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Lawsuit Against Riverside Unified School District

Two female athletes are suing the district and Martin Luther King High School, alleging violations of their First and 14th Amendment rights and Title IX protections.
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0% found this document useful (0 votes)
7K views59 pages

Lawsuit Against Riverside Unified School District

Two female athletes are suing the district and Martin Luther King High School, alleging violations of their First and 14th Amendment rights and Title IX protections.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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From:

To:
Subject: Fw: Title 9 Procedures
Date: Tuesday, November 5, 2024 4:29:12 PM

----- Forwarded Message -----


From:
To:
Sent: Tuesday, November 5, 2024 at 04:26:04 PM PST
Subject: Fwd: Title 9 Procedures

Forwarded Conversation
Subject: Title 9 Procedures
------------------------

From:
Date: Wed, Oct 23, 2024 at 1:58 PM
To: Bethany Scott <[email protected]>

I sent an email regarding a Title IX complaint, did you receive that email?

--

----------
From: Bethany Scott <[email protected]>
Date: Wed, Oct 23, 2024 at 3:49 PM
To:

Hi ,

I have not received an email. Let me know if you would like to connect.

Thanks,
Bethany

----------
From: Bethany Scott <[email protected]>
Date: Wed, Oct 23, 2024 at 4:00 PM
To:

Hi ,

I just found your first email in my spam folder.

Yes, you can send a complaint to me. Obtaining counsel is your choice and does not have to determine
when you send a complaint in, both are up to you.

I hope that helps answer questions. Let me know if you would like to schedule a call as well.

Thanks,
Bethany

----------
From:
Date: Thu, Oct 24, 2024 at 4:04 PM
To: Bethany Scott <[email protected]>

Good afternoon, Ms. Scott. My daughter, , has been on the


Cross-Country team at Martin Luther King nce freshman year and
has been a Varsity athlete all three years, as well. A transfer student
became eligible last week and has not attended any morning or afternoon
practices the entire season and likely will not for the remainder of the
season due to outside reasons. This other athlete has spoken out about being
a transgender girl and we know the law allows athletes to play a sport based
on their gender identity- totally fine; however, the handbook clearly states
that ALL athletes must attend all practices and will not be able to race if
they don't. My daughter is cisgender and being held to a completely different
set of standards in order to compete in an athletic sport at Martin Luther
King. We believe she is being discriminated against based on her choice of
gender for a few reasons:
1. She was told she MUST be in the 6th-period class, even though she does not
need PE credits and had to take summer school in order to keep room in her
schedule. The other athlete has not been required to be in the 6th-period
class.
2. My daughter attends ALL practices, even when injured, and stays until
4:30-4:45 every day. The other athlete is not required to attend 6th-period
nor the time allotted after school for practice. This person gets to go home
instead of coming to the part of practice they are free to attend outside of
academic hours.
3. This person has chosen to try and graduate a year early. We think that is
a great accomplishment and a worthwhile goal to pursue; however, there are
many instances of cisgender girls giving up their sport or missing out on
competition (games/races) because they are not allotted the same rules as
this transgender person, specifically not being mandated to attend practices.
Cisgender girls would be required to attend as much of practice as they can
or they would be excluded from competition, why is the standard being applied
differently? King Administration has notified us that this person is making a
CHOICE to graduate early, attending zero period, sixth period, and an outside
class at night. The law intends to allow students who participate in sports
to make up assignments, tests, etc. when missing for travel to away games,
for example, and not be punished academically, or when a senior needs a class
that is REQUIRED to graduate on time. In this case, it is being applied to
get this person ahead of everyone else. My daughter could've graduated early,
but she is being held to the expectation that she MUST be at practice in
order to compete. She is being treated unequally and disadvantageously.
4. My cisgender daughter, is held to the ALL policies in the team handbook
yet this person is not required to follow them. Again, why is my daughter
being held to tougher standards in order to race?
5. Varsity athletes are held to EVEN higher standards and requirements in
order to be on Varsity. My daughter meets all of these requirements, but she
has been bumped down to JV now and this athlete has been moved up to Varsity,
despite only meeting one requirement and not attending any practices. My
daughter is a Team Captain and was an Athlete of the Meet in Clovis. My
daughter has been a dedicated member on the Varsity team and now that rules
are being changed for this person, it has unfairly displaced my daughter
because she is not transgender.
Gender discrimination is when someone is treated unequally or
disadvantageously based on their gender. I know that my daughter is being
discriminated against and this does violate Title IX. Her right to fair and
equitable treatment and her right to not be discriminated against based on
gender is being violated here. Additionally, her right to be provided with
an equitable opportunity to participate in athletics is being violated. She
is not being treated equally and fairly based on the fact that she is not
transgender and instead cisgender. There is literally a different set of
rules, expectations, and requirements being applied to cisgender and
transgender girls. The State of California has stated that, "All persons,
regardless of their gender, should enjoy freedom from discrimination of any
kind." Title IX prohibits discrimination based on gender, gender expression,
gender identity, and sexual orientation. We met with Coach Ibarra, Dr.
Iacuone, and Mrs. Chann this morning at King to discuss this matter and they
they had some things to consider and think about. I have no idea if this will
be corrected, and I have given them ample time to correct this
discrimination. Thank you for your time.

