221.5. (a) It is the policy of the state that elementary and
secondary school classes and courses, including nonacademic and
elective classes and courses, be conducted, without regard to the sex
of the pupil enrolled in these classes and courses.
(b) A school district may not prohibit a pupil from enrolling in
any class or course on the basis of the sex of the pupil, except a
class subject to Chapter 5.6 (commencing with Section 51930) of Part
28.
(c) A school district may not require a pupil of one sex to enroll
in a particular class or course, unless the same class or course is
also required of a pupil of the opposite sex.
(d) A school counselor, teacher, instructor, administrator, or
aide may not, on the basis of the sex of a pupil, offer vocational or
school program guidance to a pupil of one sex that is different from
that offered to a pupil of the opposite sex or, in counseling a
pupil, differentiate career, vocational, or higher education
opportunities on the basis of the sex of the pupil counseled. Any
school personnel acting in a career counseling or course selection
capacity to a pupil shall affirmatively explore with the pupil the
possibility of careers, or courses leading to careers, that are
nontraditional for that pupil's sex. The parents or legal guardian of
the pupil shall be notified in a general manner at least once in the
manner prescribed by Section 48980, in advance of career counseling
and course selection commencing with course selection for grade 7 so
that they may participate in the counseling sessions and decisions.
(e) Participation in a particular physical education activity or
sport, if required of pupils of one sex, shall be available to pupils
of each sex.
221.7. (a) The Legislature finds and declares that female pupils
are not accorded opportunities for participation in school-sponsored
athletic programs equal to those accorded male pupils. It is the
intent of the Legislature that opportunities for participation in
athletics be provided equally to male and female pupils.
(b) Notwithstanding any other provisions of law, no public funds
shall be used in connection with any athletic program conducted under
the auspices of a school district governing board or any student
organization within the district, which does not provide equal
opportunity to both sexes for participation and for use of
facilities. Facilities and participation include, but are not limited
to, equipment and supplies, scheduling of games and practice time,
compensation for coaches, travel arrangements, per diem, locker
rooms, and medical services.
(c) Nothing in this section shall be construed to require a school
district to require competition between male and female pupils in
school-sponsored athletic programs.
223. This chapter shall not apply to the membership practices of
the Young Men's Christian Association, Young Women's Christian
Association, girl scouts, boy scouts, Camp Fire, or voluntary youth
service organizations which are exempt from taxation under
subdivision (a) of Section 501 of the federal Internal Revenue Code
of 1954, whose membership has traditionally been limited to persons
of one sex, and principally to persons of less than 19 years of age.
224. The sex discrimination provisions of this article shall not
apply to any of the following, provided that these conferences comply
with other nondiscrimination provisions of state and federal law:
(a) Any program or activity of the American Legion undertaken in
connection with the organization or operation of any Boys State
conference, Boys Nation conference, Girls State conference, or Girls
Nation conference.
(b) Any program or activity of any secondary educational
institution specifically for any of the following purposes:
(1) The promotion of any Boys State conference, Boys Nation
conference, Girls State conference, or Girls Nation conference.
(2) The selection of students to attend any of those conferences.
224.5. (a) There is hereby established the gender equity
train-the-trainer grant program. The Superintendent of Public
Instruction shall award grants from funds available for that purpose
to the governing boards of school districts and county offices of
education for the implementation of programs to train trainers in
gender equity.
(b) The Superintendent of Public Instruction shall, with the
approval of the State Board of Education, develop criteria for the
grant applications . The Superintendent of Public Instruction shall
select as grant recipients applicants that have clearly demonstrated
all of the following:
(1) Grant moneys will result in the grantee providing ongoing
gender training to all staff members, including certificated and
classified staff, and maintaining a pool of knowledgeable gender
equity trainers.
(2) The applicant has considered other available federal and state
funding resources for gender equity training and coordinated those
resources, as appropriate with a grant under this section.
(c) A grant application shall include an evaluation plan for
determining the extent to which the expected benefits of the trainer
program are being realized. The results of the evaluation shall be
reported to the governing board of the school district or county
board of education, as appropriate.
