Title IX: Sexual Harassment and Sexual Assault

��Ӱ�� Title IX

Title IX of the Education Amendments of 1972, often referred to as Title IX, is a federal civil rights law.

Title IX, which began with a focus on discrimination and ensuring equity in sports, includes a major focus on prevention of and response to incidents of sexual harassment and sexual assault.

What is Sexual Assault and Sexual Harassment?

Sexual Assault

Sexual assault is any unwanted sexual contact against any individual by force or without consent; or when a person cannot give consent (under the age of consent, intoxicated, developmentally disabled, mentally/physically unable to consent, etc.).

Sexual Harassment

Under Title IX, the term “sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

A. An employee of the district conditioning the provision of an aid, benefit or service on an individual’s participation in unwelcome sexual conduct;

B. Conduct that creates a “hostile environment,” meaning 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 education program or activity; or

C. “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.
12291(a)(8); or “stalking,” as defined in 34 U.S.C. § 12291(a)(30).

Sexual harassment is unwelcome behavior or communication that is sexual in nature when:

A student or employee is led to believe that he or she must submit to unwelcome sexual conduct or communications in order to gain something in return, such as a grade, a promotion, a place on a sports team, or any educational or employment decision, or
The conduct substantially interferes with a student?s educational performance, or creates an intimidating or hostile educational or employment environment.

Sexual Harassment Occurs When:

Submitting to the harasser’s sexual demands is a stated or implied condition of obtaining a work or educational opportunity or other benefit; or
Submission to or rejection of sexual demands is a factor in a work, school, or other SPS-related decision affecting an individual; or
Unwelcome sexual or gender-directed conduct or communication interferes with an individual’s performance or creates an intimidating, hostile or offensive environment.

This conduct may take many forms, including:

Making unwelcome, offensive or inappropriate sexually suggestive comments,
Gestures or jokes;
Standing too close,
Inappropriate touching,
Cornering, or stalking a person; or
Displaying offensive or inappropriate sexual illustrations on school property.

Know Your Rights

Title IX prohibits discrimination on the basis of sex in education programs and activities.

All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal funds must comply with Title IX.

For a statement describing the rights and responsibilities of victims of sexual harassment or those who are the subject of complaints, contact your school office or��

How to Get Help or File a Complaint

If you are not sure whether you should make a formal complaint, you can consult the Title IX Coordinator, Laura Cardinal, at 360-676-6455 or laura.cardinal@bellinghamschools.org. The Title IX coordinator can help you decide if any action needs to be taken and how best to address your situation.

If you believe that you or a BPS student or staff member has been sexually harassed or sexually assaulted, you can report the incident(s) to any school staff member or the district’s Title IX coordinator.

Anyone who believes that harassment, intimidation or bullying has occurred should report the behavior to a teacher, counselor, school nurse or school administrator. To report unresolved, severe or persistent harassment, you can:

Contact the administrator at the targeted student’s school.
Contact Student Services at the District Office by calling 360-676-6400.
Use the��system to report online, by text, or by phone.
Print and complete the  HIB��reporting form (3207F).

Supportive Measures

Supportive measures must be offered to the complainant, before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures may also be provided to the respondent. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available and without fee or charge to the complainant or respondent. Supportive measures should be designed to restore or preserve access to the district’s education program or activity without unreasonably burdening the other party.

Supportive measures may include:

A. An opportunity for the complainant to explain to the alleged harasser that their conduct is unwelcome, offensive or inappropriate either in writing or face-to-face;

B. A statement from a staff member to the alleged harasser that the alleged conduct is not appropriate and could lead to discipline if proven or repeated;

C. A general public statement from an administrator in a building reviewing the district sexual harassment policy without identifying the complainant;

D. Developing a safety plan;

E. Modifications of work or class schedules;

F. Mutual restrictions on contact between the parties;

G. Increased security and monitoring of certain areas of the campus or school building; or

H. Providing staff and/or student training

Title IX Coordinator

The ��Ӱ�� Public Schools’ Title IX coordinator must have knowledge of all Title IX requirements, the district’s policies and procedures on sex discrimination, and of all complaints throughout the district that raise Title IX Issues.

The Title IX coordinator’s core responsibilities include:

Tracking the district’s response to reports and complaints of sexual harassment
Determining the appropriate response and remedial actions
Identifying and addressing any patterns or systemic problems revealed by such reports and complaints.

Title IX Training

The federal regulations on Title IX require each covered school district or educational service agency to make publicly available on their websites all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.