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.

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