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Title IX – Sex-Based Discrimination is Prohibited
 
What is Title IX?
Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits sex- based discrimination in all educational programs and activities, including athletic programs.  No  person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or  be subjected to discrimination under any educational program or activity operated by the District.  Title IX protects all participants in the District’s educational programs and activities, including  students, parents, employees, and job applicants.  The District does not discriminate on the basis  of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.

In addition to Title IX, the California Education Code prohibits discrimination on the basis of sex  in schools. (California Education Code §§ 220-221.1.)  Other state and federal laws also prohibit  discrimination and ensure equality in education.  Please refer to Board Policies (0410 –  Nondiscrimination In District Programs And Activities, 1312.3 – Uniform Complaint Procedures,  5145.3 – Nondiscrimination/Harassment, and 5145.7 – Sexual Harassment) and Administrative  Regulations (1312.3 – Uniform Complaint Procedures, 5145.3 – Nondiscrimination/Harassment, and 5145.7 – Sexual Harassment) for more information on the District’s anti-discrimination policies.

Title IX information provided here applies to every school site and to all District programs and  activities.

What are my rights under Title IX?
You have the following rights under Title IX, to the extent applicable at the District:
• 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 or appropriate District  personnel as to the athletic opportunities offered by the school.
• You have the right to apply for athletic scholarships if the District offers any.
• You have the right to receive equitable treatment and benefits in the provision of all of the  following related to athletics, if any are provided by the District:
             ✓      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; and
             ✓     Publicity.
• You have the right to have access to a sex/gender equity coordinator, referred to as the Title IX  Coordinator, to answer questions regarding sex/gender equity laws.
• You have the right to contact the State Department of Education and the California  Interscholastic Federation to access information on sex/gender equity laws.
• You have the right to file a confidential discrimination complaint with the United States  Department of Education Office for Civil Rights or the California 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 § 221.8.)

The District has a responsibility to respond promptly and effectively to sex-based discrimination,  including sexual harassment and sexual violence. If the District knows or reasonably should know  about sex discrimination, it must take action to eliminate the sex discrimination, prevent its  recurrence, and address its effects. The District must resolve complaints of sex discrimination  promptly and equitably. Information on filing a complaint alleging sex-based discrimination is  below, including contact information for the District’s Title IX Coordinator.

Learn more about your rights under Title IX:
Visit the website of the United States Department of Education Office for Civil Rights here, and the webpage on sex discrimination here.
 
Review United States Department of Education Office for Civil Rights, Know Your Rights documents here.
 
Visit the website of the California Department of Education Office of Equal Opportunity here and the webpage on Gender Equity/Title IX here.
 
Who is the Title IX and Equity Coordinator?
The District has a Title IX Coordinator who oversees the District’s compliance with Title IX  requirements and promotes sex equity in the District’s programs. Contact the District’s Title IX  Coordinator:

Bryan Marcus, Associate Superintendent, Educational Services 
Title IX and Equity Coordinator
710 Encinitas Blvd.
Encinitas, CA 92024
Telephone: (760) 753-6491 x5569 
Email: bryan.marcus@sduhsd.net

How do I file a complaint of discrimination?
A student, parent, guardian, employee, individual, or organization may file a written complaint alleging discrimination, harassment, intimidation, and/or bullying on the basis of a protected  characteristic under the District’s Uniform Complaint Procedure by sending a complaint to:
 
Bryan Marcus, Discrimination Complaint Coordinator
Associate Superintendent, Educational Services
710 Encinitas Blvd.
Encinitas, CA 92024
Telephone: (760) 753-6491 x5569
Email: bryan.marcus@sduhsd.net
 
The Uniform Complaint Procedure is available at sduhsd.net.   You may file a complaint anonymously, but the District’s ability to investigate and respond may be limited by a lack of  information.

You may also file a discrimination complaint with the U.S. Department of Education Office for Civil  Rights.

For more information, visit http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
The electronic complaint form for the Office for Civil Rights is available online at https://ocrcas.ed.gov/.
 
Contact the Office for Civil Rights at:
San Francisco Office for Civil Rights
U.S. Department of Education 50 United Nations Plaza
San Francisco, CA 94102
Telephone: (415) 486-5555
Fax: (415) 486-5570; TDD: (800) 877-8339
Email: ocr.sanfrancisco@ed.gov
 
For more information regarding Title IX and sex equity in education or in District employment, please contact the District’s Title IX Coordinator.
 
Please review the related Board policies below: