Administrative Regulation on Sexual Harassment

San Francisco Unified School District and County Office of Education

Administrative Regulation 5145.7 (updated October 2024)

Sexual Harassment+ Sex Discrimination

The district does not discriminate on the basis of sex in any of its programs or activities and complies with Title IX of the Education Amendments of 1972 and its implementing regulations. This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.  

The complaint procedures described in this administrative regulation shall be used to address any complaint governed by Title IX of the Education Amendments of 1972 including any and all allegations that a student or person attempting to participate in the District’s education program or activity was subjected to an act of sex discrimination or sexual harassment, as defined below.  These regulations may also apply to the effects of off-campus and/or online sex-based misconduct that limits or denies a person’s access to the District’s education program or activities.  

Definitions

Sex-Discrimination:  Discrimination is different treatment with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services based on the student's sex, sex stereotypes; sex characteristics; sexual orientation; gender; gender identity; gender expression; pregnancy, childbirth, termination of pregnancy, or lactation, including related medical conditions and recovery; parental, family, or marital status; or the student's association with a person or group with one or more of these actual or perceived characteristics.  

Sex discrimination, including sex-based harassment, intimidation, or bullying, may result from physical, verbal, nonverbal, or written conduct and occurs when prohibited conduct is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities. 

Discrimination can take two primary forms:

• Disparate Treatment Discrimination: Any intentional differential treatment of an individual or group of individuals that is based on an individual’s actual or perceived protected characteristic(s) and that excludes an individual from participating in, denies the individual the benefits of, or otherwise adversely affects a term or condition of an individual’s participation in a District program or activity.
• Disparate Impact Discrimination: Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or individual that results in the protected individual(s) being excluded  from participation in, being denied the benefits of, or otherwise experience adverse effects to the terms or conditions of their participation in a District program or activity. 

Discrimination on the Basis of Gender Identity/Expression: Disparate treatment or unwanted severe or pervasive conduct on the basis of sex, gender identity, or gender expression, including intersex, nonbinary, transgender, gender, two-spirit, and gender-diverse students are prohibited

Discrimination on the Basis of Pregnancy or Related Conditions: Disparate treatment or unwanted severe or pervasive conduct on the basis of any current, potential, or past pregnancy or any related conditions is prohibited. This includes any discrimination or harassment on the basis of:

• Pregnancy, childbirth, termination of pregnancy, or lactation;
• Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation;
• Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions

Sexual Harassment: A form of sex discrimination and means sexual harassment and other harassment on the basis of sex, sex stereotypes, sex characteristics, or other bases specified above. Conduct will constitute sex-based harassment when it takes the form of: (34 CFR 106.2, 106.11)

• Hostile Environment Harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the district's education program or activity. 
  • Any prohibited conduct that occurs off campus or outside of school-related or school-sponsored programs or activities will be regarded as sex-based harassment in violation of district policy if it has a continuing effect on a student's ability to participate in or benefit from district educational programs or activities.
• Quid Pro Quo Harassment:  A district employee, agent, or other individual authorized by the district to provide an aid, benefit, or service in the district's education program or activity conditioning the provision of district aid, benefit, or service on a student's participation in unwelcome sexual conduct.
• Sexual assault, dating violence, domestic violence, or stalking as defined in 34 CFR 106.2:
  • Sexual Assault: Any sexual act, including rape, sodomy, sexual assault with an object, incest, statutory rape, or fondling that occurs without the consent of the victim, including instances where the victim is incapable of giving consent due to age or mental or physical incapacity. 
  • Dating Violence: Violence committed by an individual who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
  • Domestic Violence: Felony or misdemeanor crimes committed by an individual who is a current or former spouse or intimate partner of the Complainant; or who is cohabitating with or has cohabitated with the Complainant; or who shares a child in common with the Complainant; or who commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of the state of California. 
  • Stalking:  Engaging in a course of conduct on the basis of sex or gender that is directed at a specific individual and that would cause a reasonable individual to fear for their safety or the safety of others, or to suffer substantial emotional distress. 
  • Sexual Exploitation: An individual taking nonconsensual or abusive sexual advantage of another, that does not constitute sex-based harassment as defined above, for their own benefit or for the benefit of anyone other than the Complainant.  Examples include, but are not limited to: sexual voyeurism; knowingly disclosing or threatening to disclose an individual’s sexual orientation or gender identity; taking pictures or video of another engaged in a sexual act without the consent of all involved; making or posting pornographic images of another without their consent; and creating or disseminating synthetic media representations of individuals doing or saying sexually-related things that never happened or placing real individual(s) in fictitious pornographic or nude situations without their consent.

Examples of Sex Discrimination and Sex-Based Harassment

Sexual harassment includes, but is not limited to, 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, under any of 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 benefits and services, honors, programs, or activities available at or through any district program or activity.

Examples of types of conduct which are prohibited in the district and which may constitute sex- based harassment, under state and/or federal law, in accordance with the definitions above, include, but are not limited to: 

1.  Unwelcome leering, sexual flirtations, or propositions
2. Unwelcome sex-based slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions 
3. Graphic verbal comments about an individual's body or overly personal conversation 
4. Sex-based jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature 
5. Spreading sex-based rumors 
6. Teasing or sexual remarks about students enrolled in a predominantly single-sex class 
7. Massaging, grabbing, fondling, stroking, or brushing the body 
8. Touching an individual's body or clothes in a sexual way
9.  Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex 
10. Displaying sexually suggestive objects 
11. Sexual assault, sexual battery, or sexual coercion 
12. Electronic communications containing comments, words, or images described above.

Title IX Coordinator/Compliance Officer and Title IX Roles 

District Title IX Coordinator:  

The district designates the following individual(s) as the responsible employee(s) to coordinate District’s compliance with its obligations under Title IX. 

