Sexual Harassment - Title IX

ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7]

( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

230.

For purposes of this chapter, 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.

(Amended by Stats. 2003, Ch. 660, Sec. 1. Effective January 1, 2004.)

CA Ed Code 221.8

ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7]

( Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

221.8.

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.

(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.

(Added by renumbering Section 271 by Stats. 2015, Ch. 43, Sec. 3. (AB 1538) Effective January 1, 2016.)

NOTICE OF TITLE IX SEX DISCRIMINATION AND SEXUAL HARASSMENT COMPLAINT PROCEDURES

The United States Code of Federal Regulations Title 34, Section 106.8 requires the district to issue the following notification to students at all grade levels and their parents/guardians:

The Riverside Unified School District does not discriminate, nor does it permit discrimination, on the basis of sex in any education program or activity that it operates. The prohibition against discrimination on the basis of sex is required by federal law (20 United States Code Sections 1681-1688; 34 Code of Federal Regulations Part 106) and extends to employment. The District also prohibits retaliation against any student for filing a complaint or exercising any right granted under Title IX.

Title IX requires a school district to take immediate and appropriate action to address any potential Title IX violations that are brought to its attention. The district has designated and authorized the following employee as the district's Title IX Coordinator to address concerns or inquiries regarding discrimination on the basis of sex, including Sex Discrimination and Sexual Harassment, sexual assault, dating violence, domestic violence, and stalking:

Prohibited Sex Discrimination and Sexual Harassment under the Education Code includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions: (California Education Code Section 212.5 and 5 California Code of Regulations Section 4916).

Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.
Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.
The conduct has the purpose or effect of having a negative impact on the student's academic performance or of creating an intimidating, hostile, or offensive educational environment.
Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any district program or activity.

Prohibited Sex Discrimination and Sexual Harassment under TITLE IX is defined to include:

a district employee conditioning the provision of a district aid, benefit, or service on an individual's participation in unwelcome sexual conduct;
unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity. Such conduct can be carried out by school staff, a student, or another person; or
sexual assault, dating violence, domestic violence, or stalking as defined in 20 United States Code Section 1092 and 34 United States Code Section 12291).

Any inquiries about the application of Title IX, this notice, and who is protected by Title IX may be referred to the district's Title IX Coordinator, to the Assistant Secretary for Civil Rights of the U.S. Department of Education or both.

Any individual may report sex discrimination, including sexual harassment, to the Title IX Coordinator or any other school employee at any time, including during non-business hours, by mail, phone, or email. During district business hours, reports may also be made in person.

To view an electronic copy of the district's policies and administrative regulations on Sex Discrimination and Sexual Harassment, including the grievance process that complies with 34 Code of Federal Regulations 106.45 see the Policies and Procedures-Title IX page.

To inspect or obtain a hard copy of the district's Sex Discrimination and Sexual Harassment policies and administrative regulations, please contact the Title IX Coordinator.

REPORT SEX DISCRIMINATION AND SEXUAL HARASSMENT

You may file an anonymous concern regarding sexual misconduct through the District's electronic reporting system. (WeTip link)

TITLE IX SEX DISCRIMINATION AND SEXUAL HARASSMENT

To file a Title IX Sex Discrimination or Sexual Harassment Complaint, specifically alleging that a student was subjected to one or more of the following forms of Sex Discrimination and Sexual Harassment:

1) A district employee conditioning the provision of a district aid, benefit, or service on an individuals participation in unwelcome Sex Discrimination and Sexual Harassment conduct;

2) unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity. Such conduct can be carried out by school staff, a student, or another person;

3) Sexual assault, dating violence, domestic violence, or stalking as defined in 20 United States Code Section 1092 and 34 United States Code Section 12291).

Any individual may report sex discrimination, including sexual harassment, to the Title IX Coordinator, or any other school employee at any time, including during non-business hours, by mail, phone, or email. During district business hours, reports may also be made in person.

Upon receiving an allegation of Title IX Sex Discrimination and Sexual Harassment, the Title IX Coordinator will promptly notify the parties, in writing, of the applicable district complaint procedure.

COMPLAINT PROCESS TIMELINE

The written decision shall be issued within 60 calendar days of the receipt of the complaint. The timeline may be temporarily extended for good cause with written notice to the complainant and respondent of the extension and the reasons for the action. (34 CFR 106.45)

APPEALS

Either party may appeal the district’s decision or dismissal of a formal complaint or any allegation in the complaint if the party believes that a procedural irregularity affected the outcome, new evidence is available that could affect the outcome, or a conflict of interest or bias by the Title IX Coordinator, the investigator(s), or decision-maker(s) affected the outcome.

An appeal must be filed in writing within 10 calendar days of receiving the notice of the decision or dismissal, stating the grounds for the appeal and including any relevant documentation in support of the appeal. Appeals submitted after this deadline are not timely and shall not be considered.

A written decision shall be provided to the parties within 20 calendar days from the receipt of the appeal.

Either party has the right to file a complaint with the U.S. Department of Education’s Office for Civil Rights within 180 days of the date of the most recently alleged misconduct.

The complainant shall be advised of any civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal antidiscrimination laws, if applicable.

For questions please contact:

Dr. Bethany Scott - Title IX Coordinator
3380 14th Street
Riverside, CA 92501
(951) 788-7135
bscott@riversideunified.org

UNIFORM COMPLAINT PROCEDURE

Formal complaints pertaining to harassment, intimidation, and bullying and/or discrimination, harassment, intimidation, and bullying based on a protected category must be filed in writing and submitted to the Director of Pupil Services or designee. These complaints may include complaints of sexual harassment (which is sex-based discrimination) that do not rise to the level of a Title IX complaint.

Refer to the District’s Uniform Complaint Procedure ("UCP") page for policies and forms.

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In This Section

Sexual Harassment - Title IX

CA Ed Code 230

ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7]

230.

CA Ed Code 221.8

ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7]

221.8.

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