Title IX and Gender Equity

Student complaints shall be submitted in written form in accordance with Board Policy 1312 - Complaints Concerning the Schools. If the complainant is unable to prepare the complaint in writing, administrative staff shall help them to do so.

Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex. The time for filing may be extended up to 90 days by the Superintendent or the Superintendent’s designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complaint.

All complaints shall be appropriately investigated in a timely manner. Within 10 business days after the compliance officer receives the complaint, the compliance officer, or designee, shall begin an investigation into the complaint. The investigation shall include an opportunity for the complainant, or the complainant’s representative, or both, to present the compliance officer, or designee, with any evidence, or information leading to evidence, to support the allegations in the complaint. FUHSD shall issue a written decision based on the evidence within 60 calendar days from receipt of the written complaint by FUHSD.

Any complainant who is dissatisfied with FUHSD's final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving FUHSD's decision.

Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.

Education Code section 221.8 provides as follows:

The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:

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:

• 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.
• 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.

What is sexual harassment? Sexual harassment is doing or saying anything sexual that makes someone else feel uncomfortable. This includes name-calling, starting rumors, or making sexual jokes or gestures. It also includes unwanted touch and unwanted communication like sexual comments, texts, or messages on social media.

What are my rights regarding sexual harassment in schools? Title IX of the Education Amendments of 1972 is a federal law prohibiting sexual discrimination in schools. It protects people from sexual discrimination and harassment. Teachers and students have the right to participate in all educational programs and activities without fear of sexual harassment. Faculty, staff, and students all have a duty not to engage in sexual conduct that is obscene or unwanted by others. They also have a right to be protected from such conduct.

What can I do if I am being harassed? People who believe they have been sexually harassed on school grounds or at a school-sponsored or school-related activity by another person, or who have experienced off-campus sexual harassment that has a continuing effect on campus should do either of the following:

• Report the offensive behaviors to a teacher, guidance counselor, school-based therapist or administrator; or
• Report the offensive behaviors to the Title IX Coordinator at the district office: Trudy Gross, Associate Superintendent.

For more information, read the resources on this webpage.

What happens after sexual harassment has been reported? The Fremont Union High School District (FUHSD) has an obligation to respond to all known allegations of sexual harassment. This means the District must review and appropriately respond to all complaints in accordance with District policy. The District must provide a prompt response, treat everyone fairly and offer supportive measures to all parties. Once you file a complaint, you will receive confirmation it has been received. For those complaints that are investigated, a “preponderance of the evidence” standard will be applied to determine if a violation of District policy occurred. In most cases a written response to your complaint will be provided within 60 days. The District must inform both the reporting party/victim and responding party/accused of the outcome of the investigation and findings.

What happens while an investigation of sexual harassment is conducted? During the time of an investigation the District must put in place what are called “interim measures”. These could include a “no contact contract” in which the parties agree in writing that they will not be in touch in person, via social media or other electronic means, or through other people; designated routing on campus to ensure, to the degree practicable, that the individuals involved do not cross paths within their school day; and meeting with a school-based therapist.

What might be the outcome of an investigation of sexual harassment? In the event that it is determined that District policy has been violated the District will put in place “corrective actions”. These could include ongoing implementation of a “no contact contract” and designated routing on campus, a change in schedule for the responding party, and/or other disciplinary measures. The District must inform both the reporting party/victim and responding party/accused of the outcome of the investigation and findings.

Could Reporting Sexual Harassment Affect My Academics? Reporting harassment and receiving the support that you need will not affect your academics or other standing at the school. Support will be provided to ensure that you are safe at school and free from retaliation.

Will a School Adult Tell My Parents After I Report Sexual Harassment? The school adult will support you in talking with your parent/guardian. A school-based therapist can provide support as well.

Will the Police Get Involved? Sexual harassment can take different forms and will be addressed by school administration. Police are contacted for incidents that could be criminal such as cyber sexual bullying and assault. You may request a school-based therapist to be with you and provide support when giving your report.

What Do I Do If I See Sexual Harassment Occur? Report sexual harassment that you see because you could help another person. Report the incident to a trusted adult, either verbally or in writing. This person can be an FUHSD teacher, guidance counselor, school-based therapist or administrator.

What Do I Do If A Friend Tells Me They Are Being Sexually Harassed? Your friend has the right to file a complaint. Encourage them to report the incident to a trusted adult, either verbally or in writing. This person can be an FUHSD teacher, guidance counselor, school-based therapist or administrator. You could offer to go with your friend to talk with a trusted adult. You may also choose to stand up for your friend and talk with a trusted adult yourself.

What Are Some Reasons People Who Experience Sexual Harassment Do Not Report It? Sometimes people do not report sexual harassment because they fear that they will not be believed or that there will be retaliation by the person who has harassed them. Part of the reporting and investigation process is ensuring the safety of the person reporting the harassment.