Sexual Harassment and Gender Discrimination (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.

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!

There are many reasonable definitions for sexual harassment, but all of them focus on unwanted behavior of a sexual nature.  For schools, Title IX provides a specific definition that the District must following when determining if Sexual Harassment has occurred in such a way that can be addressed through Title IX policies.  

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

1. Quid Pro Quo: A District employee conditioning the provision of an aid, benefit, or service of the District on a student or individual's participation in unwelcome sexual conduct;

2. Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or activity; or
    
3. Sexual Assault: Defined as rape; fondling with the intent for sexual gratification; incest; dating violence; domestic violence; and/or stalking behavior that includes a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety.  

Not all unwanted behavior of a sexual nature is covered by Title IX.  Some behavior may be covered instead by SFUSD’s Bullying & Harassment policies or by the District’s Code of Conduct.  All unwanted behavior can and shall be addressed in accordance with the appropriate policy and set of procedures.  See some examples below:

SFUSD strongly encourages all students who are victims or observers of harassment to make a report.  You can make a report by speaking in person or in writing with an administrator at your school site or by filing a report directly with the Office of Equity.  

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

1. The victim will be invited to speak with a school or District leader.  During this conversation, they will have the opportunity to tell their story, learn about the formal Title IX complaint process, request supportive measures, and decide if they want to move forward with the formal process.  Students will not be forced to move forward with the process unless their parent/guardian overrules them or, in rare circumstances, the District believes that the immediate safety of students is in danger. 
2. The complaint will be reviewed carefully by the Office of Equity, who will determine which policy is most appropriate: Title IX/Sexual Harassment, Bullying & Harassment, or Code of Conduct.  If the reported incident does not meet the criteria for Title IX, it will be referred back to the school site for investigation, support, and discipline under the appropriate policy. 
3. Complaints that fall under Title IX will be investigated by the Office of Equity.  The investigation will include opportunities for all involved parties to provide statements and evidence.  School records will be reviewed and school staff may be interviewed.  All parties will have opportunities to review and comment on the evidence.  Every effort will be made to ensure this process is fair, timely, and supportive to all involved.  
4. A District Decision-Maker will review the Investigation Report and determine if a policy has been violated and what remedies should be put in place, including disciplinary action.  A formal letter will be sent to all parties explaining the decision and the rationale.  

A student or their parent/guardian may submit a Title IX Formal Complaint Form via mail or email to:

San Francisco Unified School District

Office of Equity

555 Franklin Street, 3rd Floor

Email: equity@sfusd.edu

If you have questions about the reporting process, please email the District Title IX Coordinator Eva Kellogg at kellogge@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.  

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

The SFUSD Title IX Student Advisory Group (SAG) is a formal way for students to engage in collaboration with District leaders around all issues related to sexual harassment and assault.  Students who participate in SAG will provide essential input and feedback that will help shape the policies and practices of the future.  Additionally, participation in SAG will equip students to be ambassadors on their campuses for developing a shared understanding of the issues that are important to them.

Learn More about the 22-23 Title IX Student Advisory Group

Submit an application now (due 9/1/22)