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Title IX - Sex Based Nondiscrimination and Uniform Complaint Procedures

Non-Discrimination Statement
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East Side Union High School District prohibits discrimination, harassment (including sexual harassment), intimidation and bullying in educational programs, activities, or employment on the basis of actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, immigration status, nationality, race or ethnicity, religion, sex, sexual orientation, parental, pregnancy, family or marital status, or association with a person or a group with one or more of these actual or perceived characteristics.  East Side Union High School District requires that school personnel take immediate steps to intervene when safe to do so when he or she witnesses an act of discrimination, harassment, intimidation, or bullying.
Questions or complaints of alleged discrimination, harassment, intimidation, and bullying or Title IX equity and compliance concerns should be directed to:
Clezel Sewell, Director of Equity and Compliance & Title IX Coordinator
(408) 347-5258
830 N. Capitol Avenue, San Jose, CA  95133
Uniform Complaint Procedures Compliance Officer
Dr. Clara Fernandez, Director of Employee Relations
(408) 347-5173
830 N. Capitol Avenue, San Jose, CA  95133
Section 504 Coordinator
Martha Guerrero, Director of Instructional Services
(408) 347-5060
830 N. Capitol Avenue, San Jose, CA  95133

Policy on Nondiscrimination in Employment
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The Governing Board is determined to provide a safe, positive environment where all district employees are assured of full and equal employment access and opportunities, protection from harassment and intimidation, and freedom from any fear of reprisal or retribution for asserting their employment rights in accordance with law. For purposes of this policy, employees include job applicants, interns, volunteers, and persons who contracted with the district to provide services, as applicable.
No district employee shall be discriminated against or harassed by any coworker, supervisor, manager, or other person with whom the employee comes in contact in the course of employment, on the basis of the employee’s actual or perceived race, religious creed, color, national origin, ancestry, age, marital status, pregnancy, physical or mental disability, medical condition, genetic information, military and veteran status, gender, gender identity, gender expression, sex, or sexual orientation, or his/her association with a person or group with one or more of these actual or perceived characteristics.
The district shall not inquire into any employee's immigration status nor discriminate against an employee on the basis of immigration status, unless there is clear and convincing evidence that it is necessary to comply with federal immigration law.

Summary of Student Rights (Ed Code section 221.8)
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All Rights under Sex Equity in Education Act, Education Code 221.8:
(a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
(b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
(c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
(d) You have the right to apply for athletic scholarships.
(e) You have the right to receive equitable treatment and benefits in the provision of all of the following:
(1) Equipment and supplies
(2) Scheduling of games and practices
(3) Transportation and daily allowances
(4) Access to tutoring
(5) Coaching
(6) Locker rooms
(7) Practice and competitive facilities
(8) Medical and training facilities and services
(9) Publicity
(f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
(g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
(h) 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.
(i) You have the right to pursue civil remedies if you have been discriminated against.
(j) You have the right to be protected against retaliation if you file a discrimination complaint.

