Title IX

Title IX

DISTRICT BOARD POLICIES (BP) &
ADMINISTRATIVE REGULATIONS (AR)
Non-Discrimination in District Programs and Activities: BP 0410
Title IX Sexual Harassment Complaint Procedures – Personnel: AR 4119.12
Nondiscrimination/Harassment: BP 5145.3
Sexual Harassment – Students: BP 5145.7  AR 5145.7
Title IX Sexual Harassment Complaint Procedures – Students: AR 5145.71

TITLE IX TRAININGS
Training Materials

DISTRICT TITLE IX COMPLIANCE SUPPORT TEAM

TITLE IX UPDATE
On August 14, 2020, the United States Department of Education’s Title IX Final Rule became effective. Though there may be some public controversy about the changes to Title IX legislation, the District’s obligation and commitment to respond to, investigate and act upon reports of sexual harassments, sexual assault or other violations to Title IX law remain the same.

Title IX of the Educational Amendments of 1972 states: “No person . . . shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.” In accordance with federal Title IX statutes and similar State statutes, the Board prohibits any discrimination based on gender, sex, or sexual orientation in any District educational program or activity, including, but not limited to program and activities; course accessibility; counseling; physical education; athletics; sexual harassment; pregnant and parenting students; extra-curricular activities, programs and clubs.

Title IX also includes protections from gender-based harassment, which includes, among other things, use of gender-specific slurs and disparaging remarks or aggression made to a student due to their sex or because that student displays mannerisms or a style of dress perceived as indicative of the other sex.

Further, the Board of Trustees affirms the Sweetwater Union High School District’s commitment to Title IX legislation through the ongoing support of the Final Joint Compliance Plan for Girls Sports at Castle Park High School. This plan ensures that female student-athletes at Castle Park High School and throughout the District have access to supports and resources to promote athletic participation and excellence.

With regards to allegations of sexual harassment or sexual assault, District employees will continue to follow and enforce California and District procedures which include receiving reports of misconduct, prompt intervention, thorough investigations and disciplinary actions, when warranted.

For more information about California’s Sex Equity Act in Education, please click on the following link to the CDE’s Title IX Webpage: https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp

DEFINITION OF DISCRIMINATION/HARASSMENT BASED ON SEX
SEX EQUITY IN EDUCATION ACT SECTION 230.
Harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

(a) On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity.
(b) On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex.
(c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, “equivalent” means equal or equal in effect.
(d) An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations, as that section exists on January 1, 2003, using any one of the following tests:

  1. Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.
  2. Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.
  3. Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program.

(e) If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.
(f) It is the intent of the Legislature that the three-part test articulated in subdivision
(d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.
(g) On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.
(h) On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions.

SUHSD COMPLAINT PROCESS:
A complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation or bullying must be filed not later than six months from the date the alleged discrimination occurs, or six months from the date the complainant first obtains knowledge of the facts of the alleged discrimination. The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.

How to File a Title IX Athletics Complaint:
CPH Athletics Complaint Procedure & Notice

OFFICE FOR CIVIL RIGHTS (OCR)
A complaint may be filed directly with OCR. For information regarding filing a complaint with OCR, please visit their website. OCR provides an online complaint filing system. OCR can also be contacted through the California regional office at:

  • Office for Civil Rights
    U.S. Department of Education
    50 United Nations Plaza
    Mail Box 1200, Room 1545
    San Francisco, CA 94102
    Telephone: 415-486-5555
    Email: ocr.sanfrancisco@ed.gov

OCR Statute of Limitations
OCR requires complaints to be filed within 180 calendar days of the alleged discrimination. Please contact OCR, or visit the websites above, if you have any questions about this time requirement. For information regarding their investigation procedures, please visit the OCR’s investigation process website.

SUHSD INVESTIGATION PROCESS:
Upon receipt of any complaint related to a potential Title IX violation, the District will ensure every allegation is investigated promptly, adequately and impartially. The District will also take steps to protect complainants from retaliation and ensure all parties are treated fairly throughout the District’s investigation process. As part of its Title IX obligations, the District also takes steps to prevent recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate.

Student Rights
(a) You have the right to fair and equitable treatment, and you shall not be discriminated against based on your sex.
(b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
(c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
(d) You have the right to apply for athletic scholarships.
(e) You have the right to receive equitable treatment and benefits in the provision of all of the following:
(1) Equipment and supplies.
(2) Scheduling of games and practices.
(3) Transportation and daily allowances.
(4) Access to tutoring.
(5) Coaching.
(6) Locker rooms.
(7) Practice and competitive facilities.
(8) Medical and training facilities and services.
(9) Publicity.
(f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
(g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
(h) You have the right to file a confidential discrimination complaint with the United States Office of 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.
(i) You have the right to pursue civil remedies if you have been discriminated against.
(j) You have the right to be protected against retaliation if you file a discrimination complaint.

The School’s Responsibilities
The District will promptly investigate Title IX complaints, offer supportive measures, seek resolution, and prevent retaliation against any party to the complaint, and prevent acts of discrimination.

For more information about schools’ responsibilities under Title IX, please visit:
The California Office of Equal Opportunity
The United States Department of Education Office for Civil Rights

Equity Starts with You! Click here to watch video.

Interested in Coaching?
Please visit the Human Resources’ coaching opportunities website for information.

Board Policy
BP 0410 Nondiscrimination in District Programs and Activities/Title IX

“Title IX is a comprehensive federal law that prohibits discrimination based on sex in any federally funded education program or activity.”

Title IX in Athletics provides for:
– Equal Opportunities to Play Sports
– Equal Treatment and Benefits in School Sports Programs
– Prohibition of Retaliation when making a complaint about inequalities

Title IX Rights:
(a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
(b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
(c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
(d) You have the right to apply for athletic scholarships.
(e) You have the right to receive equitable treatment and benefits in the provision of all of the following:
(1) Equipment and supplies.
(2) Scheduling of games and practices.
(3) Transportation and daily allowances.
(4) Access to tutoring.
(5) Coaching.
(6) Locker rooms.
(7) Practice and competitive facilities.
(8) Medical and training facilities and services.
(9) Publicity.

If you have questions or concerns relating to Title IX at your child’s school, please find and contact your School Title IX Officer below:

Title IX – CPH

CDE and US Dept. of Ed Links

California Department of Education – Office of Equal Opportunity
United States Department of Education – Office for Civil Rights

Resources

Robert Hughes
Chief Compliance Officer / Title IX Coordinator
670 L Street, Suite G
Chula Vista, CA  91911
(619) 600-4900
compliance@sweetwaterschools.org

Natalie Cruz
Program Manager, Compliance / Deputy Title IX Coordinator
natalie.cruz@sweetwaterschools.org

Betsy Garcia-Peña
Sr. Administrative Assistant
betsy.garcia-pena@sweetwaterschools.org

The Compliance Office is dedicated to supporting all district stakeholders in utilizing the appropriate complaint and compliance procedures, as necessary. As part of the Legal Services Division, the Compliance Office serves as the primary point of contact for compliance-related issues and investigations.