Title IX

What is Title IX?

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.

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).)

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 QR code.

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 Information for Students, Families & Staff

Student’s Rights Under Title IX

Students have the right to equal learning opportunities in their schools.
Students and employees may not be excluded from participation in, be denied the benefits of, or be subjected to harassment or other forms of discrimination on the basis of sex, sexual orientation, gender identity or gender expression in any program or activity.
Students may not be required to take and/or may not be denied enrollment in a course because of their sex, sexual orientation, gender identity or gender expression.
Students have the right to be evaluated and graded without regard to their sex, sexual orientation, gender identity or gender expression.
Students must be provided counseling and guidance that is not discriminatory.
Counselors may not urge students to enroll in particular classes or programs or activities based on sex, sexual orientation, gender identity or gender expression
Schools must offer female and male students equal opportunities to play sports.
Equipment and supplies, game and practice schedules, budgets, coaching travel allowances, facilities, publicity, support services and tutoring offered to teams are to be equivalent between male and female teams.
Pregnant and parenting students have the same right as any other student to continue in their regular school and in any program for which they qualify.
Students have the right to call the police.

What is Sexual Harassment?

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

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it denies a person equal access to the District’s education program or activity; or
An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct; or
Sexual assault, dating violence, domestic violence, or stalking, as defined in AR 5145.71.

Examples

Unwanted and inappropriate touching including grabbing, fondling, or massaging
Sexual jokes and/or gestures
Social media posts, comments, or messages that contain sexual content
Test messages that include sexual content, images, or pictures
Sexual violence and dating violence
Spreading sexual rumors
Stalking
Any other actions of sexual nature directed at you or someone else

FUSD strongly encourages all students who are victims or observers of harassment to make a report. Contact a teacher, campus safety assistant, vice principal, principal, or any trusted adult on campus. You can also call the Title IX office at 559-457-3850 or email at titleIX@fresnounified.org.

Complaints that, if true, would constitute sexual harassment under Title IX, may be filed via this QR code.