(d) The Superintendent of Public Instruction shall implement this
section only in fiscal years in which sufficient funds have been
appropriated for this purpose. To the extent funds are available in
multiple years, the Superintendent of Public Instruction shall award
grants in a manner that ensures that training is available in all
parts of the state.
(e) No more than a total of one hundred thirty thousand dollars
($130,000) of state funds may be expended in any fiscal year for
purposes of this section.
225. This article shall not preclude father-son or mother-daughter
activities at an educational institution, provided that if such
activities are offered for students of one sex, opportunities for
reasonably comparable activities are offered for students of the
other sex.
229. Nothing contained in this article shall be construed to
require any educational institution to grant preferential or
disparate treatment to the members of one sex on account of an
imbalance which may exist with respect to the total number or
percentage of persons of that sex participating in, or receiving the
benefits of, any state supported program or activity, in comparison
with the total number or percentage of persons of that sex in any
community, district, or other area. However, this section shall not
be construed to prevent the consideration in any hearing or
proceeding under this article of statistical evidence which tends to
show that such an imbalance exists with respect to the participation
in, or receipt of the benefits of, any state-supported program or
activity by the members of one sex.
230. For purposes of this chapter, harassment and other
discrimination on the basis of sex include, but are not limited to,
the following practices:
(a) On the basis of sex, exclusion of a person or persons from
participation in, denial of the benefits of, or subjection to
harassment or other discrimination in, any academic, extracurricular,
research, occupational training, or other program or activity.
(b) On the basis of sex, provision of different amounts or types
of student financial aid, limitation of eligibility for student
financial aid, or the application of different criteria to applicants
for student financial aid or for participation in the provision of
student financial aid by others. Nothing in this subdivision shall be
construed to prohibit an educational institution from administering,
or assisting in the administration of, scholarships, fellowships, or
other forms of student financial aid, established pursuant to
domestic or foreign wills, bequests, trusts, or similar legal
instruments or by acts of a foreign government, which require that
awards be made to members of a particular sex; provided, that the
overall effect of the award of these sex-restricted scholarships,
fellowships, and other forms of student financial aid does not
discriminate on the basis of sex.
(c) On the basis of sex, exclusion from participation in, or
denial of equivalent opportunity in, athletic programs. For purposes
of this subdivision, "equivalent" means equal or equal in effect.
(d) An educational institution may be found to have effectively
accommodated the interests and abilities in athletics of both sexes
within the meaning of Section 4922 of Title 5 of the California Code
of Regulations as that section exists on January 1, 2003, using any
one of the following tests:
(1) Whether interscholastic level participation opportunities for
male and female pupils are provided in numbers substantially
proportionate to their respective enrollments.
(2) Where the members of one sex have been and are
underrepresented among interscholastic athletes, whether the school
district can show a history and continuing practice of program
expansion that is demonstrably responsive to the developing interest
and abilities of the members of that sex.
(3) Where the members of one sex are underrepresented among
interscholastic athletes, and the institution cannot show a history
and continuing practice of program expansion as required in paragraph
(2), whether the school district can demonstrate that the interest
and abilities of the members of that sex have been fully and
effectively accommodated by the present program.
(e) If an educational institution must cut its athletic budget,
the educational institution shall do so consistently with its legal
obligation to comply with both state and federal gender equity laws.
(f) It is the intent of the Legislature that the three-part test
articulated in subdivision (d) be interpreted as it has been in the
policies and regulations of the Office of Civil Rights in effect on
January 1, 2003.
(g) On the basis of sex, harassment or other discrimination among
persons, including, but not limited to, students and nonstudents, or
academic and nonacademic personnel, in employment and the conditions
thereof, except as it relates to a bona fide occupational
qualification.
(h) On the basis of sex, the application of any rule concerning
the actual or potential parental, family, or marital status of a
person, or the exclusion of any person from any program or activity
or employment because of pregnancy or related conditions.
231. Nothing herein shall be construed to prohibit any educational
institution from maintaining separate toilet facilities, locker
rooms, or living facilities for the different sexes, so long as
comparable facilities are provided.
231.5. (a) It is the policy of the State of California, pursuant to
Section 200, that all persons, regardless of their sex, should enjoy
freedom from discrimination of any kind in the educational
institutions of the state. The purpose of this section is to provide
notification of the prohibition against sexual harassment as a form
of sexual discrimination and to provide notification of available
remedies.
