Five Keys Schools and Programs (Five Keys) should be a place where you can learn, grow as a person and explore the world around you without fear of discrimination, harassment or sexual misconduct.

With that in mind, Five Keys wants you to be aware of your rights under Title IX and what you can do if you feel that you have been a victim of gender-based discrimination, harassment or sexual misconduct.

Title IX, VI and II Prohibition on Discriminatory Harassment or Bullying of Students on the Basis of Sex/Race/Color/National Origin/Disability

C.F.R. § 106.31, subd. (a), each Five Keys student and employee has a right to learn and work in an environment that is safe, free from unlawful discrimination and are treated equally and fairly. Five Keys is committed to provide a workplace and educational environment free of sexual harassment and considers such harassment to be a major offense, which may result in disciplinary action. 

No Five Keys student or employee shall be excluded from participation in, be denied the benefits of, or be subject to harassment or other discrimination in any academic, extracurricular, research, occupational training, or other program or activity on the basis of actual or perceived sex, sexual orientation, gender, or gender identity or expression. This policy is inclusive of instances that occur while the following: on any school campus; at school-sponsored events and activities, regardless of location; through school-owned technology; and through other electronic means.

As used in this policy, discrimination, sexual harassment, harassment, intimidation, and bullying are described as the intentional conduct, including verbal, physical, written communication or cyber-bullying, including cyber sexual bullying, based on the actual or perceived characteristics of disability, pregnancy, gender, gender identity, gender expression, nationality, ancestry, race or ethnicity, immigration status, religion, religious affiliation, sexual orientation, childbirth or related medical conditions, marital status, age, or association with a person or group with one or more of these actual or perceived characteristics or any other basis protected by federal, state, local law, ordinance or regulation. Hereafter, such actions are referred to as “misconduct prohibited by this Policy.” Additionally, all Five Keys employees are required to provide appropriate supervision to enforce standards of conduct and, if they observe or become aware of misconduct prohibited by this Policy, to intervene as soon as it is safe to do so, call for assistance, and immediately report such incidents to the Title IX Coordinator.

On April 19, 2024, the U.S. Department of Education released its final rule to fully effectuate Title IX’s promise that no person experiences sex discrimination in federally funded education.

• Title IX of the Education Amendments of 1972

• Summary of Major Provisions of the Department of Education’s Title IX Final Rule

• FACT SHEET: U.S. Department of Education’s 2024 Title IX Final Rule Overview

You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex

• You have the right to be provided with an equitable opportunity to participate in all academic or extracurricular activities

• You have the right to receive equitable treatment and benefits in the provision of all of the following:​ equipment and supplies, access to tutoring, coaching, publicity or any other school benefit

• You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws

• You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State 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

For more information on your rights under Title IX please visit the following websites:

• ​California Department of Education Office for Civil Rights​

• United States Department of Education Office for Civil Rights​

Five Keys Sexual Misconduct Policy applies to any instance in which a person is alleged to have engaged in sexual misconduct. Whether you are a student, employee, partner or visitor, you have the right to file a complaint. Complaints or reports of sexual misconduct should be submitted to the Title IX Coordinator and/or the Deputy Title IX Coordinator. View the Sexual Misconduct Policy here. 

Before you report a problem, be sure you understand Five Keys reporting obligations and who to go to if you would prefer for information to stay confidential.

All Five Keys Charter School employees are legally required to report actual or suspected sexual misconduct to appropriate officials.

Five Keys recognizes that confidentiality is important.  Failure to keep information confidential may hurt the ability of Five Keys to investigate and resolve claims of sexual misconduct. However, although Five Keys employees are committed to respecting the confidentiality and privacy of all parties (people), we cannot guarantee complete confidentiality.

If the person making the complaint does not wish for their name to be shared, including with the person being accused; or does not wish for an investigation to take place; or does not want a formal resolution to be pursued, the alleged victim may make such a request. The Title IX Coordinator and Deputy Title IX Coordinator will evaluate the request in light of their duty to ensure the safety of the school locations and to comply with federal law.

In cases indicating pattern, predation, threat and/or violence, Five Keys may be unable to honor a request for confidentiality.  When Five Keys must override a request for confidentiality in order to comply with Title IX or other federal, state, or local laws, the information will only be shared, as necessary, with those individuals involved in responding to and investigating the complaint. If it is determined that the identity of the person making the complaint (who wanted to remain anonymous) must be disclosed, the Title IX Coordinator shall the individual prior to disclosure.

Some resources (people) may serve in a professional role that permits them to maintain your confidentiality, meaning they are not required to report actual or suspected sexual misconduct to officials.

These people can offer options and advice without any obligation to report unless you ask them to do so.

