Title IX
Title IX and Non-discrimination
Title IX and Non-discrimination refer to federal and state anti-discrimination laws that ensure equality in education:
- 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.
All SPORTS are open to all students irrespective to sex. - 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.
- 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.
FAQ
Definition of Sexual Harassment
Sexual harassment includes the verbal, visual or physical conduct of a sexual nature which may have a negative impact upon the victim’s academic or work performance or creates an intimidating, hostile, or offensive educational/work environment.
Specific Examples of Sexual Harassment
Sexual harassment may include, but is not limited to:
- Unwelcome written, verbal, physical, and/or visual contact with sexual overtones such as slurs, jokes, touching, blocking movement, sexual cartoons or drawings, and obscene language.
- Continuing to express sexual interest after being informed that the interest is unwelcome.
- Sexting (sending sexually explicit photos or text), or electronic postings with sexual overtones on Instagram, Facebook, Twitter, YouTube, or other media.
Sexual Harassment by a Student: Action Steps for Victims and Witnesses
If a student or staff member is sexually harassed by a student, the victim may tell the student who has engaged in sexual harassment to stop, if the victim feels comfortable doing so. In addition, any student or school staff member who has been sexually harassed by a student and any student or staff member who has witnessed a student engaging in sexual harassment must report the incident immediately to any school staff member. All sexual harassment reports shall immediately be referred to a school administrator.
Consequences for Students Who Engage in Sexual Harassment
Consequences for a student who has engaged in sexual harassment can include any of the following actions depending upon the severity of the harassment and whether or not the student has previously engaged in serious misbehavior: Counseling, conferencing with the student and parent/guardian, a written apology, detention or in-school suspension, suspension, expulsion, and a police report.
Sexual Harassment by a Staff Member or Other Adult: Action Steps for Victims and Witnesses
Any student or school staff member who has been sexually harassed by a school staff member or any adult at school and any student or staff member who has witnessed an adult engaging in sexual harassment must report the incident immediately to a responsible adult (assistant principal or principal).
Sexual Harassment by a Staff Member or Other Adult: Action Steps for Victims and Witnesses
Any student or school staff member who has been sexually harassed by a school staff member or any adult at school and any student or staff member who has witnessed an adult engaging in sexual harassment must report the incident immediately to a responsible adult (assistant principal or principal).
Consequences for Adults Who Engage in Sexual Harassment
Consequences for a staff member who has engaged in sexual harassment can include personnel action including a verbal and written reprimand, a referral to counseling, reassignment, termination of employment, or other disciplinary action, a suspension or revocation of professional credentials, and a police report. In addition, an adult who engages in sexual harassment can face civil and criminal consequences.
Support for Victims of Sexual Harassment
Retaliation towards a student or staff member who reports that they have been sexually harassed is illegal. Reasonable efforts will be made to maintain the confidentiality of anyone who reports sexual harassment. Students who have been sexually harassed can get support from the school counselor and/or a school mental health provider. Staff members who have been sexually harassed can get support through EUSD’s Human Resources Department. Individuals who have been sexually harassed have a right to file a formal complaint with EUSD. Complaints can be filed with the school Principal or with the District’s Deputy Superintendent’s office (559) 592-9421.
Title IX/Sexual & Gender-based Harassment Resources
The Exeter Unified School District is committed to providing an educational environment free of unwelcome conduct of a sexual nature including sexual advances, requests for sexual favor, and other verbal or physical conduct or communications constituting sexual harassment, as defined and otherwise prohibited by state and federal law.
As provided for under Title IX, and other state and federal law, students/families have the right to file a formal complaint of sexual harassment or gender-based discrimination at school.
As provided for under Title IX, and other state and federal law, students/families have the right to file a formal complaint of sexual harassment or gender-based discrimination at school.
The Uniform Complaint Procedure Form is used to initiate the official process established for addressing such complaints.
Overview/Summary of Sexual Harassment Policy
Sexual harassment is against the law in all schools in California (Education Codes 200, 212.6, 48900.2) and in the United States (Title IX). Sexual harassment is also in violation of Exeter Unified School District Board policy. All forms of sexual harassment, whether student to student, staff to student, or student to staff, are unlawful at EUSD schools. (Note: Education Code 48900.2 does not apply to children in grades K – 3.)
Additional Grounds for Suspension and Expulsion
48900.3 – Students in grades 4-12 who have caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in subdivision (3) of Section 233.
212.5 Sexual Harassment
“Sexual Harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work of educational setting, under any of the following conditions:
- Submission to the conduct is explicitly or implicitly made a term or condition of an individual’s employment, academic status, or progress.
- Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting this individual.
- The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
- Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
48900.3 – Students in grades 4-12 who have caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in subdivision (3) of Section 233.
48900.4 – Students in grades 4-12 who have intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of that pupil or group of pupils by creating an intimidating or hostile educational environment.
Compliance Officer:
Deputy Superintendent Dr. Melanie Dorough, Ed.D
215 N. Crespi Ave
Exeter, CA 93221
559-592-9421
Title IX Support Tools
Additional Resources
Equal Rights Advocates
Feminist Majority Foundation
How to build trust with your children and talk about healthy and safe relationships
National Women’s Law Center
Office for Civil Rights
Title IX
Cyber-safety
Feminist Majority Foundation
How to build trust with your children and talk about healthy and safe relationships
National Women’s Law Center
Office for Civil Rights
Title IX
Cyber-safety