----------
From: Bethany Scott <[email protected]>
Date: Thu, Oct 24, 2024 at 4:43 PM
To:

Hi ,

Thank you for your email. I appreciate all you included to help me understand the situation.

If it’s ok with you I would love some time tomorrow morning to do some research on this one. Would it be
ok for us to chat after school?

Let me know if that works for your schedule or if something else is better.

Thanks again,
Bethany

On Oct 24, 2024, at 4:04 PM, wrote:

----------
From:
Date: Thu, Oct 24, 2024 at 5:37 PM
To: Bethany Scott <[email protected]>

You are very welcome, and I appreciate you looking into it. Yes, I can speak with you after school. Thank
you so much.
----------
From:
Date: Thu, Oct 24, 2024 at 6:41 PM
To: Bethany Scott <[email protected]>

One thing I wanted to add is to let you know that Coach Ibarra has done his absolute best to protect our
daughter, , and we believe his hands have been tied based on what we, and my daughter, have
experienced.

On Oct 24, 2024, at 5:37 PM, wrote:

You are very welcome, and I appreciate you looking into it. Yes, I can speak with you after
school. Thank you so much.

----------
From: Bethany Scott <[email protected]>
Date: Fri, Oct 25, 2024 at 2:14 PM
To:

Thanks so much . Will you give me a call if you're able after school? My extension is 80135.

Thanks,
Bethany

----------
From:
Date: Fri, Oct 25, 2024 at 2:25 PM
To: Bethany Scott <[email protected]>

Yes, I will call you after school. Thank you.

----------
From:
Date: Tue, Oct 29, 2024 at 3:47 PM
To: Bethany Scott <[email protected]>

Hi, Bethany, I just wanted to check-in and see if there has been any progress. I know you said this is a
formal investigation, and I assume you will need both sides on the record, so I wanted to see if you had
an idea of when my husband and I will need to be interviewed.
Also, Amanda Chann/Admin has now taken over the entry process (deciding
who will race). This worries us, and many of the girls and parents, for many reasons. Do you already
know about this? Thank you so much. We appreciate all you are doing!
----------
From: Bethany Scott <[email protected]>
Date: Tue, Oct 29, 2024 at 4:19 PM
To:

Hi ,

Thanks for checking in. I'm sorry I do not have an update for you. We are continuing to work through the
situation. I hope to have an official answer for you soon.

Thank you,
Bethany

----------
From:
Date: Fri, Nov 1, 2024 at 1:37 PM
To: Bethany Scott <[email protected]>

Hi, Bethany, is there anything you can tell me about the progress of the investigation? How long should
we expect to wait to be updated? As you know, we tried meeting with King Administration to come to a
resolution before putting in the complaint. This is a time-sensitive thing, as I know you understand. I was
trying to give the District time, but I am not sure how much longer to just wait on this. Thank you so much
for any information you have.

----------
From: Bethany Scott <[email protected]>
Date: Fri, Nov 1, 2024 at 4:11 PM
To:

Hello ,

We appreciate your patience as we gathered information regarding the allegations you reported. Thank
you for bringing this to our attention and for the detail you provided. We take these matters seriously and
need to take the necessary time to investigate thoroughly.

