Admin

Title IX

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

 

Title IX Information

Title IX is a federal law passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that:

 

“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 requires that each school district have at least one person designated as the Title IX Coordinator.

 

From the regulations governing Title IX of the Education Amendments of 1072 (20 U.S.C. 1681, 1682):


106.8 Designation of Responsible Employee and Adoption of Complaint Procedures

a.  Designation of responsible employee. 

Each recipient (of state and/or federal funds) shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance with this part or alleging any actions which would be prohibited by this part. The recipient shall notify all its students and employees of the name, office address and telephone number of the employee or employees appointed pursuant to this paragraph.

 

b.  Complaint procedure of recipient. 

A recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by this part.

 

(Authority: 34 C.F.R. Sec 106.8)

 

106.9 Dissemination of Policy

a. Notification of policy.

1.  Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, that it does not discriminate on the basis of sex in the educational program or activity which it operates, and that it is required by Title IX and this part not to discriminate in such a manner. Such notification shall contain such information and be made in such manner as the Assistant Secretary finds necessary to apprise such persons of the protections against discrimination assured them by Title IX and this part, but shall state at least that the requirement not to discriminate in the education program or activity extends to employment therein, and to admission thereto unless Subpart C does not apply to the recipient, and that inquiries concerning the application of Title IX and this part to such recipient may be referred to the employee designated pursuant to Sec. 106.8, or to the Assistant Secretary.

 

2.  Each recipient shall make the initial notification required by paragraph (a)(1) of this section within 90 days of the effective date of this part or of the date this part first applies to such recipient, whichever comes later, which notification shall include publication in:

 

i.  Local newspapers;

ii.  Newspapers and magazines operated by such recipient or by student, alumnae, or alumni groups for or in connection with such recipient; and

iii.  Memoranda or other written communications distributed to every student and employee of such recipient.

 

b. Publications.

1.  Each recipient shall prominently include a statement of the policy described in paragraph (a) of this section in each announcement, bulletin, catalog, or application form which it makes available to any person of a type, described in paragraph (a) of this section, or which is otherwise used in connection with the recruitment of students or employees.

 

2.  A recipient shall not use or distribute a publication of the type described in this paragraph which suggests, by text or illustration, that such recipient treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by this part.

 

c.  Distribution. 

Each recipient shall distribute without discrimination on the basis of sex each publication described in paragraph (b) of this section, and shall apprise each of its admission and employment recruitment representatives of the policy of nondiscrimination described in paragraph (a) of this section, and require such representatives to adhere to such policy.

 

 (Authority: 34 C.F.R. Sec 106.8)

 

Gender Equity

It is the policy of the State of California that all persons, regardless of their gender, should enjoy freedom from discrimination of any kind in the educational institution of the state. The laws found in the California Educaton Code Section 221.5-231.5 are collectively known as the Sex Equity in Education Act. These laws expand upon gender equity and Title IX laws which provide guidance to California’s education system. Each Local Educational Agency (LEA) will be responsible for following the laws in addition to Title IX requirements.

Senate Bill 1375 (California Education Code, 221.61), creates new requirements for the Title IX coordinators’ informational posts. Title IX coordinators should carefully read and disseminate the following:

 

California Education Code, 221.61

a.  On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following:

 

1.  The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address.

 

2.  The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8.

 

3.  A description of how to file a complaint under Title IX, which shall include all of the following:

 

A.  An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations.

 

B.  An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site.

 

C.  An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office.

 

b.  On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX.

 

c.  A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education.

 

d.  Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one.

 

Single Sex Programs

In 2006, new Title IX regulations for the establishment of single sex programs in schools were adopted by the OCR. Many factors and legal requirements must be addressed if schools are considering the development of single-sex options. The regulations related to single sex programs can be found in the California Code of Education Section 221.5 and 34 CFR Section 106.34.

