Title IX
Title IX Coordinator
Julie Hirst, Ed.D
Julie Hirst, Ed.D
Title IX Law Prohibiting Sex Discrimination in Education
What is Title IX?
Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is a federal law that states: “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 prohibits sex discrimination in education, including K–12 schools. Title IX has been used to promote equity in education by ensuring equal resources and treatment in education and school-related athletic and extracurricular activities, providing protections for pregnant and parenting students, and prohibiting sex-based harassment, discrimination, and bullying. In addition to this federal law, California Education law also prohibits schools from discriminating against students on the basis of sex (Education Code sections 220– 221.1).
Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is a federal law that states: “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 prohibits sex discrimination in education, including K–12 schools. Title IX has been used to promote equity in education by ensuring equal resources and treatment in education and school-related athletic and extracurricular activities, providing protections for pregnant and parenting students, and prohibiting sex-based harassment, discrimination, and bullying. In addition to this federal law, California Education law also prohibits schools from discriminating against students on the basis of sex (Education Code sections 220– 221.1).
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 Education Code 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.
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 Education Code 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.
State 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:
1. Summary of Student Rights (Education Code Section 221.8) GENDER HARASSMENT:
| (a) | You have the right fair and equitable treatment and to be free from discrimination based on your sex. |
| (b) | You have the right to 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.
|
Complaints of SEXUAL HARASSMENT:
- A school employee conditioning the provision of an aid, benefit, or service on participation in unwelcome sexual conduct.
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a student equal access to Snowline’s education program or activity.
- Sexual assault, dating violence, domestic violence, or stalking as defined in federal law (20 U.S.C. §1092 or 34 U.S.C. §12291).
2. The School's Responsibilities
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in programs and activities of federally funded institutions. School district programs and activities must be operated free from discrimination. Key areas addressed by Title IX include: athletics; sexual misconduct, including sexual harassment and sexual violence; pregnant and parenting students; off-campus activities; recruitment and admission; and employment. Schools must protect against discrimination in these areas. Schools must also prohibit retaliation against any person for opposing an unlawful practice or policy, or filing, testifying about, or participating in any complaint under Title IX. The school must also provide supportive measures regardless if a formal complaint is filed. Supportive measures include, but are not limited to, facilitating access to medical and counseling services, assistance in arranging the rescheduling of exams and assignments, academic support services, assistance in requesting long-term academic accommodations if the individual qualifies as a individual with a disability, allowing either party to drop a class in which both parties are enrolled, a mutual "no contact order," and any other reasonably supportive measure that does not unreasonably burden the other party's access to the education and that serves the goals of this policy.
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in programs and activities of federally funded institutions. School district programs and activities must be operated free from discrimination. Key areas addressed by Title IX include: athletics; sexual misconduct, including sexual harassment and sexual violence; pregnant and parenting students; off-campus activities; recruitment and admission; and employment. Schools must protect against discrimination in these areas. Schools must also prohibit retaliation against any person for opposing an unlawful practice or policy, or filing, testifying about, or participating in any complaint under Title IX. The school must also provide supportive measures regardless if a formal complaint is filed. Supportive measures include, but are not limited to, facilitating access to medical and counseling services, assistance in arranging the rescheduling of exams and assignments, academic support services, assistance in requesting long-term academic accommodations if the individual qualifies as a individual with a disability, allowing either party to drop a class in which both parties are enrolled, a mutual "no contact order," and any other reasonably supportive measure that does not unreasonably burden the other party's access to the education and that serves the goals of this policy.
3. How to File a Title IX Complaint
Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the District or the Office for Civil Rights (OCR). If a crime is involved, such as sexual assault, individuals may also file a report with the local police department. A person may pursue one or all of these avenues at the same time. Below is a summary of each process.
Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the District or the Office for Civil Rights (OCR). If a crime is involved, such as sexual assault, individuals may also file a report with the local police department. A person may pursue one or all of these avenues at the same time. Below is a summary of each process.
A. District Complaint
Title IX complaints may be filed by filing out the Title IX Complaint Form. Please submit the completed form to:
Julie Hirst, Director of Student Intervention and Attendance,
PO Box 296000,
Phelan, California 92392-6000
or by email to [email protected].
Time Requirement:
A complaint with the District must be filed within six months of the discrimination occurring or your awareness of the discrimination (5 CCR 4630(b).
Investigation Procedure:
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 all 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.
Time Requirement:
A complaint with the District must be filed within six months of the discrimination occurring or your awareness of the discrimination (5 CCR 4630(b).
Investigation Procedure:
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 all 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.
B. OCR Complaint
OCR provides an online complaint filing system at https://ocrcas.ed.gov/.
OCR can also be contacted through the California regional office at:
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: [email protected]
U.S. Department of Education
50 United Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
Telephone: 415-486-5555
Email: [email protected]
Time Requirement:
OCR requires that the complaint be filed within 180 calendar days of the discrimination. Please contact OCR, or visit the websites above, if you have any questions or concerns about this time requirement.
Investigation Procedure:
For information regarding OCR’s investigation process, please see https://www2.ed.gov/about/offices/list/ocr/complaints-how.html.
OCR requires that the complaint be filed within 180 calendar days of the discrimination. Please contact OCR, or visit the websites above, if you have any questions or concerns about this time requirement.
Investigation Procedure:
For information regarding OCR’s investigation process, please see https://www2.ed.gov/about/offices/list/ocr/complaints-how.html.
C. Police Report
To file a police report, please contact local law enforcement at:
San Bernardino County Sheriffs Department
14200 Amargosa Rd
Victorville, CA 92392
760.956.5001
For more information please visit:
The California Office of Equal Opportunity at:
http://www.cde.ca.gov/re/di/eo/genequitytitleix.asp
http://www.cde.ca.gov/re/di/eo/titleixnotification.asp
The United States Department of Education Office of Civil Rights at:
https://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html
https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html
OCR’s investigation process, at:
https://www2.ed.gov/about/offices/list/ocr/complaints-how.html.
http://www.cde.ca.gov/re/di/eo/genequitytitleix.asp
http://www.cde.ca.gov/re/di/eo/titleixnotification.asp
The United States Department of Education Office of Civil Rights at:
https://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html
https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html
OCR’s investigation process, at:
https://www2.ed.gov/about/offices/list/ocr/complaints-how.html.
District Title IX Training
Principal Title IX Training
Office of Student Intervention & Attendance
Office: 760-868-5817
Office Hours: 7:30 am to 4:00 pm
Christina Powers-Ext 10142
Secretary SIA
Secretary SIA
