Title IX

Title IX Coordinator

Edward Pekar: Assistant Superintendent, Instructional Programs
Edward_pekar@lksd.org
907-543-4858

 

What is Title IX

Title IX is a federal law that prohibits sex-based discrimination and sexual harassment against students and employees of educational institutions that receive federal funding, including public school districts. Title IX requires school districts to develop and implement policies and take other actions necessary to promptly, appropriately, and effectively address complaints of sex-based discrimination or sexual harassment in any district program or activity.

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal Financial assistance." Source: U.S. Department of Education

LKSD Non-Discrimination Policy

Non-Discrimination in District Programs and Activities
(from the Lower Kuskokwim School District Parent-Student Handbook, August 2020)

 The LKSD School Board is committed to equal opportunity for all individuals in education. District programs and activities shall be free from discrimination based on age, gender, race, color, religion, national origin, ethnic group, marital or parental status, physical or mental disability or any other unlawful consideration. The Board shall promote programs which ensure that discriminatory practices are eliminated in all district activities.

 District programs and facilities, viewed in their entirety, shall be readily accessible to individuals with disabilities. The Superintendent shall ensure that interested persons, including individuals with disabilities, can obtain information about the programs, facilities and activities available to them.

 The Superintendent shall annually notify students and parents of the district’s policy on nondiscrimination and related complaint procedures.

District Policies

Public Complaints Concerning Discrimination (AR 1312.3)
Public Complaints Concerning Discrimination (PB 1312.3)
Harassment, Personnel (PB 4119.12)

Grievance Process

From AR 1312.3:

"The compliance officer shall notify all parties involved when a complaint is filed, when a complaint meeting or hearing is scheduled, and when a decision or ruling is made. The compliance officer shall maintain a record of each complaint and when it was received, attempts to resolve the complaint, including a record of any hearings, and the district’s written decision regarding the complaint. The compliance officer shall ensure that a final decision regarding any complaint of unlawful sex or race discrimination is reached within 60 days of receipt of the complaint.

Filing of Complaint

 Any district resident may file a written complaint of alleged noncompliance with the district compliance officer. If a complainant is unable to put a complaint in writing due to conditions such as illiteracy or other handicaps, district staff shall assist him/her to file the complaint.

 Investigation of Complaint

 The compliance officer shall hold an investigative meeting within five days of receiving the complaint or attempting to mediate the complaint. This meeting shall provide an opportunity for the complainant and/or his/her representative and the district’s representatives to present information  relevant to the complaint. Parties to the dispute may discuss the complaint and question each other or each other’s witnesses.

 To ensure that all pertinent facts are made available, the compliance officer and the complainant may ask other individuals to attend this meeting and provide additional information.

 Written Decision

 Within 30 days of receiving the complaint, the compliance officer shall prepare and send to the complainant a written report of the district’s investigation and decision, including:

  1.  The findings and disposition of the complaint, including corrective actions, if any.
  2.  The rationale for the above disposition.
  3.  Notice of the complainant’s right to appeal the decision and procedures to be followed for initiating such an appeal.

 Appeal to the Board

 Within five days of receiving the district’s written decision, the complainant may appeal the compliance officer’s decision to the LKSD School Board. The Board shall consider the matter at its next regular Board meeting or at a special Board meeting convened in order to provide a Board hearing and written district decision within 60 days of the district’s initial receipt of the complaint or within an extended time period that has been specified in a written agreement with the complainant.

 State or Federal Appeal

 If dissatisfied with the resolution of a complaint alleging unlawful sex or race discrimination, the complainant may file an appeal with the Commissioner of Education within 180 days of the alleged violation.  (4 AAC 06.560)

 If dissatisfied with the resolution of a complaint regarding a Title I program, the complainant may request its review by the U.S. Secretary of Education.  (34 Code of Federal Regulations, 200.74)"

External Agencies

An LKSD employee, applicant for employment, or student who chooses not to file a complaint through the district process, or who is unsatisfied with the determination of a district investigation, may file a complaint with the following external agencies:

U.S. Equal Employment Opportunity Commission
800-669-4000 / TTY 800-669-6820 / info@eeoc.gov

U.S. Department of Education, Office for Civil Rights
800-421-3481 / TTY 800-877-8339 / ocr@ed.gov

Alaska State Commission for Human Rights
907-274-4692 / TTY 907-276-3177

Alaska Labor Relations Agency
907-269-4895

Title IX Training
*Coming Soon*

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