

Demand Sweetwater Union High School continues to enforce Title IX


Demand Sweetwater Union High School continues to enforce Title IX
The Issue
To the Sweetwater Union High School District and members of the school board,
On May 6th, the Department of Education issued its Final Rule changing the Title IX
obligations of all schools receiving federal funding. Consistent with the harmful rhetoric and anti-survivor ideology Secretary DeVos has brought to the Department, the Rule contains dangerous provisions that go against best practices, tip the scales against survivors, and jeopardize tens of thousands of K-12 students’ civil right to an education free from discrimination. This rule will have devastating consequences for K-12 students and their families. Specifically, the rule will require schools to only investigate the most extreme forms of harassment and assault, require schools to ignore most violence that occurs off campus, and allow needless delays in the completion of Title IX investigations. Altogether, these changes will discourage survivors from coming forward and utilizing the Title IX process at their schools, resulting in rampant sexual violence going unaddressed. We, as students and community members, are calling on Sweetwater Union High School District to uphold the rights of all K-12 students in your district. Multiple sections within the rule
give schools discretion to choose how policies are implemented. We urge the Sweetwater Union High School District to commit to taking sexual violence seriously by choosing the options that would create the least harm for student survivors.
Below we have listed our call to the District, which asks for your clear commitment to
maintaining the safest and fairest policies that are legal under the Final Rule. We, students and alumni of Sweetwater Union High School District call on the District to commit to:
1. Establishing the preponderance of the evidence as the standard of evidence in all
sexual misconduct, harassment, and discrimination cases. Preponderance of the evidence is the only standard that values the education of both complainants and
respondents equally.
2. [Maintaining/establishing] a time limit of sixty calendar days for the completion of
sexual misconduct, harassment, and discrimination case adjudications, with
exceptions only for substantial extenuating circumstances. Lengthy investigations are emotionally taxing on survivors, often causing students to drop-out before their cases are complete. Drawn-out timelines are bad for complainants and respondents alike,
leaving them uncertain of where things stand with their schools.
3. Continuing to respond promptly to reports of sexual misconduct and carrying out existing investigations into sexual misconduct during the global health crisis. The new rule makes clear that Title IX processes may continue remotely in the face of the COVID-19 Pandemic, and the rights of student complainants and respondents alike hinge on schools’ maintaining their commitment to prompt and equitable investigations even during these unprecedented times.
4. Guaranteeing all students access to reasonable interim measures regardless of
where or when the violence or discrimination they faced took place. Students need access to accommodations as the effects of violence and discrimination are serious whether a student was harmed at school, at a weekend social event, or on their walk home.
5. Creating and following sexual misconduct procedures for investigating
instances of otherwise not covered off-campus violence and violence that
occurs outside of the country. While the rule does not allow formal Title IX
investigations of some off campus violence, schools can still create separate sexual
misconduct policies that ensure students can report off campus violence. Whether
you are raped in your on-campus classroom or at a weekend birthday party, having
to see your rapist in the hallway at school equally interrupts your education.
6. Barring the use of informal resolution mechanisms including but not limited to
mediation in cases of sexual assault, rape , dating and domestic violence, and
stalking that is an extension of such violence. It is widely agreed upon that mediation is an inappropriate and even unsafe measure in these types of situations.
It is extremely disappointing that by mandating that schools adopt one standard of evidence for all campus cases, the Department of Education has placed us in opposition to our labor allies, many of whom have worked hard to secure a clear and convincing standard of evidence prior to dismissal under bargaining agreements. We are hopeful that the Department’s rule can be struck down so that we are not
forced to oppose the interests of unions in such a way. 2 Barring mediation is in line with the 2001 Title IX Guidance released by the Department of Education
under the Bush administration.
7. Following the Department of Education’s rescinded 2016 guidance on protecting LGBTQ+ students in order to ensure all students have equal access to a safe learning environment, regardless of gender identity or sexual orientation. We call on the school district to issue a written public statement declaring its commitment to these seven policies by August 14th 2020.
As dedicated members of this community, we believe in holding our schools to the
highest standards. With a federal government that is failing students, it is up to school districts to assume leadership in protecting the civil rights of K-12 students. We look forward to seeing Sweetwater Union High School District issue its public statement in the coming days.
With power,
The Undersigned
Ways to help as a student or alumni in or from any school in the district: 1. Sign the petition. It is critical for this petition to show support from those who will be directly impacted by the policies your school implements not only is this a way of showing the students and alumni care about what's going on and what it's effects will be. 2. Spread the word. These changes will be enacted on august 14th! TWO DAYS. DeVo's is aware that rallying together would prove to be difficult due to the pandemic. The best way to let the district know the students and alumni of the district care is by spreading this petition and contacting those in charge. The best way to get the message across over social media would be reposting on your stories while tagging accounts affiliated with your school such as the asb while also encouraging others to sign the petition. 3. Contacting those in charge/Letter writing campaign. As students and alumni of this district the primary targets should be the Board of Education, those on that board and our districts Superintendent because they are the people who hold the power to determine our districts policies. Your letters should be personalized but it can be difficult to find talking points to send in these emails so below we have provided points you can make in your email and the contact information you need.