The Title IX Coordinator may be contacted at:

Eva Kellogg

Office of Equity / Title IX Coordinator

555 Franklin Street, 3rd Floor

Telephone: (415) 355-7334

Email: equity@sfusd.edu 

Title IX Coordinator Designee:  As appropriate, the District may delegate, or permit the Title IX Coordinator to delegate, specific duties to one or more designee(s).  Any District employee who has been directed to act in the role of Title IX Coordinator, Investigator, Decision-Maker, Informal Resolution Facilitator, and/or Appeals Officer shall receive specialized training and ongoing support from the District Title IX Coordinator. 

Investigator: The individual responsible for gathering all evidence and information relevant to the allegations. The Investigator may also serve as the Title IX Coordinator and/or Decision-Maker.

Decision-Maker: The individual responsible for evaluating all relevant information and evidence gathered by the Investigator and related to the complaint.  The Decision-Maker is responsible for determining if there is enough evidence to find that it is more likely than not that Board policy, including Board Policy 5145.7 (Title IX), has been violated. The Decision-Maker is also responsible for issuing a written decision letter summarizing the evidence and explaining their findings and the rationale for those findings. The Decision-Maker may also serve as the Investigator and/or Title IX Coordinator.

Informal Resolution Facilitator:  The individual responsible for facilitating the creation of agreements between all Parties who have voluntarily and willingly agreed to resolve the complaint through Informal Resolution.  

Title IX Appeal Officer:  The individual responsible for evaluating any submitted appeals of the final determination of the complaint.  The Title IX Appeal Officer may not be the Investigator, Decision-Maker, or Title IX Coordinator assigned to the complaint in question.

Any individuals designated as a Title IX Coordinator, Investigator, Decision-Maker, Informal Resolution Facilitator, or Appeals Office shall not have any conflict of interest or bias for or against Complainants or Respondents generally or individually. If a conflict exists, the individuals shall disclose the conflict to the Title IX Coordinator or designee who will then identify appropriate alternative staff.   Such persons shall receive training in accordance with 34 CFR 106.8. (34 CFR 106.44)

Notifications

To prevent unlawful sex discrimination and sex-based harassment in district programs and activities, the Superintendent or designee shall provide notifications and implement measures to prevent discrimination and harassment as specified in Administrative Regulation 5145.3 - Nondiscrimination/Harassment. In addition to the measures to prevent discrimination specified in Administrative Regulation 5145.3 - Nondiscrimination/Harassment, the Superintendent or designee shall ensure that a copy of the district's sex discrimination and sex-based harassment policy and regulation: 

1. Is displayed in a prominent location in the main administrative building or other area where notices of district rules, regulations, procedures, and standards of conduct are posted (Education Code 231.5) 
2. Is summarized on a poster, which shall be prominently and conspicuously displayed in each bathroom and locker room at each school The poster may be displayed in public areas that are accessible to and frequented by students, including, but not limited to, classrooms, hallways, gymnasiums, auditoriums, and cafeterias. The poster shall display the rules and procedures for reporting a charge of sexual harassment; the name, phone number, and email address of an appropriate school employee to contact to report sexual harassment; the rights of the reporting student, the complainant, and the respondent; and the responsibilities of the school. (Education Code 231.6) 
3. Is provided as part of any orientation program conducted for new and continuing students at the time the student is enrolled or at the beginning of each quarter, semester, or summer session (Education Code 231.5) 
4. Appears in any school or district publication that sets forth the school's or district's comprehensive rules, regulations, procedures, and standards of conduct (Education Code 231.5)

Reports and Complaints

A student or a student's parent(s)/guardian(s) who believes that the student has been subjected to sex discrimination, including sex-based harassment, in a district program or activity or who has witnessed sex discrimination, including sex-based harassment, is strongly encouraged to report the incident to the district's Title IX Coordinator, a teacher, the principal, or any other available school employee. Within one workday of receiving such a report, the principal or other school employee shall forward the report to the district's Title IX Coordinator. Any school employee who observes sex discrimination or sex-based harassment shall, within one workday, report the observation to the Title IX Coordinator as specified in the accompanying board policy. The report shall be made regardless of whether the alleged victim files a formal complaint or requests confidentiality. 

• A Report may be made by anyone, including witnesses or victims of the alleged discrimination or harassment, and provides notice to the District of an allegation or concern.  
• A Complaint is an oral or written request that can objectively be understood by the Title IX Coordinator or designee as a request for the district to investigate and make a determination about alleged sex discrimination, including sex- based harassment. (34 CFR 106.21) 

The Title IX Coordinator shall monitor the district for barriers to reporting information about conduct that reasonably may constitute sex discrimination, including sex-based harassment, under Title IX, and take steps reasonably calculated to address such barriers. (34 CFR 106.44, 106.45)

Off-Campus Conduct

When a report or complaint of sex discrimination or sex-based harassment involves off-campus conduct, the Title IX Coordinator shall assess whether the conduct may create or contribute to the creation of a hostile school environment. If the Title IX Coordinator determines that a hostile environment may be created, the complaint shall be investigated and resolved in the same manner as if the prohibited conduct occurred at school. 

Any online posting or other electronic communication by students, including technology-facilitated sex-discrimination, stalking, or sexual harassment occuring completely outside of the District’s control will only be subject to this Policy when the online conduct can be shown to cause or is likely to cause a substantial disruption to the educational program or activity or to the rights of others within the San Francisco Unified School District community

Basic Requirements

When implementing Title IX grievance procedures, the district shall: (34 CFR 106.45) 

1. Treat complainants and respondents equitably 
2. Ensure that the Title IX Coordinator or designee, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The investigator and the decisionmaker may be the same person as the Title IX Coordinator or designee. 
3. Presume that the respondent is not responsible for the alleged sex discrimination, including sex-based harassment, until a determination is made at the conclusion of the grievance procedures 
4. Establish reasonably prompt timeframes for the major stages of the grievance procedures, such as evaluation of whether to dismiss or investigate a complaint, investigation, decision, and appeals if any 
5. Establish a process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the 

Additionally, the district shall not disclose personally identifiable information obtained while implementing Title IX complaint procedures unless the district has satisfied at least one of the following criteria: obtained prior written consent from a person with the legal right to consent to the disclosure; the information is disclosed to a parent/guardian or other authorized legal representative with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue; to take action to address conduct that reasonably may constitute sex discrimination under Title IX, including sex-based harassment, in the district's education program or activity; as required by federal law, regulations, or as a condition to a federal award; as required by state or local law; or to the extent such disclosures are not otherwise in conflict with Title IX. (34 CFR 106.44) 

If either party is a student with a disability, the Title IX Coordinator or designee shall consult with one or more members, as appropriate, of the student's individualized education program or 504 team, to determine how to comply with the requirements of the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973 throughout all Title IX resolution processes. "

Initial Title IX Evaluation

If the alleged victim chooses not to bring a complaint, or withdraws any or all of the allegations in a complaint, and in the absence or termination of an information resolution process, the Title IX Coordinator or designee shall consider whether to initiate a complaint.    

