Title IX of the Education Acts of 1972 prohibits sex discrimination in the following areas:
SEX-BASED HARASSMENT/SEXUAL HARASSMENT (INCLUDING SEXUAL VIOLENCE)
- unwelcome conduct of a sexual nature
- sexual violence
- gender-based harassment
RECRUITMENT, ADMISSIONS, AND COUNSELING
- recruitment materials, admission forms, class or career selection materials, admission of students
- counseling services, brochures, materials
- procedures and practices for awarding financial assistance to students
- requires nondiscriminatory participation based on student interests and abilities
- equal opportunities (equipment, supplies, training facilities, recruitment, support services, etc.)
- financial assistance
MARITAL OR FAMILY STATUS, PREGNANT OR PARENTING STUDENTS
- different treatment on the basis of sex based on parental, family, or marital status
- exclusion in educational programs, or activities based on pregnancy, childbirth, false pregnancy
- lactating students must be provided reasonable accommodations
- imposing consequences based on sex, gender identity, failing to conform to stereotypical binary expectations, etc.
SCHOOLS, CLASSES, AND EXTRACURRICULAR ACTIVITIES
- providing education programs or activities separately on the basis of sex
- requiring or refusing participation by students on the basis of sex
- NOTE: The following are exceptions:
- contact sports in physical education
- classes or portions of classes…that deal primarily with human sexuality
- non-vocational classes and extracurricular activities within a coeducational…school if certain criteria are met.
- employment, recruitment, hiring, promotion, compensation, grants of leave, benefits consideration or selection for employment based on pregnancy or marital status
- against anyone who has reported, investigated, filed a complaint under Title IX
YOUR RIGHTS UNDER TITLE IX
Pursuant to Education Code 221.8m you have the right to:
- fair and equitable treatment and you shall not be discriminated against based on your sex.
- be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
- inquire of the athletic director or your school as to the athletic opportunities offered by the school.
- apply for athletic scholarships.
- receive equitable treatment and benefits in the provision of all of the following:
- equipment and supplies
- scheduling of games and practices
- transportation and allowances
- access to tutoring
- locker rooms
- practice and competitive facilities
- medical and training facilities and services
- have access to gender equity coordinator to answer questions regarding equity
- contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
- file a confidential discrimination complaint with the United States Office for 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.
- pursue remedies if you have been discriminated against.
- protected against retaliation if you file a discrimination complaint.
NOTICE OF STUDENT NONDISCRIMINATION/NOTICE OF NONDISCRIMINATION
Santa Barbara Unified School District is committed to making the schools free from unlawful discrimination and providing equal opportunities for all individuals in education. The district prohibits discriminatory practices whose purpose or effect has a negative impact on the student’s academic performance, or of creating an intimidating, hostile or offensive educational environment. The district promotes programs that ensure that discriminatory practices are eliminated in all district activities. Any student who engages in discrimination of another student or anyone from the district may be subject to disciplinary action up to and including expulsion.
Any employee who permits or engages in discrimination may be subject to disciplinary action up to and including dismissal. A student or parent/guardian who believes that discrimination has occurred may contact the principal for immediate resolution at the site. A student or parent/guardian is not required to attempt resolution through the school site before contacting the District Title IX Coordinator.
FILING A REPORT OR INFORMAL COMPLAINT OF DISCRIMINATION, HARASSMENT, INTIMIDATION, OR BULLYING BASED ON SEX
The district believes discrimination, harassment, intimidation and bullying issues may be resolved at the school site. As such, students, parents, or guardians may report any act of discrimination, harassment, intimidation or bullying based on sex (in any area covered by Title IX, including sexual harassment) by a student, staff member or third party directly to the school site’s principal for immediate resolution at the school site.
- Investigation of Reports or Informal Complaints: The responsible school official will conduct a prompt, thorough and impartial investigation into the complaint which will include, but is not limited to, interviewing the accuser and the accused, asking each to provide names of witnesses, interviewing potential witnesses, and gathering relevant evidence. When sex-based discrimination, harassment, intimidation, and bullying is reported, interim steps will be taken to stop harassment and protect the accuser from further harassment pending outcome of the investigation and/or complaint. A thorough investigation is required to protect the accuser, afford due process to the accused, and to ensure resolution of the issue(s). A student, or parent or guardian, is not required to attempt resolution through the school site before contacting the District Title IX Coordinator.
At any time during the process students, parents, or guardians, may contact the Title IX Coordinator to report or file an informal complaint directly with the district.
FILING A FORMAL OR UNIFORM COMPLAINT
Pursuant to Administrative Regulation 1312.3 at any time during the site resolution process students, parents, or guardians may file a Uniform Complaint. The complaint must be in writing and state that it is a formal complaint or a Uniform Complaint. Uniform Complaint Forms may be obtained from the Office of Student Services.
The Uniform Complaint may be mailed to or filed at:
Office of Student Services
Santa Barbara Unified School District
720 Santa Barbara Street
Santa Barbara, CA 93101
- Statute of Limitations – Uniform complaints alleging discrimination, harassment, intimidation and bullying based on sex (including sexual harassment and sexual violence) must be filed no later than six months from the date the complainant first obtained knowledge of the facts of the alleged sexual harassment. The six-month period may be extended for good cause, not to exceed an additional 90 days.
- Investigation of Uniform Complaints – The district will undertake an effective, thorough, and objective investigation of the allegations and provide a written report within 60 days of the date receipt of the Uniform Complaint. The report will include a summary of the facts, a decision on the complaint, reason for the decision and corrective actions (if applicable) that have or will be taken, including remedies for the victim. The complainant has the right to present witnesses and evidence.
- Action – If the district determines that its policies prohibiting discrimination, harassment, intimidation or bullying based on sex have been violated, disciplinary action, up to and including expulsion (for students) or dismissal (for employees) will be taken. Remedial actions which are designed to end the harassment, prevent its recurrence and address its effects on the harassed student, will be provided to the victim. Remedial action(s) will also be required of the school site.
- Retaliation – The district prohibits retaliation against any participant in the complaint process including witnesses. A separate Uniform Complaint may be filed if retaliation occurs against any individual involved in the processing of discrimination, harassment, or bullying complaint. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned. Follow up with the student will occur to ensure the harassment has stopped and that there is no retaliation.
A student or parent/guardian is not required to attempt resolution through the school site before contacting the District Title IX Coordinator and/or filing a formal Uniform Complaint.
OFFICE FOR CIVIL RIGHTS
CALIFORNIA DEPARTMENT OF EDUCATION
Staff Inquiries: John Becchio
Student Inquiries: Frann Wageneck