RUSD is addressing your complaint as a personnel matter. The complaint alleges that district staff failed
to implement team standards and requirements consistently for all students on the Cross Country team at
Martin Luther King High School. We will conduct a personnel investigation to determine the facts and, if
the allegations are true, will take appropriate action. While personnel matters are generally confidential,
programmatic changes usually are apparent and publicized.

The allegations will not be investigated under Title IX regulations. These allegations would not support a
determination that gender was the basis for any accommodation provided. Although the assertion that
“[c]isgender girls would be required to attend as much of practice as they can or they would be excluded
from competition,” the allegations did not demonstrate that or any other cisgendered student
requested academic accommodations and was thereby denied such as those referred to in the complaint.
The allegations, even if true, would not support a finding of sex-based discrimination.

Thank you again for bringing this to my attention. RUSD strives to operate every program in a consistent
and equitable manner. We appreciate all who bring matters to our attention for investigation.
On Tue, Nov 5, 2024 at 8:20 PM
wrote:
Thank you for getting back to me .

However, I’m confused as to why you need to work on a few things to be able
to explain the incident ?

Sent from my iPhone

On Nov 5, 2024, at 5:38 PM, Amanda Chann


<[email protected]> wrote:

Hello Mrs. ,

We are working on a few things and hope to have something for you
soon.

Thank you for your patience,

AC & LI
Amanda Chann
Assistant Principal, Athletics
1. Please give the facts about your complaint. Provide details that may be helpful to the complaint inves gator, such
as the names of those involved, dates, loca on(s), frequency, whether witnesses were present, etc. (If necessary,
con nue the response to this ques on on a separate page. Be sure to indicate any addi onal pages by marking
“Yes” to Ques on 3.)
On Friday, November 1st, my daughter was at Cross Country practice at Martin Luther King.
Upon practice beginning, Amanda Chann (Athletic Director) called my daughter and
another runner, over and told them they would need to change their shirts. They were
told that they were "hostile" and if they wore them again there would be disciplinary
action and this would be their warning. Their said said "Save Girls Sports" and did not
have anything obscene nor did they disrupt practice in an way. They asked about other
bracelets, pins, shirts, etc. that other students wear. It is my understanding
that schools cannot censor based on opposing viewpoints or agreement with words, slogans, etc.

2. What is the resolu on/outcome you are seeking?


I originally wanted an explanation of why this occured, unfortunately, I have not received
any response. Now, since nobody is responding, I being forced to begin seeking legal help.

3. Have you a empted to discuss your complaint with any Riverside Uni ed School District personnel? If so, with
whom, on what date(s), and what was the result/outcome?
I emailed Amanda Chann on Friday afternoon at 6:02 pm and Dr. Iacuone on Sunday
morning at 8:03 am. I have not received a response from anyone as of 1:30 on Monday the 4th.

4. What other measures have you taken to resolve the issue before ling this complaint?
We filed a Title IX complaint based on the unfair treatment and inconsistency
of requirements being implemented across the Cross Country team. I believe Mrs. Chann was retaliating against
my daughter for the original complaint and, in doing so, violated my daughter's First Amendment rights.

5. Do you have any wri en documents and/or other types of evidence that you can provide that may be relevant or
suppor ve of your complaint?
No Yes, copies of the documents/evidence are a ached to this complaint

Signature of Complainant: Date: 11/4/2024

Submit your complaint/documents to either of the two compliance o cers listed below:
Raúl Ayala, Director of Pupil Services David Marshall, Resolu on O cer
rayala@riversideuni ed.org drmarshall@riversideuni ed.org
5700 Arlington Avenue, Riverside, CA 92504 3380 14th Street, Riverside, CA 92501
Phone: (951) 352-1200 • Fax: (951) 274-4202 Phone: (951) 788-7135 • Fax: (951) 274-4202

The Riverside Uni ed School District prohibits discrimina on, in mida on, harassment (including sexual harassment) and bullying based on
actual or perceived age, ancestry, ethnicity, parental status, pregnancy status, color, mental or physical disability, gender, gender iden ty, gender
expression, gene c informa on, immigra on status, marital status, medical condi on, na onality, race, religion, sex, sexual orienta on, or
associa on with a person or group with one or more of these actual or perceived characteris cs.

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