Notice to Individuals Regarding Title IX Sexual Harassment/Discrimination
Kenton County Schools (the “District”) is committed to providing a working and learning environment that is free from discrimination based on sex, including sexual harassment and sexual violence. The District does not discriminate on the basis of sex in any of its education or employment programs or activities. Title IX of the Education Amendments of 1972 (“Title IX”), its regulations, and certain other federal and state laws prohibit discrimination in such a manner. Under Title IX, discrimination on the basis of sex includes sexual harassment.
Title IX’s requirement not to discriminate in any of the District’s education programs or activities applies to both students and employees and extends to both admission and employment. Inquiries about the application of Title IX and its regulations to the District may be referred to the District’s Title IX Coordinator, the Assistant Secretary for Civil Rights of the United States Department of Education, or both:
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Assistant Secretary of Civil Rights U.S. Dept. of Education Office for Civil Rights 400 Maryland Ave., SW Washington, D.C. 20202-1100 1-800-421-3481; 1-800-877-8339 (TDD) 202-453-6012 (Fax) OCR@ed.gov Title IX Coordinator Matt Wilhoite 1055 Eaton Drive Ft. Wright, KY 41017 matt.wilhoite@kenton.kyschools.us 859-957-2627 |
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504 Coordinator Tammy Pugh 1055 Eaton Drive Ft. Wright, Ky 41017 tammy.kernspugh@kenton.kyschools.us 859-957-2637 |
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The District is committed to fostering an environment free from discrimination on the basis of sex. To the extent that any District policy or procedure regarding discrimination or harassment on the basis of sex (as defined by Title IX) conflicts with the Title IX regulations effective August 14, 2020, Title IX and its regulations will control.
Title IX of the Education Amendments of 1972
Title IX is a federal law that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." The U.S. Department of Education’s Office for Civil Rights (OCR) enforces Title IX.
Although Title IX is best known for breaking down barriers in sports for women and girls, Title IX and its regulations also require that schools adopt specific grievance procedures to address formal complaints of sexual harassment (as that term is defined by Title IX.)
The District’s 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.
Title IX and Section 504 Coordinators
Who are the Title IX and Section 504 Coordinators?
The District has appointed Title IX and Section 504 Coordinators to coordinate the District’s efforts to comply with its responsibilities under Title IX and its regulations, Section 504 of the Rehabilitation Act, and the ADA.
Who can contact the Title IX Coordinator?
Any person may report sex discrimination, including sexual harassment, to the Title IX Coordinator, regardless of whether the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment.
How can I contact the Title IX Coordinator?
Any person can contact the Title IX Coordinator in person, by mail, telephone, or by electronic mail, by using the contact information listed above, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. A report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator. The District’s grievance procedures for formal complaints are set forth in 09.428111
Section 504 of the Rehabilitation Act
Section 504 is part of a federal civil rights law known as the Rehabilitation Act of 1973. This law specifically prohibits discrimination against students with disabilities and guarantees them a free and appropriate public education (FAPE). Discrimination, as defined in Section 504, is the failure to provide students with disabilities the same opportunity to benefit from education programs, services, or activities as provided to their nondisabled peers. Therefore, schools cannot exclude students with disabilities from facilities, programs, benefits, activities, or services that are provided to students without disabilities. Schools must make sure that all students receive equal access to educational opportunities. Students with disabilities receiving exceptional student education (ESE) services, as defined by the Individuals with Disabilities Education Act (IDEA), are protected under Section 504, but not all Section 504 students are eligible for ESE.
Who is protected under Section 504?
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
What is a physical or mental impairment that substantially limits a major life activity?
The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.
Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid – the Section 504 regulatory provision’s list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.
Whom do I contact for more information on Section 504?
Parents, teachers, and emancipated students may contact the school Principal or Counselor/504 Chairperson, the KCSD Section 504 Coordinator, the Kentucky Department of Education Division of Learning Services, or the Office of Civil Rights.