Definition of Sexual Harassment
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Federal Law
Under federal law, “Sexual Harassment” is defined as conduct, on the basis of sex, that satisfies one or more of the following (34 C.F.R. § 106.30):
  • A District employee conditioning the provision of an aid, benefit, or service of the District on the employee’s participation in unwelcome sexual conduct;
  • Unwelcome conduct determined by a reasonable individual to be so severe, pervasive, and objectively offensive that it effectively denies the employee equal access to the terms and/or conditions of employment; or
  • “Sexual assault” as defined in United States Code, title 20, section 1092(f)(6)(A)(v), “dating violence” as defined in United States Code, title 34, section 12291(a)(10), “domestic violence” as defined in United States Code, title 34, section 12291(a)(8), or “stalking” as defined in United States Code, title 34, section 12291(a)(30).
    • “Sexual assault” means actual or intentional physical sexual acts against an individual without consent that may include: rape, rape and seduction, sodomy, lewd and lascivious acts, oral copulation, sexual penetration, sexual battery, and sexual assault, as defined under Education Code section 48900(n) and Penal Code sections 261, 266c, 286, 288, 288a, 289 and 243.4.
    • “Dating violence” means violence committed by an individual who is or has been in a social relationship of a romantic or intimate nature with the victim (34 U.S.C. § 12291(a)(10)).
    • “Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by an individual with whom the victim shares a child in common, by an individual who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by an individual similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other individual against an adult or youth victim who is protected from that individual's acts under the domestic or family violence laws (Ed. Code § 48900, subd. (n)).
    • “Stalking” means engaging in a course of conduct directed at a specific individual that would cause a reasonable individual to: (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress (34 U.S.C. § 12291(a)(30)).
    • “Without consent” or “against that individual’s will” may include force, duress, violence, fear of immediate harm, or an individual’s inability to consent.
California Law
Under California law, “Sexual Harassment” is defined as any unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome verbal, visual, or physical conduct of a sexual nature, whether it occurs between individuals of the same sex or individuals of opposite sex, under any of the following conditions (Ed. Code § 212.5; 5 C.C.R. § 4916; Gov. Code § 12940; 2 C.C.R. §§ 11029-11034):
  • Submission to the conduct is explicitly or implicitly made a term or a condition of the employee's employment;
  • Submission to, or rejection of, the conduct by the employee is used as the basis of an employment decision affecting the employee;
  • The conduct has the purpose or effect of having a negative impact upon the employee’s work, or progress, or has the purpose or effect of creating an intimidating, hostile, or offensive working environment.  The conduct is sufficiently severe, persistent, pervasive or objectively offensive, so as to create a hostile or abusive working environment or to limit the employee's ability to participate in or benefit from the terms or conditions of the employee’s employment; or
  • Submission to, or rejection of, the conduct by the employee is used as the basis for any decision affecting the employee regarding benefits and services, honors, programs, or activities available at or through the District.
Examples of conduct that might constitute sexual harassment under California law include, but are not limited to:
  • Unwelcome verbal conduct such as sexual flirtations or propositions; graphic comments about an individual’s body; overly familiar conversations; pressure for sexual activity; sexual jokes or stories; unwelcome sexual slurs, epithets, threats, or innuendoes; derogatory comments; sexually degrading descriptions; and/or the spreading of sexual rumors;
  • Unwelcome visual conduct such as drawings, pictures, graffiti, or gestures; sexually explicit e-mails; and/or displaying sexually suggestive objects; or
  • Unwelcome physical conduct such as massaging, grabbing, fondling, stroking, or brushing the body; touching an individual’s body or clothes in an overly familiar or sexual way; and/or cornering, blocking, leaning over, or impeding normal movements.
It is impossible to define every action or all words that could be interpreted as sexual harassment.  These examples listed above are not meant to be a complete list of prohibited behavior.

