Title IX Students
The Sacramento City Unified School District is committed to providing an educational environment free of unwelcome conduct of a sexual nature including sexual advances, requests for sexual favor, and other verbal or physical conduct or communications constituting sexual harassment, as defined and otherwise prohibited by state and federal law. Sexual harassment includes verbal, visual or physical conduct of a sexual nature which may have a negative impact upon the victim’s academic or work performance or creates an intimidating, hostile, or offensive educational/work environment.
Name and Contact Information of Title IX Coordinator:
SCUSD Title IX Coordinator
5735 47th Avenue,
Sacramento, CA 95824
What is Title IX?
Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in all education programs and activities operated by recipients of federal funds, including colleges, universities, and public school districts.
Sex-Based Discrimination Policy
SCUSD is committed to providing educational programs, activities and services that are free from unlawful discrimination based on actual or perceived legally protected characteristics, or association with a person or group with one or more of such characteristics, including sex, sexual orientation, gender, gender identity, and gender expression, as required by Title IX of the Education Amendments of 1972.
Sexual harassment is against the law in all schools in California (Education Codes 200, 212.6, 48900.2) and in the United States (Title IX). Sexual harassment is also in violation of:
- Sacramento City USD Board Policy 5145.7 – Sexual Harassment (Students)
- Sacramento City USD Administrative Regulation 5145.7 – Sexual Harassment (Students)
- Sacramento City USD Administrative Regulation 5145.71 – Title IX Sexual Harassment Complaint Procedures (Students)
- Sacramento City USD Board Policy 5145.3 – Nondiscrimination/Harassment (Students)
- Sacramento City USD Administrative Regulation 5145.3 – Nondiscrimination/ Harassment (Students)
- Annual Parent and Student Rights Notification and Standards of Behavior Handbook
- Sacramento City USD Board Policy 4119.11 – Sexual Harassment (Employees)
- Sacramento City USD Administrative Regulation 4119.11 – Sexual Harassment (Employees)
- Sacramento City USD Administrative Regulation 4119.12 – Title IX Sexual Harassment Complaint Procedures (Employees)
How to File a Title IX Complaint
As provided for under Title IX, and other state and federal law, students and families have the right to file a formal complaint of sexual harassment or gender-based discrimination at school. The Title IX/Harassment form, linked below, is used to initiate the official process established for addressing such complaints.
Any person (complainant or third party) may make a report at any time (including during non-business hours) by contacting our Title IX Coordinator, Melinda Iremonger, at email@example.com or (916) 643-7446. You may also reach out to Ms. Iremonger to ask any questions about how to fill out the online form or the complaint process.
Title IX complaints may be filed using the District’s uniform complaint procedure. Below are the District complaint forms that may be used to report allegations of unlawful discrimination or harassment:
In addition to filing a complaint with the District, individuals may file a complaint with the Office for Civil Rights. 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.
Title IX Notice of Student Rights
Summary of Student Rights (Ed Code section 221.8)
- You have the right to fair and equitable treatment and to be free from discrimination based on your sex.
- You have the right to an equitable opportunity to participate in all academic extracurricular activities, including athletics.
- You have the right to ask the athletic director of your school about the athletic opportunities offered by the school.
- You have the right to apply for athletic scholarships.
- You have the right to equitable treatment and benefits in:
- Equipment and supplies
- Scheduling of games and practices
- Transportation and daily allowances
- Access to tutoring
- Locker rooms
- Practice and competitive facilities
- Medical and training facilities and services
- You have access to a gender equity coordinator to answer questions about gender equity laws.
- You have the right to contact the California Department of Education (CDE) and the California Interscholastic Federation (CIF) for information on gender equity laws.
- You have the right to file a confidential discrimination complaint with the United States Office for Civil Rights (OCR) or CDE if you believe you have been discriminated against or 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 from retaliation if you file a discrimination complaint.
Title IX Notice of Employee Rights
Title IX Complaint Process
Upon receipt of any complaint related to a potential Title IX violation, the District will ensure the allegations are investigated promptly, adequately and impartially. The Title IX Coordinator will promptly meet with the complainant to listen to the complainant’s concerns and inform the complainant of the process for filing a formal complaint, including their right to file or not to file a formal Title IX complaint. The complainant will also be informed of informal resolution options, which the District may facilitate, if desired.
The District will offer and seek to implement supportive measures for the involved parties. Supportive measures are designed to restore or preserve equal access to the district’s educational program or activity without unreasonably burdening the other party. In addition, the District will 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 makes efforts to prevent recurrence of any unlawful discrimination, harassment, or sexual violence and remedy discriminatory effects on the complainant and others, as appropriate.
Under Title IX, the investigation will be completed within a reasonably prompt time frame. The District will assign an investigator to investigate the allegations contained in the complaint. Generally, the investigation process under Title IX involves the following steps:
- Written notice to the parties of the Title IX complaint and procedure;
- Interviews with involved parties and witnesses to gather evidence;
- Provision to both parties the evidence obtained that is directly related to the allegations raised in the complaint, and at least 10 days to submit a written response for the investigator to consider prior to the completion of the investigative report;
- Objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and determinations of credibility in a manner that is not based on a person’s status as a complainant, respondent, or witness;
- Final investigative report that fairly summarizes relevant evidence which is sent to the parties for their review and written response at least 10 days prior to the determination of responsibility;
- Opportunity to respond to the investigation report and submit written, relevant questions that the party wants asked of any party or witness, provide each party with the answers, and potentially allow for additional, limited follow-up questions from each party.
