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Title IX Educational Equity

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Title IX of the Education Acts of 1972 prohibits sex discrimination in the following areas:

Sex-Based Harassment/Sexual Harassment (including Sexual Violence)

Recruitment, Admissions, and Counseling

  • recruitment materials, admission forms, class or career selection materials, admission of students
  • counseling services, brochures, materials

Financial Assistance

  • procedures and practices for awarding financial assistance to students

Athletics

  • requires nondiscriminatory participation based on student interests and abilities
  • equal opportunities (equipment, supplies, training facilities, recruitment, support services, etc.)
  • financial assistance

Marital or Family Status, Pregnant or Parenting Students

  • different treatment on the basis of sex based on parental, family, or marital status
  • exclusion in educational programs, or activities based on pregnancy, childbirth, false pregnancy
  • lactating students must be provided reasonable accommodations  

Discipline

  • imposing consequences based on sex, gender identity, failing to conform to stereotypical binary expectations, etc.

Schools, Classes, and Extracurricular Activities

  • providing education programs or activities separately on the basis of sex
  • requiring or refusing participation by students on the basis of sex
  • NOTE:  The following are exceptions: 

1.       contact sports in physical education

2.       classes or portions of classes…that deal primarily with human sexuality

3.       nonvocational classes and extracurricular activities within a coeducational…school if certain criteria are met.

 

For more detailed information refer to the Title IX Resource Guide from the Office for Civil Rights. 

Employment

  • employment, recruitment, hiring, promotion, compensation, grants of leave, benefits
  • consideration or selection for employment
  • based on pregnancy or marital status

Retaliation

  • against anyone who has reported, investigated, filed a complaint under Title IX

Notice of Student Nondiscrimination/Notice of Nondiscrimination

San Diego Unified School District is committed to equal opportunity for all individuals in education. District programs and activities shall be free from discrimination, harassment, intimidation, and bullying by reason of the following actual or perceived characteristics: age, ancestry, color, mental or physical disability, ethnicity, ethnic group identification, gender, gender expression, gender identity, genetic information, immigration status, marital or parental status, medical condition, nationality, national origin, actual or perceived sex, sexual orientation, race, religion, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics.

Students who violate this policy may be subject to discipline, up to and including expulsion, in accordance with district policy, administrative procedure and state law.

Employees who violate this policy shall be subject to discipline up to an including dismissal. Any disciplinary action shall be in accordance with applicable federal, state and/or collective bargaining agreements.

Your Rights Under Title IX

Pursuant to Education Code 221.8 you have the right to:

1.   fair and equitable treatment and you shall not be discriminated against based on your sex.
2.   be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
3.   inquire of the athletic director or your school as to the athletic opportunities offered by the school.
4.   apply for athletic scholarships.
5.   receive equitable treatment and benefits in the provision of all of the following:

  • equipment and supplies
  • scheduling of games and practices
  • transportation and allowances
  • access to tutoring
  • coaching
  • locker rooms
  • practice and competitive facilities
  • medical and training facilities and services
  • publicity

6.   have access to gender equity coordinator to answer questions regarding equity
7.   contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
8.   file a confidential discrimination complaint with the United States Office for 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.
9.   pursue remedies if you have been discriminated against.
10. protected against retaliation if you file a discrimination complaint.

Filing a Report or Informal Complaint of Discrimination, Harassment, Intimidation, or Bullying Based on Sex

The district believes discrimination, harassment, intimidation and bullying issues may be resolved at the school site. As such, students, parents, or guardians may report any act of discrimination, harassment, intimidation or bullying based on sex (in any area covered by Title IX, including sexual harassment) by a student, staff member or third party directly to the school site's principal for immediate resolution at the school site.

  • Investigation of Reports or Informal Complaints:  The responsible school official will conduct a prompt, thorough and impartial investigation into the complaint which will include, but is not limited to, interviewing the accuser and the accused, asking each to provide names of witnesses, interviewing potential witnesses, and gathering relevant evidence.  When sex-based discrimination, harassment, intimidation, and bullying is reported, interim steps will be taken to stop harassment and protect the accuser from further harassment pending outcome of the investigation and/or complaint.  A thorough investigation is required to protect the accuser, afford due process to the accused, and to ensure resolution of the issue(s). A student, or parent or guardian, is not required to attempt resolution through the school site before contacting the District Title IX Coordinator.

