Legal
Title IX Sexual Harassment Regulation—Sex Discrimination

“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.”

20 U.S.C. § 1681 & 34 C.F.R. Part 106 (1972)

Pasco County Schools does not discriminate on the basis of sex (including sexual orientation or gender identity), in its education programs or activities, and is required by Title IX of the Education Amendments Act of 1972, and its implementing regulations, not to discriminate in such a manner. The requirement not to discriminate in its education program or activity extends to admission and employment. Pasco County Schools is committed to maintaining an education and work environment that is free from discrimination based on sex, including sexual harassment.

Pasco County Schools prohibits Sexual Harassment that occurs within its education programs and activities. When the District has actual knowledge of Sexual Harassment in its education program or activity against a person in the United States, it shall promptly respond in a manner that is not deliberately indifferent.

Pursuant to its Title IX obligations, Pasco County Schools is committed to eliminating Sexual Harassment and will take appropriate action when an individual is determined responsible for violating its policy. Board employees, students, third-party vendors and contractors, guests, and other members of the District community who commit Sexual Harassment are subject to the full range of disciplinary sanctions set forth in Board Policy 2266. Pasco County Schools will provide persons who have experienced Sexual Harassment ongoing remedies as reasonably necessary to restore or preserve access to the District’s education programs and activities.

Sex discrimination involves treating someone (a student, employee, or applicant) unfavorably because of that person's sex, including the person's sexual orientation, gender identity, or pregnancy. This can include the failure to provide equal opportunity in educational programs, including but not limited to course offerings, educational activities, physical education, and athletics

SEXUAL HARASSMENT: means conduct on the basis of sex that satisfies one or more of the following:

QUID PRO QUO: An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct;

HOSTILE ENVIRONMENT: 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 recipient's education program or activity; or

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).

Pasco County schools is highly committed to the health and safety of its students. To support our students at all levels, the district utilizes Safer, Smarter Schools curriculum in grades K-12 to develop an understanding of sexual harassment issues at an age-appropriate level. An overview of the K-12 program is available to download. For more specific information each level, the links are provided below.

Elementary 

Middle

High

What is Title IX? 

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. Title IX 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 education program or activity receiving Federal financial assistance.” 

What behavior constitutes a potential claim under Title IX?  

Sex Discrimination: 

Sex discrimination involves treating someone (a student, employee, or applicant) unfavorably because of that person's sex, including the person's sexual orientation, gender identity, or pregnancy. This can include the failure to provide equal opportunity in educational programs, including but not limited to course offerings, educational activities, physical education, and athletics. 

Sexual Harassment:   

Sexual harassment involves conduct on the basis of sex that satisfies one or more of the following: 

  1. An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct; 

  1. 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 recipient's education program or activity; or 

  1. Line 2, Shape“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)

  2. For more details on Title IX definitions and terminology, please visit http://go.boarddocs.com/fl/pasco/Board.nsf/goto?open&id=C5MRZZ6FB6CE 

What should I do if my child has been subject to sex discrimination, including being sexually harassed or sexually assaulted? 

  • Schools have responsibility for alleged discrimination or sexual harassment by staff and by other students that occur within the school’s educational program or activity. If you feel your child has been subjected to sex discrimination, including sexual harassment by another student or PCS employee, you should immediately report the conduct to your child’s principal or another administrator in the school or the Title IX Coordinator. (contact information noted below)  

  • If you want criminal charges to be filed, report them to the local police. (Criminal and Administrative investigations under Title IX are two separate processes). 

How do I file a formal Title IX Complaint for Sexual Harassment? 

You can contact your School Based or District Title IX Coordinator: 

Phone: 813-794-2679 Email: crc@pasco.k12.fl.us  Address: 7227 Land O'Lakes Blvd. Land O'Lakes, Florida 34638 

What is the Formal Title IX Complaint process? 

Upon receiving a Formal Complaint alleging Sexual Harassment and requesting an investigation:  

  1. A Title IX Coordinator will contact you immediately to offer supportive measures to all Parties involved in the Complaint. 

  1. A Title IX Coordinator will review the Complaint and evaluate whether the allegations meet the definition of Sexual Harassment as defined in § 106.30 of the Title IX regulations. 

  1. If the incident rises to the level of Sexual Harassment, the Title IX Coordinator will issue a Notice of Investigation, providing details of the allegation to the parties, and assign the case to a Title IX Investigator and the investigation begins. 

  1. If the incident does not rise to the level of Sexual Harassment, the Title IX Coordinator must dismiss the formal complaint under Title IX, and the matter will be referred to the school administrator for follow-up and resolution. 

  1. The Title IX Investigator is responsible for contacting all the parties involved and witnesses and reviewing all relevant information related to the incident. 

  1. The Respondent is presumed “not responsible” for violating PCS policy unless and until PCS is able to gather sufficient evidence to show that a violation of policy has occurred. 

  1. After the Title IX Investigator is done gathering evidence, Parties are provided the opportunity to review and respond to the Investigation report prior to it being sent to a Decision maker. 

  1. Upon conclusion of the review process, the case is sent to a Decision Officer for final decision. Decisions are made by the preponderance of the evidence, more likely than not. Parties will receive a written decision based on the evidence. 

  1. Individuals who are found to have violated PCS policy are subject to one or more of the following disciplinary actions/sanctions: removal of school privileges, restorative practice, after-school detention, in-school restriction, suspension out of school, long-term suspension, and/or expulsion. 

  1. Both Parties are entitled to an appeal process. 

What can be done to support my child during the review of their complaint and any subsequent Title IX investigation? 

Supportive measures are available regardless of whether a formal complaint is filed. Supportive measures are individualized services that are reasonably available, non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, provide safety, or deter sexual harassment. For a list of potential supportive measures, please visit http://go.boarddocs.com/fl/pasco/Board.nsf/goto?open&id=C5MRZZ6FB6CE 

What rights does a student have during the Formal Title IX Complaint Process? 

  • The right to be treated with respect and dignity by PCS school administrators. 

  • The right to Supportive Measures; nothing punitive until the process is completed. 

  • The right to be safe at school. 

  • The right to see all the evidence presented. 

  • The right to file a Title IX Complaint at any time. 

  • The right to have parents and an advisor present during meetings and interviews. 

  • The right to be free from retaliation. 

  • The right to have formal complaints resolved in accordance with PCS Board Policy 2266. 

  • To be informed in writing of the resolution of the complaint and any decision issued. 

What are the potential outcomes for sexual harassment, sex discrimination, or violation of Title IX requirements?

  • A student who engages in sexual harassment, sexual discrimination, or other violations of Title IX may be disciplined in accordance with the Student Code of Conduct or be subject to other lawful repercussions, depending on the behavior involved. 

  • An employee or agent of the School Board who engages in sexual harassment, sexual discrimination, or other violations of Title IX may be disciplined by the School Board in accordance with Board Policy, the Collective Bargaining Agreement, reported to Florida Department of Education’s professional standards department, or be subject to other lawful repercussions, depending on the behavior involved. 

  • The Final Title IX report is a public record for seven (7) years. 

 


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