To do so, the Title IX Coordinator or designee shall first consider the following factors: (34 CFR 106.44)   

1. The victim's request not to proceed with initiation of a complaint 
2. The victim's reasonable safety concerns regarding initiation of a complaint
3. The risk that additional acts of sex discrimination, including sex-based harassment, would occur if a complaint is not initiated 
4. The severity of the alleged sex discrimination or sex-based harassment, including whether the discrimination, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence
5. The age and relationship of the parties, including whether the respondent is an employee of the district
6. The scope of the alleged sex discrimination, including information suggesting a pattern; ongoing sex discrimination, including sex-based harassment; or sex discrimination, including sex-based harassment, alleged to have impacted multiple individuals 
7. The availability of evidence to assist a decisionmaker in determining whether sex discrimination, including sex- based harassment, occurred 
8. Whether the district could end the alleged sex discrimination, including sex-based harassment, and prevent its recurrence without initiating the Title IX grievance procedures 

The Initial Title IX Evaluation Phase includes:

1. An inquiry into the allegations to gather whatever information is necessary to assess and to understand the conduct within the context of the students’ ages and the circumstances of the incident(s).
2. An assessment of the reported conduct to determine:
   • If the reported conduct, if true, would constitute a violation of Board Policy and Administrative Regulation 5145.7 and Title IX, and
   • If the District has jurisdiction over the reported conduct. 
3. A conversation with the Complainant(s) and their parent(s)/guardian(s) that addresses:
   • Supportive measures;
   • The Complainant’s rights under Board Policy and Administrative Regulation 5145.7 and Title IX;
   • The District’s resolution pathway options. 
   • The Complainant’s wishes with regards to how they would prefer to resolve their Complaint.
4. A conversation with the Respondent(s) and their parent(s)/guardian(s) that addresses:
   • Supportive measures; and
   • The Respondent’s rights under Board Policy and Administrative Regulation 5145.7 and Title IX.

If, after considering these factors, the Title IX Coordinator determines that the alleged conduct presents an imminent and serious threat to the health and safety of the complainant or another person, or that the conduct as alleged prevents the district from ensuring equal access to a district program or activity on the basis of sex, the Title IX Coordinator may initiate a complaint. 

If the Title IX Coordinator initiates a complaint, the Title IX Coordinator shall provide the alleged victim notice of the complaint, as well as other notices as required by the Title IX regulations at specific points in the complaint process. The Title IX Coordinator shall also address reasonable concerns about the victim's safety or the safety of others, including providing supportive measures as described in “Supportive Measures" below, and taking other appropriate prompt and effective steps to ensure that sex discrimination, including sex-based harassment, does not continue or recur within the district. (34 CFR 106.44) 

Filing a Complaint

Upon receiving information from an allegation of sex discrimination, include sex-based harassment, the Title IX Coordinator or designee shall notify the individual(s) specified in law of the Title IX grievance procedures, and of the informal resolution process, if available and appropriate.  

There is no time limitation on Reporting or filing a Complaint regarding alleged sex-discrimination or sexual harassment.  However, if the Respondent is no longer enrolled in or employed by the District or if significant time has passed since the incident, the District’s ability to investigate, respond, and/or provide remedies may be limited if not impossible. 

Supportive Measures 

Upon receipt of a report of Title IX sex discrimination or sex-based harassment, the Title IX Coordinator or designee shall offer and coordinate supportive measures. Supportive measures may vary depending on what the district determines to be reasonably available and shall not unreasonably burden either the complainant or respondent. Supportive measures shall be provided without charging a fee to the complainant or respondent and be designed to protect the safety of the complainant, respondent, and the district's educational environment, and to provide support during any grievance procedures implemented as specified in 34 CFR 106.45 or informal resolution process as specified in 34 CFR 106.44. The district shall not impose such measures for punitive or disciplinary reasons. Supportive measures may include, but are not limited to, counseling; extensions of deadlines and other courses related adjustments; changes in class, work, housing, or extracurricular or any other activity regardless of whether there is a comparable alternative; campus escort services; modifications of class schedules; mutual restrictions on contact; changes in class locations; increased security; monitoring of certain areas of the campus; and, training and education programs related to sex-based harassment. (34 CFR 106.2, 106.44) 

Unless there is an allegation of sex-based harassment or retaliation, the district may provide supportive measures without altering the alleged discriminatory conduct. (34 CFR 106.44) Upon the conclusion of any grievance procedures implemented as specified in 34 CFR 106.45 or informal resolution process as specified in 34 CFR 106.44, the district may continue with the supportive measures, or modify or terminate such measures, as appropriate. (34 CFR 106.44) 

The district shall provide a complainant or respondent for whom supportive measures have been implemented with a timely opportunity to seek, from an impartial employee with authority to modify or reverse the supportive measures, modification or reversal of the district's decision to provide, deny, modify, or terminate such measures, and to seek additional modification or termination of the supportive measures if circumstances materially change. (34 CFR 106.44) The district shall not disclose information about supportive measures to any person other than the person to whom they apply, including informing one party of supportive measures provided to another party, unless the disclosure is necessary to providing the supportive measures, or restoring or preserving a party's access to the district's education program or activity. (34 CFR 106.44)

