Sexual Harassment and Title IX

• You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
• You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
• You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
• You have the right to apply for athletic scholarships.
• You have the right to receive equitable treatment and benefits in the provision of all of the following:
  • 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.
  • Publicity.
• You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
• You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
• You have the right to file a confidential discrimination complaint with the United States Office of 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.
• 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.

California Education Code section 230 provides the legal definition of "Harassment and Other Discrimination on the Basis of Sex" as including but not being limited to the following 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 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, 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.
• 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.

CONTENT WARNING: The content below will discuss topics, occasionally with strong and specific language, that may evoke a strong emotional response.  Examples are included that some find triggering and all may find upsetting.  Please take care while reading on!

Title IX prohibits the following types of sex-discrimination:

• Hostile Environment Harassment:  Unwanted conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it limits a person’s ability to access their educational program and activity.
• Quid Pro Quo Harassment: A district employee, agent, or other individual authorized by the district to provide an aid, benefit, or service in the district's education program or activity conditioning the provision of district aid, benefit, or service on a student's participation in unwelcome sexual conduct.
• Sexual Assault: Any sexual act, including rape, sodomy, sexual assault with an object, incest, statutory rape, or fondling that occurs without the consent of the victim, including instances where the victim is incapable of giving consent due to age or mental or physical incapacity.
• Dating Violence: Violence committed by an individual who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
• Domestic Violence: Felony or misdemeanor crimes committed by an individual who is a current or former spouse or intimate partner of the Complainant; or who is cohabitating with or has cohabitated with the Complainant; or who shares a child in common with the Complainant; or who commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of the state of California.
• Stalking:  Engaging in a course of conduct on the basis of sex or gender that is directed at a specific individual and that would cause a reasonable individual to fear for their safety or the safety of others, or to suffer substantial emotional distress. 

SFUSD strongly encourages all students who have knowledge of sex discrimination or sexual harassment to report it to their school’s administration team.  You can make a report by speaking in person or in writing with an administrator at your school site or by contacting SFUSD’s Office of Equity. 

Once a report has been made, the following steps will be taken:

• The victim will be invited to speak with a school leader. During this conversation, the victim will have the opportunity to tell their story, learn about the Title IX grievance procedures, and discuss supportive measures. 
• The victim and the accused student(s) will receive a Notice of Allegations that explain what was reported and the steps the District will take to address the Complaint.
• The Complaint will be addressed by a formal investigation or an informal resolution, depending on the families’ preferences and the discretion of the District Title IX Coordinator. 
  • During a Formal Investigation, an investigator will interview students and gather evidence.  Then it will be determined if there is enough evidence to say if it is more likely than not that Title IX was violated.
  • During an Informal Resolution, an informal resolution facilitator will work with the students and families to determine what steps must be taken to address the concerns raised by the Complaint. 
• All families will receive a letter officially closing the Complaint.  School staff will monitor the situation to ensure it is adequately resolved.  Students will continue to have access to any supportive measures they need to fully participate in their education. 

Anyone who has knowledge of or who has experienced sexual harassment or sex discrimination is encouraged to report it.  Reports can be made orally or in writing to any District staff member, however the District strongly encourages you to make your reports to your school’s Administration team or to SFUSD’s Office of Equity.   

If you have been the victim of sexual harassment that is prohibited under Title IX, you may file a formal Title IX Complaint with the Office of Equity by email, mail, or in person. Formal Title IX Complaints may be submitted directly to the Office of Equity or to your site's Administration team. 

San Francisco Unified School District

Office of Equity

555 Franklin Street, 3rd Floor

Email: equity@sfusd.edu

Some Things to Know When Reporting:

• All school and District staff are mandated reporters.  This means that they are required by law to report abuse of a minor to Child Protective Services and, in some cases, the police.
• Parents must be notified when formal complaints are filed.
• Complainants (victims) cannot remain anonymous when a formal complaint is filed.  This is because of the legal requirements of due process, which ensures a fair investigation and outcome that respects the rights of all involved, including the accused student.
• All students are entitled to “Supportive Measures,” even if they have not filed a formal complaint.  Supportive Measures range from safety plans to mental health services to academic accommodations.
• Disciplinary action cannot take place unless and until an investigation has been finished and a decision has been determined.
• There is no statue of limitations for reporting sexual harassment or sex-based discrimination.  However, we encourage victims to report as soon as possible so we can offer immediate support and conduct the most effective investigation possible. 

For more information on the formal complaint procedure process, please see the District's Title IX Complaint Procedure Handout and Investigation Process Chart.

It is the policy of the State of California that all persons, regardless of their gender, should enjoy freedom from discrimination of any kind in the educational institution of the state. The laws found in the California Education Code 221.5-231.5 are collectively known as the Sex Equity in Education Act. These laws expand upon gender equity and Title IX laws which provide guidance to California’s education system. Each Local Educational Agency (LEA) will be responsible for following the laws in addition to Title IX requirements.

Visit the California Department of Education's website to learn more about the Department's Title IX and Gender Equity resources.