Title IX
Title IX Overview
Title IX is a federal law passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
References:
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Title IX of the Education Amendments of 1972 (20 United States Code 1681, 1682)
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Designation of Responsible Employee, Dissemination of Policy, and Adoption of Complaint Procedures (34 Code of Federal Regulations Section 106.8)
Title IX requires that each school district have at least one person designated as the Title IX Coordinator.
TITLE IX PROHIBITIONS
Sex-Based Discrimination, Harassment, Intimidation, and Bullying (including sexual harassment)
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Unwelcome conduct of a sexual nature including, but not limited to, sexual advances, requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature in the educational environment;
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Quid pro quo sexual harassment, placing a condition of receiving a benefit or service on participation in unwelcome sexual conduct; sexual assault, dating violence, domestic violence, or stalking; gender-based harassment
State and federal laws protect students from all forms of sexual harassment (including sexual violence and sexual abuse). Any student, regardless of their gender, may potentially face sexual harassment, which can interfere with a student’s academic performance, as well as their emotional and physical well-being. Preventing and remedying sexual harassment in schools is essential to ensuring a safe environment in which students can learn. The OCR issued revised Title IX regulations on August 14, 2020, regarding sexual harassment.
For further information regarding District policies regarding sexual harassment, refer to the following Title IX Sexual Harassment web page.
Gender Equity
It is the policy of the State of California that all persons, regardless of their gender, should enjoy freedom from discrimination of any kind in the educational institution of the state. The laws expand upon gender equity and Title IX laws that provide guidance to California’s education system. Each Local Educational Agency (“LEA”) will be responsible for following the laws in addition to Title IX requirements.
Formal Sexual Harassment Complaints
Refer to HTH’s Sexual Harassment-Title IX web page under the heading “How to File a Sexual Harassment Complaint” for details and forms for filing.
Legal References:
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Title IX Posting Requirements (Assembly Bill 543, Sec. 2, California Education Code Section 231.6)
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Sex Equity in Education Act (California Education Code Sections 221.5-231.5)
Recruitment, Admissions Counseling
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Recruitment materials, admission forms, class or career selection materials, admission of students.
Financial Assistance
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Procedures and practices for awarding financial assistance to students
Athletics
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Requires nondiscriminatory participation based on student interests and abilities;
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Equal benefits and opportunities (equipment, supplies, training facilities, recruitment, support services, etc.)
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Financial assistance
Sex Equity in Competitive Athletics
Each public elementary, secondary, and charter school in California, that offers competitive athletics, is required to make the following information available to the public at the end of each school year:
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The total enrollment of the school, classified by gender.
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The number of pupils enrolled at the school who participate in competitive athletics, classified by gender.
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The number of male and female teams, classified by sport and by competition level.
Competitive Athletics are defined as sports where the activity has coaches, a governing organization, practices, competes during a defined season, and has competition as its primary goal. The required data as stated above should reflect the total number of players on a team roster on the official first day of competition. Schools should post the information on the school’s website. If the school does not maintain a website, the school district or charter operator shall post the information on its website. All materials used by the school to compile the data are to be retained by the school for a minimum of three years after the information has been posted.
Reference:
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Equity in Athletics (California Education Code Section 221.9)
Pregnant & Parenting Students
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Different treatment on the basis of sex based on parental, family, or marital status;
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Exclusion in educational programs or activities based on pregnancy, childbirth, false pregnancy
Discipline
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Imposing consequences based on sex, gender identity, stereotypical binary expectations, etc.
Schools, Classes and Extracurricular Activities
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Providing education programs or activities separately on the basis of sex;
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Requiring or refusing participation by students on the basis of sex;
Noted exceptions: 1) contact sports in physical education; 2) classes or portions of classes that deal primarily with human sexuality; 3) non-vocational classes and extracurricular activities with a coeducational school if certain criteria are met.
Single Sex Programs
In 2006, the Office for Civil Rights (“OCR”) adopted new Title IX regulations for the establishment of single sex programs in schools. Many factors and legal requirements must be addressed if schools are considering the development of single-sex options.
Reference:
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Sex Equity in Classes and Programs (California Education Code Section 221.5)
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Access to Classes and Schools (34 Code of Federal Regulations Section 106.34)
Employment
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Recruitment, hiring, promotion, compensation, grants of leave, benefits
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Selection for employment
Retaliation
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Against anyone who has reported, investigated, filed a complaint under Title IX
RIGHTS UNDER TITLE IX
OFFICE FOR CIVIL RIGHTS (OCR) RESOURCES
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg.