(b) Each educational institution in the State of California shall
have a written policy on sexual harassment. It is the intent of the
Legislature that each educational institution in this state include
this policy in its regular policy statement rather than distribute an
additional written document.
(c) The educational institution's written policy on sexual
harassment shall include information on where to obtain the specific
rules and procedures for reporting charges of sexual harassment and
for pursuing available remedies.
(d) A copy of the educational institution's written policy on
sexual harassment shall be displayed in a prominent location in the
main administrative building or other area of the campus or
schoolsite. "Prominent location" means that location, or those
locations, in the main administrative building or other area where
notices regarding the institution's rules, regulations, procedures,
and standards of conduct are posted.
(e) A copy of the educational institution's written policy on
sexual harassment, as it pertains to students, shall be provided as
part of any orientation program conducted for new students at the
beginning of each quarter, semester, or summer session, as
applicable.
(f) A copy of the educational institution's written policy on
sexual harassment shall be provided for each faculty member, all
members of the administrative staff, and all members of the support
staff at the beginning of the first quarter or semester of the school
year, or at the time that there is a new employee hired.
(g) A copy of the educational institution's written policy on
sexual harassment shall appear in any publication of the institution
that sets forth the comprehensive rules, regulations, procedures, and
standards of conduct for the institution.
221.5. (a) It is the policy of the state that elementary and
secondary school classes and courses, including nonacademic and
elective classes and courses, be conducted, without regard to the sex
of the pupil enrolled in these classes and courses.
(b) A school district may not prohibit a pupil from enrolling in
any class or course on the basis of the sex of the pupil, except a
class subject to Chapter 5.6 (commencing with Section 51930) of Part
28.
(c) A school district may not require a pupil of one sex to enroll
in a particular class or course, unless the same class or course is
also required of a pupil of the opposite sex.
(d) A school counselor, teacher, instructor, administrator, or
aide may not, on the basis of the sex of a pupil, offer vocational or
school program guidance to a pupil of one sex that is different from
that offered to a pupil of the opposite sex or, in counseling a
pupil, differentiate career, vocational, or higher education
opportunities on the basis of the sex of the pupil counseled. Any
school personnel acting in a career counseling or course selection
capacity to a pupil shall affirmatively explore with the pupil the
possibility of careers, or courses leading to careers, that are
nontraditional for that pupil's sex. The parents or legal guardian of
the pupil shall be notified in a general manner at least once in the
manner prescribed by Section 48980, in advance of career counseling
and course selection commencing with course selection for grade 7 so
that they may participate in the counseling sessions and decisions.
(e) Participation in a particular physical education activity or
sport, if required of pupils of one sex, shall be available to pupils
of each sex.
221.7. (a) The Legislature finds and declares that female pupils
are not accorded opportunities for participation in school-sponsored
athletic programs equal to those accorded male pupils. It is the
intent of the Legislature that opportunities for participation in
athletics be provided equally to male and female pupils.
(b) Notwithstanding any other provisions of law, no public funds
shall be used in connection with any athletic program conducted under
the auspices of a school district governing board or any student
organization within the district, which does not provide equal
opportunity to both sexes for participation and for use of
facilities. Facilities and participation include, but are not limited
to, equipment and supplies, scheduling of games and practice time,
compensation for coaches, travel arrangements, per diem, locker
rooms, and medical services.
(c) Nothing in this section shall be construed to require a school
district to require competition between male and female pupils in
school-sponsored athletic programs.
223. This chapter shall not apply to the membership practices of
the Young Men's Christian Association, Young Women's Christian
Association, girl scouts, boy scouts, Camp Fire, or voluntary youth
service organizations which are exempt from taxation under
subdivision (a) of Section 501 of the federal Internal Revenue Code
of 1954, whose membership has traditionally been limited to persons
of one sex, and principally to persons of less than 19 years of age.
224. The sex discrimination provisions of this article shall not
apply to any of the following, provided that these conferences comply
with other nondiscrimination provisions of state and federal law:
(a) Any program or activity of the American Legion undertaken in
connection with the organization or operation of any Boys State
conference, Boys Nation conference, Girls State conference, or Girls
Nation conference.
