TITLE IX OF THE EDUCATION AMENDMENTS OF 1972

• Gender Discrimination
• Sexual Harassment
• Sexual Misconduct
• Pregnancy

1. Gender Discrimination

Albuquerque Public Schools and federal law prohibit discrimination on the basis of gender. If students are treated differently based upon their gender in academia or extracurricular activities, this treatment may be considered gender discrimination. These treatments may include: academic programs, discipline, classroom assignment, physical education, grading and/or athletics.

2. Sexual Harassment

Sexual harassment is a form of gender discrimination as defined in Title IX of the Education Amendments of 1972. Sexual harassment is a violation of federal law, APS Board policy(s), district procedural directive(s), and school policy(s). Sexual harassment is also illegal under State Human Rights statutes and may be considered a criminal offense under state and local assault and child abuse laws. Sexual harassment is unwelcome sexual advances, requests for sexual favors, and written or verbal conduct of a sexual nature. If behavior(s) toward another student(s) makes him or her feel intimidated, uncomfortable or if the student feels threatened, it may be considered sexual harassment even if the harasser did not intend for his or her actions to be offensive.

Sexual Harassment is considered to have occurred when such conduct:

I. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of the academic status of a student or obtaining an education;

II. Submission to or rejection of that conduct or communication by an individual is used as a factor, which affects the academic standing or education of a student;

III. That conduct or communication has the purpose or effect of substantially or unreasonably interfering with the education of student that creates an intimidating, hostile or offensive educational environment.

 

3. Sexual Misconduct

Sexual misconduct may include, but is not limited to, physical act(s) of aggression, force or threat against another student of the same or opposite sex, threatening to force or coerce sexual acts, including the touching of private/intimate parts, and coercing, forcing or attempting to coerce or force sexual intercourse. Although, sexual misconduct may be considered sexual harassment, these acts should also be reported to the APS Police Department or Albuquerque Police Department.

4. Pregnancy

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination against pregnant or parenting teens. Title IX views teen pregnancy as a "medical condition" therefore, pregnant teens (1) may voluntarily elect to stay at their home school during their pregnancy or enroll at New Futures School, (2) are to receive a comparable curriculum and receive academic opportunities as they would receive at their home school, and (3) are allowed to retain their enrollment status at New Futures and participate in extracurricular activities at their home school, (4) and the academic standing of pregnant teens may not be altered due to their "medical condition".

INTERNAL COMPLAINT PROCEDURES

As a student or parent/legal guardian of APS, you are encouraged to resolve your concerns with the administrator at your site. This will enable the site administrator to take appropriate action to resolve your concern promptly. If your site administrator is unable to address your concern, you are encouraged to seek assistance at the next highest level. Albuquerque Public Schools strongly encourages you to immediately address your concerns and seek resolution at the lowest level.

In each school building, the principal is the person responsible for receiving oral and written reports of harassment and discrimination on the basis of gender. If you have knowledge of inappropriate behavior(s) fail to contact appropriate personnel, you will be subject to disciplinary action(s) up to and including expulsion. Your responsibility for reporting incident(s) of inappropriate behavior are to contact the Principal, Assistant Principal, teacher, counselor, etc. You may also talk with your parent(s) or legal guardian(s) so that they can inform the school of the inappropriate behavior. Further, the Office of Equal Opportunity Services (EOS) handles inquiries and internal complaints. Any school personnel who receive a report of harassment or discrimination shall immediately inform the principal. If the complaint is in regard to the principal, contact the appropriate Assistant Superintendent. Upon receipt of notification of harassment and discrimination, the principal and Assistant Superintendent is responsible to contact the Office of Equal Opportunity Services within 72 hours to report the incident. Any school personnel who fail to report incidents of harassment and discrimination will be subject to appropriate disciplinary action.

1. Who may file a complaint:

Any APS student or parent or legal guardian on behalf of his or her student who believes he or she has been discriminated against on the basis of gender. These procedures do not deny any student or parent/legal guardian the right to pursue other avenues of recourse.

2. How to file:

You may contact the Office of Equal Opportunity Services in any manner to report prohibited conduct. The Office of Equal Opportunity Services will assist you in addressing your concerns or filing a complaint. An Internal Complaint must be filed within 30 calendar days from the last day of the alleged discrimination, unless the time for filing is extended by the Office of EOS for good cause (to be determined by the Office of EOS). All inquires and internal complaints filed with the Office of EOS are CONFIDENTIAL. Confidentiality also applies to the inquiry and investigative process of all investigations conducted by the Office of EOS.

3. Retaliation:

No student will suffer retaliation or intimidation for participating in an inquiry or the internal complaint process. Retaliation against any student seeking assistance at their school, filing a complaint, or participating in the investigative process is grounds for a subsequent retaliation complaint. APS will respect the privacy of the complainant, the respondent, and the witnesses as much as possible, consistent with our legal obligations to investigate, take appropriate action(s), and conform with any discovery or disclosure obligations.

4. Where to file:

• APS Office of Equal Opportunity Services

  725 University Blvd., SE

  Albuquerque, New Mexico 87106

  Phone: (505) 842-3547

  Barbara Lynn, Title IX Coordinator

   

• U.S Department of Education, Office for Civil Rights

  Federal Office Building

  1244 Speer Blvd., Suite #310

  Denver, Colorado 80204-3582

  Phone: (303) 844-5695

   

5. Appeal Process:

When the Office of Equal Opportunity Service (EOS) has completed an internal investigation, the Office of EOS informs the Superintendent of the Determination. The Office of EOS will inform the Superintendent if the evidenced gathered substantiates probable cause or no cause that the respondent violated APS Board policy(s) and district procedural directive(s). The complainant and respondent will have the right to appeal the determination of the Office of Equal Opportunity Services. If the complainant or respondent is not in agreement with the Office of Equal Opportunity Services Determination, he or she will have (10) business days, from the date of the determination, to submit an appeal in writing to the Superintendent. The Superintendent will inform the complaint or respondent of the decision of the appeal in writing within 15 business days.

After the Superintendent’s review, the internal complaint process has concluded. The timelines set forth in this policy may be waived or extended by the Office of EOS or the Superintendent. In addition, any student who violates APS Board policy(s), district procedural directive(s) or school policy(s) by engaging in conduct defined throughout APS Board policy(s), district procedural directive(s) or school policy(s) to a student, employee, or any other individual, will be subject to disciplinary action(s), up to and including expulsion, as specified in the current Student Behavior Handbook.