If you would like the details of an incident to be kept confidential, you may speak with a professional who does not work for Five Keys:

• counselors, therapists, mental health providers (cannot be a Five Keys employee)

• rape crisis counselors

• domestic violence resources

• local or state assistance agencies

• members of the clergy/chaplains

These people will maintain confidentiality except in extreme cases — such as when there is an immediate threat or danger, or when abuse of a minor is involved.

Expecting students and teen parents have a right to equal education, full participation, and to enroll in any school or program for which they would otherwise qualify at any stage of the pregnancy. They have the right to remain in their regular or current school program, including elementary or secondary schools, honors and magnet programs, special education and non- public school placements, alternative/options programs, migrant education, free and reduced lunch programs and services for English Learners, and any others for which they are otherwise qualified. This would also include participation in the following: graduation, awards, ceremonies; field trips; student clubs, councils, after-school activities, and any other school-related programs. Students cannot legally be expelled, suspended, or otherwise excluded from, or required to participate in school programs solely on the basis of their pregnancy-related conditions, or marital or parental status.

Transgender and gender variant pupils shall be allowed to access Five Keys programs and facilities in accordance with their gender identity, irrespective of the gender listed on their pupil records to the extent consistent with federal and state laws, policies of Probation, any court orders, and legal settlements.

Five Keys will not condone or tolerate misconduct prohibited by this Policy by any employee, independent contractor or other person with which Five Keys does business, or any other individual, student, parent/guardian or volunteer.

Five Keys has the responsibility of responding quickly to accusations of sexual misconduct or harassment and to provide support to the person bringing forth the complaint (complainant) even if a formal complaint is not filed. Formal complaints made under Title IX must meet the definition of “sexual harassment” as defined in the law as:

“Support” is defined as:

Individualized services reasonably available that are nonpunitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.

“Sexual harassment” defined as:

• Any quid pro quo harassment by a school’s employee;

• “Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive” that it “denies” a person equal educational access;

• Sexual assault

• Dating Violence

• Domestic violence; or

• Stalking

The Title IX Coordinator has the primary responsibility for coordinating the school’s efforts to comply with and carry out its responsibilities under Title IX, which prohibits sex discrimination in all the operations of Five Keys, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX.

Sexual misconduct against students, including sexual harassment, sexual assault, rape, and sexual exploitation, can be a form of sex discrimination under Title IX. The Title IX coordinator oversees Five Keys’ response to reports and complaints that involve possible sex discrimination to monitor outcomes, identify and address any patterns, and assess effects on the campus climate, so that Five Keys can address issues that affect the wider school community.

A student or employee should contact the Title IX Coordinator in order to:

• seek information or training about students’ rights and courses of action available to resolve reports or complaints that involve potential sex discrimination, including sexual misconduct,

• file a complaint or make a report of sex discrimination, including sexual misconduct,

• notify Five Keys of an incident or policy or procedure that may raise potential Title IX concerns,

• get information about available resources (including confidential resources) and support services relating to sex discrimination, including sexual misconduct, and

• ask questions about Five Keys policies and procedures related to sex discrimination, including sexual misconduct.

Contact Information:

TITLE IX COORDINATOR

• Kelly Wong, HR Business Partner

• Work Cell Phone:  323-207-0178

• Email:  kellyw@fivekeys.org

DEPUTY TITLE IX COORDINATOR

• Fausto Perez, HR Manager

• Work Cell Phone:  213-358-8527

• Email:  faustop@fivekeys.org

Five Keys affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. Policies are subject to an equitable resolution process. The Sexual Misconduct Policy is applicable regardless of the status of the parties involved, who may be members or nonmembers of the Five Keys community, students, student organizations and employees.

Five Keys reserves the right to act on incidents of sexual misconduct occurring at a Five Keys classroom location or outside of classroom locations. Incidents of sexual misconduct that occur outside of classroom locations will be treated in the same manner as complaints about sexual misconduct inside Five Keys classrooms if it is determined that the alleged sexual misconduct occurred in the context of an educational program or activity or may have an ongoing effect on the Five Keys environment.

In most cases, online postings or other electronic communication by students is not subject to Five Keys policies if it happens completely outside Five Keys control (meaning not on Five Keys networks or websites or between Five Keys email accounts). This includes cyberbullying, cyberstalking, cyber harassment, etc. Such behavior will only ​be subject to Five Keys policies when the behavior can be shown to cause a substantial classroom disruption.

However, online postings or electronic communication that qualifies as sexual misconduct is subject to Five Keys Sexual Misconduct Policy, regardless of whether it occurs on Five Keys networks or websites, or between Five Keys email accounts. If such conduct takes place outside Five Keys control, the behavior will be subject to the Sexual Misconduct Policy if it is determined that the alleged sexual misconduct occurred in the context of an educational program or activity or may have an ongoing effect on the Five Keys environment.

All Five Keys personnel involved in the Title IX process will undergo the necessary and required training through the school’s annual training process and outsourced training prior to the first day of school. In addition to the Title IX team, all Five Keys employees must complete mandatory training around sexual harassment in accordance to California Law.

