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SEXUAL HARASSMENT

 What is Title IX?

Title IX of the Education Amendments of 1972 prohibits sex discrimination in education, including K-12 schools. Title IX is a federal law that promotes equity in education by ensuring that girls and women receive equal resources and treatment in the classroom and provides protections for students who are sexually harassed and discriminated against and/or bullied based on their gender.

In addition to this federal law, the California Education code similarly prohibits schools discriminating against its students on the basis of sex (Education Code sections 220-221.1).

Sexual harassment is also in violation of Folsom Cordova Unified School District board policies and administrative regulations. All forms of sexual harassment, whether student to student, staff to student, or student to staff, are prohibited at FCUSD schools.

 What is Sex-Based Discrimination?

Harassment and other discrimination on the basis of sex include, but are not limited to, the following prohibited 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.
  • 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:
    • 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 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.
  • 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.
  •  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.
  • 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.  (Education Code section 230)

Title IX Student Rights

You have the following rights under Title IX, to the extent applicable at the District:

  • You have the right to fair and equitable treatment and shall not be discriminated against based on your sex, sexual orientation, gender identity or gender expression.
  • You have the right to be provided with an equitable opportunity to participate in all extracurricular activities, including both academics and athletics, regardless of your sex, sexual orientation, gender identity or gender expression.
  • You have the right to inquire of the athletic director at your school or appropriate District personnel as to the athletic opportunities offered by the school.
  • You have the right to apply for athletic scholarships, if offered by the District.
  • You have the right to receive equitable treatment and benefits in the provision of all the following related to athletics, if any are provided by the District:
    • 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; and
    • Publicity
  • If you are pregnant or parenting, you have the same right as any other student to continue in your regular school and in any program for which you qualify.
  • You have the right to have access to a sex/gender equity coordinator, referred to as the Title IX coordinator, 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.  (California Education Code section 221.8.)

 Sexual Harassment Under Title IX

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

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:

    1. 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;
    2. 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, 
    3. “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:

    1. Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
    2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
    3. 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.
    4. 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.

How to File a Complaint

If you wish to submit a Complaint of Sexual Harassment to the District, please complete and sign the  Sexual Harassment Complaint Form and submit it to the appropriate Title IX Coordinator below:

Donald Ogden, Associate Superintendent, Human Resources, Title IX Coordinator (employees), and Equity Compliance Officer
dogden@fcusd.org
916- 294-9000 ext. 104410

Jim Huber, Ed. D., Assistant Superintendent, Educational Services, Title IX Coordinator (students), Section 504 Coordinator, and Equity Compliance Officer
jhuber@fcusd.org
916- 294-9000 ext. 104625

1965 Birkmont Drive
Rancho Cordova, CA 95742
916-294-9000
Fax: 916-294-9020

If you are unsure whether your complaint is a Complaint of Sexual Harassment, please file a General Complaint, and the District will determine whether it should be processed as a General Complaint, Complaint Against Employee, Sexual Harassment Complaint, Uniform Complaint, or Williams Complaint.General Complaint procedures/form

TITLE IX COMPLAINT PROCEDURES

STUDENTS

BP 5145.7 - English
BP 5145.7 - Spanish
BP 5145.7 - Russian
AR 5145.7 - English
AR 5145.7 - Spanish
AR 5145.7 - Russian
AR 5145.71

EMPLOYEES - Certificated
BP 4119.11
AR 4119.11
AR 4119.12

EMPLOYEES - Classified 
BP 4219.11
AR 4219.11
AR 4219.12 

EMPLOYEES - Management 
BP 4319.11
AR 4319.11
AR 4319.12 

Additional Information regarding Title IX and Sexual Harassment Complaints: