Non-Discrimination Harassment and Transgender Policy Students
OUSD prohibits unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) against any student, employee, or other person participating in district programs and activities, including, but not limited to, those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on the person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200, 220 or 221.8, Government Code 11135, or Penal Code 422.55 or equity or compliance with Title IX, or based on his/her association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610). BOARD POLICY 0410. BOARD POLICY 1312.3. BOARD POLICY 4030. BOARD POLICY 5143.3. BOARD POLICY 5145.7.
Complaint forms are available at school sites, on the district webpage at www.ousd.org/ombudsperson, at the Office of the Ombudsperson located at 1000 Broadway, 1st Floor, Suite 150, Oakland, CA, 94607, or via telephone 510-879-4281.
For Parent/Student Discrimination, Equity or Title IX Concerns, please contact: Gabriel Valenzuela, Ombudsperson/Title IX Coordinator/Equity Officer at (510) 879-4281.
For Employee Discrimination concerns, please contact: Tara Gard, Chief of Talent, Talent Division at (510)879-0159. The Talent Division Office is located at 1000 Broadway, 1st Floor, Suite 150, Oakland, CA 94607.
Board Policy 0410: Nondiscrimination in District Programs and Activities
(Amended 08/09/17)
The Governing Board is committed to providing equal opportunity for all individuals in education. District programs, activities, and practices shall be free from unlawful discrimination, including discrimination against an individual or group based on race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age religion, marital, pregnancy, or parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity or expression, or genetic information; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. Allegations of unlawful discrimination in district programs and activities shall be investigated and resolved in accordance with the procedures outlined in AR 1312.3 - Uniform Complaint Procedures.
English BP 0410
Spanish BP 0410
Chinese BP 0410
Vietnamese BP 0410
Khmer BP 0410
Poster - Non-Discrimination Statement
English- Non-Discrimination Statement
Spanish - Non-Discrimination Statement
Chinese - Non-Discrimination Statement
Khmer - Non-Discrimination Statement
Arabic - Non-Discrimination Statement
Transgender Policy
California Law Prohibits Gender-Based Discrimination in Public Schools. The California Code of Regulation defines "gender" as: "a person's actual sex or perceived sex and includes a person's perceived identity, appearance or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with a person's sex at birth." This policy is meant to advise school site staff and administrators regarding transgender and gender non-conforming student concerns in order to create a safe learning environment for all students, and to ensure that every student has equal access to all components of the District's educational program.
Board Policy 5145.3 [English], [Spanish], [Chinese], [Vietnamese], [Cambodian]
Administrative Regulation 5145.3 Transgender Students [English] Amended 11/14/12
2017 Statement of Support for Transgender Students: In light of the Trump Administration’s February 2017 decision to remove Federal Title IX protections for transgender students, Oakland Unified School District released a statement reaffirming the District's unwavering support.
Non-Discrimination / Harassment Policy (Students)
How to File a Complaint
Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the District or the Office for Civil Rights (OCR). If a crime is involved, such as sexual assault, individuals may also file a report with the local police department. A person may pursue one or all of these avenues at the same time. Below is a summary of each process.
District Complaint
Title IX complaints may be filed using the District’s Board Policy and Administrative Regulation 5145.7(a)- Sexual Harassment Complaint Procedures.
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.
Complaints may also be made verbally.
Complaint procedures are available at the links below as well at each school and at the Office of the Ombudsperson.
Board Policy 5145.7 (Students) Sexual Harassment
Administrative Regulation 5145.7 (Students) Sexual Harassment
ENGLISH - Title IX Sexual Harassment Complaint Form
ENGLISH - FILLABLE - Title IX Sexual Harassment Complaint Form
ARABIC - AR 5145.71(a) - Title IX Sexual Harassment Complaint Procedures
ARABIC - Title IX Sexual Harassment Complaint Form
CHINESE - AR 5145.71(a)- Title IX Sexual Harassment Complaint Procedures
CHINESE - Title IX Sexual Harassment Complaint Form
KHMER- AR 5145.71(a) -Title IX Sexual Harassment Complaint Procedures
KHMER - Title IX Sexual Harassment Complaint Form
SPANISH- AR 5145.71(a) - Title IX Sexual Harassment Complaint Procedures
SPANISH- Title IX Sexual Harassment Complaint Form
Gabriel Valenzuela (he/him/his)
Ombusperson/Title IX Coordinator/CCR Title 5 Coordinator/Equity Officer
Email: gabriel.valenzuela@ousd.org
Office: (510) 879-4281
Direct: (510) 879-3667
FAX: (510) 879-3678
Alondra Rios
Title IX Coordinator & Investigator
Email: alondra.rios@ousd.org
Office: (510) 879-4281
Direct: (510) 879-1051
FAX: (510) 879-3678
NEW MAILING ADDRESS:
Oakland Unified School District
Office of the Ombudsperson
Cole Campus
1011 Union Street
Oakland, CA 94607
Time Requirement:
A complaint with the District must be filed within six months of the discrimination occurring or your awareness of the discrimination (5 CCR 4630(b)).
If you have any questions about this time limit, or if you believe your complaint may be outside this time requirement but want to explore other options, please contact the Title IX Coordinator.
Investigation Procedure:
Upon receipt of any complaint related to a potential Title IX violation, the District will ensure every allegation is investigated promptly, adequately and impartially. The District will also take steps to protect complainants from retaliation and ensure all parties are treated fairly throughout the District’s investigation process. As part of its Title IX obligations, the District also takes steps to prevent recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. The District’s procedure for investigating a Title IX complaint can be found in Administrative Regulation 5145.7(a) - (Students) Title IX Sexual Harassment Complaint Procedures
Please contact the Title IX Coordinator if you have any questions.
OCR Complaint
For information regarding filing a complaint with OCR
OCR provides an online complaint filing system
OCR can also be contacted through the California regional office at:
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
Telephone: 415-486-5555
Email: ocr.sanfrancisco@ed.gov
Time Requirement:
OCR requires complaints to be filed within 180 calendar days of the alleged discrimination. Please contact OCR, or visit the websites above, if you have any questions about this time requirement.
Investigation Procedure:
For information regarding OCR’s investigation process.
Police Report
To file a police report, please contact local law enforcement at:
(510) 777-3333 - Oakland Police Department