NON-DISCRIMINATION, TITLE IX, POLICIES, AND COMPLAINT PROCEDURES
Notice of Non-Discrimination
The district prohibits discrimination and harassment on any basis protected by law, including but not limited to an individual’s perceived or actual race, color, religion, sex, sexual orientation, gender identity, national or ethnic origin, marital status, age, mental or physical disability, pregnancy, familial status, economic status, or veterans’ status, or because of the perceived or actual race, color, religion, sex, sexual orientation, gender identity, national or ethnic origin, marital status, age, mental or physical disability, pregnancy, familial status, economic status, or veterans’ status of any other persons with whom the individual associates, please refer to Board Policy AC.
All public schools receiving any federal funds must comply with Title IX of the Education Amendments of 1972, including North Clackamas School District. A school has a responsibility to respond promptly and effectively to a claim of sexual harassment or sexual violence. Title IX requires schools to adopt and publish grievance procedures for students to file complaints of sex discrimination, including complaints of sexual harassment or sexual violence. Complaints of unlawful discrimination and harassment based on gender or sex may be made at any time and in any manner: in person, by mail, by telephone, or by electronic mail. Complaints may be brought to any staff member; however, if a student wishes to make a formal complaint, those should be brought to their building principal or the District’s Title IX Coordinator. Complaints will be promptly investigated. For more information regarding the District’s Sexual Harassment policy and complaint process, please refer to Board Policy JBA/GBN.
The district is committed to eliminating sexual harassment. Sexual harassment will not be tolerated in the district. All students, staff members and other persons are entitled to learn and work in an environment that is free of harassment. All staff members, students and third parties are subject to this policy. Any person may report sexual harassment.
The district processes complaints or reports of sexual harassment under Oregon Revised Statute (ORS) 342.700 et. al. and federal Title IX laws found in Title 34 C.F.R. Part 106. Individual complaints may require both of these procedures and may involve additional complaint procedures.
When information, a report or a complaint regarding sexual harassment is received by the district, the district will review such information, report, or complaint to determine which law applies and will follow the appropriate procedures. When the alleged conduct could meet both of the definitions in ORS Chapter 342 and Title IX, both complaint procedures may be processed simultaneously (refer to Board Policy GBN/JBA-AR(1) - Sexual Harassment Complaint Procedure and Board Policy GBNAB-AR - Federal Law (Title IX) Sexual Harassment Complaint Procedure). The district may also need to use other complaint procedures when the alleged conduct could meet the definitions for other complaint procedures.
Under Title IX, there are two different types of cases: 1) Sexual misconduct is a broad term used to encompass a range of behaviors. It includes Sexual or Gender-Based Harassment, Sexual Assault, Dating Violence or Stalking. Sexual Misconduct is a type of Sex or Gender-Based Discrimination; and 2) Discrimination - Being treated differently because of sex/gender.
Under Oregon state law and Title IX, all of the following are prohibited:
1. Sexual harassment
Conditioning access to educational benefits on unwelcome sexual conduct;
Unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity; or
Unwelcome conduct of a sexual nature that is physical, verbal, or nonverbal and that creates an intimidating, offensive or hostile environment.
2. Sexual assault
Unwelcome sexual conduct that occurs without consent or when under the influence of drugs/alcohol, while unconscious or elicited using physical force, coercion, or explicit or implied threats.
3. Dating (or domestic) violence
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with another.
4. Stalking and Cyberstalking
A pattern of behavior intended to cause fear or intimidation
5. Discrimination based on sexual orientation or gender identity
Under Oregon law, discrimination includes “any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on race, color, religion, sex, sexual orientation, national origin, marital status, age or disability.”
Oregon law broadly defines, “sexual orientation” as an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual’s gender identity, appearance, expression or behavior differs from that traditionally associated with the individual’s sex at birth.”
6. Gender inequity in athletics or education programs
Unequal access based on sex to athletics, co-curricular or educational programs; inequitable access to facilities, participation, scholarships or other educational benefits.
7. Discrimination based on pregnancy or parenting status
Discrimination or unequal access to educational programs or opportunities based on pregnancy or parenting status.
DISTRICT TITLE IX COORDINATOR
12400 SE Freeman Way
Milwaukie, OR 97222
DISTRICT CIVIL RIGHTS COORDINATOR
Dr. Khaliyah Willams-Rodriguez
12400 SE Freeman Way
Milwaukie, OR 97222
TITLE IX TRAINING INFORMATION