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Title IX of the Education Amendments of 1972

In compliance with Title IX of the Educational Amendments of 1972, the Albuquerque Public Schools affirms its commitment to the rights of students, parents and employees, as set forth in Federal and State statutes, for nondiscriminatory treatment in relation to disability, race, ethnicity, color, sex, sexual orientation, gender identity, national origin or ancestry, religion, age, veteran status, HIV status, pregnancy and/or any other protected status as defined by law, in all its programs and activities.

Nondiscrimination shall include freedom from harassment and retaliation based on disability, race, ethnicity, color, sex, sexual orientation, gender identity, national origin or ancestry, religion, age, veteran status, HIV status, pregnancy and/or any other protected status as defined by law.

If there is belief that students, parents or employees have encountered discrimination or feel that their Title IX rights have been violated, please reference the APS Title IX Grievance Procedures link listed below, student handbook or any site administrative office.

Purpose

Title IX includes sexual harassment, sexual misconduct and sexual violence. Any report of gender/sex discrimination made to an employee must be addressed in a timely manner by school administration or the supervisor and reported to the Title IX Coordinator at the Office of Equal Opportunity Services. The purpose of these procedures is to secure, at the lowest possible level, prompt and equitable resolutions of complaints based on sex or disability discrimination, including complaints of sexual harassment or sexual violence, in violation of Title IX of the Educational Amendments of 1972 (“Title IX”), and violation of District policies that prohibit these types of discrimination. These procedures apply only to complaints alleging discrimination prohibited by Title IX (including sexual harassment and sexual violence). “The following policies and procedures apply to complaints in which a student or employee alleges harassment or any and all related wrong doings performed by any other employee, student or third parties. Examples of third parties include audiences and competitors at intra-district athletic competitions, service contractors, school visitors, and employees of businesses or organizations participating in cooperative work or school programs with the District in relation to the incident at issue.”

Sexual Harassment/Bullying

Sexual Harassment/Bullying is a form of gender-based harassment that is considered a misuse of power. Sexual harassment generally may fall under one of two categories: quid pro quo and hostile environment.

Quid Pro Quo

Quid pro quo sexual harassment generally occurs when an individual explicitly or implicitly conditions another individual’s participation in an activity or program or bases a decision on the individual’s submission to unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature, whether or not the individual submits to the conduct. This generally involves a person in an authority position over a subordinate.

Hostile Environment

Hostile environment harassment general occurs when unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature by a student, employee or a third party are sufficiently severe, persistent or pervasive so as to limit the individual’s ability to participate in or benefit from a program or activity of the District or to create a hostile or abusive educational work environment.

If behavior toward another individual results in that individual feeling intimidated, uncomfortable or if the individual feels threatened, that behavior may be considered sexual harassment even if the harasser did not intend for his/her actions to be offensive. This prohibition against sexual harassment applies whether the harassment is between people of the same or different gender.

Examples of possible sexual harassment are: unwelcome pressure for sexual activity; unwelcome, sexually motivated or inappropriate physical contact; unwelcome verbal or written words or symbols directed at an individual because of gender (whether that gender is the same as the harasser or aimed at the opposite sex); and use of authority to coerce sexual favors.

Sexual Violence

Sexual violence is a broad term and includes conduct that is also criminal in nature such as rape, sexual assault, child sexual abuse, sexual exploitation, human trafficking, unwanted sexual contact, sexual harassment, exposure and similar offenses. Although sexual violence may also be considered sexual harassment, criminal sexual violence against students within the District’s jurisdiction needs to be reported to the APS School Police Department and the District’s Title IX Coordinator. APS is committed to effectively train its APS personnel for whom implement the Title IX procedures, to take appropriate action to eliminate sexual harassment, sexual violence, prevent its recurrence and to address and correct its discriminatory effects as promptly and thoroughly as possible.

Responsibility

All APS employees, particularly supervisors, have a responsibility for keeping our work environment free of harassment or discrimination. Any employee, who becomes aware of an incident of harassment or discrimination, whether by witnessing the incident or being told of it, must report it to their immediate supervisor or to the office of Equal Opportunity Services (EOS) at APS. When the District becomes aware of the existence of harassment or discrimination, it is obligated by law to take prompt and appropriate action, whether or not the victim wants the District to proceed or not.

The initiation of a criminal complaint does not mitigate the District’s obligation to complete a prompt and equitable resolution of every complaint alleging sexual discrimination.

These procedures shall be available in every school site administrative office, posted on the District website, and included in student handbooks.

Pregnancy

Regulations promulgated pursuant to Title IX of the Education Amendments of 1972 prohibit discrimination against pregnant or parenting teens. Pregnant teens:

  • May voluntarily elect to stay at their home school during their pregnancy.
  • May enroll at New Futures School.
  • Are to receive a comparable curriculum and academic opportunities as they would at their home school.
  • Are allowed to retain their enrollment status at New Futures and participate in extra-curricular activities at their home school.
  • Retain their academic standing, which cannot be altered due to their “medical condition”.

Violation of Student Rights

  • Students who believe that their rights have been violated should report concerns to their parents, school administrator, or other appropriate school personnel.
  • If the appropriate school personnel do not resolve the concern, a report should be made to the Student, Parent, Employee Service Center at (505) 855-9040.
  • For additional information please see “What to do if you believe that your rights have been violated” on page 7.

For more information about Title IX, please check the website: Discrimination and Harassment: Students

Title IX Claims

Students/Employees Filing an Internal Complaint
Lisa Zanussi, Acting Title IX Programs Director
APS, 6400 Uptown Blvd. NE; Suite 510W Albuquerque, NM
Phone: (505) 855-9831, Email: 

OR

Students/Employees Filing Complaint through Human Rights Agency
US Department of Education, Office for Civil Rights
1244 Speer Blvd., Suite 310
Denver, CO 80204-3582
Phone: (303) 844-5695, Email: OCR.Denver@ed.gov