(b) Any program or activity of any secondary educational
institution specifically for any of the following purposes:
(1) The promotion of any Boys State conference, Boys Nation
conference, Girls State conference, or Girls Nation conference.
(2) The selection of students to attend any of those conferences.
224.5. (a) There is hereby established the gender equity
train-the-trainer grant program. The Superintendent of Public
Instruction shall award grants from funds available for that purpose
to the governing boards of school districts and county offices of
education for the implementation of programs to train trainers in
gender equity.
(b) The Superintendent of Public Instruction shall, with the
approval of the State Board of Education, develop criteria for the
grant applications . The Superintendent of Public Instruction shall
select as grant recipients applicants that have clearly demonstrated
all of the following:
(1) Grant moneys will result in the grantee providing ongoing
gender training to all staff members, including certificated and
classified staff, and maintaining a pool of knowledgeable gender
equity trainers.
(2) The applicant has considered other available federal and state
funding resources for gender equity training and coordinated those
resources, as appropriate with a grant under this section.
(c) A grant application shall include an evaluation plan for
determining the extent to which the expected benefits of the trainer
program are being realized. The results of the evaluation shall be
reported to the governing board of the school district or county
board of education, as appropriate.
(d) The Superintendent of Public Instruction shall implement this
section only in fiscal years in which sufficient funds have been
appropriated for this purpose. To the extent funds are available in
multiple years, the Superintendent of Public Instruction shall award
grants in a manner that ensures that training is available in all
parts of the state.
(e) No more than a total of one hundred thirty thousand dollars
($130,000) of state funds may be expended in any fiscal year for
purposes of this section.
225. This article shall not preclude father-son or mother-daughter
activities at an educational institution, provided that if such
activities are offered for students of one sex, opportunities for
reasonably comparable activities are offered for students of the
other sex.
229. Nothing contained in this article shall be construed to
require any educational institution to grant preferential or
disparate treatment to the members of one sex on account of an
imbalance which may exist with respect to the total number or
percentage of persons of that sex participating in, or receiving the
benefits of, any state supported program or activity, in comparison
with the total number or percentage of persons of that sex in any
community, district, or other area. However, this section shall not
be construed to prevent the consideration in any hearing or
proceeding under this article of statistical evidence which tends to
show that such an imbalance exists with respect to the participation
in, or receipt of the benefits of, any state-supported program or
activity by the members of one sex.
230. For purposes of this chapter, harassment and other
discrimination on the basis of sex include, but are not limited to,
the following practices:
(a) On the basis of sex, exclusion of a person or persons from
participation in, denial of the benefits of, or subjection to
harassment or other discrimination in, any academic, extracurricular,
research, occupational training, or other program or activity.
(b) On the basis of sex, provision of different amounts or types
of student financial aid, limitation of eligibility for student
financial aid, or the application of different criteria to applicants
for student financial aid or for participation in the provision of
student financial aid by others. Nothing in this subdivision shall be
construed to prohibit an educational institution from administering,
or assisting in the administration of, scholarships, fellowships, or
other forms of student financial aid, established pursuant to
domestic or foreign wills, bequests, trusts, or similar legal
instruments or by acts of a foreign government, which require that
awards be made to members of a particular sex; provided, that the
overall effect of the award of these sex-restricted scholarships,
fellowships, and other forms of student financial aid does not
discriminate on the basis of sex.
(c) On the basis of sex, exclusion from participation in, or
denial of equivalent opportunity in, athletic programs. For purposes
of this subdivision, "equivalent" means equal or equal in effect.
(d) An educational institution may be found to have effectively
accommodated the interests and abilities in athletics of both sexes
within the meaning of Section 4922 of Title 5 of the California Code
of Regulations as that section exists on January 1, 2003, using any
one of the following tests:
(1) Whether interscholastic level participation opportunities for
male and female pupils are provided in numbers substantially
proportionate to their respective enrollments.
(2) Where the members of one sex have been and are
underrepresented among interscholastic athletes, whether the school
district can show a history and continuing practice of program
expansion that is demonstrably responsive to the developing interest
and abilities of the members of that sex.