Throughout this process, the respondent is considered not responsible until the investigation is completed. The decision-maker shall issue a written decision as to whether the respondent is responsible for the alleged conduct, which will be simultaneously transmitted to both parties. (34 CFR § 106.45). In making this determination, the decision-maker shall use the “preponderance of the evidence” standard for all formal complaints of sexual harassment. The same standard of evidence shall be used for formal complaints against students as for complaints against employees. (34 CFR § 106.45). Detailed explanations of the Title IX Complaint Procedure can be found in AR 5145.71 and AR 4119.12.
Appeals and Other Remedies Available
After an investigation, any party not satisfied with the final written determination will have the option to appeal the final determination on certain bases, within 10 calendar days, as outlined in AR 5145.71 and AR 4119.12.
Additionally, any student complainant who is dissatisfied with the District’s determination may file an appeal in writing with the California Department of Education within 30 calendar days of the District’s written determination, which shall serve as the Investigation Report required as part of California’s Uniform Complaint Procedures (cf. BP/AR 1312.3 – Uniform Complaint Procedures).
Any employee complainant may file a complaint with the Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC). The deadline for filing a complaint with CRD alleging a violation of Government Code 12940-12952 is within three years of the alleged discriminatory act(s), unless an exception exists pursuant to Government Code 12960 (Government Code 12960). The deadline for filing a complaint with EEOC is within 180 days of the alleged discriminatory act(s) (42 USC 2000e-5). If an employee complainant is filing a complaint with EEOC after first filing a complaint with CRD, this must be done within 300 days of the alleged discriminatory act(s) or within 30 days after the termination of proceedings by CRD, whichever is earlier (42 USC 2000e-5).
The complainant also has a right to file a complaint of sexual harassment or discrimination to the California Department of Education’s Office of Equal Opportunity, 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). A discrimination complaint may also be filed directly with the U.S. Department of Education’s Office of Civil Rights.
- OCR Online Complaint Filing System
- United States Department of Education OCR Complaint Form
- Information regarding OCR’s investigation process.
For additional information regarding filing a complaint with OCR, please contact 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
The District’s Responsibilities Under Title IX
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in programs and activities of federally funded institutions. School district programs and activities must be operated free from discrimination. Key areas addressed by Title IX include athletics; sexual misconduct; including sexual harassment and sexual violence; pregnant and parenting students; off-campus activities; recruitment and admission; and employment. Districts must protect against discrimination in these areas. Districts must also prohibit retaliation against any person bringing a complaint, opposing an unlawful practice or policy, or filing, testifying about or participating in any complaint under Title IX. For more information about school districts’ responsibilities under Title IX, please visit:
Definition of Sexual Harassment
Under Title IX, “Sexual Harassment” is defined as conduct, on the basis of sex, that satisfies one or more of the following (34 C.F.R. § 106.30):
- A District employee conditioning the provision of an aid, benefit, or service of the District on the employee’s participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a reasonable individual to be so severe, pervasive, and objectively offensive that it effectively denies the employee equal access to the terms and/or conditions of employment; or
- “Sexual assault” as defined in United States Code, title 20,
section 1092(f)(6)(A)(v), “dating violence” as defined in United
States Code, title 34, section 12291(a)(10), “domestic violence”
as defined in United States Code, title 34, section 12291(a)(12),
or “stalking” as defined in United States Code, title 34, section
- “Sexual assault” means any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the persons will where the victim is incapable of giving consent, including: forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling. Sexual assault also includes nonforcible sexual intercourse involving incest and statutory rape. (20 U.S.C. § 1092(f)(6)(A)(v))
- “Dating violence” means violence committed by an individual who is or has been in a social relationship of a romantic or intimate nature with the victim (34 U.S.C. § 12291(a)(10)).
- “Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by an individual with whom the victim shares a child in common, by an individual who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by an individual similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other individual against an adult or youth victim who is protected from that individual’s acts under the domestic or family violence laws (34 U.S.C. § 12291(a)(12)).
- “Stalking” means engaging in a course of conduct directed at a specific individual that would cause a reasonable individual to: (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress (34 U.S.C. § 12291(a)(30)).
- “Without consent” or “against that individual’s will” may include force, duress, violence, fear of immediate harm, or an individual’s inability to consent.
These definitions are also found in AR 5145.71 – Title IX Sexual Harassment Complaint Procedures (Students) and AR 4119.12 – Title IX Sexual Harassment Complaint Procedures (Employees).
- Sexual Harassment: Not In Our Schools
- Equal Rights Advocates
- Know Your IX
- Office for Civil Rights
- Gender Equity/Title IX – California Department of Education
For further information on notice of non-discrimination:
U.S. Office of Civil Rights
CA Dept. of Education Office of Equal Opportunity
- Phone: 916-445-9174