Stockton Unified School District

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

• 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;
• 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,
• “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 1229(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). These definitions are also available in AR 5145.7.

California Education Code section 212.5 defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:

• Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
• Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
• The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
• Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

California Education Code section 230 provides the legal definition of “Harassment and Other Discrimination on the Basis of Sex” as including but not being limited to the following practices: 

An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes using any one of the following tests:

If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.

• On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity.
• On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex.
• On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, “equivalent” means equal or equal in effect.
• On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.
• On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions
• Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.
• Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.
• Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion, whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program.

Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the District or the Office for Civil Rights (OCR). 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.

District Complaint: Title IX complaints may be filed using the District’s uniform complaint procedure AR 5145.71.

• Williams Uniform Complaint Form (E 1312.4)
• SUSD's Constituent Services Department - Uniform Complaint Procedures

Time Requirement: A complaint with the District must be filed within six (6) months of the discrimination occurring or your awareness of the discrimination. (5 CCR 4630(b).) Upon written request setting forth the reasons for an extension, the Superintendent or designee may extend the time for filing a discrimination complaint by up to ninety (90) days for a good cause. (5 CCR 4630(b).) If you have any questions about this time limit, or if you believe your complaint may be outside this time requirement but want to explore other options, please contact the Title IX Coordinator.

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 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 takes steps to prevent recurrence of any unlawful discrimination, harassment, or sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. The District’s procedure for investigating a Title IX complaint can be found in Administrative Regulation No. 1312.3. Please contact the Title IX Coordinator if you have any questions.

OCR Complaint

The complainant has a right to appeal the District’s decision to the California Department of Education’s Office of Equal Opportunity by filing a written appeal within 15 days of receiving the findings.  A discrimination complaint may also be filed directly with the U.S. Department of Education’s Office of Civil Rights.

Time Requirement: OCR requires complaints to be filed within 180 calendar days of the alleged discrimination. Please contact OCR, if you have any questions about this time requirement.

Investigation Procedure: Information regarding OCR’s investigation process.

For 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
Telephone: 415-486-5555
FAX: 415-486-5570
TDD: 800-877-8339
Email: ocr.sanfrancisco@ed.gov​​​​​​​

To file a police report, please contact SUSD Safety and Security and/or local law enforcement.

• SUSD Department of Public Safety
  640 N San Joaquin Street, Stockton, CA 95202
• Stockton Police Department
  If your incident is an emergency, call 911. If non-emergency call (209) 937-8377.
• San Joaquin County Sheriff’s Office
  Sheriff’s Office (209) 468-4400 (non-emergency) – when the crime occurred in unincorporated San Joaquin County.

1. Title IX Coordinator Training
2. Title IX Decision Maker Training
3. Title IX “Road to Compliance” training for School Principals and Assistant Principals

• Video: Sexual Harassment: Not In Our Schools
• Reporting Sexual Harassment | En Español
• Equal Rights Advocates
• Know Your IX
• Office for Civil Rights
• Gender Equity/Title IX – California Department of Education