Emergency Removal 

A student shall not be disciplined for alleged sex discrimination, including sex-based harassment, under Title IX until the investigation has been completed. However, on an emergency basis, the district may remove a student from the district's education program or activity, provided that the district conducts an individualized safety and risk analysis, determines that removal is justified due to an imminent and serious threat to the health or safety of a complainant or any student, employee, or other individual arising from the allegations, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. This authority to remove a student does not modify a student's rights under the IDEA or Section 504 of the Rehabilitation Act of 1973. (34 CFR 106.44) If a district employee is the respondent, the employee may be placed on administrative leave during the pendency of the formal complaint process. (34 CFR 106.44) 

Dismissal of Complaint 

The Title IX Coordinator or designee may dismiss a complaint if: (34 CFR 106.45) 

1. The district is unable to identify the respondent after taking reasonable steps to do so 
2. The respondent is not participating in the district's education program or activity and is not employed by the district 
3. The district determines that the conduct alleged in the complaint, even if proven, would not constitute sex discrimination, including sex-based harassment, under Title IX Before dismissing the complaint, the Title IX Coordinator shall make reasonable efforts to clarify the allegations with the complainant. 
4. The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the Title IX Coordinator determines that, without the complainant's withdrawn allegations, the conduct that remains alleged in the complaint, if any

The Title IX Coordinator shall determine whether to dismiss or investigate any complaint of sex discrimination, including sex-based harassment.  Upon dismissal, the Title IX Coordinator shall promptly notify the complainant of the dismissal and the reasons for the dismissal. Additionally, if the dismissal occurs after the respondent has been notified of the allegations, the Title IX Coordinator shall provide such notification to the respondent, which shall occur simultaneously to both parties if the notification is in writing. The Title IX Coordinator shall also inform the complainant, and the respondent if the dismissal occurs after the respondent has been notified of the allegations, of their right to appeal. Dismissals may be appealed on the following bases: (34 CFR 106.45) 

1. A procedural irregularity that would change the outcome 
2. New evidence that would change the outcome and that was not reasonably available when dismissal was made 
3. The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

 If the dismissal is appealed, the district shall: (34 CFR 106.45) 

1. Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent 
2. Implement appeal procedures equally for the parties.
3. Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint. 
4. Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations. 
5. Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome.
6. Notify the parties of the result of the appeal and the rationale for the result.

If a complaint is dismissed, the Title IX Coordinator or designee shall offer supportive measures as described above in "Supportive Measures" to the complainant. Additionally, the respondent shall be offered supportive measures if the complaint was dismissed because the complainant voluntarily withdrew any or all of the allegations in the complaint and the district determined that without the withdrawn allegations the conduct, even if proven, would not constitute sex discrimination, including sex-based harassment, under Title IX, or if the complaint was dismissed because the district determined, after taking reasonable efforts to clarify the allegations of the complaint, that the alleged conduct would not constitute sex discrimination, including sex-based harassment, even if proven. The Title IX Coordinator shall also take other appropriate prompt and effective steps to ensure that sex discrimination, including sex-based harassment, does not continue or recur within the district's education program or activity. (34 CFR 106.45) 5 

If a complaint is dismissed, the conduct may still be addressed under other applicable District policies.

Title IX Grievance/Investigation Procedure

Rights During The Investigation Process

The district shall provide for adequate, reliable, and impartial investigation of complaints. (34 CFR 106.45) During the investigation process, the district's designated investigator shall: (34 CFR 106.45) 

1. Provide an equal opportunity for the parties to present fact witnesses, and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible 
2. Review all evidence gathered through the investigation and determine which evidence is relevant and which evidence is impermissible regardless of relevance 
3. Provide each party with an equal opportunity to access evidence that is relevant, and not otherwise impermissible, to the allegations of sex discrimination, including sex-based harassment, by: 
   1. Providing an equal opportunity to access either the relevant and not otherwise impermissible evidence or an accurate description of such evidence If an accurate description is provided, the district shall, upon request of any party, provide the parties with an equal opportunity to access the relevant and permissible evidence. 
   2. Providing a reasonable opportunity to respond to the evidence or to the accurate description of the evidence 
   3. Taking reasonable steps to prevent and address the parties' unauthorized disclosure of information and evidence obtained solely through the grievance procedures 
4. Take reasonable steps to protect the privacy of parties and witnesses which do not restrict the ability of the parties to obtain and present evidence, including, by speaking to witnesses; consulting with family members, confidential resources, or advisors; or otherwise preparing for or participating in the grievance procedures 
5. Objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence, including that credibility determinations will not be based on a person's status as complainant, respondent, or witness
6. Exclude as impermissible the following types of evidence, and questions seeking that evidence: 
   1. Evidence that is protected under a privilege recognized by state or federal law or evidence that is provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege 
   2. A party's or witness's records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the district obtains that party's or witness's voluntary, written consent for use in its grievance procedures 
   3. Evidence that relates to the complainant's sexual interests or prior sexual conduct, unless evidence about the complainant's prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant's prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment.

The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant's consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred. 

The district shall ensure that the decisionmaker is able to question parties and witnesses adequately to assess a party's or witness's credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment. (34 CFR 106.45) 

If the complaint is against an employee, rights conferred under an applicable collective bargaining agreement shall be applied to the extent they do not conflict with the Title IX requirements. 

The investigator shall complete the investigation within a reasonable time period. 

Notice of Allegations (NOA)

If the district initiates a formal Title IX investigation, the Title IX Coordinator or designee shall provide the known parties with written notice of the following: (34 CFR 106.45) 

1. The district's complaint process, including any informal resolution process.
2. Sufficient information, available at the time, to allow parties to respond to the allegations, including, to the extent available, the identity of parties involved in the incident(s), the conduct allegedly constituting sex discrimination, including sex-based harassment, and the date(s) and location(s) of the alleged incident Such notice shall be provided with sufficient time for the parties to prepare a response before any initial interview. If, during the course of the investigation, new Title IX allegations arise about the complainant or respondent that are not included in the initial notice, the Title IX Coordinator shall provide notice of the additional allegations to the parties. 
3. A statement that retaliation is prohibited.
4. A statement that the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of such evidence, as specified.

