Legislative File No. 19-1434

I. RECITALS

Oakla.nd Unified School District Settlement Agr.eemc.nt

1. This Settlement Agreement·and Release{"A;$feement''.) is made between Oakland._ .Unified ·School Distdcf "District" or "OUSD''), its·agents and representativ~, qDd.

(:ollcctively, "Claimants") attends school within the Qaklund Unifi~d S~hool Di.strict and whose .real names appear 011 E-':hibit 1 hereto.

2.. The "P~es" ~ the Agn~eme~1t a.F.e the District and Claimant.s.

;J. On or a:bmn Septembet l 8, 2018., Claimants,. b.y and through their c.0unsei, Legal Aicl ijt'Work, ("Cla~zjlts' Counsel,,),. sent a letter to the District alleging ~hat the administration of'OUSD's··athletic program,. with respecno Jiar:t'.icipation: oppo11,unities·.and al.so in r.eg~ to related treatment and benefits issqes, violated the Bistrict's obUgatio·ns .. under Title IX of the Education Amendments of 1972 (20 U.s·.c. § 1.681 ~I seq.) ("title iX").

4. The. Parties have engaged inn~gotiatio11s·to resolve their-disputes, The Parties uow agree that it is (n their interes.i and the publiµ 's..bestintere~t .to resolve· fhis di~pute amic.abl.y, and,. accordingty, have agteed to voluntarily enter foto th.is. Agreement.

5. In additio~ to the Agreement, the Distri9t agrees to enter into a \VOrk.ing.re1ationship, foemotjalized thr6qgh a cooti;ac( with a Title IX Consu.ltani.,to aid in addressi.ng any

Title 1X atlµ~tics .inequity issue;;. 111e District shall retain tl~e Title IX Consultant .for one. (1) caleµdar ye~. retalning-th~ Title IX Const,ilt.ant within thii:ty (30 d~s) of the date of the ex.eeuti'on of this Agreement, to asse.ss ge.nde1· .. equity un\ier Title IX in OUSD. athletic programs. The District has the discr.etion to further l'etain the Title IX Consuftant ofter-the.fu:st year to continue ood complete ·the process of evalltati.ng aod addresslng any identified ,gender incql'ifty in OUSD athletic. programs.

~I. RE~IEF

1. Term -The te1m of this Agreement sball be.for three full calen~ar years frpm the date of·full.exe·cufron:0ftli.e·Agreeme11t, until June 30, 2023 CiTcrm").

2. ScQpe - This Agreement peitai1is to all Dlstiiet middle 3.l)dhigh $ch901s·a:d111inist~ririlt any·for.m bf jnterscholastit ath1et.ics pmgramming, and any Qther·schools with bl,erspholastic ~tliletic~ .prog.r~nming (~.g., el.em,entary schootsr

3. General Provisio1.1s.

i Posting- The District will prominently Jniblish-011 the.District web site Ce,g .. i'Abol.\~ Titl~ IXj' web site. https://W\\:w.ousd.or.u/P-age/17832) ano all OUSD

Legislative File No. 19-1434

school web sites (oq t4e "Athletics" pege.of the scho.ol ·site, th~. main home ·page,,or a special "Title- IX" page) the name and contact ii1forma1.ion oflhe Title IX Coordinator(s) at th~ District as w~H as the proce.s.s throµgh which a Title lX cory1plaint crui.be. made'(in accordance With SB 1375, Sectroti 221.61 to the Educatio11 Code), 11J1d such information shall aiso. be prominently posted on the Oaklai1d Athletic Le~gue png~ as well as made part of the annt,~l notifications handbook that is given to parents before the start of every scho'ol year-... Promil\ently"' is d~fins:.q as ••standing ~ut s_o as to be. seen easiJy."

