It is the policy of the State of California that all persons, regardless of their gender, should enjoy freedom from discrimination of any kind in the educational institution of the state. The laws found in the California Education Code 221.5-231.5 are collectively known as the Sex Equity in Education Act. These laws expand upon gender equity and Title IX laws which provide guidance to California’s education system. Each Local Educational Agency (LEA) will be responsible for following the laws in addition to Title IX requirements.
Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that:“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”Title IX requires that each school district have at least one person designated as the Title IX Coordinator.
What is Title IX?
Title IX is a federal law that prohibits any educational institution that receives federal financial assistance (such as grants or student loans) from discriminating on the basis of sex.
Are all school districts and colleges covered by Title IX?
Generally, yes. All public school districts are covered by Title IX because they receive some federal financial assistance and operate education programs. All public colleges are covered because they receive assistance by participating in federal student aid programs.
Does Title IX only apply to students?
No. Title IX protects everyone who interacts with a school from discrimination, including parents and guardians, students, employees, and applicants.
What is sex based harassment?
Sex-based harassment can take multiple forms. Harassers can be students, school staff, or even someone visiting the school, such as a student or employee from another school. Sexual harassment (including sexual violence) is a form of sex-based harassment.
What is sexual harassment?
Sexual harassment refers to sex-based conduct that satisfies one or more of the following:
(1) quid pro quo harassment by an employee of an educational institution—meaning that an employee offers something to a student or other person in exchange for sexual conduct;
(2) unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity; or
(3) sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking (as defined in the Violence Against Women Act). Each of these categories of misconduct is a serious violation that jeopardizes a victim’s equal access to education.
Additional Resources
US Department of Education, regional office
Office for Civil Rights
50 Beale Street, Suite 7200
San Francisco, CA 94105
Phone: (415) 486-5555
TDD (877) 521-2172
US Department of Education, national office
Office for Civil Rights
Phone: (800) 872-5327
Office on Violence Against Women (OVW) | Domestic Violence
National Institute of Justice: Intimate Partner Violence
National Domestic Violence Hotline: 1-800-799-SAFE (7233)
Center for Disease Control: Intimate Partner ViolenceTitle IX Offense Regulatory Definitions
ATIXA Barrier Analysis Tool
Adult-Student Interaction Sample Policy
