Any person and all mandated reporter(s) that have heard, witnessed or experienced any form of discrimination, bullying, intimidation, stalking, harassment, or sexual misconduct on a BUSD campus or sponsored activity.
How To File a Complaint
Complaints can be filed at anytime with the Title IX Coordinator. When filing a compliant the Title IX Coordinator strongly encourages the use of the Universal Complaint Form, available at the District Office. However, the Title IX Coordinator will also accept a phone call, office visit, as well as an email or written document which includes: the Complainant name, contact information, a description of the conduct believed to be discriminatory,
harassing, bullying, intimidation, stalking and/or retaliatory with approximate date(s) when these actions occurred,
and the name(s) and contact/status information (if known) of the respondent(s).
The Title IX Coordinator may request that the complainant complete the complaint form.
BUSD Title IX Coordinator:
Dr. Janet Gray, Compliance Officer
161 W. Williams Street
Banning, CA. 92220
951-922-0200 ext. 104005
Equitable Complaint Process
Banning Unified School District (BUSD) has established procedures to receive, investigate and resolve Title IX violation complaints. These procedures are designed to provide a supportive process for individuals who report discrimination and to ensure a fair process for individuals who are accused of discriminatory conduct. Internal investigation of allegations of institutional discriminatory treatment or systemic discriminatory practices is intended to ensure that BUSD meets its commitment to an open and inclusive educational and employment environment.
These procedures also describe BUSD's efforts to conduct timely, thorough, and fair investigations as required by law. This procedure applies to all aspects of BUSD's operations and programs. It applies to all students and employees, including faculty, administrators, classified staff, administrators, as well as student employees. It also applies to all vendors, contractors, subcontractors and others who do business with the BUSD. It applies to all visitors or guests on campus to the extent that there is an allegation of harassment made by them against BUSD students, employees, affiliates or agents.
Under Title IX, both the accuser and accused have equal rights, such as the right to:
Have an adviser of choice present during the process (this includes an attorney if allowed at all by schools)
Present evidence or have witnesses speak on their behalf
Have timely access to information that will be used at the hearing (if case goes to hearing)
Be present at pre-hearing meetings that provide an opportunity to present their testimony
Receive the final hearing decision in writing at the same time as the other party
Have the right to appeal a final decision
School are encouraged to exercise discretion and not require the accused and accuser to directly interact in some instances, which may be re-traumatizing
In addition, since Title IX is a federal civil right, the appropriate standard of evidence is a “preponderance of the evidence.”
This standard of evidence means that a hearing must determine whether a complaint of sex discrimination is “more likely than not” to have occurred or 51% likely to have occurred. This standard applies for all complaints of sex discrimination, including sexual harassment and violence, because Title IX outlines standards for school disciplinary processes — not criminal complaints, which require the highest standard of evidence, “beyond a reasonable doubt.”
Privacy and Confidentiality
Protection and Privacy
Banning Unified School District Title IX Coordinator works to ensure your privacy and confidentiality is maintained as governed by the law.
Title IX law states that the District is to take immediate action when a complaint is made into both investigation of the case as well as to protect the complainant. The Title IX Coordinator will meet with each individual to determine necessary protective steps needed.
It can often feel uncomfortable to submit your name on a report or filed complaint. The Title IX Coordinator works to maintain confidentiality and privacy in all Title IX reports and to protect the complainant and/or reporter. Although there are degrees in which the Title IX Coordinator may not be able to maintain the anonymity of one's name, it is important to provide contact information when reporting so that an immediate and thorough investigation of the incident may occur.
Unsure that resolution will take place
It is common to fear filing a complaint because of the concern that no action or resolution will take place. However, the law requires the District to take immediate action and see the case through to resolution.
Safety for attending class, program activity, or scheduled work
When reporting a Title IX incident fear of returning to the location or seeing the perpetrator again can cause fear and anxiety. It is the law and commitment of the Banning Unified School District to create a safe environment and to take necessary actions in order to ensure that each person has access to education and the workplace.
It is not unusual to wonder what actions the perpetrator may take once they have learned a complaint has been filed against them. According to Title IX law, it is illegal for a person to retaliate in any form due to a reported and filed complaint. If retaliation takes place, it is the Title IX Coordinators responsibility to take immediate action to stop the action(s).
How To File A Discrimination Complaint With The Office Of Civil Rights
The Complainant also has the right to file a complaint with the Office Of Civil Rights (OCR).A complaint must ordinarily be filed within 180 days of the last act of discrimination.
If your complaint involves matters that occurred longer ago than this and you are requesting a waiver, you will be asked to show good cause why you did not file your complaint within the 180-day period.