400 Maryland Avenue, SW
Washington, DC 20202-1100
You may email them at OCR@ed.gov, or fax them at (202-453-6012). If neither of these options are available to you, mail your correspondence to the address above. You may also contact them at 800-421-3481 or OCR@ed.gov to confirm receipt of your correspondence. For more information, including links about how to file a complaint with the OCR, see the Title IX Resources page.
CALIFORNIA DEPARTMENT OF EDUCATION
Policies & Procedures
Title IX Training & Inspection
Institutional Compliance Solutions (“ICS”) permits the posting of its training materials as required by OCR in §106.45(b)(10)(i)(D) of the new Title IX Regulations. Any use or effort to republish, reproduce, duplicate, copy, sell, display, disclose, or distribute this material shall constitute infringement. © 2020 Institutional Compliance Solutions All rights reserved. The following are the training inspection links.
Annual Notifications
A copy of the district’s sexual harassment policies and regulations shall be:
1. included in the notifications that are sent to parents/guardians at the beginning of each school year (California Education Code Section 48980; 5 California Code of Regulations Section 4917)
2. displayed in a prominent location in the main administrative building or other area where notices of district rules, regulations, procedures, and standards of conduct are posted (California Education Code Section 231.5)
3. summarized on a poster which shall be prominently and conspicuously displayed in each bathroom and locker room at each school. The poster may be displayed in public areas that are accessible to and frequented by students, including, but not limited to, classrooms, hallways, gymnasiums, auditoriums, and cafeterias. The poster shall display the rules and procedures for reporting a charge of sexual harassment; the name, phone number, and email address of an appropriate school employee to contact to report a charge of sexual harassment; the rights of the reporting student, the complainant, and the respondent; and the responsibilities of the school. (California Education Code Section 231.6)
4. posted in a prominent location on the district’s web site in a manner that is easily accessible to parents/guardians and students. This shall include the name or title, office address, email address, and telephone number of the employee(s) designated as the district’s Title IX Coordinator. (California Education Code Section 234.6; 34 Code of Federal Regulations Section 106.8)
5. provided as part of any orientation program conducted for new and continuing students at the beginning of each quarter, semester, or summer session (California Education Code Section 231.5)
Resources
OFFICE FOR CIVIL RIGHTS
U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg.
400 Maryland Avenue, SW
Washington, DC 20202-1100
800-421-3481 Telephone
202-453-6012 FAX
OCR@ed.gov
You may email them at OCR@ed.gov, or fax it to them at (202 453-6012). If neither of these options are available to you, mail your correspondence to the address above. You may also contact them at 800-421-3481 or OCR@ed.gov to confirm receipt of your correspondence.
OFFICE FOR CIVIL RIGHTS
General
Main Page-Office for Civil Rights (OCR)
How to File a Discrimination Complaint with the OCR
OCR Complaint Forms
Sexual Harassment
Sexual Harassment Resources
Q & A – Title IX Regulations on Sexual Harassment Publication (July 2021)
Title IX Publications & Documents
Sex Discrimination-Frequently Asked Questions
Checklist for Addressing Harassment
Athletics
Requirements for Athletics Under Title IX
Athletics Policy Guidance
Pregnant and Parenting
Know Your Rights: Pregnant & Parenting?
Supporting the Academic Success of Pregnant & Parenting Students
Schools, Classes, Extracurricular Activities
Q & A Single-Sex Schools, Classes, and Extracurricular Activities
U.S. DEPARTMENT OF EDUCATION
Sex Discrimination Resources
Title IX Policy
Title IX Final Rule
Federal Register – Nondiscrimination on the Basis of Sex
How to Report Sexual Harassment – Video
CALIFORNIA DEPARTMENT OF EDUCATION (“CDE”)
Office of Equal Opportunity and Access
Uniform Complaint Procedures Legal Reference: California Code of Regulations, Title 5, Sections 4600 et. seq.
Resolution of Discrimination/Harassment Complaints
Resources for LGBTQIA+ Students
U.S. DEPARTMENT OF JUSTICE
OTHER RESOURCES
American Association of University Women
National Women’s Law Center
Women’s Sports Foundation
Title IX Contact
Title IX requires that each school district have at least one person designated as the Title IX Coordinator.
HTH K-12 Schools
Title IX Coordinator
Colleen Green
1420 W. San Marcos Blvd.
San Marcos, CA. 92087
Email: cgreen@hightechhigh.org
Phone: (760) 759-2705
Complaints may also be reported at school site with Directors, Deans, Athletics Directors, College Counselors, advisors or any trusted staff member.