Sex Equity in Education Act

What is Title IX?

Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is a federal law that states: “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.” Title IX prohibits sex discrimination in education, including K-12 schools. Title IX has been used to promote equity in education by ensuring equal resources and treatment in education and school-related athletic and extracurricular activities, providing protections and for pregnant and parenting students, and prohibiting sex based harassment, discrimination, and bullying. In addition to this federal law, California Education law also prohibits schools from discriminating against students on the basis of sex (Education Code sections 220-221.1).Title IX

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 found in the California Education Code 221.5-231.5 are collectively known as the Sex Equity in Education Act. These laws expand upon gender equity and Title IX laws which 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.

Summary of Student Rights (Education Code Section 221.8) a. You have the right to fair and equitable treatment and to be free from discrimination based on your sex.

b. You have the right to 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 the following: i. Equipment and supplies

ii. Scheduling of games and practices

iii. Transportation and daily allowances

iv. Access to tutoring

v. Coaching

vi. Locker Rooms

vii. Practice and competitive facilities

viii. Medical and training facilities and services

ix. 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.

The District's Responsibilities

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in programs and activities of federally funded institutions. School districts 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.

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.

A. District Complaint

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

Time Requirement

A complaint with the District must be filed within six months of the discrimination occurring or your awareness of the discrimination (5 CCR 4630(b).

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 all complaints 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 sexual violence and remedy discriminatory effects on the complainant and others, as appropriate.

B. OCR Complaint

OCR provides an online complaint filing system at https://ocrcas.ed.gov

OCR can also be contacted through 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

Email: ocr.sanfrancisco@ed.gov

Time Requirement:

OCR requires that the complaint be filed within 180 days of the discrimination. Please contact OCR, or visit the website above, if you have any questions or concerns about this time requirement.

Investigation Procedure:

For information regarding OCR’s investigation process, please see: https://www2.ed.gov/about/offices/list/ocr/complaints-how.html

C. Police Report

To file a police report, please contact local law enforcement at:

San Diego County Sheriffs Department

John F. Duffy Administrative Center 9621

Ridgehaven Ct. San Diego, CA 92123

Contact the Title IX Coordinator
Bill Billingsley |Associate Superintendent of Human Resources

bbillingsley@fuesd.org  | (760) 731-5405

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