Overview

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. The preamble of 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.” 

Every school or school district that receives federal funding is required to designate and/or adequately train at least one employee to coordinate the school's Title IX responsibilities. Please contact our Title IX Coordinators listed below to discuss any questions, concerns, or issues.

Definition of Discrimination and Harassment Based on Sex

California Education Code 230

For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

1. 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

2. 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.

3. 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.

4. An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations as that section exists on January 1, 2003, using any one of the following tests:

   1. Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.

   2. 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.

   3. Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), 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.

5. 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.

6. It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.

7. 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.

8. 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.

(Amended by Stats. 2003, Ch. 660, Sec. 1. Effective January 1, 2004.)

California Education Code 221.8

The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:

1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.

2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.

3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.

4. You have the right to apply for athletic scholarships.

5. You have the right to receive equitable treatment and benefits in the provision of all of the following:

   1. Equipment and supplies.

   2. Scheduling of games and practices.

   3. Transportation and daily allowances.

   4. Access to tutoring.

   5. Coaching.

   6. Locker rooms.

   7. Practice and competitive facilities.

   8. Medical and training facilities and services.

   9. Publicity.

6. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.

7. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.

8. You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.

9. You have the right to pursue civil remedies if you have been discriminated against.

10. You have the right to be protected against retaliation if you file a discrimination complaint.

(Added by renumbering Section 271 by Stats. 2015, Ch. 43, Sec. 3. (AB 1538) Effective January 1, 2016.)

Additional Resources

• U.S. Department of Education (ED) Office of Civil Rights (OCR): https://www2.ed.gov/about/offices/list/ocr/index.html

• California Department of Education (CDE) Office of Equal Opportunity: https://www.cde.ca.gov/re/di/or/oeo.asp

• CDE Gender Equity/Title IX: https://bit.ly/3dHyvLJ 

How to File a Complaint Under Title IX

Complaints pertaining to Title IX issues should be filed utilizing the procedures detailed below as found at the U.S. Department of Education's Office of Civil Rights.

"If you believe you have been discriminated or retaliated against on any of these bases by a covered entity, you may file a complaint using either the electronic complaint form or the fillable PDF complaint form linked at the bottom of this page. 

If you choose to file a complaint using either method, you will be asked to provide your name, address, and email address; the name and address of the person discriminated against; and the name and address of the entity you believe discriminated. 

You also will be asked which of the kinds of discrimination forms the basis for your complaint. You will need to provide a description of the conduct that you believe is discriminatory. 

By law, complaints of discrimination must ordinarily be filed within 180 days of the last act of discrimination. If your complaint involves matters that occurred longer ago than this and you are requesting a waiver, you will be asked to show good cause why you did not file your complaint within the 180-day period.

You will be asked whether you have tried to resolve the matter using a grievance procedure or by filing with another agency.

In addition to the complaint, a signed Consent Form may be required. When disclosure of the identity of the complainant is necessary in order to resolve the complaint, OCR will require written consent before proceeding. The complainant will be informed that the complaint will be closed if written consent is necessary in order to resolve the complaint and is not received within 20 calendar days of the date of the acknowledgement letter or the date the Consent Form is requested from the complainant. The signed Consent Form may be submitted to OCR by mail, fax, email (with a scanned attachment), or in person. 

When OCR has determined that consent is necessary in order to resolve the complaint and OCR has not received a signed Consent Form by the 15th calendar day of the date of the acknowledgment letter or the date the Consent Form is requested from the complainant, OCR will contact the complainant (e.g., by phone) to inform the complainant that the complaint will be closed if the signed Consent Form is not received within 5 calendar days. If OCR does not receive signed written Consent Form, the complaint will be dismissed, and the complainant informed in writing. 

A complainant on behalf of or regarding to another person(s) is responsible for securing any necessary written consent from that individual, including when a parent files for a student over the age of 18. Where the person is a minor (under the age of 18) or a legally incompetent adult, the Consent Form must be signed by that person’s parent or legal guardian. Parental or legal guardian consent may not be required for persons under the age of 18 if they are emancipated under state law and are therefore considered to have obtained majority. Proof of emancipation or incompetence must be provided. 

If you submit the completed electronic complaint form, it will be routed to the OCR office with authority to handle complaints in the state where the institution or entity you are complaining about is located. A staff person will contact you once your electronic complaint has been received and reviewed. 

If you select the fillable PDF complaint form, once you complete the complaint form and Consent Form, you should print them out, sign them; and mail them (or email scanned copies of the signed forms) to the Enforcement Office with authority for the state where the institution or entity you are complaining about is located. A staff person will contact you once your complaint has been received and reviewed. 

You may now continue to either the electronic complaint form or the fillable PDF complaint form, or you may return to the OCR Complaint Process page at

• Continue to Electronic Complaint Form- http://www.ed.gov/about/offices/list/ocr/complaintintro.html 

• Or Fillable PDF Complaint Form - https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf 

Complaints pertaining to Title IX issues should be filed utilizing the procedures detailed above as found at the US Department of Education” Office of Civil Rights. 

The OCR office for California is located at:

San Francisco Office 

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

The OCR National Headquarters is located at:

U.S. Department of Education 

Office for Civil Rights 

Lyndon Baines Johnson 

Department of Education Bldg 

400 Maryland Avenue, SW 

Washington, DC 20202-1100

Telephone: 800-421-3481 

FAX: 202-453-6012; TDD: 800-877-8339 

Email: OCR@ed.gov

Complaints pertaining to Title IX issues can also be filed utilizing the Uniform Complaint Procedures as identified in the California Code of Regulations, Title 5, Sections 4600 et seq.  For more information on the UCP complaints and appeals visit the CDE’s Uniform Complaint Procedures and Resolution of Discrimination/Harassment Complaint pages.