Once the Title IX coordinator has been made aware of the allegation(s), they will confidentially contact the victim (or complainant) to discuss the following:

• The availability of supportive measures,

• Consider the complainant’s wishes with respect to supportive measures,

• Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and

• Explain to the complainant the process for filing a formal complaint.

It should be noted that the respondent (the accused) is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. However, Five Keys exercises the right to provide for certain emergency exceptions where students may be removed from school prior to the conclusion of a grievance process that arises from an allegation of sexual harassment; based on an individualized safety and risk analysis and determines that there is an imminent threat to the physical health or safety to students or employees.

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment) and request an investigation, in person, by mail, or by e- mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s written report. Such a report may be made at any time, including during non-business hours, by using the contact information listed for the Five Keys Title IX Coordinator.

Under new provisions of the law (Final Rule), a formal complaint must be signed by the complainant or by a parent/ guardian on behalf of the complainant. While parents and guardians do not become complainants (or respondents), the Final Rule expressly recognizes the legal rights of parents and guardians to act on behalf of parties (including by filing formal complaints) in Title IX matters. A complainant’s wishes with respect to whether the school investigates will be respected unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation over the wishes of the complainant is not clearly unreasonable in light of the known circumstances. In circumstances where the Title IX Coordinator signs a formal complaint Where the Title IX Coordinator signs a formal complaint, they are not a complainant or a party during a grievance process, and must comply with requirements for Title IX personnel to be free from conflicts and bias.

It should be noted that the Final Rule provides rape shield protections for complainants (as to all recipients), deeming irrelevant questions and evidence about a complainant’s prior sexual behavior unless offered to prove that someone other than the respondent committed the alleged misconduct or offered to prove consent.

Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex. All complaints shall be appropriately investigated in a timely manner.

Within 10 business days after the Title IX Coordinator receives the complaint, the Title IX Coordinator shall begin an investigation into the complaint; at which time, the Title IX Coordinator will send written notice of the allegations to both parties upon receiving a formal complaint and notice of any investigative interviews, meetings, or hearings. Written notice will include the grievance process, sufficient details of the allegation(s), the right to an advisor and results of false statements or false information. Prior to the completion of the investigation report, all evidence related to the allegations raised in a formal complaint must be sent to both parties. During this time, both parties will have ten (10) days to provide written responses which the investigator must consider. Once the investigative report has been sent to both parties and before reaching a determination regarding responsibility, the decision-maker will:

• Afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness

• Provide each party with the answers

• Allow for an additional three (3) days for limited follow-up questions from each party

Five Keys shall issue a written decision based on the evidence within sixty (60) calendar days from receipt of the written complaint by the Title IX Coordinator, unless an extension is appropriate pursuant to Five Keys policy. Determination must be made using the clear and convincing evidentiary standard. Which means “that proof which results in reasonable certainty of the truth.”

Any complainant who is dissatisfied with the final written decision may file an appeal in writing with the designated Five Keys administrator within 15 calendar days from the date when the school’s decision was sent.

Through the Title IX process, Five Keys holds the right to dismiss a formal complaint or allegations therein by discretion. Other reasons for dismissal of a formal complaint or allegations therein are:

• The complainant informs the Title IX Coordinator in writing that the complainant desires to withdraw the formal complaint or allegations therein;

• The respondent is no longer enrolled or employed by the school; or

• Specific circumstances prevent the school from gathering sufficient evidence to reach a determination.

In the event that a formal complaint is dismissed, written notice will be sent to the complainant, with appeal rights attached. Five Keys is required to dismiss any formal complaints when the alleged conduct:

• Would not constitute sexual harassment by definition (stated above)

• Did not occur in Five Keys’ education program or activity

• The alleged conduct did not occur in the United States

It should be noted that Five Keys may still address the allegations in any manner the school deems appropriate under the school’s own non-discrimination, harassment, intimidation and bullying policies.

The Final Rule expressly prohibits retaliation:

• Charging an individual with code of conduct violations that do not involve sexual harassment, but arise out of the same facts or circumstances as a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX constitutes retaliation.

• The school must keep confidential the identity of complainants, respondents, and witnesses, except as may be permitted by FERPA, as required by law, or as necessary to carry out a Title IX proceeding.

• Complaints alleging retaliation may be filed according to a school’s prompt and equitable grievance procedures.

• The exercise of rights protected under the First Amendment does not constitute retaliation.

• Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a Title IX grievance proceeding does not constitute retaliation; however, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a bad faith materially false statement.

Pursuant to the law, Five Keys is required to create and retain for seven years records of any actions taken in response to a report or formal complaint of sexual harassment. This includes, but is not limited to: documentation for each sexual harassment investigation, including any responsibility determination, disciplinary sanctions imposed, remedies and supportive measures provided, and  appeal and informal resolution documentation, if applicable.