Title IX Prohibiting Sex Discrimination in Education
Obligation to respond
If RDUSD is deemed to have knowledge of sex-based discrimination in its education program or activity and an obligation to respond consistent with the requirements in
§106.44 when any non-confidential employee has information about conduct that reasonably may constitute sex discrimination.
Scope
Title IX covers discrimination on the basis of sex, which includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Jurisdiction
RDUSD has an obligation to respond to conduct that occurs under the District education program or activity, including conduct that is subject to the District’s disciplinary authority. RDUSD has an obligation to address a sex-based hostile environment under its education program or activity, even when the conduct alleged to be contributing to the hostile environment occurred outside the District’s education program or activity or outside the United States.
Definition of Sex-Based Harassment
Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including:
(1) Quid pro quo harassment;
(2) Hostile environment harassment;
(3) Specific offenses:
a. Sexual assault,
b. Dating violence,
c. Domestic violence,
Complaint Intake and Triage
A complaint is an oral or written request to RDUSD that objectively can be understood as a request for the District to investigate and make a determination about alleged discrimination under Title IX. (34 C.F.R. § 106.2)
The following persons have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the LEA investigate and make a determination about alleged discrimination under Title IX:
(1) A complainant (see definition below);
(2) A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant;
(3) The Title IX Coordinator, after making the determination specified in §106.44(f)(1)(v);
(4) With respect to complaints of sex discrimination other than sex-based harassment, in addition to the persons listed in paragraphs (a)(2)(i) through (iii) of this section,
(A) Any student or employee; or
(B) Any person other than a student or employee who was participating or attempting to participate in the LEA's education program or activity at the time of the alleged sex discrimination.
A "complainant" is defined as a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX and a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX and who was participation or attempting to participate in the District’s program or activity at the time of the alleged harassment.
Supportive Measures
"Supportive measures," must be promptly offered to complainants when the District is on notice of a potential Title IX complaint, regardless of whether a complaint is made.
Supportive measures are individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or
respondent to:
(1) Restore or preserve that party's access to the District’s education program or activity, including measures that are designed to protect the safety of the parties or the District’s educational environment; or
(2) Provide support during the District’s grievance procedures or during the informal resolution process.
Other Forms of Sex Discrimination
RETALIATION
Retaliation includes intimidation, threats, coercion, or discrimination against any person by the LEA, a student, or an employee or other person authorized by the LEA to provide aid, benefit, or service under the LEA's education program or activity, for the purpose of interfering with any right or privilege secured by Title IX, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, including in an informal resolution process, in grievance procedures, and in any other actions taken by an LEA in compliance with Title IX.
The district must prohibit retaliation, including peer retaliation, in its education program or activity. When the district has information about conduct that reasonably may constitute retaliation under Title IX, the district is obligated to comply with § 106.44. Upon receiving a complaint alleging retaliation, RDUSD must initiate its grievance procedures or, as appropriate, an informal resolution process.
Students
The district must not discriminate in its education program or activity against any student based on the student's current, potential, or past pregnancy or related conditions.
The district also has a responsibility to provide Title IX Coordinator's contact and other information to students.
The district must ensure that when a student, or a person who has a legal right to act on behalf of the student, informs any employee of the student's pregnancy or related conditions, the employee promptly provides that person with the Title IX Coordinator's contact information and informs that person that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student's equal access to the LEA's education program or activity
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Title IX Coordinator
Tammy Busch, Title IX Coordinator
Mailing Address: 445 Montezuma Street, Rio Vista, CA 94571
Phone: (707) 374-1700
Email: contactus@rdusd.org