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Title IX

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.
 

Sex Discrimination

Sex Discrimination

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in all education programs and activities operated by recipients of federal funds, including colleges, universities, and public school districts. 
A Policy against Discrimination Based on Sex

A Policy against Discrimination Based on Sex

The Elk Grove Unified School District is committed to providing educational programs, activities and services that are free from unlawful discrimination based on actual or perceived legally protected characteristics, or association with a person or group with one or more of such characteristics, including sex, sexual orientation, gender, gender identity, and gender expression, as required by Title IX of the Education Amendments of 1972. The District’s general nondiscrimination/harassment policy is found at BP 0410.
 

 


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. For more information about schools’ responsibilities under Title IX, please visit:
 
 

Summary of Student Rights (Ed Code section 221.8)

 
  • You have the right to fair and equitable treatment and to be free from discrimination based on your sex.
  • You have the right to an equitable opportunity to participate in all academic extracurricular activities, including athletics.
  • You have the right to ask the athletic director of your school about the athletic opportunities offered by the school.
  • You have the right to apply for athletic scholarships.
  • You have the right to equitable treatment and benefits in:
    • Equipment and supplies
    • Scheduling of games and practices
    • Transportation and daily allowances
    • Access to tutoring
    • Coaching
    • Locker rooms
    • Practice and competitive facilities
    • Medical and training facilities and services
    • Publicity
  • You have access to a gender equity coordinator to answer questions about gender equity laws.
  • You have the right to contact the California Department of Education (CDE) and the California Interscholastic Federation (CIF) for information on gender equity laws.
  • You have the right to file a confidential discrimination complaint with the United States Office for Civil Rights (OCR) or CDE if you believe you have been discriminated against or received unequal treatment on the basis of your sex.
  • You have the right to pursue civil remedies if you have been discriminated against.
  • You have the right to be protected from retaliation if you file a discrimination complaint.
Definition of Sexual Harassment


Definition of Sexual Harassment

Federal Law
Under federal law, “Sexual Harassment” is defined as conduct, on the basis of sex, that satisfies one or more of the following (34 C.F.R. § 106.30):
 
  • A District employee conditioning the provision of an aid, benefit, or service of the District on the employee’s participation in unwelcome sexual conduct;
  • Unwelcome conduct determined by a reasonable individual to be so severe, pervasive, and objectively offensive that it effectively denies the employee equal access to the terms and/or conditions of employment; or
  • “Sexual assault” as defined in United States Code, title 20, section 1092(f)(6)(A)(v), “dating violence” as defined in United States Code, title 34, section 12291(a)(10), “domestic violence” as defined in United States Code, title 34, section 12291(a)(8), or “stalking” as defined in United States Code, title 34, section 12291(a)(30).
    • “Sexual assault” means actual or intentional physical sexual acts against an individual without consent that may include: rape, rape and seduction, sodomy, lewd and lascivious acts, oral copulation, sexual penetration, sexual battery, and sexual assault, as defined under Education Code section 48900(n) and Penal Code sections 261, 266c, 286, 288, 288a, 289 and 243.4.
    • “Dating violence” means violence committed by an individual who is or has been in a social relationship of a romantic or intimate nature with the victim (34 U.S.C. § 12291(a)(10)).
    • “Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by an individual with whom the victim shares a child in common, by an individual who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by an individual similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other individual against an adult or youth victim who is protected from that individual's acts under the domestic or family violence laws (Ed. Code § 48900, subd. (n)).
    • “Stalking” means engaging in a course of conduct directed at a specific individual that would cause a reasonable individual to: (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress (34 U.S.C. § 12291(a)(30)).
    • “Without consent” or “against that individual’s will” may include force, duress, violence, fear of immediate harm, or an individual’s inability to consent.
 
California Law
Under California law, “Sexual Harassment” is defined as any unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome verbal, visual, or physical conduct of a sexual nature, whether it occurs between individuals of the same sex or individuals of opposite sex, under any of the following conditions (Ed. Code § 212.5; 5 C.C.R. § 4916; Gov. Code § 12940; 2 C.C.R. §§ 11029-11034):
 
  • Submission to the conduct is explicitly or implicitly made a term or a condition of the employee's employment;
  • Submission to, or rejection of, the conduct by the employee is used as the basis of an employment decision affecting the employee;
  • The conduct has the purpose or effect of having a negative impact upon the employee’s work, or progress, or has the purpose or effect of creating an intimidating, hostile, or offensive working environment.  The conduct is sufficiently severe, persistent, pervasive or objectively offensive, so as to create a hostile or abusive working environment or to limit the employee's ability to participate in or benefit from the terms or conditions of the employee’s employment; or
  • Submission to, or rejection of, the conduct by the employee is used as the basis for any decision affecting the employee regarding benefits and services, honors, programs, or activities available at or through the District.
 
Examples of conduct that might constitute sexual harassment under California law include, but are not limited to:
 
  • Unwelcome verbal conduct such as sexual flirtations or propositions; graphic comments about an individual’s body; overly familiar conversations; pressure for sexual activity; sexual jokes or stories; unwelcome sexual slurs, epithets, threats, or innuendoes; derogatory comments; sexually degrading descriptions; and/or the spreading of sexual rumors;
 
  • Unwelcome visual conduct such as drawings, pictures, graffiti, or gestures; sexually explicit e-mails; and/or displaying sexually suggestive objects; or
 
  • Unwelcome physical conduct such as massaging, grabbing, fondling, stroking, or brushing the body; touching an individual’s body or clothes in an overly familiar or sexual way; and/or cornering, blocking, leaning over, or impeding normal movements.
 
It is impossible to define every action or all words that could be interpreted as sexual harassment.  These examples listed above are not meant to be a complete list of prohibited behavior.
How to File a Title IX Complaint


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.
 
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.
 
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
 
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


Police Report

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


Training

 
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
    Title IX Coordinators

    Title IX Coordinators

    For Complaints against Employees:
    Amreek Singh
    Chief Human Resources Officer/Title IX Coordinator
    (916) 686-7795; TitleIX@egusd.net
    9510 Elk Grove Florin Road
    Elk Grove, CA 95624

    For Complaints against Students:
    Dr. Bindy Grewal
    Assistant Superintendent, PreK-6 Education/Title IX Coordinator
    (916) 686-7704; TitleIX@egusd.net
    9510 Elk Grove Florin Road
    Elk Grove, CA 95624

    Uniform Complaint Procedures

    Uniform Complaint Procedures

    Title IX complaints may be filed using the District’s uniform complaint procedures.


    Title IX Sexual Harassment Complaint Procedures