Title IX/Gender Equality

For students, employees, parents or guardians of its students, school and district advisory committees, appropriate private school officials or representatives, and other interested parties.

Student Rights Under Title IX – SB 1375 Statement

Definition of Sexual Harassment

• The Title IX regulations define sexual harassment as conduct, performed on the basis of sex, that satisfies one or more of the following:
  1. A District employee conditioning the provision of an aid, benefit, or service of the District on a student or individual’s participation in unwelcome sexual conduct;
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or,
  3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 1229(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). These definitions are also available in AR 5145.7.

California Education Code section 212.5 defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:

4. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
5. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
6. The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
7. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

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.

District Complaint: Title IX complaints may be filed using the District’s uniform complaint procedure, Board Policy No. 1312.3.

• Uniform Complaint Form

Time Requirement: A complaint with the District must be filed within six (6) months of the discrimination occurring or your awareness of the discrimination. (5 CCR 4630(b).) Upon written request setting forth the reasons for an extension, the Superintendent or designee may extend the time for filing a discrimination complaint by up to ninety (90) days for good cause. (5 CCR 4630(b).) If you have any questions about this time limit, or if you believe your complaint may be outside this time requirement but want to explore other options, please contact the Title IX Coordinator.

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 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 unlawful discrimination, harassment, or sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. The District’s procedure for investigating a Title IX complaint can be found at Administrative Regulation No. 1312.3. Please contact the Title IX Coordinator if you have any questions.

OCR Complaint

The complainant has a right to appeal the District’s decision to the California Department of Education’s Office of Equal Opportunity by filing a written appeal within 15 days of receiving the findings.  A discrimination complaint may also be filed directly with the U.S. Department of Education’s Office of Civil Rights.

• OCR Online Complaint Filing System
• United States Department of Education OCR Complaint Form

Time Requirement: OCR requires complaints to be filed within 180 calendar days of the alleged discrimination. Please contact OCR, if you have any questions about this time requirement.

Investigation Procedure: Information regarding OCR’s investigation process.

For information regarding filing a complaint with OCR, please contact 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
FAX: 415-486-5570
TDD: 800-877-8339
Email: ocr.sanfrancisco@ed.gov

Police Report

To file a police report, please contact EGUSD Safety and Security and/or local law enforcement.

• EGUSD Safety and Security Department
  You can make reports by calling EGUSD’s Safety and Security Department at (916) 686-7786.
• Elk Grove Police Department
  If your incident is an emergency, call 911. If non-emergency call (916) 478-8000.
• Sacramento County Sheriff’s Office
  Sheriff’s Office (916) 874-5115 (non-emergency) – when crime occurred in unincorporated Sacramento County.

Training

Best Practices for Identifying, Responding to, and Investigating Sexual Harassment Complaints Under Title IX

The above training covers:

• Title IX and the New Regulations
• The Roles and Responsibilities of District Administrators and Employees
• 12 Steps for an Effective Title IX Investigation

Additional Resources

• Video: Sexual Harassment: Not In Our Schools
• Equal Rights Advocates
• Know Your IX
• Office for Civil Rights
• Gender Equity/Title IX – California Department of Education