4. Speaking points for your emails/good speaking topics to bring up. When speaking with the media, talking points are super helpful to stay on message as you can reference certain specific points in the rule during broader discussions. Additionally, it is important to utilize your strengths. If there are portions of the rule that you do not understand or feel comfortable speaking on pivot to another section that you are more familiar with.
General Talking Points- Top line
At a time when students should be focusing on final exams and papers and on keeping themselves and their communities safe and healthy, they are instead being forced to contend with the uncertainty of their civil rights. Survivors who have reported don’t know whether or when their cases will move forward. Survivors who have not reported are weighing whether it’s really worth it to move forward. And students who experience abuse and harassment in the coming months will not know if they can turn to their schools for help. All of this undermines Title IX, leaving campuses less safe and students less able to access education free from discrimination.
DeVos’s rule doesn’t have students in mind; it caters to universities and their bottom lines.
DeVos is not interested in procedural protections. She is looking to reduce reporting, save schools money, and let schools off the hook for covering up or ignoring sexual violence.
One of the most worrisome parts of the new rule is that it would allow schools to ignore all violence that happens off-campus or online, even if the victim is forced to see their rapist at school every day. [Talk about why that’s so bad.]
If the rule goes into effect, parts of it do give schools some narrow options. Like the choice between the clear and convincing standard of evidence and the more appropriate preponderance standard. Schools must make the right decisions with the leeway they have to prove their support for survivors while still complying with federal law.
The purpose of Title IX is to restore survivors’ access to education, which is why a majority of students go to their school to receive supportive measures after experiencing violence. Now, most student survivors might not be able to get that support from their school: either because of where the violence occurred, or because it doesn’t rise to DeVos’ extremely high and burdensome definition of harassment.
5. Contact information for the people in charge for the letter campaign. Dr. Moises Aguirre Acting Superintendent Email: Moises.Aguirre@sweetwaterschools.org
Imelda Genovese Executive Assistant to the Superintendent Email: Imelda.Genovese@sweetwaterschools.org
Deanne Vicedo
Clerk of the Board
Email: Deanne.Vicedo@sweetwaterschools.org Phone: (619) 585-4405
Fax: (619) 407-4980
Board Policies Fax: (619) 407-4926
Karina Estrada
Senior Administrative Assistant
Email: Karina.Estrada@sweetwaterschools.org
Phone: (619) 407-4970
The Issue
To the Sweetwater Union High School District and members of the school board,
On May 6th, the Department of Education issued its Final Rule changing the Title IX
obligations of all schools receiving federal funding. Consistent with the harmful rhetoric and anti-survivor ideology Secretary DeVos has brought to the Department, the Rule contains dangerous provisions that go against best practices, tip the scales against survivors, and jeopardize tens of thousands of K-12 students’ civil right to an education free from discrimination. This rule will have devastating consequences for K-12 students and their families. Specifically, the rule will require schools to only investigate the most extreme forms of harassment and assault, require schools to ignore most violence that occurs off campus, and allow needless delays in the completion of Title IX investigations. Altogether, these changes will discourage survivors from coming forward and utilizing the Title IX process at their schools, resulting in rampant sexual violence going unaddressed. We, as students and community members, are calling on Sweetwater Union High School District to uphold the rights of all K-12 students in your district. Multiple sections within the rule
give schools discretion to choose how policies are implemented. We urge the Sweetwater Union High School District to commit to taking sexual violence seriously by choosing the options that would create the least harm for student survivors.
Below we have listed our call to the District, which asks for your clear commitment to
maintaining the safest and fairest policies that are legal under the Final Rule. We, students and alumni of Sweetwater Union High School District call on the District to commit to:
1. Establishing the preponderance of the evidence as the standard of evidence in all
sexual misconduct, harassment, and discrimination cases. Preponderance of the evidence is the only standard that values the education of both complainants and
respondents equally.
2. [Maintaining/establishing] a time limit of sixty calendar days for the completion of
sexual misconduct, harassment, and discrimination case adjudications, with
exceptions only for substantial extenuating circumstances. Lengthy investigations are emotionally taxing on survivors, often causing students to drop-out before their cases are complete. Drawn-out timelines are bad for complainants and respondents alike,
leaving them uncertain of where things stand with their schools.
3. Continuing to respond promptly to reports of sexual misconduct and carrying out existing investigations into sexual misconduct during the global health crisis. The new rule makes clear that Title IX processes may continue remotely in the face of the COVID-19 Pandemic, and the rights of student complainants and respondents alike hinge on schools’ maintaining their commitment to prompt and equitable investigations even during these unprecedented times.
4. Guaranteeing all students access to reasonable interim measures regardless of
where or when the violence or discrimination they faced took place. Students need access to accommodations as the effects of violence and discrimination are serious whether a student was harmed at school, at a weekend social event, or on their walk home.