The NOA may also include the name of the investigator, facilitator of an informal process, and decisionmaker and shall inform the parties that, if at any time a party has concerns regarding conflict of interest or bias regarding any of these persons, the party should immediately notify the Title IX Coordinator or designee.

Pathway A: Formal Grievance Procedure (Investigation)

During the Initial Title IX Evaluation, Complainants will have the opportunity to share which pathway they wish to proceed with. Should the matter proceed to an investigation, that process is outlined below: 

1. Investigator Assigned: The District shall assign an impartial Investigator to gather all relevant and not otherwise impermissible information and evidence.  
2. Investigation: During this investigation stage, all Parties will have an equal opportunity to be interviewed and to provide evidence in their defense. 
3. Findings & Determination: Upon conclusion of the investigation, the District shall assign an impartial Decision-Maker to determine if District policy has been violated.  The Decision-Maker can be the same person who investigated. The determination will be made based on the preponderance of evidence standard which requires that it is more likely than not that District policy was violated based on the available evidence
4. Outcome Letter: The Superintendent shall designate an employee as the decisionmaker to determine responsibility for the alleged conduct, who may be the Title IX Coordinator or designee or the investigator so long as there is no conflict of interest or bias. (34 CFR 106.45) Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the district shall: (34 CFR 106.45) 
   1. Use the preponderance of the evidence standard of proof to determine whether sex discrimination, including sex-based harassment, has occurred 
   2. Notify the parties in writing of the determination of whether sex discrimination, including sex-based harassment, occurred, including a summary of the relevant evidence. 
   3. Include corrective actions, if applicable. 
   4. The notification shall include the rationale for such determination and the procedures and permissible bases for the complainant and respondent to appeal, if applicable.
5. Appeal Rights: The Determination Letter will also provide information about the Parties’ rights to appeal, the grounds for appeal, the steps to take to request an appeal, and the timeline for filing appeals and finalizing any determination

Pathway B: Informal Resolution (no full investigation)

 At any time prior to determining whether sex discrimination, including sex-based harassment, occurred under the complaint procedures specified in 34 CFR 106.45, the district may offer an informal resolution process to the complainant and respondent. The Title IX Coordinator is responsible for determining whether informal resolution is appropriate, on a case by case basis. 

However, the district shall not offer an informal resolution process if the complaint alleges that an employee engaged in sex-based harassment of an elementary or secondary school student or that such process would conflict with federal, state, or local law. (34 CFR 106.44) 

The district shall not require or pressure a party to participate in the informal resolution process, or to waive the right to an investigation and determination of a complaint as a condition of participation in the district's education program or activity, or exercise of any other right. The district may decline to offer an informal resolution process including, but not limited to, when the district determines that the alleged conduct would present a future risk of harm to others. (34 CFR 106.44) 

The district may facilitate an informal resolution process provided that the district, prior to initiating such process: (34 CFR 106.44) 

1. Provides the parties with written notice disclosing the allegations; the requirements of the informal resolution process; the right to withdraw from the informal process and resume the formal complaint process; the inability to initiate or resume complaint procedures arising from the same allegations once the informal resolution process is concluded; the potential terms that may be requested or offered in an informal resolution agreement, including that the agreement would only be binding on the parties; and the information that the district will maintain and whether and how the district could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed 
2. Obtains the parties' voluntary consent to the informal resolution process 
3. Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student

Informal Resolution methods include:

• Mediated Restoration: When the Parties are able to resolve the concerns raised by the Complaint through a mutually agreed upon plan to address any harm caused by the alleged conduct with restorative actions that may include, but are not limited to: written apology letters or reflections, impact statements, and/or community service.  Mediated restoration is facilitated by an unbiased Informal Resolution Facilitator and does not require Parties to engage in face-to-face interaction.  
• Educational Action:  When the Parties are able to resolve the concerns raised by the Complaint through a plan to provide targeted education to individuals and/or groups of students with the aim of preventing any possible future harm through the development of necessary knowledge and skills related to topics such as: boundaries, consent, healthy relationships, sexual harassment, etc. 
• Supportive Resolution:  When the Parties are able to resolve the concerns raised by the Complaint through plans to provide targeted supportive measures to each individual involved. 
• Accepted Responsibility:  When the Respondent is willing to accept responsibility for the alleged conduct and agrees to the appropriate disciplinary sanctions according to District policy and California Education Code.  
• Alternative Resolution:  When the Parties are able to resolve the concerns raised by the Complaint by addressing concerns related to context of the alleged incident; for example when the Parties’ concerns are primarily related to: supervision of students, staff training, parent communication, incident response, etc. 

When Informal Resolution is agreed upon, the Title IX Coordinator or designee will implement the following steps: 

1. The Title IX Coordinator or designee will assign an impartial Informal Resolution Facilitator who is not the same person as the Investigator. The Title IX Coordinator may also serve as Informal Resolution Facilitator. 
2. The Informal Resolution Facilitator will invite each Party to participate in an interactive discussion outlining their goals for resolving the matter, the needs they feel must be addressed by any resolution, and the actions they believe necessary to resolve their concerns. Each Party will have equal opportunity to provide input on the terms of the Informal Resolution agreement.  Parties will not be required to engage directly with each other at any time during the Informal Resolution process 
3. The Informal Resolution Facilitator will provide each Party with a draft of the Informal Resolution agreement and at least five (5) business days to review and comment on the draft.  Both Parties will receive equal opportunity to review the draft. 
4. The Informal Resolution Facilitator will issue a written Informal Resolution Closing Letter, which will officially end the Title IX Complaint and provide all Parties with information regarding their rights.  The Informal Resolution Agreement will be attached.  All Outcome Letters shall include:
   • A summary of the allegations;
   • A description of the procedural steps taken to address and resolve the Complaint
   • An outline of the remedial actions agreed upon by all Parties to resolve the Complaint;
   • A statement prohibiting retaliation; and
   • Any relevant information regarding appeals and/or the District’s response to any future alleged misconduct whether related or unrelated to the original Complaint.
5. The Title IX Coordinator or designee will coordinate the implementation of the terms of the Informal Resolution Agreement and monitor to ensure all Parties and relevant District bodies comply with the terms as outlined. 

