Nondiscrimination and Harassment
The Ukiah Unified School District is committed to providing equal opportunity for all individuals in district programs and activities. District programs and activities shall be free from unlawful discrimination, including discrimination against an individual or group based on race, color, age, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, pregnancy, childbirth, termination of pregnancy, or lactation, including related medical condition and recovery, parental, family, or marital status, reproductive health decision making, physical or mental disability, medical condition, sex, sexual orientation, gender identity, gender expression, veteran or military status, or genetic information; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics or association with a person or group with one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.
Prohibited Discrimination
State and federal laws prohibit discrimination and ensure equality in education. Please refer to Board Policies 0410, 4030, 4119.11/4219.11/4319.11, 5145.3, and 5145.7 and Administrative Regulations 4030, 4119.11/4219.11/4319.11, 5145.3, and 5145.7 for more information on the District’s anti-discrimination policies.
Prohibited Sex Discrimination, Including Sexual Harassment
Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that prohibits discrimination on the basis of sex in all educational programs and activities, including athletic programs. (20 U.S.C § 1681 et seq.) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity operated by the District. Title IX protects all participants in the District’s educational programs and activities, including students, parents, employees, and job applicants. The District does not discriminate on the basis of sex. Discrimination on the basis of sex can include sexual harassment and sexual violence.
The California Education Code also prohibits discrimination on the basis of sex in schools. (California Education Code §§ 220-231.6.)
Sex discrimination includes treating an employee differently based on the employee’s sex; sexual orientation; gender; gender identity; gender expression; pregnancy, childbirth, termination of pregnancy, or lactation, including related medical conditions and recovery; parental, family, or marital status; or the student’s association with a person or group with one or more of these actual or perceived characteristics.
Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions: (California Education Code § 212.5; 5 CCR 4916)
- Submission to the conduct is explicitly or implicitly made a term or condition of an individual's academic status or progress.
- Submission to, or rejection, of the conduct by the individual is used as the basis for academic decisions affecting the individual.
- The conduct has the purpose or effect of having a negative impact on the individual's academic performance, or of creating an intimidating, hostile, or offensive 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 District.
Under Title IX of the Education Amendments of 1972, the following conduct constitutes sexual harassment: (34 CFR 106.3)
- Quid Pro Quo Harassment: A District employee conditioning the provision of an aid, benefit, or service of the District on an individual's participation in unwelcome sexual conduct;
- Hostile Environment Harassment: Unwelcome sexual 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
Any prohibited conduct that occurs off campus or outside of school-related or school-sponsored programs or activities will be regarded as sexual harassment in violation of district policy if it has a continuing effect on a student's ability to participate in or benefit from district educational programs or activities.
- “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).
How Do I Report Allegations of Sex Discrimination, Including Sexual Harassment?
Students and employees who feel that they have been subjected to unlawful sex discrimination, including sexual harassment, are strongly encouraged to immediately contact the compliance officer, Title IX Coordinator, principal, or any other staff member.
Students who observe sex discrimination, including sexual harassment, are strongly encouraged to report the incident to the compliance officer, Title IX Coordinator, principal, or any other staff member, regardless of whether the student subjected to the discriminatory conduct reports the conduct.
Any school employee who witnesses an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall take immediate steps to intervene when safe to do so. (Education Code 234.1) Any district employee who learns of conduct that reasonably may constitute sex discrimination must notify the Title IX Coordinator.
Reports of sex discrimination, including discriminatory harassment, intimidation, or bullying, not covered by the definition of Title IX sexual harassment will be addressed in accordance with AR 4030, Nondiscrimination in Employment, or AR 1312.3, Uniform Complaint Procedure, as applicable. The determination of whether the allegations meet the definition of sexual harassment under Title IX will be made by the Title IX Coordinator.
Reports of Title IX sexual harassment will be addressed in accordance with AR 4119.12/4219.12/4319.12 and AR 5145.71, Title IX Sexual Harassment Complaint Procedures, as applicable.