(3) Where the members of one sex are underrepresented among
interscholastic athletes, and the institution cannot show a history
and continuing practice of program expansion as required in paragraph
(2), whether the school district can demonstrate that the interest
and abilities of the members of that sex have been fully and
effectively accommodated by the present program.
(e) If an educational institution must cut its athletic budget,
the educational institution shall do so consistently with its legal
obligation to comply with both state and federal gender equity laws.
(f) It is the intent of the Legislature that the three-part test
articulated in subdivision (d) be interpreted as it has been in the
policies and regulations of the Office of Civil Rights in effect on
January 1, 2003.
(g) On the basis of sex, harassment or other discrimination among
persons, including, but not limited to, students and nonstudents, or
academic and nonacademic personnel, in employment and the conditions
thereof, except as it relates to a bona fide occupational
qualification.
(h) On the basis of sex, the application of any rule concerning
the actual or potential parental, family, or marital status of a
person, or the exclusion of any person from any program or activity
or employment because of pregnancy or related conditions.
231. Nothing herein shall be construed to prohibit any educational
institution from maintaining separate toilet facilities, locker
rooms, or living facilities for the different sexes, so long as
comparable facilities are provided.
231.5. (a) It is the policy of the State of California, pursuant to
Section 200, that all persons, regardless of their sex, should enjoy
freedom from discrimination of any kind in the educational
institutions of the state. The purpose of this section is to provide
notification of the prohibition against sexual harassment as a form
of sexual discrimination and to provide notification of available
remedies.
(b) Each educational institution in the State of California shall
have a written policy on sexual harassment. It is the intent of the
Legislature that each educational institution in this state include
this policy in its regular policy statement rather than distribute an
additional written document.
(c) The educational institution's written policy on sexual
harassment shall include information on where to obtain the specific
rules and procedures for reporting charges of sexual harassment and
for pursuing available remedies.
(d) A copy of the educational institution's written policy on
sexual harassment shall be displayed in a prominent location in the
main administrative building or other area of the campus or
schoolsite. "Prominent location" means that location, or those
locations, in the main administrative building or other area where
notices regarding the institution's rules, regulations, procedures,
and standards of conduct are posted.
(e) A copy of the educational institution's written policy on
sexual harassment, as it pertains to students, shall be provided as
part of any orientation program conducted for new students at the
beginning of each quarter, semester, or summer session, as
applicable.
(f) A copy of the educational institution's written policy on
sexual harassment shall be provided for each faculty member, all
members of the administrative staff, and all members of the support
staff at the beginning of the first quarter or semester of the school
year, or at the time that there is a new employee hired.
(g) A copy of the educational institution's written policy on
sexual harassment shall appear in any publication of the institution
that sets forth the comprehensive rules, regulations, procedures, and
standards of conduct for the institution.
221.5. (a) It is the policy of the state that elementary and
secondary school classes and courses, including nonacademic and
elective classes and courses, be conducted, without regard to the sex
of the pupil enrolled in these classes and courses.
(b) A school district may not prohibit a pupil from enrolling in
any class or course on the basis of the sex of the pupil, except a
class subject to Chapter 5.6 (commencing with Section 51930) of Part
28.
(c) A school district may not require a pupil of one sex to enroll
in a particular class or course, unless the same class or course is
also required of a pupil of the opposite sex.
(d) A school counselor, teacher, instructor, administrator, or
aide may not, on the basis of the sex of a pupil, offer vocational or
school program guidance to a pupil of one sex that is different from
that offered to a pupil of the opposite sex or, in counseling a
pupil, differentiate career, vocational, or higher education
opportunities on the basis of the sex of the pupil counseled. Any
school personnel acting in a career counseling or course selection
capacity to a pupil shall affirmatively explore with the pupil the
possibility of careers, or courses leading to careers, that are
nontraditional for that pupil's sex. The parents or legal guardian of
the pupil shall be notified in a general manner at least once in the
manner prescribed by Section 48980, in advance of career counseling
and course selection commencing with course selection for grade 7 so
that they may participate in the counseling sessions and decisions.
(e) Participation in a particular physical education activity or
sport, if required of pupils of one sex, shall be available to pupils
of each sex.
