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NONDISRIMINATION/HARASSMENT

ADMINISTRATIVE REGULATION – 5145.3

The Irvine Unified School District designates the individuals identified below as the District Compliance Officers. These employees are responsible for coordinating the District’s efforts to comply with applicable state and federal civil rights laws and to answer inquiries regarding the District’s nondiscrimination policies. The individuals shall also serve as the Compliance Officers specified in Administrative Regulation 1312.3: Uniform Complaint Policy as the responsible employees to handle complaints alleging discrimination of a student, and the Title IX Coordinator specified in Administrative Regulation 5145.71: Sexual Harassment Complaint Procedures, as the responsibility of the employee to handle complaints alleging unlawful sex discrimination and sex-based harassment as permitted by law. (Education Code 234.1; 5 CCR 4621)

The Compliance Officers may be contacted at:

Executive Director, Elementary Education 
5050 Barranca Parkway, Irvine, CA. 92604
(949) 936-5055
StanMachesky@iusd.org

Executive Director, Secondary Education
5050 Barranca Parkway, Irvine, CA. 92604 
(949) 936-5047
KeithTuominen@iusd.org 

Measures to Prevent Discrimination

To prevent unlawful discrimination, including discriminatory harassment, intimidation, retaliation, and bullying, of students at district schools or in school activities and to ensure equal access for all students to the educational program, the Superintendent or designee shall implement the following measures:

  1. Publicize the District’s nondiscrimination policy and related complaint procedures, including the Compliance Officer’s contact information, to students, parents/guardians, employees, volunteers, and the general public by posting them in prominent locations and providing easy access to them through district  supported communications.
  2. Post the District’s policies and procedures prohibiting discrimination, harassment, student sex-based harassment, intimidation, bullying, and cyberbullying, that includes all of the references described in Education Code 234.6 as possible forums for social media, in a prominent location on the District’s website in a manner that is easily accessible to parents/guardians and students (Education Code 234.1, 234.6)
  3. Post the definition of sex discrimination and harassment as described in Education Code 230, including the rights set forth in Education Code 221.8, in a prominent location on the District’s website in a manner that is easily accessible to parents/guardians and students (Education Code 234.6)
  4. Post in a prominent location on the District website in a manner that is easily accessible to parents/guardians and students information regarding Title IX prohibitions against discrimination based on a student’s sex; sex characteristics; sexual orientation; gender; gender identity; pregnancy; childbirth; termination of pregnancy or lactation; including related medical conditions or recovery; and parental, marital, and family status, including the following: (Education Code 221.6, 221.61, 234.6)
    1. The name and contact information of the District’s Title IX Coordinator, including the phone number and email address
    2. The rights of students and the public and the responsibilities of the District under Title IX, including a list of rights as specific in Education Code 221.8 and web links to information about those rights and responsibilities located on the websites of the Office for Equal Opportunity and the U.S. Department of Education’s Office for Civil Rights (OCR)
    3. A description of how to file a complaint of noncompliance under Title IX, which shall include:
      1. 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
      2. An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including web links to this information on OCR’s website
      3. A web link to the OCR complaints form and the contact information for the office, including the phone number and email address for the office.
    4. A link to the Title IX information included on the California Department of Education’s (CDE) website
  5. By April 1, 2025, post CDE’s standardized incident form to track racial discrimination, harassment, or hazing that occurs at high school sporting games or events, including information on how to submit a completed incident form to the District (Education Code 33535)
  6. Post in a prominent location on the District’s website and include in handbooks, announcements, bulletins, and other communications for students, parents/guardians or other authorized legal representative, and employees, the Title IX notice of nondiscrimination which includes the following: (34 CFR 106.8)
    1. The District prohibits sex discrimination in any education program or activity that it operates
    2. That individuals may report concerns or questions to the Title IX Coordinator
    3. The location of the complete notice on the District’s website
  7. Annually notify all students and parents/guardians of the District’s nondiscrimination policy, including its responsibility to provide a safe, nondiscriminatory school environment for all students. The notice shall inform students and parents/guardians that they may request to meet with the Compliance Officer to determine how best to accommodate or resolve concerns that may arise from the District’s implementation of its nondiscrimination policies. The notice shall also inform all students and parents/guardians that, to the extent possible, the District will address any individual student’s interests and concerns in private.
  8. Ensure that students and parents/guardians, including those with limited English proficiency, are notified of how to access the relevant information provided in the District’s nondiscrimination policy and related complaint procedure, notices, and forms in a language they can understand. If fifteen (15) percent or more of students enrolled in particular district schools speak a single primary language other than English, the District’s policy, regulation, forms, and notices concerning nondiscrimination shall be translated into that language in accordance with Education Code 234.1 and 48985. In all other instances, the District shall ensure meaningful access to all relevant information for parents/guardians with limited English proficiency.
  9. Provide to certificated employees serving students in grades 7-12 information on existing school and community resources related to the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) students, or related to the support of students who may face bias or bullying on the basis of any of the actual or perceived characteristics in Penal Code 422.55, including immigration status; Education Code 220; and disability, gender, gender identify, gender expression, nationality, race or ethnicity, religion, sexual orientation; or association with a person or group with one or more of these actual or perceived characteristics (Education Code 234.1)
  10. For the 2025-2026 school year through the 2029-2030 school year, provide annually to certificated employees serving students in grades 7-12 at least one (1) hour of training to support LGBTQ+ cultural competency in accordance with Education Code 218.3
  11. At the beginning of each school year, inform school employees that any employee who witnesses any act of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, against a student is required to intervene if it is safe to do so (Education Code 234.1)
  12. At the beginning of each school year, inform each principal or designee of the District’s responsibility to provide appropriate assistance or resources to protect students from threatened or potentially discriminatory behavior and ensure their privacy rights

Process for Initiating and Responding to Complaints

Students who feel they have been subjected to unlawful discrimination as described above, or in district policy, are strongly encouraged to immediately contact the Compliance Officer, Title IX Coordinator, principal, or any other staff member. In addition, students who observe any such incident are strongly encouraged to report the incident, regardless of whether the alleged victim files a complaint.

Any school employee who observes an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, or to who such an incident is reported shall report the incident to the Compliance Officer, Title IX Coordinator, or principal within one (1) workday, regardless of whether the alleged victim files a complaint.

Any school employee who witnesses an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall immediately intervene to stop the incident when it is safe to do so. (Education Code 234.1)

When a report of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, is made to or received by the principal, Compliance Officer, or Title IX Coordinator, the principal, Compliance Officer, or Title IX Coordinator shall notify the student or parent/guardian of the right to file a formal complaint in accordance with Administrative Regulation 1312.3: Uniform Complaint Policy or, for complaints of sex discrimination, including sex-based harassment, the right to initiate the Title IX grievance procedures as specified in Administrative Regulation 5145.71- Title IX Sexual Harassment Complaint Procedures. Once notified verbally or in writing, the Compliance Officer or Title IX Coordinator shall begin the investigation and shall implement immediate protective measures necessary to stop the discrimination and ensure that all students have access to the educational program and a safe school environment. Any interim measures adopted to address unlawful discrimination shall, to the extent possible, not disadvantage the complainant or a student who is the victim of the alleged discrimination.

Any report or complaint alleging unlawful discrimination by the principal, Compliance Officer, Title IX Coordinator, or any other person to whom a report would ordinarily be made or complaint filed, shall instead be made to or filed with the Superintendent or designee who shall determine how the complaint will be investigated.


Established: August 27, 2024