Title IX

What is Title IX? Title IX of the Education Amendments of 1972 (“Title IX”) prohibits sex-based discrimination in all educational programs and activities, including athletic programs, within educational institutions receiving federal financial assistance. Sex-based discrimination includes sexual harassment and sexual violence. No person shall, on the basis of gender, gender identity, gender expression, or sexual orientation, be excluded from participation in, be denied the benefits of, or be subjected to, discrimination under any educational program or activity operated by the Scotts Valley Unified School District (“District”). Title IX protects all participants in the District’s educational programs and activities, including students, parents/guardians, employees, and job applicants. In addition to Title IX, the California Education Code prohibits discrimination based on sex in education programs and activities in schools. (Education Code sections 220-221.1) Other state and federal laws also prohibit discrimination and ensure equality in education. 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 shall not be discriminated against based on your sex. 

● You have the right to be provided with an equitable opportunity to participate in all extracurricular activities, including both academics and athletics. 

● You have the right to inquire of the athletic director at 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 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 section 221.8) The District has the responsibility to respond promptly and effectively to sex-based discrimination complaints, 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 provided below.

How do I file a complaint of sex 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 completing the appropriate paperwork and sending the complaint to the Title IX Coordinator listed above.

The Uniform Complaint Procedure is covered in Board Policy 1312.3 - Uniform Complaint Procedures and Administration Regulation 1312.3 - Uniform Complaint Procedures. The Uniform Complaint Form is available here; and is also available in all school offices, at the District Office, and on the District website.

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 the District’s Board Policies and Administrative Regulations for more information on the District’s anti-discrimination policies. 

BP 0000 - Vision

BP 0100 - Philosophy

BP 0200 - Goals for the District

BP 0400 - Comprehensive Plans

BP 5131.2 - Bullying

BP 5145.3 - Nondiscrimination/Harassment

AR 5145.3 - Nondiscrimination/Harassment

BP 5145.7 - Sexual Harassment

AR 5145.7 - Sexual Harassment

You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights (OCR) by using the Office of Civil Rights Electronic Complaint Form. Here is the information to contact the San Francisco branch of the Office for Civil Rights: 

San Francisco Office

U.S. Department of Education

50 United Nations Plaza

San Francisco, CA 94102

Telephone: (415) 486-5555

Facsimile: (415) 486-5570

Email: OCR.SanFrancisco@ed.gov

How will a complaint be investigated? Complaints filed under the District’s Uniform Complaint Procedure will be investigated and a decision made within sixty calendar days of the District’s receipt, unless the complainant agrees to an extension. The District’s compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses. The compliance officer may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred. As appropriate, the District’s compliance officer periodically will inform the parties of the status of the investigation. The complainant will be notified when a decision is made.

Complaints that are not filed under the District’s Uniform Complaint Procedure will be investigated and decided pursuant to the applicable procedure.

For complaints filed under the Uniform Complaint Procedure, the compliance officer will prepare and send a final written decision to the complainant and respondent, if any, within sixty calendar days of the District’s receipt of the complaint (unless the deadline is extended by mutual agreement).

The complainant or respondent may appeal the District’s decision within fifteen calendar days to the California Department of Education. The appeal must specify the reason for the appeal and whether the District’s facts are incorrect and/or the law is misapplied. The appeal must include a copy of the original complaint to the District and a copy of the District’s decision. For more information, visit the California Department of Education’s webpage on Uniform Complaint Procedures: CDE Uniform Complaint Procedures

For complaints alleging unlawful discrimination based on state law, the complainant may pursue available civil law remedies, including seeking assistance from mediation centers or public/private interest attorneys, sixty calendar days after filing an appeal with the California Department of Education. (California Education Code § 262.3) Note that this sixty day moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (California Education Code § 262.3)

Complaints may also be filed with the United States Department of Education, Office for Civil Rights, within 180 days of the alleged discrimination. For contact information, see the section above on “How do I file a complaint of sex discrimination?”

If the compliance officer finds that a complaint has merit, the District will take appropriate corrective action.