221.7. (a) The Legislature finds and declares that female pupils
are not accorded opportunities for participation in school-sponsored
athletic programs equal to those accorded male pupils. It is the
intent of the Legislature that opportunities for participation in
athletics be provided equally to male and female pupils.
(b) Notwithstanding any other provisions of law, no public funds
shall be used in connection with any athletic program conducted under
the auspices of a school district governing board or any student
organization within the district, which does not provide equal
opportunity to both sexes for participation and for use of
facilities. Facilities and participation include, but are not limited
to, equipment and supplies, scheduling of games and practice time,
compensation for coaches, travel arrangements, per diem, locker
rooms, and medical services.
(c) Nothing in this section shall be construed to require a school
district to require competition between male and female pupils in
school-sponsored athletic programs.
223. This chapter shall not apply to the membership practices of
the Young Men's Christian Association, Young Women's Christian
Association, girl scouts, boy scouts, Camp Fire, or voluntary youth
service organizations which are exempt from taxation under
subdivision (a) of Section 501 of the federal Internal Revenue Code
of 1954, whose membership has traditionally been limited to persons
of one sex, and principally to persons of less than 19 years of age.
224. The sex discrimination provisions of this article shall not
apply to any of the following, provided that these conferences comply
with other nondiscrimination provisions of state and federal law:
(a) Any program or activity of the American Legion undertaken in
connection with the organization or operation of any Boys State
conference, Boys Nation conference, Girls State conference, or Girls
Nation conference.
(b) Any program or activity of any secondary educational
institution specifically for any of the following purposes:
(1) The promotion of any Boys State conference, Boys Nation
conference, Girls State conference, or Girls Nation conference.
(2) The selection of students to attend any of those conferences.
224.5. (a) There is hereby established the gender equity
train-the-trainer grant program. The Superintendent of Public
Instruction shall award grants from funds available for that purpose
to the governing boards of school districts and county offices of
education for the implementation of programs to train trainers in
gender equity.
(b) The Superintendent of Public Instruction shall, with the
approval of the State Board of Education, develop criteria for the
grant applications . The Superintendent of Public Instruction shall
select as grant recipients applicants that have clearly demonstrated
all of the following:
(1) Grant moneys will result in the grantee providing ongoing
gender training to all staff members, including certificated and
classified staff, and maintaining a pool of knowledgeable gender
equity trainers.
(2) The applicant has considered other available federal and state
funding resources for gender equity training and coordinated those
resources, as appropriate with a grant under this section.
(c) A grant application shall include an evaluation plan for
determining the extent to which the expected benefits of the trainer
program are being realized. The results of the evaluation shall be
reported to the governing board of the school district or county
board of education, as appropriate.
(d) The Superintendent of Public Instruction shall implement this
section only in fiscal years in which sufficient funds have been
appropriated for this purpose. To the extent funds are available in
multiple years, the Superintendent of Public Instruction shall award
grants in a manner that ensures that training is available in all
parts of the state.
(e) No more than a total of one hundred thirty thousand dollars
($130,000) of state funds may be expended in any fiscal year for
purposes of this section.
225. This article shall not preclude father-son or mother-daughter
activities at an educational institution, provided that if such
activities are offered for students of one sex, opportunities for
reasonably comparable activities are offered for students of the
other sex.
229. Nothing contained in this article shall be construed to
require any educational institution to grant preferential or
disparate treatment to the members of one sex on account of an
imbalance which may exist with respect to the total number or
percentage of persons of that sex participating in, or receiving the
benefits of, any state supported program or activity, in comparison
with the total number or percentage of persons of that sex in any
community, district, or other area. However, this section shall not
be construed to prevent the consideration in any hearing or
proceeding under this article of statistical evidence which tends to
show that such an imbalance exists with respect to the participation
in, or receipt of the benefits of, any state-supported program or
activity by the members of one sex.
230. For purposes of this chapter, harassment and other
discrimination on the basis of sex include, but are not limited to,
the following practices:
(a) On the basis of sex, exclusion of a person or persons from
participation in, denial of the benefits of, or subjection to
harassment or other discrimination in, any academic, extracurricular,
research, occupational training, or other program or activity.
