East Side Union High School District

East Side Union High School District prohibits discrimination, harassment (including sexual harassment), intimidation and bullying in educational programs, activities, or employment on the basis of actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, immigration status, nationality, race or ethnicity, religion, sex, sexual orientation, parental, pregnancy, family or marital status, or association with a person or a group with one or more of these actual or perceived characteristics.  East Side Union High School District requires that school personnel take immediate steps to intervene when safe to do so when he or she witnesses an act of discrimination, harassment, intimidation, or bullying.

 

Questions or complaints of alleged discrimination, harassment, intimidation, and bullying or Title IX equity and compliance concerns should be directed to:

 

 

Clezel Sewell, Director of Equity and Compliance & Title IX Coordinator

(408) 347-5258

titleIXcoordinator@esuhsd.org

830 N. Capitol Avenue, San Jose, CA  95133

 

Section 504 Coordinator

Namrata Mohan, Coordinator Student Support Services 

(408) 347-5168

mohann@esuhsd.org

830 N. Capitol Avenue, San Jose, CA  95133

 

 

Under federal law, “Sexual Harassment” is defined as conduct, on the basis of sex, that satisfies one or more of the following (34 C.F.R. § 106.30):

 

Under California law, “Sexual Harassment” is defined as any unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome verbal, visual, or physical conduct of a sexual nature, whether it occurs between individuals of the same sex or individuals of opposite sex, under any of the following conditions (Ed. Code § 212.5; 5 C.C.R. § 4916; Gov. Code § 12940; 2 C.C.R. §§ 11029-11034):

 

 

• Unwelcome verbal conduct such as sexual flirtations or propositions; graphic comments about an individual’s body; overly familiar conversations; pressure for sexual activity; sexual jokes or stories; unwelcome sexual slurs, epithets, threats, or innuendoes; derogatory comments; sexually degrading descriptions; and/or the spreading of sexual rumors;

• Unwelcome visual conduct such as drawings, pictures, graffiti, or gestures; sexually explicit e-mails; and/or displaying sexually suggestive objects; or

• Unwelcome physical conduct such as massaging, grabbing, fondling, stroking, or brushing the body; touching an individual’s body or clothes in an overly familiar or sexual way; and/or cornering, blocking, leaning over, or impeding normal movements.

How do I file a Title IX Complaint?

 

Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et. seq. (Title IX) prohibits discrimination on the basis of sex in educational programs and activities that receive or benefit from Federal financial assistance. Generally, a school district may not excuse, deny or provide different or lesser services to applicants or beneficiaries on the basis of sex. Sex discrimination includes a hostile environment created by sexual harassment or sexual violence in the educational setting.   

 

Students, staff, community members, and guests of East Side Union High School District have the right to be free from all forms of sex/gender harassment, discrimination and misconduct, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence and stalking. All members of the district including community members and guests are expected to conduct themselves in a manner that does not infringe upon the rights of others. When misconduct is brought to an appropriate administrator’s attention, protective and other remedial measures will be used to reasonable ensure that such conduct ends immediately, is not repeated, and effects on the victim and community are remedied including serious sanctions when a responding party is found to have violated policies. 

 

Title IX Complaints follow the Uniform Complaint Procedures, District’s Administrative Regulation 1312.3 – Uniform Complaint Procedures and uses the preponderance of evidence as a standard for proof of whether a violation has occurred. 

 

If a formal complaint has been filed, the Title IX Coordinator shall provide the known parties with written notice of the following:

b.  The allegations potentially constituting sexual harassment with sufficient details known at the time, including the identity of parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident if known. Such notice shall be provided with sufficient time for the parties to prepare a response before any initial interview. If, during the course of the investigation, the district investigates allegations about the complainant or respondent that are not included in the initial notice, the Title IX Coordinator shall provide notice of the additional allegations to the parties.

 

c.  A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the complaint process.

 

d.  The opportunity for the parties to have an advisor of their choice who may be, but is not required to be, an attorney, and the ability to inspect and review evidence.

 

e.  The prohibition against knowingly making false statements or knowingly submitting false information during the complaint process.

 

These are just the initial steps and there are no timelines for these. Following these steps, the investigator interviews witnesses and creates a report summarizing relevant evidence but does not include a decision. At least 10 days prior to making a determination/decision, the District must send the investigator’s report to both parties and their advisors for their review and response.

 

After sending the investigative report to the parties and before reaching a determination regarding responsibility, the District must afford each party the opportunity to submit written, relevant questions that the party wants asked of any party or witness. The District must provide each party with the answers, and allow for additional, limited follow-up questions from each party.

 

The Decision Maker shall issue and simultaneously provide to both parties a written decision. The written decision shall be issued within 45 calendar days of the receipt of the complaint. The timeline may be temporarily extended for good cause with written notice to the complainant and respondent of the extension and the reasons for the action.

 

 

When a concern arises, based on the situation, different complaint procedures are followed. Appropriate personnel will investigate the complaint and work to resolve the issue in a timely manner. If the person making the complaint is not satisfied with the initial resolution to the complaint, he/she can appeal to the Superintendent.

Uniform Complaint Procedures Filing and Form

This form is used when a complaint is lodged against the following programs: Adult Basic Education, Consolidated Categorical Aid Programs (such as Chapter 1, Bilingual), Migrant Education, Vocational Education, Child Care and Development, Child Nutrition Services, and Special Education. 

 

 ______________________________________________________________________________________________________

This form is used when a complaint is lodged concerning the following areas: textbooks and instructional materials, facility conditions, teacher vacancy or misassignment.

Spanish/Espanol Form

 

This form is used when a member of the public is filing a formal complaint against a district employee. Contact the Principal at your student's school or the Director of Equity, Diversity, and Inclusion.

Under the Boy Scouts Act, no such public school, LEA or SEA that provides an opportunity for one or more outside youth or community groups to meet on school premises or in school facilities shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code as a patriotic society, that wishes to meet at the school.

 

 

• Title IX and the New Regulations
• The Roles and Responsibilities of District Administrators and Employees
• 12 Steps for an Effective Title IX Investigation