Other Complaints of Sexual Harassment

All reports and Complaints of sexual harassment will be addressed.  Any reports or Complaints of unwanted conduct on the basis of sex that do not fall under Title IX will be addressed according to the procedures below:

1. Parents/guardians will be notified of the allegations and the fact that the alleged conduct was unwanted and that it occurred on the basis of sex. 
2. Supportive measures will be offered to all students involved in the report/Complaint.
3. An appropriate District employee will be assigned to resolve the Complaint in a manner that is appropriate to the circumstances of the Parties and the alleged conduct.  The District may consider: 
   • The severity of the conduct.  Note that all alleged conduct deemed “severe” will be referred to the Title IX grievance procedures.
   • The age of the students involved in the conduct.
   • The degree of harm caused by the alleged conduct. 
   • The willingness of the Parties to resolve the Complaint without additional due process protections. 
4. All resolutions will:
   • Treat all Parties equitably and to resolve the concerns raised by the Complaint in a reasonably prompt time frame.
   • Provide the Respondent with an opportunity to be interviewed, provide a statement, and/or present witnesses or evidence on their behalf.
   • Determine corrective actions that will prevent the conduct from recurring.  Possible corrective actions may include, but are not limited to:
     • Temporary removal of privileges
     • Restricted or accommodated access to school spaces or activities, ie: recess, hallways, cafeteria, etc. 
     • Behavior contract/plan
     • Participation in educational or restorative action
     • Suspension
   • Provide parents/guardians with notice of the report/Complaint and its resolution. 

Consolidation of Complaints

The district may consolidate complaints of sex discrimination, including sex-based harassment, against more than one respondent; by more than one complainant against one or more respondents; or by one party against another party, when the allegations of sex discrimination, including sex-based harassment, arise out of the same facts or circumstances. (34 CFR 106.45)

Extension of Timelines

Any timelines specified in this administrative regulation may be extended by the district for good cause, with written notice to the parties. The written notice shall specify the reasons for the extension. (34 CFR 106.45)

Supportive Measures

The District shall promptly offer and implement appropriate and reasonable supportive measures to all Parties involved in any report of sexual discrimination or sexual harassment.  Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available.  They are offered to restore or preserve access to the District’s education program or activity, including measures designed to protect the safety of all Parties, and/or the learning environment, and/or to deter any future discrimination, harassment, or retaliation.  The District will act to ensure that no party is unreasonably burdened by the supportive measures and that any impacts are as minimal as possible.  The District will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures, and will maintain the confidentiality of the supportive measures to the extent possible without impairing the District’s ability to provide those supportive measures.  

Supportive measures may include, but are not limited to:

• Referral to Wellness services or the District’s Employee Assistance Program
• Referral to community-based services providers
• Academic counseling
• Educational opportunities for individuals, groups, or the school community
• Changes to students’ schedules and/or classroom assignments
• Increased or adjusted supervision plans
• Individual safety plans
• No contact orders
• Academic accommodations (such as deadline extensions, tutoring, or other supports that address any academic impacts of the alleged conduct)
• Any other actions deemed appropriate by the Title IX Coordinator

Parties will have the opportunity to adjust, add to, or terminate supportive measures applicable to them if circumstances change materially.  

Violations of no-contact orders or other restrictions implemented as supportive measures may be referred to appropriate student or employee conduct processes for follow-up.  Disciplinary action may be taken as appropriate. 

If the Parties are unsatisfied by the supportive measures offered to them, they are provided with a timely opportunity to seek modification or reversal of the District’s decision to provide, deny, modify, or terminate supportive measures.  A request to do so may be made to the District’s Title IX Coordinator.  An impartial employee other than the employee who implemented the supportive measures will determine whether to partially or completely grant the Party’s request

Title IX Advisors

In all complaint resolution pathways, all Parties are equally entitled to have an Advisor present with them for all meetings or interviews related to the proceedings.  The Parties may select whomever they wish to serve as their Advisor, including a friend, mentor, family member, attorney, or any other individual the Party chooses, as long as the Advisor is eligible and available.  Parties are entitled to have an Advisor present in addition to their parent(s)/guardian(s).

The Title IX Coordinator or designee may assign any Party an Advisor upon the Party’s request.  If an Advisor is a District employee, they must demonstrate that they have no conflict of interest that might interfere with the prompt, thorough, and fair resolution of the Complaint, with the implementation of supportive measures, or with any Party or Witnesses’ participation in the District’s education program or activity.  

Advisors should help the Parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.  Advisors may not provide testimony or speak on behalf of the Party unless given specific permission to do so.  Parties are expected to ask and respond to questions on their own behalf through all resolution processes.  Although the Advisor generally may not speak on behalf of the Party, the Advisor may consult with the Party, either privately as needed, or be conferring during any resolution process meeting or interview.  

Advisors are entitled to the same opportunity as the Party to access relevant evidence or any report that summarizes the evidence.  Advisors are expected to maintain the confidentiality of the records the District shares with them.  Advisors are prohibited from disclosing any information from or sharing any documents provided by the District as part of the resolution process, unless explicitly authorized by the District.  The District may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the District's confidentiality expectations.  Any Advisor who oversteps their role as defined by this Policy, who shares information or evidence in a manner that is inconsistent with this Policy, or who refuses to comply with this Policy may be asked to step down in their role as Advisor.  If an Advisor is employed by the District and they fail to meet the expectations described above, appropriate disciplinary action may be taken.   

Retaliation

Title IX and Board Policy 5145.7 prohibits retaliation against any individual who files a Report or Complaint or participates in any investigation process. Retaliation exists when anyone associated with the District, be it a student, employee, or any person authorized by the District to provide an aid, benefit or service relating to the District’s educational program or activity, takes an adverse action for the purpose of interfering with any right or privileged secured by law or Policy, including participating or refusing to participate in any resolution procedures associated with these Administrative Regulations.  Protected activities include:

• Filing a Report or Complaint of sex discrimination or sexual harassment,
• Testifying or providing information or evidence relating to an allegation of sex discrimination or sexual harassment,
• Acting as an Advisor or otherwise assisting any person involved in a resolution procedure, and
• Refusing to participate in a resolution procedure.

