BOARD POLICY - 5145.7
The Board of Education is committed to maintaining a safe school environment that is free from harassment and discrimination. At school or at school-sponsored or school-related activities, sex discrimination and sex-based harassment targeted at any student, based on the student’s actual perceived sex; sex stereotypes; sex characteristics; sexual orientation; gender; gender identity; gender expression; pregnancy, childbirth, termination of pregnancy or lactation, including related medical conditions or recovery; and, parental, marital, and family status is prohibited.ÌýÌý
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Additionally, retaliatory behavior or action against any person who complains, reports, or testifies about conduct, or who supports a ComplainantÌý in allegingÌý sex discrimination, including sex-based harassment is prohibited.Ìý Retaliatory behavior or action against any person who refuses to participate in the complaint process established for the purpose of this policy is also prohibited. (Education Code 220.1; 34 CFR 106.71)Ìý
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The District strongly encourages students who feel that they are being discriminated against or have experienced sex discrimination, including sex-based harassment, on school grounds or at a school-sponsored or school-related activity, or off-campus when the conduct has a continuing effect on campus, to immediately contact their teacher, the principal, the District’s Title IX Coordinator, or any other available school employee.Ìý
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Any employee who receives a report or observes an incident of sex discrimination, including sex-based harassment, by or against a student in a District education program or activity shall report the incident to the Title IX Coordinator within one (1) workday.
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Once notified, the Title IX Coordinator shall ensure the complaint or allegation is addressed through Administrative Regulation 5145.71 - Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures.
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Title IX Coordinator
°ÄÃÅ¿ª½±Íø Executive Director, Secondary Education
5050 Barranca Parkway, Irvine, CA 92604
Phone: (949) 936-5063
The Title IX Coordinator shall offer and coordinate supportive measures to be provided to the Complainant.Ìý If the District has begun grievance procedures or offered an informal resolution process to the respondent,Ìý it shall also offer and coordinate supportive measures to be provided to the respondent, if deemed appropriate under the circumstances.
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The Superintendent or designee shall ensure that all District staff are trained regarding the District’s sex discrimination and sex-based harassment policy, and that all employees receive training related to their duties under Title IX as specified in Administrative Regulation 4119.11 Sexual Harassment - Employees. (34 CFR 106.8)Ìý
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The Superintendent or designee shall ensure that all District students receive age-appropriate information on sexdiscrimination and sex-based harassment. See Administrative Regulation 5145.7 Sex Discrimination and Sex-Based Harassment - Students.
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Upon completion of an investigation of sex discrimination and/or sex-based harassment, any student found to have engaged in sex discrimination, and/or sex-based harassment or sexual violence, in violation of this policy shall be subject to disciplinary action. For students in grades 4-12, disciplinary action may include suspension and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be taken into account.
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Upon investigation of sex discrimination and/or sex-based harassment, any employee found to have engaged in sex discrimination against, and/or sex-based sexual harassment or sexual violence toward any student shall be subject to disciplinary action, up to and including dismissal, in accordance with law and the applicable collective bargaining agreement.
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The Superintendent or designee shall maintain recordsÌýIin accordance with law, including in accordance with 34 CFR 106.8 and District policies and regulations, of all reported cases of sex-based harassment to enable the District to monitor, address, and prevent repetitive harassing behavior in District schools.
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Legal Reference:
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EDUCATION CODE
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200-262.4 Prohibition of discrimination on the basis of sex
220.1 Prohibition of retaliation related to educational equity
220.3 Prohibition of disclosure of information related to student’s sexual orientation, gender identity, or gender expression
220.5 Prohibition of policies requiring disclosure of information related to student’s sexual orientation, gender identity, or gender expression
35292.5 School restrooms; all-gender restrooms
48900 Grounds for suspension or expulsion
48900.2 Additional grounds for suspension or expulsion; sexual harassment
48904 Liability of parent/guardian for willful student misconduct
48980 Notice at beginning of term
48985 Notices, report, statements and records in primary language
49060-49079 Student records
CIVIL CODE
51.9 Liability for sexual harassment; business, service and professional relationships
1714.1 Liability of parents/guardians for willful misconduct of minor
GOVERNMENT CODE
12950.1 Sexual harassment training
CODE OF REGULATIONS, TITLE 5
432 Student records
4600-4670 Uniform complaint procedures
4900-4965 Nondiscrimination in elementary and secondary education programs
UNITED STATES CODE, TITLE 20
1092 Definition of sexual assault
1221 Application of laws
1232g Family Educational Rights and Privacy Act
1681-1688 Title IX of the Education Amendments of 1972
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UNITED STATES CODE, TITLE 34
12291 Definition of dating violence, domestic violence, and stalking
UNITED STATES CODE, TITLE 42
1983 Civil action for deprivation of rights
2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
CODE OF FEDERAL REGULATIONS, TITLE 34
99.1-99.67 Family Educational Rights and Privacy
106.1-106.82 Nondiscrimination on the basis of sex in education programs
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Policy Adopted: August 25, 1992
Policy Revised: January 12, 2016
Policy Revised: February 2, 2021
Policy Revised:Ìý August 27, 2024
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Administrative Regulation 5145.7 Sex Discrimination and Sex-Based Harassment – Students
Administrative Regulation 5145.71 Title IX Sexual Harassment Complaint Procedures
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