Title IX of the Education Amendments Act of 1972 is a federal law, enacted in 1972, which 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.

On May 6, 2020, the United States Department of Education released its final rule under Title IX of the Education Amendments of 1972. The final rule requires school districts to follow a specific Title IX Grievance Process while investigating allegations of sexual misconduct.  The Office of Civil Rights of the United States Department of Education considers sexual misconduct (including sexual harassment, sexual violence, sexual assault, and intimate partner violence) to be a form of sexual discrimination and requires school districts to take immediate and effective steps to respond to sexual misconduct.

Under Title IX the complaint must meet the definition of sexual harassment and it must have occurred in an education program or activity in which the District has substantial control over both the respondent and the context in which the harassment occurred.

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

1. A Broward County Public School employee conditioning the provision of an aid, benefit, or service of the recipient on an individual’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 recipient’s education program or activity; or
3. “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).

When the District has actual knowledge, with or without a formal complaint, of sexual harassment in its education program or activity against a person, it will respond promptly and in a manner that is not deliberately indifferent.  (Any individual who works in the District who has knowledge of sexual harassment must report such behavior). Principals/Department Heads or designees must contact the Director of EEO/ADA Compliance/Title IX Coordinator, to report any complaints of sex discrimination including sexual harassment. 

Supportive Measures:

Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonable available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the District's education programs or activities without unreasonably burdening the other party, including measures designated to protect the safety of all parties or the educational environment, or deter sexual harassment. Examples of supportive measures include, but are not limited to: Counseling  Extensions of deadlines or other course-related assignments • Modifications of class schedules • Campus escort services • Mutual restrictions on contact between the parties • Leaves of absence • Increased security and monitoring of certain areas of the campus • Other similar measures. 

Reporting Sexual Harassment

If you believe you are being sexually harassed, you have a right to file a sexual harassment claim and expect it to be fully investigated in a timely manner. The right of confidentiality, of both the complainant and the accused, will be fully protected in accordance with federal and state laws.

Students who have experienced sex harassment or have witnessed others being subjected to sexual harassment must report the behavior to their appropriate Principal/Assistant Principal (School Title IX Coordinator) and contact one of the following resources for assistance.

Wladimir G. Alvarez

Director, Equal Educational Opportunities/ADA Compliance
District Title IX Coordinator

Equal Educational Opportunities/ADA Compliance

600 SE 3rd Avenue, 14 Floor
Fort Lauderdale, Florida 33301
Phone: (754) 321-2150 Fax: (754) 321-2714

Broward District Schools Police Department/Professional Standards

(754) 321-0725

For information regarding the application of Title IX and the Grievance Procedure, please contact the District’s Title IX Coordinator:

Wladimir Alvarez
Director, Equal Educational Opportunities /ADA Compliance
600 SE 3rd Avenue, 14th Floor
Fort Lauderdale, Florida 33301
wladimir.alvarez@browardschools.com
754-321-2150

School Board Policy 4001.1 “Non-discrimination Statement Policy” provides the steps for investigation of sexual harassment complaints.  To report a sexual harassment complaint under Title IX, please refer to the District’s Title IX Coordinator.

Principals

Professional Standards Committee