Rights of Students Pursuant to Title IX

No person in the United States of America shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance.

The following list of rights is based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 :

• You have the right to fair and equitable treatment, and you shall not be discriminated against based on your sex.
• You have the right to be provided with an equitable opportunity to participate in all academic and extracurricular activities, including athletics.
• You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
• You have the right to apply for athletic scholarships.
• You have the right to receive equitable treatment and benefits in the provision of all of the following:

1. Equipment and supplies.
2. Scheduling of games and practices.
3. Transportation and daily allowances.
4. Access to tutoring.
5. Coaching.
6. Locker rooms.
7. Practice and competitive facilities.
8. Medical and training facilities and services.
9. Publicity.

• You have the right to have access to a Title IV Coordinator to answer questions regarding gender equity laws.
• You have the right to contact the State Department of Education and the California Interscholastic Federation (CIF) to access information on gender equity laws.
• You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State 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. Please visit the U.S. Department of Education for information on how to file such a complaint.
• 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.

CA. Educ. Code §§221.6 and 221.8

What is Harassment?

There are many reasonable definitions for sexual harassment, but all of them focus on unwanted behavior of a sexual nature.  For schools, Title IX provides a specific definition that the District must follow when determining if Sexual Harassment has occurred in such a way that can be addressed through Title IX policies.  

Title IX defines sexual harassment as conduct, performed on the basis of sex, that satisfies one or more of the following:

1. Quid Pro Quo: A District employee conditioning the provision of an aid, benefit, or service of the District on a student or individual's participation in unwelcome sexual conduct;
2. Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District's education program or activity; or
3. Sexual Assault: Defined as rape; fondling with the intent for sexual gratification; incest; dating violence; domestic violence; and/or stalking behavior that includes a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety.  
4. Unwelcome: Behavior that is not invited, requested, or welcomed by the person experiencing it. Conduct may be considered unwelcome even if the person does not clearly object or feels unable to speak up.
5. Intentional: Behavior that is done on purpose, not by accident. Intentional actions are carried out with awareness or planning, even if harm is claimed to be unintended.
6. Malicious: Behavior that is meant to harm, threaten, humiliate, or intimidate another person. Malicious actions show a disregard for others’ safety, feelings, or well-being.

Not all unwanted behavior of a sexual nature is covered by Title IX.  Some behavior may be covered instead by MVSD’s Bullying & Harassment policies or by the District’s Code of Conduct.  All unwanted behavior can and shall be addressed in accordance with the appropriate policy and set of procedures.  See some examples below:

Reporting Sexual Harassment

Mountain View School District strongly encourages all students who are victims or witnesses of harassment to report it.  You can make a report in person or in writing to an administrator at your school site, or file a report directly with the district Title IX Coordinator.  

Once a report has been made, the following steps will be taken:

1. The complainant will be invited to speak with a school or District leader.  During this conversation, they will have the opportunity to tell their story, learn about the formal Title IX complaint process, request supportive measures, and decide if they want to move forward with the formal Uniform Complaint Process.  Students will not be forced to move forward with the process unless their parent/guardian overrules them. In rare circumstances, the District may pursue the issue if it believes that the immediate safety of students is in danger. 
2. The report will be reviewed carefully by the Title IX Coordinator, who will determine which policy is most appropriate: Title IX/Sexual Harassment, Bullying & Harassment, or Code of Conduct.  If the reported incident does not meet the criteria for Title IX, it will be referred back to the school site for investigation, support, and discipline under the appropriate policy. 
3. Complaints that fall under Title IX will be managed by the Title IX  Coordinator.  The investigation will include opportunities for all involved parties to provide statements and evidence.  School records will be reviewed, and school staff may be interviewed.  All parties will have opportunities to review and comment on the evidence.  Every effort will be made to ensure this process is fair, timely, and supportive to all involved. 
4.  A District Decision-Maker will review the Investigation Report and determine if a policy has been violated and what remedies should be put in place, including disciplinary action.  A formal letter will be sent to all parties explaining the decision and the rationale.

Student's Guide to Raising Concerns, Making Reports, and Filing Complaints

File a Complaint 

Complaints alleging violation of Title IX shall be submitted in written form in accordance with Board Policy 1312.3 - Uniform Complaint Procedures. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so.

A complaint alleging unlawful discrimination or retaliation must be filed no later than six months from the date the discrimination or retaliation occurred, or six months from when the complainant first learned of the unlawful discrimination. The Superintendent or designee may extend this timeline by up to ninety days for good cause, upon written request by the complainant setting forth the reasons for the extension.

All complaints shall be appropriately investigated in a timely manner.  Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint. The compliance officer may informally discuss with all the parties the possibility of using mediation (except in cases of sexual violence, assault, or coercion). The investigation shall include an opportunity for the complainant, or the complainant's representative, or both, to present the compliance officer with any evidence or information leading to evidence, to support the allegations in the complaint. The District shall issue a written decision based on the evidence within 60 calendar days from receipt of the complaint by the District.

Any complainant who is dissatisfied with the District's final written decision may file an appeal in writing with the California Department of Education within 30 calendar days of receiving the District's decision.

Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights (see Additional Resources tab) 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 under certain circumstances.

Additional details about procedures for filing a complaint may be found in the District

Board Policy and Administrative Regulation 1312.3 Uniform Complaint Procedures 

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 all 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 will also take steps to prevent the recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. 

Policies Pertaining to Students:

• BP 5131.2- Bullying 
• BP 5145.3- Non-Discrimination and Harassment 
• BP 5145.7- Sexual Harassment 
• BP 5145.9- Hate-Motivated Behavior 

Policies Pertaining to Staff: 

• BP 4030- Discrimination in Employment 
• BP 4119.11, BP 4219.11, BP 4319.11- Sex Discrimination and Sex Based Harassment 

Resources 

SexualHarassmentFactSheet PDF

The District’s investigation procedure is also described in Administrative Regulation No. 1312.3.

Individuals may file a complaint pursuant to the Uniform Complaint Procedure (UCP) as set forth in the District’s Administrative Regulation No. 1312.3 by downloading and filling out the UCP Form in order to file a complaint.  Please contact the Title IX Coordinator if you have any questions.  

For more information regarding the student rights and the  responsibility of educational institutions under Title IX, please visit the following:

• The California Office of Equal Opportunity & Access
• The United States Department of Education Office for Civil Rights – Know Your Rights

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces Title IX to ensure that schools and institutions receiving federal financial assistance comply with federal civil rights laws.

Individuals who believe they have experienced discrimination may file a complaint directly with OCR. OCR offers an online complaint-filing system and provides detailed information about how complaints are reviewed and investigated.

• Learn about OCR’s investigation process: How the Office for Civil Rights Handles Complaints How the Office for Civil Rights Handles Complaints
• OCR provides an online complaint-filing system. File a complaint online: OCR: Discrimination Complaint Form

OCR may also be contacted through its California regional office:

Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
Phone: (415) 486-5555
Email: ocr.sanfrancisco@ed.gov