OVERVIEW
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.”
Reference:
Title IX requires that each school district have at least one person designated as the Title IX Coordinator.
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
STUDENT NONDISCRIMINATION POLICY STATEMENT
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, 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 and including dismissal. Any disciplinary action shall be in accordance with applicable federal, state and/or collective bargaining agreements.
Reference the following in Policies and Procedure-Title IX page:
- Board Policy (BP) 0410 – Nondiscrimination in District Programs and Activities
- Administrative Regulation (AR) 5145.3 and Board Policy (BP) 5145.3 – Nondiscrimination/Harassment (Students) on the Title IX Policies & Procedures page.
TITLE IX PROHIBITIONS
Sex-Based Discrimination, Harassment, Intimidation, and Bullying (including sexual harassment)
- Unwelcome conduct of a sexual nature including, but not limited to, sexual advances, requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature in the educational environment;
- Quid pro quo sexual harassment, placing a condition of receiving a benefit or service on participation in unwelcome sexual conduct; sexual assault, dating violence, domestic violence, or stalking; gender-based harassment
State and federal laws protect 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. The OCR issued revised Title IX regulations on August 14, 2020, regarding sexual harassment.
For further information regarding District policies regarding sexual harassment, refer to the following Title IX Sexual Harassment web page.
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 expand upon gender equity and Title IX laws that 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.
Formal Sexual Harassment Complaints
Refer to the Districts Sexual Harassment-Title IX web page under the heading "How to File a Sexual Harassment Complaint" for details and forms for filing.
Legal References:
Recruitment, Admissions Counseling
- Recruitment materials, admission forms, class or career selection materials, admission of students.
Financial Assistance
- Procedures and practices for awarding financial assistance to students
Athletics
- Requires nondiscriminatory participation based on student interests and abilities;
- Equal benefits and opportunities (equipment, supplies, training facilities, recruitment, support services, etc.)
- Financial assistance
Sex Equity in Competitive Athletics
Each public elementary, secondary, and charter school in California, that offers competitive athletics, is 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.
Reference:
Pregnant & 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
Discipline
- Imposing consequences based on sex, gender identity, 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;
Noted exceptions: 1) contact sports in physical education; 2) classes or portions of classes that deal primarily with human sexuality; 3) non-vocational classes and extracurricular activities with a coeducational school if certain criteria are met.
Single Sex Programs
In 2006, the Office for Civil Rights (“OCR”) adopted new Title IX regulations for the establishment of single sex programs in schools. Many factors and legal requirements must be addressed if schools are considering the development of single-sex options.
Reference:
Employment
- Recruitment, hiring, promotion, compensation, grants of leave, benefits
- Selection for employment
Retaliation
- Against anyone who has reported, investigated, filed a complaint under Title IX
RIGHTS UNDER TITLE IX
OFFICE FOR CIVIL RIGHTS (OCR) 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, including links about how to file a complaint with the OCR, see the Title IX Resources page.
CALIFORNIA DEPARMENT OF EDUCATION
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