DRAFT Title IX

Title IX

The School Board takes seriously its obligations to ensure that no student or employee suffers discrimination on the basis of sex, as defined in Title IX of the Education Amendments Act of 1972. Title IX is a federal law, enacted in 1972 states: 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.

Title IX protects people from discrimination based on sex in educational programs or activities that receive financial assistance. Under Title IX, discrimination on the basis of sex can include sexual harassment, which is defined as conduct on the basis of sex that satisfies one or more of the following:

-An employee of the District conditioning the provision of an aid, benefit, or service of the District on participation in unwelcome conduct;
-Unwelcome conduct that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity;
-Sexual assault, dating violence, domestic violence, or stalking, as defined by applicable law.

Reporting Harassment/Discrimination
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), in person, by mail, by telephone, or by electronic 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 verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.

Next Steps
After a report of sexual harassment has been made, the school and/or Title IX Coordinator will reach out to the individual affected by the alleged misconduct, provide supportive measures, discuss the grievance policy, and offer the opportunity for the complainant to file a formal complaint if the behavior meets the Title IX definition of sexual harassment. If a formal complaint is filed, appropriate steps will be taken to investigate. Upon completing the investigation, the outcome will be shared with all stakeholders.

Appeal Procedures
If a party does not agree with the final determination made by the school or has concerns of noncompliance with Title IX or actions that would be prohibited by Title IX, he/she may appeal the determination in accordance with School Board Policy 2.133.

STUDENT RIGHTS PURSUANT TO EDUCATION CODE SECTION 221.8

Education Code section 221.8 provides as follows:
The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:

a. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
b. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
c. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
d. You have the right to apply for athletic scholarships.
e. You have the right to receive equitable treatment and benefits in the provision of all of the following:

-Equipment and supplies
-Scheduling of games and practices
-Transportation and daily allowances
-Access to tutoring
-Coaching
-Locker rooms
-Practice and competitive facilities
-Medical and training facilities and services
-Publicity

f. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
g. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
h. 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.
i. You have the right to pursue civil remedies if you have been discriminated against.
j. You have the right to be protected against retaliation if you file a discrimination complaint.