Acts of retaliation may include but are not limited to:

• Intimidation,
• Threats,
• Coercion, and
• Discrimination. 

Any person who feels they have been the victim of retaliation is encouraged to report that retaliation to their principal or the Title IX Coordinator immediately.  Appropriate disciplinary action will be taken by anyone found to be engaging in or encouraging acts of retaliation. 

The exercise of rights protected under the First Amendment does not constitute retaliation.  It is also not retaliation for the District to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution.  

Appeal of the Decision

Either party may appeal the district's decision of a complaint or any allegation in the complaint. (34 CFR 106.45)  The Title IX Coordinator will designate an impartial Appeal Officer who is not the Title IX Coordinator, Investigator, or Decision-Maker to review any appeals. 

Parties may file an Appeal on the following basis:

1. A procedural irregularity that would change the outcome;
2. New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility or dismissal was made; and
3. The Title IX Coordinator or designee, Investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally of the specific Complainant or Respondent that would change the outcome.

Any party may submit a written request for appeal to the Office of Equity within five (5) business days of receiving the determination letter.  The request for an appeal will be forwarded to the Appeals Officer for consideration and to determine if the request meets the grounds for appeal listed above. If the request does not meet any of the grounds listed above, it will be denied and the Parties and their Advisors will be notified in writing of the denial and the rationale. 

If the request for appeal meets any of the grounds listed above, then the Appeals Officer will notify the Parties and their Advisors.  All other Parties and their Advisors, and as appropriate the Title IX Coordinator, Investigator, and/or Decision-Maker, will be given five (5) business days to submit a response to the appeal.  

An appeal may be granted or denied.  Appeals that are granted will typically be remanded to the original Investigator and/or Decision-Maker with corrective instructions for reconsideration.  In circumstances where the error cannot be corrected by the original Investigator and/or Decision-Maker, the Appeals Officer may order a new investigation and/or a new determination.  

A Notice of Appeal Outcome letter will be sent to all Parties simultaneously or without a significant time delay between notifications.  The Appeal Outcome letter will specify the finding on each ground for appeal, any specific instructions for reconsiderations, and any sanctions that may take place as a result of the appeal outcome.  

Any sanctions mandated in the original determination are not implemented during the appeal process.  Supportive measures may be maintained or reinstated until the appeal determination is made. 

Either party has the right to file a complaint with the U.S. Department of Education's Office for Civil Rights within 180 days of the date of the most recently alleged misconduct. 

 Remedies 

When there is a determination that sex discrimination, including sex-based harassment, has occurred, the Title IX Coordinator shall coordinate the provision and implementation of remedies to the complainant and other persons the district identifies as having had equal access to the district's education program or activity limited or denied by sex discrimination, including sex-based harassment; coordinate the imposition of any disciplinary sanctions on a respondent described in "Corrective/Disciplinary Actions" below, including notification to the complainant of any such disciplinary actions; and take other appropriate prompt and effective steps to ensure that sex discrimination, including sex-based harassment, does not continue or recur within the district's education program or activity. (34 CFR 106.45)

Corrective/Disciplinary Actions

The Decision-Maker shall determine the appropriate corrective actions for any violation(s) of this Policy, which shall be communicated in writing in the Determination Letter.  All corrective actions will seek to address the specific concerns raised by the Complaint through an individualized and meaningful plan to hold students accountable, provide appropriate education and learning experiences, and/or facilitate restoration between the student(s) and other community members.  

The district shall not impose any disciplinary sanctions or other actions against a respondent, other than supportive measures as described above in the section "Supportive Measures," until the complaint procedure has been completed and a determination of responsibility has been made. (34 CFR 106.44, 106.45) 

For students in grades 4-12, discipline for sexual harassment may include suspension and/or expulsion. After the completion of the complaint procedure, if it is determined that a student at any grade level has committed sexual assault or sexual battery at school or at a school activity off school grounds, the principal or Superintendent shall immediately suspend the student and shall recommend expulsion. (Education Code 48900.2, 48915)

When developing a plan for corrective actions, the Decision-Maker will consider the following:

• The nature, severity of, and circumstances surrounding the violation(s),
• The Respondent’s disciplinary history,
• The need for corrective actions to bring an end to the discrimination or harassment,
• The need for corrective actions to prevent future recurrence of discrimination or harassment,
• The need to remedy the effects of the discrimination or harassment,
• The impact on the Parties and/or the educational community, and
• Any other information deemed relevant by the Decision-Maker.

Corrective actions may include, but are not limited to:

• Educational projects,
• Restorative actions,
• Positive behavior contracts,
• Restrictions or removals from activities, organizations, privileges, and/or roles, as permitted by law
• Suspension for up to 5 days, and
• Expulsion.

Failure to abide by the terms outlined or the corrective actions imposed by the date specified, may result in additional corrective actions, including suspension or expulsion.  If any Respondent is in need of additional support in order to comply with the terms or corrective actions imposed, they may contact the District Title IX Coordinator. 

In addition to corrective actions, long-term supportive measures may be enacted to further remedy harm and prevent recurrence.  These long-term supportive measures may include, but are not limited to:

• Referrals to in-school or community-based counseling and/or health services;
• Adjustments to course schedules or school placements (in the event of a voluntary safety transfer);
• Individual, small group, or large group education and intervention;
• Adjustments to school supervision and safety plans;
• Climate surveys;
• Additional training, staff supervision, coaching and/or support;
• Provision of long-term contact limitations between Parties; and
• Academic accommodations to address any learning gaps or disparate outcomes as a result of the sex discrimination or sexual harassment. 

In some cases, the above measures may be enacted even when no policy violation has been found. 

When an employee is found to have committed sex discrimination, including sex-based harassment, or retaliation, the district shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement. 

