Sexual Harassment-Title IX

NOTICE OF TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES

The United States Code of Federal Regulations Title 34, Section 106.8 requires the district to issue the following notification to students at all grade levels and their parents/guardians:

The San Diego Unified School District does not discriminate, nor does it permit discrimination, on the basis of sex in any education program or activity that it operates. The prohibition against discrimination on the basis of sex is required by federal law (20 United States Code Sections 1681-168834 Code of Federal Regulations Part 106) and extends to employment. The District also prohibits retaliation against any student for filing a complaint or exercising any right granted under Title IX.

Title IX requires a school district to take immediate and appropriate action to address any potential Title IX violations that are brought to its attention. The district has designated and authorized the following employee as the district's Title IX Coordinator to address concerns or inquiries regarding discrimination on the basis of sex, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking:

San Diego Unified School District

Title IX Coordinator 

Lynn A. Ryan
4100 Normal Street, Room 2129
San Diego, CA 92103

 

(619) 725-7225 Telephone 
(619) 725-5529 FAX

lryan@sandi.net

Prohibited sexual harassment under the Education Code includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions: (California Education Code Section 212.5 and 5 California Code of Regulations Section 4916). 

  1. Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress
  2. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.
  3. The conduct has the purpose or effect of having a negative impact on the student's academic performance or of creating an intimidating, hostile, or offensive educational environment.
  4. Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any district program or activity. 

Prohibited sexual harassment under federal law is defined to include:

  1. a district employee conditioning the provision of a district aid, benefit, or service on an individual's participation in unwelcome sexual conduct;
  2. unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school district’s education program or activity; or
  3. sexual assault, dating violence, domestic violence, or stalking as defined in 20 United States Code Section 1092 and 34 United States Code Section 12291).

Any inquiries about the application of Title IX, this notice, and who is protected by Title IX may be referred to the district's Title IX Coordinator, to the Assistant Secretary for Civil Rights of the U.S. Department of Education or both.

Any individual may report sex discrimination, including sexual harassment, to the Title IX Coordinator or any other school employee at any time, including during non-business hours, by mail, phone, or email. During district business hours, reports may also be made in person.

Upon receiving an allegation of sexual harassment, the Title IX Coordinator will promptly notify the parties, in writing, of the applicable district complaint procedure.

To view an electronic copy of the district's policies and administrative regulations on sexual harassment, including the grievance process that complies with 34 Code of Federal Regulations 106.45 see the Policies and Procedures-Title IX page and reference:

  • AR and BP 5145.7 Sexual Harassment (Students)
  • AR 5145.71 Sexual Harassment Complaint Procedures 

To inspect or obtain a hard copy of the district's sexual harassment policies and administrative regulations, please contact the Title IX Coordinator.

Materials used to train the Title IX Coordinator, investigator(s), decision-maker(s), and any person who facilitates an informal resolution process are also publicly available on the District's web site or at the district office upon request.

HOW TO FILE A SEXUAL HARASSMENT COMPLAINT

You may file a formal Sexual Harassment Complaint by filling out the hard copy version or the electronic version of the complaint form (below). These forms are available to file a complaint, but they are not required.

San Diego Unified School District

Title IX Coordinator 

Lynn A. Ryan
4100 Normal Street, Room 2129
San Diego, CA 92103

or, you may email a scanned copy to lryan@sandi.net.

UNIFORM COMPLAINT PROCEDURE

Formal complaints pertaining sex-based discrimination, harassment, intimidation, and bullying and/or discrimination, harassment, intimidation, and bullying based on a protected category must be filed in writing and submitted to the Uniform Complaint Compliance Officer or designee.  These complaints may include complaints of sexual harassment (which is sex-based discrimination) that do not rise to the level of a Title IX complaint.

Refer to the District’s Uniform Complaint Procedure ("UCP") page for policies and forms.