Evergreen Union School District - Title IX & Gender-Based Harassment

Federal Title IX of the Education Amendments of 1972 (“Title IX”), implemented at 34 C.F.R. § 106.31, subdivision (a), provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives federal financial assistance. Relevant here, Title IX requires school districts to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

List of Student Rights

Student Rights

Education Code section 221.8 provides as follows:

The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), may be used by the department for purposes of Section 221.6:

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 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:

- Equipment and supplies.
- Scheduling of games and practices.
- Transportation and daily allowances.
- Access to tutoring.
- Coaching.
- Locker rooms.
- Practice and competitive facilities.
- Medical and training facilities and services.
- Publicity

You have the right to have access to an administrator to answer questions regarding gender equity laws.
You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
You have the right to file a confidential discrimination complaint with the United States Office for 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.
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.