The Board of Education has been elected by the community to provide leadership and citizen oversight of the district. The Board shall ensure that the district is responsive to the values, beliefs, and priorities of the community. PUSD, as a district, is determined to serve the identified needs of all its students as part of its commitment to both equity and providing rigorous learning opportunities to all students to assist them to achieve their highest potential. Following a data driven and results-based approach, the Governing Board supports a cycle of inquiry approach of continual improvement. The program update to the Board will be guided by the cycle of inquiry and the essential questions:  What is the need? What are the goals? What are we using to measure progress? What are the results?

The Board of Education is committed to maintaining an educational environment that is free from discrimination, harassment, intimidation and bullying.  The Board prohibits, at school or at school-sponsored or school-related activities, sexual harassment targeted at any student by anyone.  The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist or otherwise participate in the complaint process established pursuant to this policy and the administrative regulation.

Policy 5145.7: Sexual Harassment

The complaint procedures described in this administrative regulation shall be used to address any complaint governed by Title IX of the Education Amendments of 1972 alleging that a district employee, while in an education program or activity in which a district school exercises substantial control over the context and respondent, was subjected to one or more of the following forms of sexual harassment:  (34 CFR 106.30, 106.44)

1. A district employee conditioning the provision of a district aid, benefit, or service on a person's participation in unwelcome sexual conduct
    
2. 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 district's education program or activity
    
3.  Sexual assault, dating violence, domestic violence, or stalking as defined in 20 USC 1092 or 34 USC 12291

All other sexual harassment complaints or allegations shall be investigated and resolved in accordance with AR 4030 - Nondiscrimination in Employment. The determination of whether the allegations meet the definition of sexual harassment under Title IX shall be made by the district's Title IX Coordinator.

Because the complainant has a right to pursue a complaint under AR 4030 for any allegation that is dismissed or denied under the Title IX complaint procedure, the Title IX Coordinator shall ensure that all requirements and timelines for AR 4030 are concurrently met while implementing the Title IX procedure.

Regulation 4119.12: Title IX Sexual Harassment Complaint Procedures

Pittsburg Unified School District is committed to making schools free from sexual harassment. This means the District and the Board of Education is committed to maintaining an educational environment that is free from discrimination, harassment, intimidation and bullying. The Board prohibits sexual harassment of students by other students, employees or other persons, at school or at school-sponsored or school-related activities. The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist or otherwise participate in the complaint process established pursuant to this policy and the administrative regulation.

BP 5145.7: Student Sexual Harassment Policy

Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) (“Title IX”) is a federal law that protects individuals from discrimination based on sex in education programs or activities that receive Federal financial assistance, including state and local educational agencies. Under Title IX, 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 Pittsburg Unified School District.

Information regarding the rights of pupils and the public, as well as information regarding the District’s obligations under Title IX may be accessed via the California Office of Equal Opportunity and the U.S. Department of Education’s Office for Civil Rights (“OCR”) at the following links:

CDE Office of Equal Opportunity 
DOE OCR 

In addition to Title IX, the California Education Code and other state and federal laws also prohibit discrimination, harassment, intimidation and bullying to ensure equity in education.

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

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

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

(d) You have the right to apply for athletic scholarships.

(e) You have the right to receive equitable treatment and benefits in the provision of all of the following:

Equipment and supplies.
Scheduling of games and practices.
Transportation and daily allowances.
Access to tutoring.
Coaching.
Locker rooms.
Practice and competitive facilities.
Medical and training facilities and services.
Publicity.
(f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.

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

(h) 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.

(i) You have the right to pursue civil remedies if you have been discriminated against.

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

An individual who believes he or she has personally suffered unlawful discrimination, harassment, intimidation or bullying, or who believes an individual or any specific class of individuals has been subjected to discrimination, harassment, intimidation or bullying, may file a complaint with the District no later than six months from the date of the alleged incident of discrimination, or the date the complainant first obtained knowledge of the facts of the alleged discrimination. In cases where an individual wishes to file a complaint more than six months from the date of the alleged incident of discrimination, the individual may submit a written request for extension to the Superintendent or designee, which sets forth the reasons for the extension.

The Superintendent or designee may extend the timeline for filing a complaint for good cause only, for a period not to exceed 90 days following the expiration of the six month time period. The Superintendent shall respond immediately upon receipt of a request for extension.

Individuals who wish to file complaints alleging unlawful discrimination under Title IX or other federal laws prohibiting discrimination in programs or activities that receive federal financial assistance may do so directly through OCR. Such complaints must be filed within 180 calendar days after the discrimination. There are certain limited circumstances that allow OCR to grant a waiver. For more information regarding how to obtain a waiver of the timeline for filing a complaint with OCR, contact the OCR Enforcement Office for California 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