Title IX Guidelines

What is Title IX?

Title IX is a law passed in 1972 that requires gender equity for boys and girls in every educational program that receives federal funding.  Each OAL member school – each middle school and high school – must comply with Title IX.  The language of Title IX can be found at 20 U.S.C. §§ 1681 et seq.

At Oakland Unified School District we strive to provide equality in our athletic program for all students, regardless of gender.

Title IX has two basic provisions:

  1. ATHLETIC PARTICIPATION OPPORTUNITIES
  2. ATHLETICS BENEFITS AND TREATMENT including:
    • Equipment and Supplies
    • Scheduling of Games and Practice
    • Travel  and Per Diem
    • Coaching
    • Facilities (Locker rooms, Practice and Competitive)
    • Medical and Training Facilities, and Services
    • Publicity * Support Services * Tutoring * Budget & Boosters.

ATHLETIC PARTICIPATION OPPORTUNITIES ASSESSMENT

The opportunities provision concerns the actual number of participants in each school’s interscholastic athletics program. The Three-Part Test provides schools with three methods for compliance. Schools achieve compliance in this area by meeting the standard for any ONE of the three tests.

Each Oakland Unified School District middle school and high school must satisfy Title IX participation requirements under one of the following legal tests.

  • TEST ONE – PROPORTIONALITY: This first test is based on a comparison of the percent of school enrollment for gender to the percent of participation in sports by that gender.
  • TEST TWO – PROGRAM EXPANSION: The second test is designed to judge the school’s efforts to expand or increase the number of participants for the underrepresented sex –nearly always girls. Usually, schools must demonstrate that they have regularly added teams for the underrepresented sex in response to their interest and ability and can show that participation of the underrepresented sex has continued to grow since the 1978 deadline for coming into compliance with Title IX.  Generally, if a school has not added new teams for the underrepresented sex in the past two or three years AND cannot show steadily increasing numbers of participants of the underrepresented gender, it cannot use this test.
  • TEST THREE – FULL ACCOMMODATION: The third test assesses whether the school’s athletic program already offers every team for the underrepresented sex for which there is sufficient interest and ability to field a team, and sufficient competition for that team in the area where the school normally competes. Given the small number of sports offered by most OUSD schools, if there is an underrepresented gender, those schools cannot use this test.

OUSD will be conducting a sport interest survey in the fall of 2020 to assess the sports interests of boys and girls.  We will be using this information to remedy any underrepresentation identified.  Based on a preliminary review of each school’s 2019-20 participation numbers, the OAL office has determined that each school should be building a TEST ONE Proportionality Plan to be achieved over the next three years.  A representative of the OAL Commissioner’s office will work with each school’s athletic director and principal to design such a participation plan.

Athletics Program – Benefits and Treatment Assessment

A representative of the OAL Commissioner’s office will work with each school’s athletic director to assess athletic program benefits and treatment using the following Title IX Benefits and Treatment Assessment Sheets.

Athletics Program – Benefits and Treatment Assessment

A representative of the OAL Commissioner’s office will work with each school’s athletic director to perform a walk-through assessment of locker rooms, practice and competition facilities using the following Title IX Athletics Facilities Assessment Sheets.

Title IX Compliance Coordinator – Student or Parent Complaints

Title IX requires school districts that are the recipients of federal funds to designate one employee to serve as the Title IX Coordinator.  The OUSD Title IX Coordinator has district wide responsibilities and more than athletics compliance responsibilities.  This person is also assigned to oversee compliance with the sexual harassment, pregnancy and parenting, physical education and other aspects of Title IX. Paris Pryor, Program Manager, Health Services serves as the Section 504-Rehabilitation Act compliance officer.

The OUSD Title IX Compliance Coordinator is Gabriel Valenzuela (or his/her designee), who handles all Title IX complaints and investigations including Title IX athletics complaints and investigations.  Please contact him immediately upon becoming aware of any student or parent complaints and he will provide you with important information on the complaint process.

Gabriel Valenzuela
OUSD Ombudsperson/Title IX Coordinator/CCR Title 5 Coordinator

Phone:  (510) 879-4281; FAX (510) 879-3678
Email:  gabriel.valenzuela@ousd.org  

1000 Broadway, Suite 150,
Oakland, CA 94607

CIF GUIDELINES FOR GENDER IDENTITY PARTICIPATION

All students should have the opportunity to participate in CIF activities in a manner that is consistent with their gender identity, irrespective of the gender listed on a student’s records. Should any questions arise whether a student’s request to participate in a sex-segregated activity consistent with his or her gender identity is bona fide, a student may seek review of his or her eligibility for participation by working through the procedure set forth below: Once the student has been granted eligibility to participate in the sport consistent with his/her gender identity, the eligibility is granted for the duration of the student’s participation and does not need to be renewed every sports season or school year. All discussion and documentation will be kept confidential, and the proceedings will be sealed unless the student and family make a specific request.  (See link below for more information)

CIF Guidelines For Gender Identity Participation

Gender Participation Chart from budget