(b) On the basis of sex, provision of different amounts or types
of student financial aid, limitation of eligibility for student
financial aid, or the application of different criteria to applicants
for student financial aid or for participation in the provision of
student financial aid by others. Nothing in this subdivision shall be
construed to prohibit an educational institution from administering,
or assisting in the administration of, scholarships, fellowships, or
other forms of student financial aid, established pursuant to
domestic or foreign wills, bequests, trusts, or similar legal
instruments or by acts of a foreign government, which require that
awards be made to members of a particular sex; provided, that the
overall effect of the award of these sex-restricted scholarships,
fellowships, and other forms of student financial aid does not
discriminate on the basis of sex.
(c) On the basis of sex, exclusion from participation in, or
denial of equivalent opportunity in, athletic programs. For purposes
of this subdivision, "equivalent" means equal or equal in effect.
(d) An educational institution may be found to have effectively
accommodated the interests and abilities in athletics of both sexes
within the meaning of Section 4922 of Title 5 of the California Code
of Regulations as that section exists on January 1, 2003, using any
one of the following tests:
(1) Whether interscholastic level participation opportunities for
male and female pupils are provided in numbers substantially
proportionate to their respective enrollments.
(2) Where the members of one sex have been and are
underrepresented among interscholastic athletes, whether the school
district can show a history and continuing practice of program
expansion that is demonstrably responsive to the developing interest
and abilities of the members of that sex.
(3) Where the members of one sex are underrepresented among
interscholastic athletes, and the institution cannot show a history
and continuing practice of program expansion as required in paragraph
(2), whether the school district can demonstrate that the interest
and abilities of the members of that sex have been fully and
effectively accommodated by the present program.
(e) If an educational institution must cut its athletic budget,
the educational institution shall do so consistently with its legal
obligation to comply with both state and federal gender equity laws.
(f) It is the intent of the Legislature that the three-part test
articulated in subdivision (d) be interpreted as it has been in the
policies and regulations of the Office of Civil Rights in effect on
January 1, 2003.
(g) On the basis of sex, harassment or other discrimination among
persons, including, but not limited to, students and nonstudents, or
academic and nonacademic personnel, in employment and the conditions
thereof, except as it relates to a bona fide occupational
qualification.
(h) On the basis of sex, the application of any rule concerning
the actual or potential parental, family, or marital status of a
person, or the exclusion of any person from any program or activity
or employment because of pregnancy or related conditions.
231. Nothing herein shall be construed to prohibit any educational
institution from maintaining separate toilet facilities, locker
rooms, or living facilities for the different sexes, so long as
comparable facilities are provided.
231.5. (a) It is the policy of the State of California, pursuant to
Section 200, that all persons, regardless of their sex, should enjoy
freedom from discrimination of any kind in the educational
institutions of the state. The purpose of this section is to provide
notification of the prohibition against sexual harassment as a form
of sexual discrimination and to provide notification of available
remedies.
(b) Each educational institution in the State of California shall
have a written policy on sexual harassment. It is the intent of the
Legislature that each educational institution in this state include
this policy in its regular policy statement rather than distribute an
additional written document.
(c) The educational institution's written policy on sexual
harassment shall include information on where to obtain the specific
rules and procedures for reporting charges of sexual harassment and
for pursuing available remedies.
(d) A copy of the educational institution's written policy on
sexual harassment shall be displayed in a prominent location in the
main administrative building or other area of the campus or
schoolsite. "Prominent location" means that location, or those
locations, in the main administrative building or other area where
notices regarding the institution's rules, regulations, procedures,
and standards of conduct are posted.
(e) A copy of the educational institution's written policy on
sexual harassment, as it pertains to students, shall be provided as
part of any orientation program conducted for new students at the
beginning of each quarter, semester, or summer session, as
applicable.
(f) A copy of the educational institution's written policy on
sexual harassment shall be provided for each faculty member, all
members of the administrative staff, and all members of the support
staff at the beginning of the first quarter or semester of the school
year, or at the time that there is a new employee hired.
(g) A copy of the educational institution's written policy on
sexual harassment shall appear in any publication of the institution
that sets forth the comprehensive rules, regulations, procedures, and
standards of conduct for the institution.
