Policies & Regulations

Notice of Non-Discrimination

San José Unified School District prohibits discrimination, harassment (including sexual harassment), intimidation or bullying on the basis of actual or perceived age, sex, sexual orientation, gender, gender identity, gender expression, ethnic group identification, race or ethnicity, ancestry, immigration status, nationality, religion, marital, parental or family status, color, mental or physical disability, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics in its educational programs and activities or employment practices as required by Americans with Disabilities Act (ADA), Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Section 504 or the Rehabilitation Act of 1973, and the Vocational Education Act of 1976. The lack of English language skills will not be a barrier to admission and participation in the district’s programs. The Board will promote programs that ensure that any discriminatory practices are eliminated in all district activities. Any school employee who observes an incident of discrimination, harassment, intimidation, or bullying or to whom such an incident is reported must report the incident to the coordinator or principal, whether or not the victim files a complaint. When a school employee witnesses an act of discrimination, harassment, intimidation, or bullying, he or she should take immediate steps tointervene when it is safe to do so.

Students, parents, employees, or others who wish for further information about these regulations, or who wish to file a complaint, should contact the following persons:

For Title IX, discrimination or equity complaints involving students:
Director of Student Services/Student Title IX Coordinator, Darbi O’Connell (408) 535-6080,
.(JavaScript must be enabled to view this email address), 855 Lenzen Avenue, San José, CA 95126

For Title IX, discrimination or equity complaints involving staff:
Assistant Superintendent, Administrative Services, J. Dominic Bejarano, (408) 535-6139,  .(JavaScript must be enabled to view this email address), 855 Lenzen Avenue, San José, CA 95126

For Section 504 Compliance complaints involving students:
SJUSD 504 Coordinator, .(JavaScript must be enabled to view this email address), 855 Lenzen Avenue, San José, CA 95126

For facilities or other ADA complaints:
Director of Maintenance, Grounds, and Operations, Denny Pini, (408) 535-6000, .(JavaScript must be enabled to view this email address), 855 Lenzen Avenue, San José, CA 95126

View Board Policy 0410, revised December 13, 2018

Title IX: Gender Equity

Title IX of the Education Amendments of 1972 is a federal law prohibiting gender discrimination in any school receiving federal funds. The text of the law states: 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 educational program or activity receiving Federal financial assistance.

Please refer to Board Policies 6145 and 6145.2, revised January 14, 2014

List of Rights

Title IX of the Education Amendments of 1972 is a federal law prohibiting gender discrimination in any school receiving federal funds. The text of the law states: 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 educational program or activity receiving Federal financial assistance. The following list of rights are contained in ED CODE 221.8, 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.):

ARTICLE 4. Sex Equity in Education Act [221.5 - 231.5]

(Article 4 heading added by Stats. 1998, Ch. 914, Sec. 18. )

• You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
• You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
• You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
• You have the right to apply for athletic scholarships.
• 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.

• You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
• You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
• 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.
• You have the right to pursue civil remedies if you have been discriminated against.
• You have the right to be protected against retaliation if you file a discrimination complaint.

Additional Resources:

United States Dept of Education - Office of Civil Rights
California Dept. of Education – Office of Equal Opportunity

For Title IX, discrimination or equity complaints involving students:
Director of Student Services/Student Title IX Coordinator, Darbi O’Connell at 408-535-6080 ext. 13212 (.(JavaScript must be enabled to view this email address)), 855 Lenzen Avenue, San Jose, CA 95126

For Title IX, discrimination or equity complaints involving staff:
Assistant Superintendent, Administrative Services, Dominic Bejarano at (408) 535-6139 ext. 15015 (.(JavaScript must be enabled to view this email address)), 855 Lenzen Avenue, San Jose, CA 95126

Please refer to Board Policies 6145 and 6145.2, revised January 14, 2014

Transgender Policy

As stated above, the Board prohibits discrimination on the basis of gender, gender identity and gender expression. Gender is defined as a person’s actual sex or perceived sex and includes a person’s perceived identity, appearance or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with a person’s sex at birth. Gender expression is defined as a person’s gender-related appearance and behavior, whether or not stereotypically associated with the person’s assigned sex at birth.

Please refer to Board Policy 5145.3, revised March 15, 2018

Names and Pronouns

A student or his or her parents may request that the student be addressed by a name and pronoun corresponding to the student’s gender identity asserted at school. Students are not required to obtain a court ordered name and/or gender change or otherwise change their official records as a prerequisite to being addressed by the name and pronoun of their choice that corresponds to their gender identity.

The requested name and pronoun will be included in the district’s database in addition to the student’s legal name, in order to inform staff of the name and pronoun to be used when addressing the student. Information regarding the student’s preferred name should also be cross-referenced in his or her cumulative file and registration card, and may be included on the student’s identification card.

Official Records

The district maintains mandatory permanent pupil records which includes the legal name of the pupil, as well as the pupil’s gender. The district will change a student’s official records to reflect a change in legal name or gender upon receipt of documentation that the pupil’s legal name and/or gender have been changed pursuant to California legal requirements.

