Title IX and Gender Equity
Federal Title IX of the Education Amendments of 1972 (“Title IX”), implemented at 34 C.F.R. § 106.31, subd. (a), provides that 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 academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives federal financial assistance. Title IX requires that school districts take immediate and appropriate action to address any potential Title IX violations that are brought to its attention.
Sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions: (Education Code 212.5; 5 CCR 4916)
- Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.
- Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.
- The conduct has the purpose or effect of having a negative impact on the student's academic performance or of creating an intimidating, hostile, or offensive educational environment.
- Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any district program or activity.
Any prohibited conduct that occurs off campus or outside of school-related or school-sponsored programs or activities will be regarded as sexual harassment in violation of district policy if it has a continuing effect on or creates a hostile school environment for the complainant or victim of the conduct.
For purposes of applying the complaint procedures specified in Title IX of the Education Amendments of 1972, sexual harassment is defined as any of the following forms of conduct that occurs in an education program or activity in which a district school exercises substantial control over the context and respondent: (34 CFR 106.30, 106.44)
- A district employee conditioning the provision of a district aid, benefit, or service on the student's participation in unwelcome sexual conduct
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a student equal access to the district's education program or activity
- Sexual assault, dating violence, domestic violence, or stalking as defined in 20 USC 1092 or 34 USC 12291
Title IX Coordinators
In the event of a complaint regarding gender equity or sexual harassment, or discrimination, including harassment, intimidation and bullying because of actual or perceived disability, sex, gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion, sexual orientation, age, marital or parental status, or association with a person or group with one or more of these actual or perceived characteristics, contact the Title IX Compliance Coordinators:
For complaints against employees:
Director of Human Resources
For student against student complaints:
Associate Superintendent, Teaching and Learning
Mailing address for both Title IX Coordinators: 589 W. Fremont Ave., Sunnyvale, CA 94087
- Filing a Title IX Complaint with FUHSD
- Student Rights Pursuant to Education Code Section 221.8
- Sexual Harassment Under Title IX
- Forms & Resources
- Frequently Asked Questions