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Title IX - Educational Equity

 

 

About Title IX

Title IX of the Educational Amendments of 1972 prohibits discrimination based on sex in education programs and activities in federally funded schools at all levels.¹

Title IX protects students, employees, and applicants for admission and employment from all forms of sex discrimination, including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity of femininity.² In addition, all students (and other persons) are protected by Title IX - regardless of their sex, sexual orientation, gender, identity, part of full time status, disability, race, or national origin - in all educational programs and activities. 

¹ 20 U.S.C. Sections 1681-1688

² Title IX Resource Guide. U.S. Department of Education. Office of Civil Rights, April 2015.

 

Discrimination

Claremont Unified School District is committed to making schools free from unlawful discrimination and providing equal opportunities for all individuals in education.  All pupils have the right to participate fully in the educational process, free from discrimination and harassment. Schools have an obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity and ensure safe school sites.

The District is primarily responsible for compliance with local, state and federal laws and regulations and has procedures to address allegations of unlawful discrimination, harassment, intimidation, or bullying against any protected individual or group including actual or perceived sex, sexual orientation, gender, gender identity, gender expression, ethnic group identification, race or ethnicity, ancestry, national origin, nationality, religion, mental or physical disability, age, or on the basis of a person's association with  a person or group with one or more of these actual or perceived characteristics in any district  program, or activity that receives or benefits from local, state and federal financial assistance.

A student or parent/guardian who believes that discrimination has occurred may contact the principal for immediate resolution at the site. A student or parent/guardian is not required to attempt resolution through the school site before contacting the District Title IX Coordinator.

 

Sexual Harassment

Claremont Unified School District is committed to maintaining an educational environment that is free from harassment.  The Board prohibits sexual harassment of students by other students, employees or other persons, at school or at school-sponsored or school-related activities.  The Board also prohibits retaliatory behavior or action against person who complain, testify, assist or otherwise participate in the complaint process established pursuant to this policy and the administrative regulation.

 

Complaint Process

Any student who feels that he/she is being or has been subjected to sexual harassment shall immediately contact his/her teacher or any other employee.  A school employee to whom a complaint is made shall report  it to the principal or designee.

Any school employee who observes any incident of sexual harassment involving  a student shall report this observation to the principal or designee, whether or not the victim files a complaint.

In any case of sexual harassment involving the principal or any other district employee to whom the complaint would ordinarily be made, the employee who receives the student's report or who observes the incident shall report to the Assistant Superintendent, Student Services or the Assistant Superintendent, Human Resources.

The principal or designee to whom a complaint of sexual harassment is reported shall immediately investigate the complaint in accordance with administrative regulation.  Where the principal or designee finds that sexual harassment occurred, he/she shall take prompt, appropriate action to end the harassment and address its effects on the victim.

The principal or designee shall also advise the victim of any other remedies that may be available.  The principal or designee shall file a report with the Superintendent or designee and refer the matter to law enforcement authorities, where required.

Any student who engages in sexual harassment of anyone at school or at a school-sponsored or school­ related activity is in violation of this policy and shall be subject to disciplinary action. For students in grades 4 through 12, disciplinary action may include suspension and/or expulsion, provided  that in imposing such discipline the entire circumstances of the incident(s) shall be taken into account.

The Superintendent or designee should maintain a record of all reported cases of sexual harassment to enable the district to monitor, address and prevent repetitive harassing behavior in its schools.  All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action. [BP 5145.7 and 4119.11; EC 200-262.4, 48900.2, 48904, 48980; CC 51.9, 1714.1; 5 CCR 4900-4965; 20 USC 1681-1688; Title VI, Title VII; 34 CFR 106.1-106.71]

 

Complaints Regarding Discrimination or Harassment

The district shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination, harassment, intimidation, or bullying against any protected individual or group identified under Board Policy, Education Code, California Code of Regulations, Penal Code, or Government Code including actual or perceived sex, sexual orientation, gender, gender identity, gender expression, ethnicity, race, ancestry, national origin, religion, color, mental or physical disability, age, or on the basis of a person's association with  a person or group with one or more of these actual or perceived characteristics in any district  program or activity that receives or benefits from state financial assistance.

The District shall promote programs that ensure non-discriminatory practices in all District activities. If you want further details in this regard, or wish to file a complaint, please contact the District's Uniform Complaint Officer.  The Governing Board designates the following compliance officer(s) to receive and investigate all complaints and ensure district compliance with law:

 

Kevin Ward

Assistant Superintendent, Human Resources

170 W. San Jose Ave.

Claremont, CA 91711

909-398-0617

kward@cusd.claremont.edu

 

The Uniform  Complaint Procedure can be used in cases of discrimination or a violation of a federal or state law within the following programs as identified by the District's Board Policies: adult education, career/ technical education, ROP programs and centers, child development, Consolidated Categorical Aid, LCAP, State Compensatory  Education, State Program for Students of Limited English Proficiency, school improvement, tenth­ grade counseling, tobacco-use prevention  education, Peer Assistance and Review, Migrant and Indian Education, nutrition services, special education, homeless or foster youth education options, course content, physical education, discrimination, harassment, intimidation, bullying, pupil lactation accommodations, pupil fees, Civil Rights Guarantees that receive state or federal financial assistance, Williams Settlement  issues, school safety plan, safe place to learn, School Safety and Violence Prevention Act, and other areas designated by the District. [EC 200, 201, 220, 234, 260 et seq., 262.3, 48853, 48853.5, 49010-49013, 49069.5, 51210, 51223, 51225.2, 51228.3, 52334.7, 56500.2, 56501; PC 422.55; 5 CCR 4600- 4687; CC 51-53; GC 11135, 12900; 20 USC 1400 et seq.; EOA; Title VI, Title IX;§ 504; IDEA; 42 USC 2000d, 2000e, 2000h; 34 CFR 106.9]

 

Information regarding Uniform Complaint may be found at: http://www.cusd.claremont.edu/uc