Title IX

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex-based discrimination in all educational programs and activities, including athletic programs operated by recipients of federal funds, including colleges, universities, and public school districts. 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 operated by the District. Title IX protects all participants in the District's educational programs and activities, including students, parents, employees, and job applicants. The District does not discriminate on the basis of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.

In addition to Title IX, the California Education Code prohibits discrimination on the basis of sex in schools. (California Education Code §§ 220-221.1.) Other state and federal laws also prohibit discrimination and ensure equality in education. Please refer to the following specific policies and procedures regarding sexual harassment:

Accessibility Notice: All of the links below are to an external website, GAMUT Online, and will open in a new window.

• BP 0410 Philosophy, Goals, Objectives and Comprehensive Plans

• BP 4119.11 Sexual Harassment - Staff and Job Applicants

• BP 5145.7 Sexual Harassment - Students
• AR 5145.7 Sex Discrimination and Sex-Base Harassment - Students
• AR 5145.3 Nondiscrimination/Harassment - Students

Title IX information provided here applies to every school and site in the District.

Discrimination is when you are treated differently than someone else. Harassment is when you are being targeted because of a certain characteristic. 

What are examples of discrimination or harassment based on sex?

• Cat calling
• Explicit drawings or pictures
• Unwanted touching, especially of sensitive areas
• Jokes or comments about your clothing, hair, or other physical features
• Dating violence
• Stalking
• Bullying or ridicule based on sex stereotypes (such as “His voice is so high he must be a girl” or “She’s so tall she must be a boy”)
   

BUSD 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. 

Sexual harassment is against the law in all schools in California (Education Codes 200, 212.6, 48900.2) and in the United States (Title IX). 

You have the following rights under Title IX, to the extent applicable at the District. You have the right to receive equitable treatment and benefits in the provision of any of the following.

• You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
• You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
• You have the right to inquire of the athletic director of your school or appropriate District personnel as to the athletic opportunities offered by the school. Title IX Sports Equity Disclosure
• You have the right to receive equitable treatment and benefits in the provision of all of the following related to athletics, if provided by the District:
  • Equipment and supplies;
  • Scheduling of games and practices;
  • Transportation;
  • Access to tutoring;
  • Coaching;
  • Locker rooms;
  • Practices and competitive facilities;
  • Medical and training facilities and services; and
  • Publicity.
• You have the right to have access to a sex/gender equity coordinator, referred to as the Title IX Coordinator (find contact information above), to answer questions regarding sex/gender equity laws.
• You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on sex/gender equity laws.
• You have the right to file a confidential discrimination complaint with the United States Department of Education Office for Civil Rights or the California 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.
• You have the right to pursue civil remedies if you have been discriminated against.
• You have the right to be protected against retaliation if you file a discrimination complaint.

(The above is from California Education Code § 221.8.)

The District has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If the District knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. The District must resolve complaints of sex discrimination promptly and equitably. Information on filing a complaint alleging sex-based discrimination is below, including contact information for the District's Title IX Coordinators.

For more information specific to anti-discrimination in BUSD employment, please contact the Title IX Coordinator (contact information above).

Accessibility Notice: All of the links below are to external websites and will open in a new window.

Learn more about your rights under Title IX:

• Visit the website of the United States Department of Education Office for Civil Rights at http://www2.ed.gov/about/offices/list/ocr/index.html and the webpage on sex discrimination at http://www2.ed.gov/policy/rights/guid/ocr/sex.html.
• Review the United States Department of Education Office for Civil Rights, Know Your Rights documents:
  • Title IX prohibits sexual harassment and sexual violence: https://www2.ed.gov/policy/rights/guid/ocr/sex.html
  • Title IX requires the District to address sexual violence: https://www2.ed.gov/about/offices/list/ocr/docs/know-rights-201404-title-ix.pdf.
  • Title IX prohibits discrimination against pregnant or parenting individuals: https://www2.ed.gov/about/offices/list/ocr/docs/dcl-know-rights-201306-title-ix.html.
• Visit the website of the California Department of Education Office of Equal Opportunity at http://www.cde.ca.gov/re/di/eo/ and the webpage on Gender Equity/Title IX at http://www.cde.ca.gov/re/di/eo/genequitytitleix.asp.
• Review related District policies and regulations by visiting the links provided in the first section of this page or by contacting the District's Title IX coordinator.

When: A complaint alleging unlawful discrimination or retaliation must be filed no later than six months from the date the discrimination or retaliation occurred, or six months from when the complainant first learned of the unlawful discrimination. The Superintendent or designee may extend this timeline by up to ninety days for good cause, upon written request by the complainant setting forth the reasons for the extension.

