Information
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 of the Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.) and related regulations (34 C.F.R. Part 106)
Title IX is a federal law passed in 1972 to ensure students and employees in educational settings are treated equally and fairly, with a right to learn and work in an environment that is free from unlawful discrimination. It prohibits discrimination, harassment, exclusion, denial, limitation or separation on the basis or actual or perceived sex, sexual orientation, gender, or gender identity or expression. It applies to both male and female students in any educational institution receiving federal funding.
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; employment; and retaliation. A list of rights can be accessed through Article 4. Sex and Equity in Education Act [221.8].
Title IX of the Education Amendments of 1972 is one of several federal and state anti-discrimination laws that ensure equality in education. New Title IX regulations were recently adopted by the Federal Government which specifically focus on how school districts investigate sexual harassment.
Title IX requires that each school district have at least one person designated as the Title IX Coordinator to whom concerns or complaints regarding sex discrimination can be made.
Fresno Unified School District Title IX Coordinator
David Chavez
Chief, Human Resources/Labor Relations
2309 Tulare Street
Fresno, CA 93721
TitleIX@fresnounified.org
(559) 457-3548 Telephone
(559) 457-3601 Fax
Title IX Complaint Process
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 or rate, individuals may also file a report with the local police department. A person may pursue one or all of the avenues at the same time.
District Complaint
Students or parents/guardians should report their verbal or written Title IX complaint to the school administrator to be forwarded to the District’s Title IX Coordinator, or directly to the District’s Title IX Coordinator. Employees shall report a Title IX complaint directly to or forwarded to the District’s Title IX Coordinator. Complainants have a right to a timely resolution of their complaints. The complaint procedures described in Fresno Unified Administrative Regulation (AR) 4119.12, 4219.12, 4319.12 shall be used to address any complaint governed by Title IX of the Education Amendments of 1972 alleging that a District student or employee was subjected to one or more forms of sexual harassment (34 CFR 106.30).
Complaints that, if true, would constitute sexual harassment under Title IX, may be filed via this form.
If the complainant attempts to address concerns at the school site or local District and is dissatisfied, the complainant may also file a written Uniform Complaint Procedures (UCP) complaint directly with the Title 5 Compliance Officer with the Constituent Services Office. See Uniform complaint forms Uniform Complaint Forms. This will begin the investigation process under UCP which must be completed within 60 days. The UCP process requires that a complaint be filed within 6 months of the date the complainant became aware of the alleged violation. If more than 6 months have passed, the complainant may file a UCP and request an extension of the timeline, which must be approved by either the District Coordinator or Superintendent. An appeal of the Educational Equity Compliance Office’s findings may be made to the California Department of Education Office of Educational Equity.
OCR Complaint
To file a Title IX complaint, you can go to the following OCR Website which will guide you through the complaint filing.
OCR requires that the complaint be filed within 180 calendar days after the alleged violation. As set forth in OCR’s complaint form, the reporter can request a waiver of this requirement by explaining why the complaint was delayed. Please contact OCR, or visit the website above if you have any questions or concerns about this time requirement.
Title IX Training
Training for Title IX Team Members:
Multiple training opportunities on the topic of Title IX were completed by various team members.
| Training Title | Training Provided by | Training Location | Date(s) Attended | Training Attended by | Training Materials |
|---|---|---|---|---|---|
| The New Title IX Team and Process for K-12 Districts | AALRR | Virtual | 5/18/2021 | Title IX Coordinator, Identified Staff | |
| Title IX Compliance Training | AALRR | Virtual | 5/24/2021 | Title IX Coordinator, Identified Staff | |
| Title IX Compliance Training | AALRR | Virtual | 6/17/2021 | Principals & Vice Principals | |
| Title IX Coordinator Level One: Foundations Training | ATIXA | Virtual | 7/6/2022-7/7/2022 | Title IX Coordinator and Identified Staff | Coordinator One PPTX |
| Title IX Coordinator Training | AALRR | Virtual | 6/30/2022 | Title IX Coordinator | 6-30-2022 FUSD PPT Handout Title IX for Principals |
| Title IX Compliance and Athletics | ATIXA | Virtual | 8/3/2022 | Title IX Athletics Coordinator and Identified Staff | Athletics Full Page Slides NFHS Title IX Training |
| Title IX Compliance Training | AALRR | Virtual | 9/19/2022 | Principals & Vice Principals | Title IX Slides for Site Administrators (PDF Version) |
| Title IX Compliance Training | AALRR | Virtual | 9/26/2022 | Principals & Vice Principals | Title IX Slides for Site Administrators (PDF Version) |
| Title IX Investigator Training for K-12 Districts and COEs | AALRR | Fresno Unified | 9/30/2022 | Title IX Coordinator, Identified Staff | 9-30-2022 FUSD Session 1 Title IX Investigator Handout with Notes |
| Title IX Decision Maker One Training | AALRR | Fresno Unified | 10/12/2022 | Title IX Coordinator, Identified Staff | 10-12-2022 FUSD Session 1 Title IX Decision Maker 10-12-2022 FUSD Session 2 Title IX Decision Maker |
Definition of Sexual Harassment
The Title 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 a district aid, benefit, or service on the student’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 student equal access to the district’s education program or activity
- Sexual assault, dating violence, domestic violence, or stalking defined as follows:
- Forcible sexual assault includes any sexual act directed against a student, forcibly, against the student’s will, or without consent, including rape, sodomy, sexual assault with an object, and fondling. (See 20 USC 1092(f)(6)(A)(v).)
- Non-forcible sexual assault includes offenses that do not involve force where the student is incapable of giving consent, including statutory rape and incest. (See 20 USC1092(f)(6)(A)(v).)
- Dating violence includes violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the student, where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship and/or the frequency of interaction between the persons involved in the relationship. (See 34 USC 12291(a)(10).)
- Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the student. (See 34 USC 12291(a)(8).)
- Stalking which includes engaging in a course of conduct directed at a student that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. (See 34 USC 12291(a)(30).)
Resources
- Federal Register: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
- 34 CFR 106.8 – Designation of coordinator, dissemination of policy, and adoption of grievance procedures. (govregs.com)
- Title IX Compliance | Fresno Unified Athletics
- Parent Notification and Family Engagement | Fresno Unified School District
Title IX Sexual Harassment Complaint Procedures
- Students: AR 5145.71 Title IX Sexual Harassment Complaint Procedures
- Employees: AR 4119.12 Title IX Sexual Harassment Complaint Procedures
Non-Discrimination in Employment
- Revision Update coming BP 4030 Nondiscrimination In Employment
- Revision Update coming AR 4030 Nondiscrimination In Employment
Sexual Harassment
- Revision Update coming BP 4119.11 Sexual Harassment
- Revision Update coming AR 4119.11 Sexual Harassment
- BP 5145.7 Sexual Harassment
- AR 5145.7 AR Sexual Harassment