) 486-5555
Fax: (415) 486-5770; TDD: (800) 877-8339 
Email: ocr.sanfrancisco@ed.gov

For information about how to file other types of complaints and the procedures for those complaints, please contact the District’s Human Resources Department, (209) 830-3260.

When must a complaint be filed?
A complaint alleging unlawful discrimination or retaliation must be filed no later than six (6) months from the date the discrimination or retaliation occurred, or six (6) months from when the complainant first learned of the unlawful discrimination.  The Superintendent or designee may extend this timeline by up to ninety (90) days for good cause, upon written request by the complainant setting forth the reasons for the extension.

How will a complaint be investigated?
Complaints filed under the District’s UCP process will be investigated and a decision made within sixty (60) calendar days of the District’s receipt of the complaint, unless the complainant agrees to an extension.  The District’s compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses, as well as review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation.  The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred.  The complainant will be notified in writing when the decision is made.

Other types of complaints not filed under the UCP process will be investigated and decided pursuant to the applicable procedure.

What happens when the investigation is complete?
For complaints filed under the UCP process, the compliance officer will prepare and send a final written decision to the complainant within sixty (60) calendar days of the District’s receipt of the complaint (unless the timeline is extended by mutual agreement, in writing). 

If the complainant is not satisfied with the decision, the complainant may, within five (5) days, file an appeal in writing to the District’s Board of Education.  The Board of Education may consider the matter in closed session at a regularly scheduled board meeting.

Complainant has the right to appeal the decision to the State Superintendent of Public Instruction, California Department of Education (“CDE”), within fifteen (15) days of receipt of the decision.  When appealing to CDE, Complainant must specify the reason(s) for the appeal and whether the District’s facts are incorrect and/or the law is misapplied.  The appeal must include a copy of the original complaint to the District and the District’s decision.  For more information, visit the CDE’s webpage on Uniform Complaint Procedures at http://www.cde.ca.gov/re/cp/uc/.

For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers or public/private interest attorneys, sixty (60) days after filing an appeal with CDE. (California Education Code section 262.3.)  The sixty (60) day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law.  (California Education Code section 262.3.)

Complaints may also be filed with OCR within 180 days of the alleged discrimination.  For more information:  http://www2.ed.gov/about/offices/list/ocr/complaintintro.html. File Complaint Here

If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.  

Education Code section 221.61:
(a) On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following:

(1) The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator's phone number and email address.

(2) The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department's Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8.

(3) A description of how to file a complaint under Title IX, which shall include all of the following:
(A) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations.
(B) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights' Internet Web site.
(C) An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office.

(b) On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX.

(c) A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education.

(d) Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one.
 

Annual Notice Uniform Complaint Procedures (UCP) 2019-2020

Title IX Annual Notice to Principals

FROM:  Brian Stephens, Ed.D.
TO:        All Site Principals
DATE:   August 12, 2019
RE:        Annual Letter Regarding Responsibilities of Title IX

Sent Via Email

This is to inform you that under the requirements of Title IX, all school sites must post in a prominent and conspicuous location of their internet web sites all of the following:

(1) The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address.

(2) The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8.

(3) A description of how to file a complaint under Title IX, which shall include all of the following:

(A) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations.

(B) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site.

(C) An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office.

(b) On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX.

(c) A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education.

(d) Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one.

UNIFORM COMPLAINT PROCEDURE

Please review the policies below to view the AR (Administrative Regulations) or BP (Board Policy):

1312.3 AR UCP
1312.3 AR UCP with LCAP - Spanish
1312.3 BP UCP
1312.3 BP UCP with LCAP - Spanish

If you have a UCP complaint, contact a teacher, principal, site administrator, or:
Title IX/Compliance Officer
Rob Pecot, Director of Student Services
1875 W. Lowell Avenue
Tracy, CA  95376
Telephone:  (209) 830-3280
(08/2019)