The district shall not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the district's determination of whether sex discrimination, including sex-based harassment, occurred. (34 CFR 106.4)

Record Keeping

 The Superintendent or designee shall maintain, for at least a period of seven years: (34 CFR 106.45

1. For each complaint of sex discrimination, including sex-based harassment, records documenting any informal resolution process or formal investigation procedures 
2. For each notification the Title IX Coordinator or designee receives of information about conduct that reasonably may constitute sex discrimination under Title IX, including sex-based harassment, records documenting the actions taken to fulfil the district's obligations as specified in 34 CFR 106.44, including supportive measures offered and implemented 
3. All materials used to train district employees; the Title IX Coordinator and designee(s); investigator(s), decisionmaker(s), and other person(s) who are responsible for implementing the district's grievance procedures or have the authority to modify or terminate supportive measures; and any person who facilitates an informal resolution process.

The district shall make such training materials available upon request by members of the public. 

Alleged Conduct That Occurred Before August 1, 2024

This policy is only applicable to alleged incidents of sex discrimination and sexual harassment occuring on or after August 1, 2024.  For incidents of sexual harassment that occurred prior to August 1, 2024, the policy and procedures at the time of the alleged incident apply.  

Mandatory Reporting Requirements

District employees who have reasonable suspicion of child abuse, including sexual abuse, sexual harassment, and/or sexual assault, shall immediately report that suspicion pursuant to Penal Code 11165.7 and Board Policy 5141.4.  A report shall be made regardless of the identity of the accused person, including reports in which the accused person is a District employee, student, or any other third-party. 

Additional Definitions

Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment or sex discrimination, as defined by Title IX and this policy.

Respondent: An individual who has been reported to have performed conduct that could constitute sexual harassment and/or sex discrimination, as defined by Title IX and this poli

Consent: Consent is defined as knowing, voluntary permission through words or actions to engage in sexual activity.  Individuals may perceive and experience the same interaction in different ways.  Therefore it is the responsibility of all parties to determine that the other has consented before engaging in the activity.  Consent is evaluated from the perspective of what a reasonable person of the same age in the same situation, including the context in which the alleged misconduct occurred and any previous patterns that may be relevant, would understand as permission.  Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated.  If consent is withdrawn, sexual conduct should cease within a reasonably immediate time.  Silence or the absence of resistance alone should not be interpreted as consent, however, while resistance is not required or necessary, it is a clear demonstration of non-consent.   

Consent cannot be gained by force or coercion.  Force is the use of physical violence and/or physical imposition to gain sexual access.  Force also includes threats and intimidation that is intended to overcome resistance or produce consent.  Coercion is unreasonable pressure for sexual activity.  Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary.  If someone has clearly indicated they do not want to engage in a sexual activity, continued pressure to engage beyond that point can be coercive.  Coercion is based on the frequency, intensity, isolation, and duration of the pressure involved. 

Consent can also not be granted when a person is incapacitated.  Incapacitation is a state where a person is incapable of giving consent.  An incapacitated person cannot make rational, reasonable, decisions because they lack the capacity to give knowing/informed consent (ie: to understand the “who, what, when, where, why, and how” of their sexual interaction).  A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including because of alcohol or other drug consumption.  Incapacity may also result from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.  If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of this Policy.  “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment. A minor is never capable of consenting to sexual conduct with an adult.    

Education Program or Activity:  District jurisdiction in Title IX matters includes locations, events, or circumstances in which the District has substantial control over both the Respondent and the context.  Jurisdiction under these regulations also extend to any situation or circumstance under which the District exercises disciplinary authority.  

Informal Resolution: A voluntary, alternative process to investigating the allegations made in the Title IX Complaint. Informal Resolution resolves Title IX Complaints with input from both the Complainant(s) and Respondent(s) by mediated restoration, educational action, supportive resolution, accepted responsibility, and/or alternative resolution.

Inquiry:  Initial collection of information by the Title IX Coordinator or designee that clarifies the alleged conduct, the circumstances under which that conduct took place, and any other details that may be necessary to determine if the allegations fall under Board Policy 5145.7 and these regulations.

Investigation: Comprehensive collection of all relevant evidence and information by an Investigator with the goal of determining if any Board policy has been violated on the basis of the evidence.  

Supportive Measures:  Non-disciplinary, non-punitive individualized services offered to the Complainant and/or the Respondent in order to preserve or restore equal access to the educational program or activity.  Supportive measures must be offered as appropriate and reasonably available to both parties and cannot unreasonably benefit or burden any student.  All supportive measures will remain confidential to the extent that doing so will not impair the District’s ability to implement supports. 

Sex: Sex refers to the physical differences between people who are male, female, or intersex. A person typically has their sex assigned at birth based on physiological characteristics, including genitalia and chromosome composition. 

Gender: Gender is defined 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.” (5 CCR Section 4910(k))

Gender Expression: Gender expression means a student's gender-related appearance and behavior, whether stereotypically associated with the student's assigned sex at birth. (Education Code 210.7)

Gender Identity: Gender identity of a student means the student's gender-related identity, appearance, or behavior as determined from the student's internal sense of their gender, whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the student's physiology or assigned sex at birth.

Gender-Nonconforming: Gender non-conforming student means a student whose gender expression differs from stereotypical expectations.

Gender Transition: Gender transition refers to the process in which a student changes from living and identifying as the sex assigned to the student at birth to living and identifying as the sex that corresponds to the student’s gender identity. 

Intersex: Intersex student means a student with natural bodily variations in anatomy, hormones, chromosomes, and other traits that differ from expectations generally associated with female and male bodies.

Transgender: Transgender student means a student whose gender identity is different from the student's assigned sex at birth.

Nonbinary: Nonbinary student means a student whose gender identity falls outside of the traditional conception of strictly either female or male, regardless of whether or not the student identifies as transgender, was born with intersex traits, uses gender-neutral pronouns, or uses agender, genderqueer, pangender, gender nonconforming, gender variant, or such other more specific term to describe their gender.   

Evidence: 

• Relevant evidence is that which may aid in determining whether the allegation occurred, or whether the behavior constitutes a violation of Policy.  
• Impermissible evidence is defined as evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless (1) evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct, or (2) is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent