Title IX & Sexual Harassment

  • For more information on our Sexual Harassment policy and procedures, please see BP 5145.7, and AR 5145.7

    For more information on our Sexual Discrimination policy and procedures, please see BP 5145.3, and AR 5145.3

     

    Contact

    Joanne Castillo
    Title IX Coordinator
    (209) 933-7037 Ext. 2195
    JMCastillo@stocktonusd.net

  • Policy Against Discrimination Based on Sex

    Stockton 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.

    For more information on our Sexual Harassment policy and procedures, please see BP 5145.7, and AR 5145.7

    Sexual Harassment Prevention Poster | En Espanól

  • 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 (Education 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

    The Title IX regulations define sexual harassment as conduct, performed on the basis of sex, that satisfies one or more of the following:

    • 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;
    • 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,
    • “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:

    • Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
    • Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
    • 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.
    • 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.

     

    Definition of Sex Discrimination

    California Education Code section 230 provides the legal definition of “Harassment and Other Discrimination on the Basis of Sex” as including but not being limited to the following practices: 
    • 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.
    • 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.
    • 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.
    • 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.
    • 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

    An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes using any one of the following tests:

    • Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.
    • 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.
    • Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion, 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.

    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.

  • 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 AR 5145.71.

    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 a 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 in 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: 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