At any time during the process students, parents, or guardians, may contact the Title IX Coordinator to report or file an informal complaint directly with the district at:

Lynn A. Ryan, Title IX Coordinator 
San Diego Unified School District
4100 Normal Street, Room 2129
San Diego, CA 92103
619-725-7225
FAX: 725-5529

Filing a Formal or Uniform Complaint

Pursuant to Administrative Procedure 1700, (español) at any time during the site resolution process students, parents, or guardians may file a Uniform Complaint.  Completing the Uniform Complaint Form is not required to file a complaint, however the complaint must be in writing and state that it is a formal complaint or a Uniform Complaint.  Uniform Complaint Forms can also be obtained from the school, the district's Legal Services Office, the Uniform Complaint Compliance Office,  or the  Quality Assurance Office.
 
The Uniform Complaint may be mailed to or filed at:
 
Lynn A. Ryan, Uniform Complaint Compliance Officer
San Diego Unified School District
4100 Normal Street, Room 2129
San Diego, CA 92103
619-725-7225
FAX: 725-5529

Filing a Formal or Uniform Complaint

 
  • Statute of Limitations - Uniform complaints alleging discrimination, harassment, intimidation and bullying based on sex (including sexual harassment and sexual violence) must be filed no later than six months from the date the complainant first obtained knowledge of the facts of the alleged sexual harassment. The six-month period may be extended for good cause, not to exceed an additional 90 days.  A written request for an extention to the six-month period will be reviewed for consideration by the Uniform Complaint Compliance Office.  The written request must include an enumeration of the allegation(s) if not previously submitted, and the reasons the complainant is requesting an extension of the six-month statute of limitations.
  • Investigation of Uniform Complaints - The district will undertake an effective, thorough, and objective investigation of the allegations and provide a written report within 60 days of the date of receipt of the Uniform Complaint. The report will include a summary of the facts, a decision on the complaint, reason for the decision and corrective actions (if applicable) that have or will be taken, including remedies for the victim. The complainant has the right to present witnesses and evidence.
  • Action - If the district determines that its policies prohibiting discrimination, harassment, intimidation or bullying based on sex have been violated, disciplinary action, up to and including expulsion (for students) or dismissal (for employees) will be taken. Remedial actions which are designed to end the harassment, prevent its recurrence and address its effects on the harassed student, will be provided to the victim. Remedial action(s) will also be required of the school site.
  • Retaliation - The district prohibits retaliation against any participant in the complaint process including witnesses.  A separate Uniform Complaint may be filed if retaliation occurs against any individual involved in the processing of discrimination, harassment, or bullying complaint. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned. Follow up with the student will occur to ensure the harassment has stopped and that there is no retaliation.
  • Appeals - The complainant has a right to appeal the LEA’s decision to the California Department of Education by filing a written appeal within 15 days of receiving the LEA’s decision. The appeal must include a copy of the complaint filed and a copy of the decision.  Civil law remedies may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable. In appropriate cases, an appeal may be filed pursuant to the Education Code section 262.3. A complainant may pursue available civil law remedies outside of the LEA’s complaint procedures. Complainants may seek assistance from mediation centers or public/private interest attorneys.  Civil law remedies that maybeimposed by a court include, but are not limited to, injunctions and restrainingorders.
A student or parent/guardian is not required to attempt resolution through the school site before contacting the District Title IX Coordinator and/or filing a formal Uniform Complaint.
 
Lynn A. Ryan, Uniform Complaint Compliance Officer
San Diego Unified School District
4100 Normal Street, Room 2129
San Diego, CA 92103
619-725-7225
FAX: 725-5529

Relevant District Policies

Board Policy (BP) 0410-Nondiscrimination in District Programs and Activities

Administrative Regulation (AR) 0410 - Nondiscrimination in District Programs and Activities (Sex-Based)

Administrative Procedure (AP) 1700 - Uniform Complaint Procedure

Uniform Complaint Form - AP 1700 Attachment 1

Office for Civil Rights

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100

Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov

 

Main Page-Office for Civil Rights (OCR)

Know Your Rights: Title IX Prohibits Sexual Harassment and Sexual Violence Where you Go to School

Know Your Rights: Title IX Requires Your School to Address Sexual Violence

How to File a Discrimination Complaint with the OCR

OCR-Discrimination Complaint Form

California Department of Education

Office of Equal Opportunity