ii. Compliance Re·po.rting

a. July Annual RepQrts-In occordance with ~e repprting process.and approach (i.e., forms used and data supplied) reoommeildea bf .the Title 'i:x Consultant, the District will ~imultaneously provide to the Title I?{ Coi:isuliant .(wbiJe ·r.etainea) and to Claimants! GQu,:isel (during the Tenn)f Aru1ual Repo.cts starting in:the 2019-2020' school year and cqnt~nuing. throughou·t ~e Tetm of the Agi:eemcnl. Annu~l R~pqrts will inc!Utfe supportinlrdooumelltarion as to each and every pro\lision of the Agreement.regardiT\g participation oppo~nitie.s ~ ~el! .as treat)Jlent ~nd benefits at ea'clr and c:;veiy OUSD school offering any fortn oJ interscholastic competitive athletics, regarding.the preceding fall, winJer, and spring sports sea$ons. The.Title~ IX Consultant will provide the necessary forms for each.school \.Vithin the District to co1~1pl ete, fonning the J.uly Apnual Reports. The bistljct. will CQ\}VC.,Y v_.ia e-mail or~ fj.}e.:sb·aring~rvic·e the July AnhWll Reports simul taneousiJ to the Thle IX 'Cousultant (whlle retainecl.) and ·to C.laimants' <;ounsel (throughOU:l thcT~rm) oh.July 31 9f each year of the Tetnr. Once submitted, the Parties will-endeavor to have a call or meeting.regaz:din~ the July Ap.nual Reports witl1i11.to~rty (3.Q) day.s •

. b. January Check-In Reports - By Japuary-'.3'1 af.ea~lr :year ofthc Term, a~ to ~ach and every OUSD school offering any for-m ofintcfSoholastit competitive athletics, the Disnfot will:-Si.multaneously provicle to Pte­title IX C.onsuli-a.nt (wbUe ·retained) .and to Claimants; Counsel (durin·g the Term}, participation opportonities ·data for the·preceding fall and curr~mt wint~r s1~orts ;:;easons· along witlt·.any ava.il.~~le projections for the upcoming spring season. On~. submitted .. the Parties ·will en·dea:vor to have a uall or meeting rega.£ding tlte January Check-Ji, Reports. withi.n lhirty (30) qays.

III. Equ.itab'Ie Participation .Opportunities -Assessment and Rcmc~liat'ion

1. Participation- Data. & PrQpOl"tionali~

i. The Oisti:ict WiU,achieve substantial prdpott'ioli.ality- uo late( than the end of the Tenn at all OUSD sc)loo'ls with foterschol8.$tic a'thleu.c co.m.petitiou ..

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Legislative File No. 19-143.t

a. !'Substar1.tiaL pro.po11'lqnaljty'': Fpr·exW11ple, if girls make llP 48o/o 9f the student body. and boys make up 52% of the studerit body at n·n OUSD sd100J:, .then at least 48%ofilie athletic p.articip.?tron opportunities at tbaL s.cbool shall be afforded tQ .girls and at most 52%. of the participation opport'un'ities .shall be alforded to boys. Variation from cxac~ proportionality js pem1itted where, ·if oppo1turuties- were proportional,. the numb\!r of .(e~ale participants would be nof enough tQ add additional viable teams.

2. if sobstantia.l proportionality is not reache.d by the end oNhe Term; th~n the DistTict must show thai it has fu1Jy as~es~d anp respQnd~d tp cur~nt in.tetc;~~ ~d ab~lities of female students ·at all schools with interscholastic atl1lctics, compl~tely meeting ruI interest expressed by femaJe stu.dents. T~e Dist;ict..must sh9-w tfm1ugb an. ~dditional report that it lias completed"the foJlow.ing by·the end of the Te1m and fou·nd no unmet interest among female stud~ts.

l. Conducted surv<'!ys per'Section·nt.4 . . (Surveys). n, Completed and presented data c<;>ncerni11g female ·students' r;ttes of

participation in ·any non-mand·atory or elective physical edm:ation classes offered at otrso.

iii. ld~ntifi~d. ait vhible gjrls:' ·sports progr~m:s/feamsl:leve.ls elimtnoteq or discominued throughout OUSD -in the past tea (10). school Y.c·ars;

iv. E:~~ie~ed annu~lly tl1C Jmmbcr: of female s_tu~ents ·who wer~ cul from ~ch re~ at any OUS.D school with iatcrscholastic,atblct1cs; and the reasons they were,.cut, to assess whether aµy oflhose s.t.tJde.o~ ~~ct.or ha.ve the ability to compete in :that sport and whether sufficient numbers of students were cut to sus·raj n -another team/l'evel of the sport.

v. Id.entified thespo.rts aiid levels of $ports for fem~le .$.tudents thaLare not currently offered through the District, but are offered by public or private· schools that compete witl~in ~went:y (20) mil~s; a,n~ ·

vj. Assessed girls' h1terests ic:t youth and co~unity ~ports in the OUSD _geographic area\ includh~g, but not lim'ited to, new an~. emc.r.ging sports.