Title IX Sexual Harassment Complaints Procedures
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How do I file a Title IX Complaint?
Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et. seq. (Title IX) prohibits discrimination on the basis of sex in educational programs and activities that receive or benefit from Federal financial assistance. Generally, a school district may not excuse, deny or provide different or lesser services to applicants or beneficiaries on the basis of sex. Sex discrimination includes a hostile environment created by sexual harassment or sexual violence in the educational setting.   
Students, staff, community members, and guests of East Side Union High School District have the right to be free from all forms of sex/gender harassment, discrimination and misconduct, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence and stalking. All members of the district including community members and guests are expected to conduct themselves in a manner that does not infringe upon the rights of others. When misconduct is brought to an appropriate administrator’s attention, protective and other remedial measures will be used to reasonable ensure that such conduct ends immediately, is not repeated, and effects on the victim and community are remedied including serious sanctions when a responding party is found to have violated policies. 
Title IX complaints may be pursued in several ways:
  1. Report an incident to a school district employee, site principal, or Title IX Coordinator          
  2. Send an email to 
Complaints do not have to be completed on a formal complaint form. You may send a complaint via email or letter to the District office.
Title IX Complaints follow the Uniform Complaint Procedures, District’s Administrative Regulation 1312.3 – Uniform Complaint Procedures and uses the preponderance of evidence as a standard for proof of whether a violation has occurred. 
Title IX regulations AR 5145.71 require the following initial steps for sexual harassment complaints:
  1. Upon receiving a report of sexual harassment, the Title IX Coordinator informs the complainant of the process for filing a formal complaint.
  2. Title IX Coordinator offers interim supportive measures to the complainant such as counseling, course-related adjustments, modification of class schedules, etc. pending completion of the investigation.
If a formal complaint has been filed, the Title IX Coordinator shall provide the known parties with written notice of the following:
  1. The District’s complaint process
b.  The allegations potentially constituting sexual harassment with sufficient details known at the time, including the identity of parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident if known. Such notice shall be provided with sufficient time for the parties to prepare a response before any initial interview. If, during the course of the investigation, the district investigates allegations about the complainant or respondent that are not included in the initial notice, the Title IX Coordinator shall provide notice of the additional allegations to the parties.
c.  A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the complaint process.
d.  The opportunity for the parties to have an advisor of their choice who may be, but is not required to be, an attorney, and the ability to inspect and review evidence.
e.  The prohibition against knowingly making false statements or knowingly submitting false information during the complaint process.
These are just the initial steps and there are no timelines for these. Following these steps, the investigator interviews witnesses and creates a report summarizing relevant evidence but does not include a decision. At least 10 days prior to making a determination/decision, the District must send the investigator’s report to both parties and their advisors for their review and response.
After sending the investigative report to the parties and before reaching a determination regarding responsibility, the District must afford each party the opportunity to submit written, relevant questions that the party wants asked of any party or witness. The District must provide each party with the answers, and allow for additional, limited follow-up questions from each party.
The Decision Maker shall issue and simultaneously provide to both parties a written decision. The written decision shall be issued within 45 calendar days of the receipt of the complaint. The timeline may be temporarily extended for good cause with written notice to the complainant and respondent of the extension and the reasons for the action.
Individuals experiencing harassment or discrimination always have the right to file a formal grievance with government authorities.

Uniform Complaint Procedures
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When a concern arises, based on the situation, different complaint procedures are followed. Appropriate personnel will investigate the complaint and work to resolve the issue in a timely manner. If the person making the complaint is not satisfied with the initial resolution to the complaint, he/she can appeal to the Superintendent.

Uniform Complaint Procedures Filing and Form
This form is used when a complaint is lodged against the following programs: Adult Basic Education, Consolidated Categorical Aid Programs (such as Chapter 1, Bilingual), Migrant Education, Vocational Education, Child Care and Development, Child Nutrition Services, and Special Education. 
Uniform Complaint Procedures Compliance Officer
Dr. Clara Fernandez, Director of Employee Relations
(408) 347-5173
830 N. Capitol Avenue, San Jose, CA  95133
Uniform Complaint Procedures and Form for Williams Settlement Complaints (EC 35186)
This form is used when a complaint is lodged concerning the following areas: textbooks and instructional materials, facility conditions, teacher vacancy or misassignment.
Spanish/Espanol Form
Public Complaint Procedures Filing and Form
This form is used when a member of the public is filing a formal complaint against a district employee. Contact the Principal at your student's school or the Director of Equity, Diversity, and Inclusion.

Boy Scouts of America Equal Access Act
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Under the Boy Scouts Act, no such public school, LEA or SEA that provides an opportunity for one or more outside youth or community groups to meet on school premises or in school facilities shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code as a patriotic society, that wishes to meet at the school.
Youth Group: any group or organization intended to server young people under the age of 21.
Complaints alleging violations of this law may be filed by contacting the OCR office with authority to handle complaints where the institution or entity you are complaining about is located.

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  • Title IX and the New Regulations
  • The Roles and Responsibilities of District Administrators and Employees
  • 12 Steps for an Effective Title IX Investigation