Restroom Accessibility

Schools may maintain separate restroom facilities for male and female students. A student will be permitted to use restroom facilities consistent with his or her gender identity, irrespective of the gender identity listed on the student’s official records. A student or his or her parents may also request that the student be permitted to use a single stall bathroom where one is available.

The use of either the restroom that corresponds to the student’s gender identity or a single stall bathroom will be a matter of choice for the student, and no student will be compelled to use either of these options.

Locker Room Accessibility

Schools may maintain separate locker room facilities for male and female students. A student will be permitted to use locker room facilities consistent with his or her gender identity, irrespective of the gender identity listed on the student’s official records.

A student or his or her parents may also request that other accommodations be made to afford the student additional privacy while changing clothes, including, for example, use of a restroom, office, or screened-off area or implementation of a separate schedule for changing. These accommodations will be considered on a case-by-case basis.

The use of a locker room corresponding to the student’s gender identity asserted at school will not be compelled, nor will it be denied.

Dress Codes

Students are permitted to dress in accordance with their gender identity asserted at school, within the constraints of the dress codes adopted by the district and/or their school site.

Sports and Physical Education Classes

Transgender and gender non-conforming students will be provided the same opportunity to participate in sports and physical education as other students. A student will be permitted to participate in sex-segregated physical education activities, athletic teams, and competitions, consistent with his or her gender identity, irrespective of the gender identity listed on the student’s official records.

All students participating in extra-curricular sports and activities will comply with all requirements for such participation, including supplying all required forms and releases.

Gender Segregation in Other Areas

In any other circumstances where students are separated by gender in school activities (e.g., class discussions), students will be permitted to participate in accordance with their gender identity asserted at school. Parents may request that other accommodations be made for their student when participating in overnight field trips and/or sex education instruction.

Filing a Complaint

Any student who feels that he/she is being harassed should immediately contact either the nondiscrimination coordinator or the principal or designee. If a situation involving harassment is not promptly remedied by the nondiscrimination coordinator, principal or designee, a complaint may be filed with the Superintendent or designee who will determine which complaint procedure is appropriate.

Sexual Harassment

The Governing Board is committed to maintaining a school environment that is free from harassment and discrimination. The Board prohibits sexual harassment of any student by another student, an employee or other person, at school or at a school-sponsored or school-related activity. The Board also prohibits retaliatory behavior or action against any person who complains, testifies, assists or otherwise participates in the complaint process established in accordance with this policy.

What is sexual harassment?

Sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, and other unwanted verbal, visual or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, when made on the basis of sex: (Education Code 212.5; 5 CCR 4916) included, but not limited to:

1. Unwelcome leering, sexual flirtations or propositions
2. Unwelcome Sexual slurs, leering, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions
3. Graphic verbal comments about an individual’s body, or overly personal conversation
4. Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures or computer-generated images of a sexual nature
5. Spreading sexual rumors
6. Teasing or sexual remarks about students enrolled in a predominantly single-sex class
7. Massaging, grabbing, fondling, stroking, or brushing the body
8. Touching an individual’s body or clothes in a sexual way
9. Purposefully cornering or blocking normal movements or any physical interference with school activities when directed at an individual on the basis of sex
10. Displaying sexually suggestive objects
11. Sexual assault, sexual battery, or sexual coercion

And/or under the following conditions:

1. Submission to the conduct is explicitly or implicitly made a term or condition of an individual’s academic status or progress.
2. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting a student.
3. The conduct has the purpose or effect of having a negative impact on the student’s academic performance, or of creating an intimidating, hostile or offensive educational environment.
4. Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through the school.

Complaint Process

• Any student who feels that he/she is being or has been subjected to sexual harassment on school grounds or at a school-sponsored or school-related activity (e.g., by a visiting athlete or coach) shall immediately contact a school employee.  A school employee to whom a complaint is made shall, within 24 hours of his/her getting the complaint, report it to the principal. 
• Any school employee who observes any incident of sexual harassment on any student shall similarly report his/her observation to the principal, whether or not the victim makes a complaint. If the alleged harasser is the principal, the employee may report the complaint or his/her observation of the incident to the Superintendent or designee who shall investigate the complaint.
• The Superintendent or designee shall ensure that any complaints regarding sexual harassment are immediately investigated in accordance with administrative regulation.
• When the Superintendent or designee has determined that harassment has occurred, he/she shall take prompt, appropriate action to end the harassment and to address its effects on the victim.
• The principal or designee to whom a complaint of sexual harassment is reported shall immediately investigate the complaint.
• Where the principal or designee finds that sexual harassment occurred, he/she shall take prompt, appropriate action to end the harassment and address its effects on the victim.
• The principal or designee shall also advise the victim of any other remedies that may be available. 
• The principal or designee shall file a report with the Superintendent or designee and refer the matter to law enforcement authorities, where necessary.
• In addition, the student may file a formal complaint with the Superintendent or designee in accordance with the district’s uniform complaint procedures. Information gathered in the course of investigating a sexual harassment complaint shall be kept confidential to the extent possible.