Title IX is a federal civil rights law that prohibits sex-based discrimination in education. The U.S. Department of Education’s Office of Civil Rights (“OCR”) enforces Title IX compliance.

On May 6, 2020, the U.S. Department of Education released new Title IX regulations. The regulations consider sexual misconduct (including sexual harassment, sexual assault, dating violence, domestic violence, and stalking) to be a form of sexual discrimination and require school districts to follow a specific grievance process to investigate and take immediate and effective steps to respond to sexual misconduct. Failure to do so means a school district could risk losing federal funding.

**OCPS’ policies and procedures for addressing reports and complaints of sex-based discrimination (including sexual harassment) are intended to comply with Title IX and its regulations. To the extent that they conflict with Title IX or its regulations, Title IX and its regulations will control.**

Where & When Title IX Applies

When all of the following circumstances are met, the Title IX Grievance Procedures will be applied:

1. A formal complaint has been filed by an affected student (or parent on behalf of a student under 18) indicating they have experienced one or more forms of sexual misconduct/harassment. The Title IX Coordinator may also file a formal complaint if warranted.
2. The complainant must have been participating in or attempting to participate in an OCPS education program or activity.
3. OCPS must have had substantial control over the respondent and the context where the sexual harassment occurred.
4. The sexual harassment must have occurred towards a person in the United States.

Under Title IX, “education program or activity” refers to all operations of the District, including but not limited to, in-person and online educational instruction, employment, extracurricular activities, athletics, performances, and community engagement, and outreach programs. The term applies to all activity that occurs on school grounds or other property owned or occupied by the District. It also includes locations, events, or circumstances over which the District exercises substantial control over both the respondent and the context in which the sexual harassment occurs.

The District Title IX Coordinator and School-based Title IX Coordinators ensure that complaints of sex-based harassment and misconduct are handled promptly and equitably, with fairness to everyone involved. They make certain that all parties involved have the information they need to understand their rights under the Title IX Grievance Process.

School-based Title IX Coordinators are responsible for investigating Title IX incidents involving student conduct. This includes allegations of gender-based harassment or bullying, sexual harassment, sexual assault, unwelcome sexual misconduct, and sexting that is unwelcome or involves dissemination on social media, dating violence, domestic violence, and stalking.

Title IX regulations require school districts to ensure that Title IX Coordinators/investigators, decision-makers, receive training on the definition of sexual harassment, the scope of the recipient's education programs or activities, how to conduct an investigation and the grievance process including hearings, as applicable, appeals, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. As such, only School-based Title IX Coordinators who have been trained can conduct investigations

Orange County Public Schools takes its obligation to comply with Title IX very seriously. As such, School Board Policy JB has been revised to reflect these legislative changes. Forms and checklists have been created to assist school-based Title IX Coordinators in reporting and conducting investigations in compliance with the grievance process required by the Title IX regulations.

Inquiries concerning the application of Title IX and the Grievance Procedures may be referred to the District’s Title IX Coordinator:

Keshara D. Cowans, Esquire
EEO & Equity Officer / District Title IX Coordinator
Office of Legal Services
Orange County Public Schools
445 W. Amelia Street
Orlando, Florida 32801
Telephone: (407) 317-3411
Email: titleix@ocps.net