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.
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
Reference the following:
· Title IX of the Education Amendments of 1972 (20 U.S.C 1681, 1682)
· Designation of Responsible
Employe, Dissemination of Policy, and Adoption of Complaint Procedures (34 C.F.R. Section 106.8)
· SDUSD Notice of TitleIX Sexual Harassment Complaint Procedures
Title IX Prohibits Sex-Based Discrimination, Harassment, Intimidation, and Bullying in the following:
Recruitment,
Admissions, and 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-Based
Discrimination, Harassment, Intimidation, and Bullying
· unwelcome
conduct of a sexual nature;
· sexual
violence;
· gender-based
harassment
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;
· 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 within a coeducational school if certain criteria
are met.
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
Rights Under Title IX
California Education Code Section 221.8
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 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.
Reference:
·Sex Equity in Education Act (California Education Code ["EC"] Sections 221.5-231.5)
·Title IX informational posting requirements (Senate Bill 1375, EC Section 221.61)
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:
· Sex Equity in Classes and Programs (EC Section 221.5)
· Access to Classes and Schools (34 C.F.R. Section 106.34)
· OCR Guidelines Regarding Single-Sex Classes and Schools
· OCR Dear Colleague Letter Single-Sex Programs (2007)
Sex Equity in
Competitive Athletics
In
accordance with , 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.
Reference:
· Equity in Athletics (EC Section 221.9)
Sexual 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:
· Sexual Harassment (Students) - Administrative Regulation (“AR”) 5145.7 and Board Policy (“BP”) 5145.7
· Title
IX Sexual Harassment Complaint Procedures (Students) - AR 5145.71
· Notice of Title IX Sexual Harassment Complaint Procedures - E 5145.71
· Sexual
Harassment (Personnel) - AR 4119.11 and BP 4119.11
· Sexual Harassment
Complaint Form
Reference:
· OCR - Sexual Harassment Resources
· OCR - Frequently Asked Questions-Sex Discrimination
· OCR - Checklist for Addressing Sexual Harassment
· US Department of Education - Sexual Harassment: It's Not Academic (Archived)
Formal Complaints
Formal complaints pertaining to sexual harassment
issues must be filed in writing and submitted to the District’s 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’s for full
policy and complaint procedures (above).
Formal written complaints are to be filed in
writing and can be mailed or emailed 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 complaint 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. 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 BP 1312.3 and AR 1312.3. Refer to the District’s Uniform Complaint Procedure ("UCP") page for policies and forms.
Reference:
· California Code of Regulations, Title 5, Sections 4600 et. seq.
· CDE - Uniform Complaint Procedures
· CDE - Resolution of Discrimination/Harassment Complaints
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, visit the following OCR website's links:
· OCR - Main Page
· OCR - Sex Discrimination
· OCR - How to File a Discrimination Complaint
· OCR - Discrimination Complaint Form
Other Resources:
· CDE - Office of Equal Opportunity and Access
· US Department of Justice on Title IX
· American Association of University Women
· National Women's Law Center
· Women's Sports Foundation
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