 

 

Sex Equity in Competitive Athletics

In accordance with California Education Code Section 221.9, each public elementary, secondary, and charter school in California, that offers competitive athletics, are required to make the following information available to the public at the end of each school year:

  • The total enrollment of the school, classified by gender.
  • The number of pupils enrolled at the school who participate in competitive athletics, classified by gender.
  • The number of male and female teams, classified by sport and by competition level.

Competitive Athletics are defined as sports where the activity has coaches, a governing organization, practices, competes during a defined season, and has competition as its primary goal. The required data as stated above should reflect the total number of players on a team roster on the official first day of competition. Schools should post the information on the school’s website. If the school does not maintain a website, the school district or charter operator shall post the information on its website. All materials used by the school to compile the data are to be retained by the school for a minimum of three years after the information has been posted.

 

Sexual Harassment

The U.S. Department of Education, Office for Civil Rights defines sexual harassment as conduct on the basis of sex that satisfies one or more of the following:

  •  An employee conditioning the provision of an aid, benefit, or service on an individual's participation in unwelcome sexual conduct;
  •  Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive such that it effectively denies a person equal access to the educational program or activity; or,
  • Sexual Assault," "Dating Violence," "Domestic Violence" or "Stalking" as defined in the Clery Act. 

State and federal law protects students from all forms of sexual harassment (including sexual violence and sexual abuse). Any student, regardless of their gender, may potentially face sexual harassment which can interfere with a student’s academic performance, as well as their emotional and physical well-being. Preventing and remedying sexual harassment in schools is essential to ensuring a safe environment in which students can learn. Title IX coordinators are in the best position to prevent harassment and to lessen the harm to students if, despite their best efforts, acts of sexual harassment do occur.

 

The United States Department of Education Office of Civil Rights (OCR) has developed a webpage on Sexual Harassment Resources, which includes, but is not limited to, the following:

 

 

Sexual Harassment Complaints

Formal complaints pertaining to Sexual Harassment issues should be filed by utilizing the District’s Student Sexual Harassment Administrative Regulation (“AR”) 5145.7 and Board Policiy (“BP”) 5145.7 (allegations involving students) or the Districts Personnel Sexual Harassment AR 4119.11 and BP 4119.11 (alleged adult-to-adult).  Sexual Harassment Complaints must be filed in writing and submitted to the Title IX Coordinator or designee.  The District’s Sexual Harassment Complaint form may be used but is not required in order to file a Sexual Harassment Complaint.  Refer to the District full policies and grievance procedures in previously referenced BPs and ARs.

 

Formal Sexual Harassment Complaints are to be submitted to:

 

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

 

Uniform Complaint Procedure

Formal complaints pertaining sex-based discrimination or sexual harassment that do not rise to the level of Sexual Harassment as defined under Title IX may be filed by utilizing the District’s District's Uniform Complaint Procedure (UCP) as identified in California Code of Regulations, Title 5, Sections 4600 et. seq. Reference AR 1312.3 and BP 1312.3 for the District's full policy and grievance procedure.  Uniform Complaints must be filed in writing and submitted to the Uniform Complaint Compliance Officer or designee.  The District’s Uniform Complaint form may be used but is not required in order to file a Uniform Complaint.  Refer to the District’s for full policy and grievance procedures in previously referenced BPs and ARs  1312.3.

Uniform Complaints are to be submitted to:

 

California Department of Education UCP Information:

 

San Diego Unified School District

Uniform Complaint Compliance Officer

Lynn A. Ryan

4100 Normal Street, Room 2129
San Diego, CA 92103

 

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

lryan@sandi.net

 

District Notification of Nondiscrimination and Student Sexual Harassment

 

Office for Civil Rights Resources

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

You  may email them at OCR@ed.gov, or fax them at (202 453-6012). If neither of these options are available to you, mail your correspondence to the address above.  You may also contact them at 800-421-3481 or OCR@ed.gov to confirm receipt of your correspondence.  For more information visit the following: 

 

Other Resources

 

Title IX Coordinator, San Diego Unified School District:

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

 

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

lryan@sandi.net