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Policy FA - Equal Educational Opportunities

Policy FA - Equal Educational Opportunities (PDF)

Issue Date: December 16, 2020

Updated: January 17, 2024


General

The Board of Education of the Juab School District does not discriminate on the basis of sex in its programs and activities and is required by Title IX and 34 CFR Part 106 not to discriminate on the basis of sex, including but not limited to such discrimination in admission and employment.

Notice of this policy shall be given to all students seeking admission and their parents and shall be included in student handbooks. Questions about rights under Title IX and about the application of Title IX to the District can be directed to the Title IX Coordinator identified in this policy or to the Assistant Secretary for Civil Rights of the U.S. Department of Education, or both.

34 CFR § 106.8(b)(1)

20 U.S.C. § 1701-21

No officer or employee of the District, when acting or purporting to act in official capacity, shall refuse to permit any student to participate in any school program because of the student’s race, color, creed, sex, national origin, marital status, political or religious belief, physical or mental condition, family, social, or cultural background, or sexual orientation.

Utah Admin. Rules 277-515-3(6)(c) (December 1, 2017)

The District encourages all victims of sex discrimination and persons with knowledge of sex discrimination to immediately report that to the Title IX Coordinator or an administrator. All complainants have the right to be free from retaliation of any kind. Complaints relating to sexual harassment (one form of sex discrimination) are addressed under Policy FHAB and Policy DKB. Complaints regarding other types of sex discrimination may be addressed through the grievance procedures set out in Policy FGE (for students) and Policy DHC (for employees).

34 CFR § 106.8(c)

Title IX Coordinator

The District shall designate one or more employees to serve as Title IX Coordinator. The Title IX Coordinator is responsible and has authority to coordinate the District’s compliance with Title IX, including but not limited to responding to complaints of sex discrimination. The designated Title IX Coordinator for the District is: Dr. Royd Darrington. The contact information for the Title IX Coordinator is:

Name: Dr. Royd Darrington Title/Position: Assistant Superintendent

Mailing Address: 346 E. 600 N. Nephi, UT 84648

Office Email: This email address is being protected from spambots. You need JavaScript enabled to view it.   Telephone: 435-623-1940

Reports about any form of sex discrimination (including sexual harassment) may be made to the Title IX Coordinator by any person (whether or not the discrimination was directed at that person) using any of the contact methods listed above or by any other means and at any time (including during non-business hours).

34 CFR § 106.8(c)

Retaliation Prohibited

It is prohibited to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or implementing regulations or this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing relating to any type of sex discrimination. Prohibited retaliation includes acting with the purpose of interfering with any right or privilege secured by Title IX or implementing regulations or this policy by intimidation, threats, coercion, or discrimination. If brought for the purpose of interfering with these rights, prohibited retaliation includes charges against an individual for violations that do not involve sex discrimination but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment. Reports of retaliation should be made to the Title IX Coordinator designated in this policy. Complaints regarding retaliation against a student may be raised under Policy FGE or as applicable under Policy FGAD or regarding retaliation against an employee under Policy DHC or as applicable under Policy DLA or Policy DLB.

34 CFR § 106.71(a)

Confidentiality

Except to the extent required to appropriately respond to complaints of sex discrimination, or as required by law, the District shall keep confidential the identity of (a) any individual who reports or complains of sex discrimination (including filing a formal complaint), (b) any individual reported to have perpetrated sex discrimination, and (c) any witness regarding sex discrimination. Except to the extent that maintaining confidentiality would impair the District’s ability to provide supportive measures, the District shall keep confidential any supportive measures provided to a complainant or accused individual. (In appropriately responding to complaints of sex discrimination, the District may need to disclose the identity of individuals for purposes of an appropriate investigation and following the grievance process or for purposes of appropriate supportive measures.) Disclosure is also allowed to the extent permitted by FERPA and its implementing regulations.

34 CFR § 106.71(a)

34 CFR § 106.30(a)

Where a complaint involves allegations of child abuse, the complaint shall be immediately reported to appropriate authorities and the confidentiality of the information will be maintained as required by Utah Code § 80-2-1005. (See Policy DDA.)

Utah Code § 80-2-602 (2022)

Utah Code § 80-2-1005 (2023)

Students with Disabilities

The District shall provide a free appropriate public education to all qualified students with disabilities who are residents of the District between the ages of three and twenty- two who have not graduated from high school, including regular or special education and related services designed to meet the individual educational needs of each qualified student with a disability, regardless of the nature or severity of the disability, as adequately as the needs of students without disabilities.

34 CFR § 104.33

Utah Code § 53E-7-201(8) (2022)

Utah Code § 53E-7-202 (2019)

Utah Code § 53E-7-207 (2022)

Dissemination of Policy

Notice of this policy and of the name and contact information of the Title IX Coordinator shall be provided to applicants for admission or for employment, students, parents of students, employees, and employee associations. The contact information for the Title IX Coordinator shall be prominently displayed on the District’s website and in student admission materials and employment application materials. In addition, a copy of this policy shall be published on the District website and included in student admission materials, in employment application materials, in student handbooks, and in materials provided to employees. A copy of this policy shall also be provided to the appropriate officer of each employee association.

34 CFR § 106.8(b)(2), (c)