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TITLE IX - DEFINITION
Title IX is a federal law that was 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 identify, 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."
Title IX requires that each school district have at least one person designated as the Title IX Coordinator.
As per Education Code 230, 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.)
TITLE IX - RIGHTS & RESPONSIBILITIES
The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to:
TITLE IX - FILING A TITLE IX COMPLAINT
Please utilize the current Uniform Complaint process according to Capistrano Unified School District's Board Policy 1312.3 and accompanying Administrative Regulation for all discrimination complaints, including Title IX concerns. The District is in the process of revising these in accordance with the 2020 changes.
How to File a Complaint with the Capistrano Unified School District:
- Utilize the Uniform Complaint Procedures: English | Spanish
- Complete the Uniform Complaint Form: English | Spanish
- Send or deliver to the office of Rich Montgomery, Assistant Superintendent, Human Resource Services | Phone: (949.234.9200) | Email: firstname.lastname@example.org
How to File a Complaint with the Office of Civil Rights:
TITLE IX – STATUTE OF LIMITATIONS
A complaint alleging unlawful discrimination, harassment, intimidation, or bullying, or retaliation for making or participating in a complaint under this policy, must be filed not later than six months from the date of the alleged unlawful act(s), or six months from the date the complainant first obtains knowledge of the facts of the alleged unlawful act(s). The filing time may be extended for up to 90 days by the Superintendent or designee for good cause on written request by the complainant setting forth the reasons for the extension.
TITLE IX – INVESTIGATIVE PROCESS
The compliance officer may designate an outside investigator, as appropriate, to investigate a complaint. The investigator shall be knowledgeable about the laws and programs he or she is assigned to investigate.
In the discretion of the compliance officer/designee, and with the consent of the parties, the compliance officer/designee may undertake a resolution of the dispute via mediation. This step is optional.
The compliance officer/designee shall hold investigative meetings promptly upon receipt of the complaint. Complainant and/or complainant’s representatives and the District representatives shall have the opportunity to present any evidence or relevant information.
To ensure that all pertinent facts are discovered, the compliance officer/designee may conduct interviews with other individuals or request others to provide additional information and evidence.
Complainants are advised that while the District will make an effort to protect their privacy and confidentiality, investigation of their complaints may require disclosure of certain information to others. By filing a complaint, a complainant authorizes the District to investigate and make disclosures as may be reasonably necessary to the investigation and resolution of the complaint.
As appropriate for any complaint alleging discrimination, harassment, intimidation, or bullying, the Superintendent or designee may keep the identity of a complainant confidential to the extent doing so does not obstruct the investigation of the complaint.
Complainants, witnesses, and all other participants are protected by law from retaliation for their participation in the complaint investigation process.
A complainant’s refusal to provide the compliance officer with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or engagement in any other obstruction of the investigation may result in the dismissal of the complaint based on a lack of evidence to support the allegation(s).
In accordance with law, the District shall provide the investigator with access to records and other information related to the allegation(s) in the complaint and shall not obstruct the investigation. Failure or refusal of the District to cooperate in the investigation may result in a finding based on evidence collected that a violation has occurred and in the imposition of a remedy in favor of the complainant.