Sexual Harassment (Title IX) (Students)
The Governing Board is committed to maintaining an educational environment that is free from harassment and discrimination. The Board acknowledges that complext societal and historical factors may contribute to inequity within the district and that sexual harassment devalues all students, undermines students' physical safety, impedes students' ability to learn, and reinforces social inequality. The Board is committed to eliminating sexual harassment and repairing the harm it causes. The Board prohibits sexual harassment of students at school or at schools-related activities. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a complainant in alleging sexual harassment.
The district strongly encourages any student who feels that he/she is being or has been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult to immediately contact his/her teacher, the principal, or any other available school employee. The district will take immediate steps to stop harassment and protect the safety and well-being or reported victims of sexual harassment, including interim measures during the investigation as appropriate. Any employee who receives a report or observes an incident of sexual harassment shall notify the principal or a district compliance officer.
What Is Title IX?
Title IX of the Education Amendments of 1972 prohibits sex discrimination in education, including K-12 schools. Title IX is a federal law that has been used to promote equity in education by ensuring that girls and women receive equal resources and treatment in the classroom and provides protections for students who are sexually harassed and discriminated against and/or bullied based on their gender.
In addition to this federal law, the California Education code similarly prohibits schools discriminating against its students on the basis of sex (Education Codes 220-221.1).
Definition of Sexual Harassment
Prohibited sexual harassment is unwelcome sexual conduct that may include, but is not limited to, sexual violence, 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, when made on the basis of sex and under the following conditions: (Education Code 212.5; 5 CCR 4916)
1.) Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.
2.) Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.
3.) 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.
4.) Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding the benefits and services, honors, programs, or activities available at or through any district program or activity.
Specific Examples of Sexual Harassment
Examples of types of conduct which are prohibited in the district and which may constitute sexual harassment include, but are not limited to:
- Unwelcome leering, sexual flirtations, or propositions.
- Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions.
- Graphic verbal comments about an individual's body, unwanted sexual comments or questions, or overly personal conversation or computer-generated images of a sexual nature.
- Spreading sexual rumors
- Teasing or sexual remarks abotu students enrolled in a predominatly single-sex class or activity.
- Massaging, grabbing, fondlling, stroking, or brushing the body.
- Touching an individual's body or clothes in a sexual way.
- Impeding or blocking an individual's movements or any physical interference with school activities when directed at an individual on the basis of sex or gender expression.
- Displaying sexually suggestive objects.
- Sexual assualt, sexual battery, or sexual coercion.
- Sexual violence which is the perpetration of a sexual act on a person without their affirmative consent.
- Electronic communication containing comments, words, or images described above.
Title IX Student Rights:
- Students have the right to equal learning opportunities in their schools, regardless of their gender.
- Students and employees may not be excluded from participation in, be denied the benefits of, or be subjected to harassment or other forms of discrimination on the basis of sex, sexual orientation, gender identity or gender expression in any program or activity.
- Students may not be required to take and/or may not be denied enrollment in a course because of their sex, sexual orientation, gender identity or gender expression.
- Students have the right to be evaluated and graded without regard to their sex, sexual orientation, gender identity or gender expression.
- Students must be provided counseling and guidance that is not discriminatory
- Counselors may not urge students to enroll in particular classes or programs or activities based on sex, sexual orientation, gender identity or gender expression.
- Schools must offer female and male students equal opportunities to play sports.
- Equipment and supplies, game and practice schedules, budgets, coaching travel allowances, facilities, publicity, support services and tutoring offered to teams are to be equivalent between male and female teams.
- Pregnant and parenting students have the same right as any other student to continue in their regular school and in any program for which they qualify.
- Students have the right to call the police.
Who Is Covered Under Title IX?
- Harassment by students
- Harassment by administrators/teachers/staff
- Harassment by volunteers or school visitors
OUSD Sexual harassment and Anti-discrimination policies
Sexual harassment is also in violation of the Oakland Unified School District Board and Administrative policies. All forms of sexual harassment, whether student to student, staff to student, or student to staff, are unlawful at OUSD schools.
How to File a Title IX/Sexual Harssment Complaint?
A sexual harassment complaint may be filed with the school site principal or his/her designee or a teacher at the school site. If the individual feels uncomfortable, the complaint may be filed with the Title IX Coordinator, Office of the Ombudsperson. Uniform Complaint Procedures- Level I Complaint forms are available on this webpage, at each school and at the Office of the Ombudsperson. Complaints may also be made verbally.
Mr. Gabriel Valenzuela
Ombusperson/Title IX Coordinator
email: email@example.comPhone: (510) 879-4281Fax: (510) 879-3678Oakland Unified School District1000 Broadway, 1st Floor, Suite 150Oakland, CA 94607