5. Creating and following sexual misconduct procedures for investigating
instances of otherwise not covered off-campus violence and violence that
occurs outside of the country. While the rule does not allow formal Title IX
investigations of some off campus violence, schools can still create separate sexual
misconduct policies that ensure students can report off campus violence. Whether
you are raped in your on-campus classroom or at a weekend birthday party, having
to see your rapist in the hallway at school equally interrupts your education.
6. Barring the use of informal resolution mechanisms including but not limited to
mediation in cases of sexual assault, rape , dating and domestic violence, and
stalking that is an extension of such violence. It is widely agreed upon that mediation is an inappropriate and even unsafe measure in these types of situations.
It is extremely disappointing that by mandating that schools adopt one standard of evidence for all campus cases, the Department of Education has placed us in opposition to our labor allies, many of whom have worked hard to secure a clear and convincing standard of evidence prior to dismissal under bargaining agreements. We are hopeful that the Department’s rule can be struck down so that we are not
forced to oppose the interests of unions in such a way. 2 Barring mediation is in line with the 2001 Title IX Guidance released by the Department of Education
under the Bush administration.
7. Following the Department of Education’s rescinded 2016 guidance on protecting LGBTQ+ students in order to ensure all students have equal access to a safe learning environment, regardless of gender identity or sexual orientation. We call on the school district to issue a written public statement declaring its commitment to these seven policies by August 14th 2020.
As dedicated members of this community, we believe in holding our schools to the
highest standards. With a federal government that is failing students, it is up to school districts to assume leadership in protecting the civil rights of K-12 students. We look forward to seeing Sweetwater Union High School District issue its public statement in the coming days.
With power,
The Undersigned
Ways to help as a student or alumni in or from any school in the district: 1. Sign the petition. It is critical for this petition to show support from those who will be directly impacted by the policies your school implements not only is this a way of showing the students and alumni care about what's going on and what it's effects will be. 2. Spread the word. These changes will be enacted on august 14th! TWO DAYS. DeVo's is aware that rallying together would prove to be difficult due to the pandemic. The best way to let the district know the students and alumni of the district care is by spreading this petition and contacting those in charge. The best way to get the message across over social media would be reposting on your stories while tagging accounts affiliated with your school such as the asb while also encouraging others to sign the petition. 3. Contacting those in charge/Letter writing campaign. As students and alumni of this district the primary targets should be the Board of Education, those on that board and our districts Superintendent because they are the people who hold the power to determine our districts policies. Your letters should be personalized but it can be difficult to find talking points to send in these emails so below we have provided points you can make in your email and the contact information you need.
4. Speaking points for your emails/good speaking topics to bring up. When speaking with the media, talking points are super helpful to stay on message as you can reference certain specific points in the rule during broader discussions. Additionally, it is important to utilize your strengths. If there are portions of the rule that you do not understand or feel comfortable speaking on pivot to another section that you are more familiar with.
General Talking Points- Top line
At a time when students should be focusing on final exams and papers and on keeping themselves and their communities safe and healthy, they are instead being forced to contend with the uncertainty of their civil rights. Survivors who have reported don’t know whether or when their cases will move forward. Survivors who have not reported are weighing whether it’s really worth it to move forward. And students who experience abuse and harassment in the coming months will not know if they can turn to their schools for help. All of this undermines Title IX, leaving campuses less safe and students less able to access education free from discrimination.
DeVos’s rule doesn’t have students in mind; it caters to universities and their bottom lines.
DeVos is not interested in procedural protections. She is looking to reduce reporting, save schools money, and let schools off the hook for covering up or ignoring sexual violence.
One of the most worrisome parts of the new rule is that it would allow schools to ignore all violence that happens off-campus or online, even if the victim is forced to see their rapist at school every day. [Talk about why that’s so bad.]
If the rule goes into effect, parts of it do give schools some narrow options. Like the choice between the clear and convincing standard of evidence and the more appropriate preponderance standard. Schools must make the right decisions with the leeway they have to prove their support for survivors while still complying with federal law.
The purpose of Title IX is to restore survivors’ access to education, which is why a majority of students go to their school to receive supportive measures after experiencing violence. Now, most student survivors might not be able to get that support from their school: either because of where the violence occurred, or because it doesn’t rise to DeVos’ extremely high and burdensome definition of harassment.
5. Contact information for the people in charge for the letter campaign. Dr. Moises Aguirre Acting Superintendent Email: Moises.Aguirre@sweetwaterschools.org
Imelda Genovese Executive Assistant to the Superintendent Email: Imelda.Genovese@sweetwaterschools.org
Deanne Vicedo
Clerk of the Board
Email: Deanne.Vicedo@sweetwaterschools.org Phone: (619) 585-4405
Fax: (619) 407-4980
Board Policies Fax: (619) 407-4926
Karina Estrada
Senior Administrative Assistant
Email: Karina.Estrada@sweetwaterschools.org
Phone: (619) 407-4970
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Petition created on August 12, 2020