How: A student, parent, guardian, employee, individual, or organization may file a written complaint alleging discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic under the District's Uniform Complaint Procedure by sending a complaint to the District's Title IX Coordinator (contact information listed above).

The Uniform Complaint Procedure is available below in both English and Spanish.

• Uniform Complaint Procedure English
• Uniform Complaint Procedure Spanish

Accessibility: If you need assistance putting your complaint in writing, please contact Human Resources at 707-542-5197 xt 5 or hr@busd.org. You may file a complaint anonymously, but the District's ability to investigate and respond may be limited by a lack of information.

You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights. For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html. The electronic complaint form for the Office for Civil Rights is available online at https://ocrcas.ed.gov.

Contact the Office for Civil Rights at:
San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102
Telephone: (415) 486-5555
Fax: (415) 486-5570; TDD: (800) 877-8339
Email: ocr.sanfrancisco@ed.gov

For information about how to file other types of complaints and the procedures for those complaints, please contact the appropriate District's Title IX coordinator.

Complaints filed under the District's Uniform Complaint Procedure will be investigated and a decision made within sixty (60) calendar days of the District's receipt, unless the complainant agrees to an extension. The District's compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses. The compliance officer may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred. As appropriate, the District's compliance officer periodically will inform the parties of the status of the investigation. The complainant will be notified when a decision is made. 

Complaints that are not filed under the District's Uniform Complaint Procedure will be investigated and decided pursuant to the applicable procedure.

For complaints filed under the Uniform Complaint Procedure, the compliance officer will prepare and send a final written decision to the complainant and respondent, if any, within sixty (60) calendar days of the District's receipt of the complaint (unless the complainant agrees to an extension).

If the complainant or respondent is not satisfied with the decision, either the complainant or respondent may, within five business days, file the complaint in writing with the Board. The Board may consider the matter at a Board meeting or decide not to hear the complaint, in which case the compliance officer’s decision shall be final.

The complainant or respondent may appeal the District's decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the District's facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the District and a copy of the District's decision. For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures: http://www.cde.ca.gov/re/cp/uc/index.asp.

For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers or public/private interest attorneys, sixty calendar days after filing an appeal with the California Department of Education. (California Education Code § 262.3.) Note that this sixty-day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (California Education Code § 262.3.)

Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within 180 days of the alleged discrimination. For contact information, see the section above on “Filing a Complaint”. For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.

If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.

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. Districts must protect against discrimination in these areas. Districts must also prohibit retaliation against any person bringing a complaint, opposing an unlawful practice or policy, or filing, testifying about or participating in any complaint under Title IX. For more information about school districts’ responsibilities under Title IX, please visit:

• California Office of Equal Opportunity
• United States Department of Education Office of Civil Rights

Under Title IX, “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)(12), or “stalking” as defined in United States Code, title 34, section 12291(a)(30).
  • “Sexual assault” means any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the persons will where the victim is incapable of giving consent, including: forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling.  Sexual assault also includes nonforcible sexual intercourse involving incest and statutory rape.  (20 U.S.C. § 1092(f)(6)(A)(v))
  • “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 (34 U.S.C. § 12291(a)(12)).
  • “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. 

These definitions are also found in AR 5145.71 – Title IX Sexual Harassment Complaint Procedures (Students) and AR 4119.12 – Title IX Sexual Harassment Complaint Procedures (Employees). 

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

For further information on notice of non-discrimination:

U.S. Office of Civil Rights

• Phone: 800-421-3481
• Email: ocr@ed.gov
• Website
• Complaint Forms

CA Dept. of Education Office of Equal Opportunity

• Phone: 916-445-9174
• Website

U.S. Department of Education Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity

• https://sclscal.org/title-ix/
• Title IX: Responding to and Investigating Complaints of Sexual Harassment Webinar Workbook -Lozano Smith Webinar
• Title IX Awareness for Supervisors
• Title IX Roles of the Decision Maker and Appeals Officer
• Roles and Responsibilities of the Title IX team
• Foundations of Title IX

For more information regarding Title IX, please contact the appropriate Title IX Coordinator:

Title IX Coordinator for Students
Director, Student Services
studentservices@busd.org
(707) 542-5197 xt 11

Title IX Coordinator for Staff and Job Applicants
Human Resources
hr@busd.org
(707) 542-5197 xt 5

Education Code section 221.8 provides as follows:

The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:

(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.

© 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.