3. Should any unmet interest among female st"U;dents bd¢11t1fied through f!i~ steps above-(Section 1U,2.i.-vi.), ~ District must add relevant and responsive sports offerings for g'irls .no later than one (l) year foll0wing the ·end of the Tenn (June 30, 2023) acco.mpanred qy a report sub,mitted.by Juoe 30, '2024 dem01,sb:ating-·all girls.' interests in spotts are reasonably met

4, Surveys

'l. The District will c~ndu~t annual ~-ur-v.eys· of female ·studeµt interest (efpprov<?4 as to form by the Title IX Consultant) in the first )'ear of the Term, ineluding ·during. the ·io J 9;202'0. ~chool year, no late.r than Ma~· 15, ~P2.0, with a focus on deter~riing:the team~~p·<;>rts/levels girls would li"ke ro play on/in greater numbers at all District mi'1dle and high scl1001s otfermg inte(schcilastic -atl,lletics.

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Legislative File No. 19-1434

ii. The Di~triet wi.Jl partuer with the Oakiapd Athletic Le~gue C~OAL") to dctefmine whethe1: and .which $ports ai1d: levels·sho-µld be added th1·oughout the OAL based ·on the·sports idt11tified as popular among-female sn1de.nLc;.

IV. Equitable Tr.eatmcnt and Benefits - Assessment and Remediation

1. The District shalJ ~nsute equitable treatment and be11efits for female student athletes in ·comparison to -male. ~tudent ~thletes, regardles~ of the s.ource of ·sucJ:1 treatment-and benefits (e.g., don~tions, team fvndraising, coach's. property, proc4remerit with school funds), as to .the followi11g athletic ·progtam components: equipment and sur.plies; facilitie$; $Cheduling; co~ching; publicity a11d prom.otional support; fundraising·~ train~ facilities, arid services; and travel/transportation.

2 •. The Distri.c.t will retain the. servj.ces of a Title IX Consultant for on~ cale11dar year (p-cr Section i.S.) to assist in ass.essrnent of the Distriefs .provision of athletic tr~atmeut and b<:n~fils ta its female student~ .. Ba!?ed on such ~$5<!$.Sment, tqe District sh~U ~~dre$~ treatinent and benefits issues, if any, per Section IV ani:I report on such issues pet Section Il.3 .ii. (C9.mpliance Reporting).

3.. As to ·each Title I:X treatment and benefits component. the .District ·sh.all assess what' is p~ovide.d to m~le ~d female athletes.;:mcf tea·ms oQ an on.going basjs lo ensure equ.ity ai1d remediate where sirls are no.t receiving· equitable treatment and bei-iefit!l.

i. Equipment and:Supplies - The District sh.all ensure tbatall female athletes and teams re,c.elve equitable equipment.and supplies, in eompar.ison. to male .att{lete_s.ap_d _teams,. inc:Juding but not lih1ited to'unifonns, practice'·apparel, miscellaheo.us. athletic:.gear~ -and a·ny other items ne~ssary for·praciiee, conditioning, an.d. competitive play-.

·ii. .Facilities. - The District shall ensnre that all .female: athletes· and t~an)s throughout the Distriet have eqo.jtable practice and competitive facjliµes-to those provided t6 male athletes ·and t~ams, induafag. bt1t not.limited to facilities used for practice an4 play, locker r9oms, team r.o.oms, and stomge ·spaces.

j'ii. Schcduling-·Th·e District shall enstue that all female athletes and teams.have· equitable access to scheduled times for ·competition. and· practice ,as male .atlj1¢tes ~nd lean~s (e.g., nl\mber of pra~tices.and -games/t'oumaments/scrimmages,. Jet~gth ef practice- time, pdme d.iys of lhe WeQk and times Q.f the qay for pra:ctice and c9mpe~ition, ·etc.).

iv. Coaching- The District shall ensµre that all female athlete.s ;md te.ams: have ·qoaches.of equitable q,uality .to p~a\e ~thle.tes and te'a~i1s (e.g . ., in tc;irms of ·expct'ie11ce, qualificafions,.a·nd availability to stltdents); s1.1bject to requirements set forth in applicable law an~ the Distrfct's collective bargaining agreements.

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Legislative File No. 19-1434

v. Publicity and Promotional 'Support - The Dis_trict sball.~n~ui-e that all femal~ athletes and 1ca.ri1s recci_ve equitable publicity and proinoiiortai suppon 1n eomparison·to male athletes and teams (e .. .f, .. ch~cr amfband presence at games, ye.arboo·I< coverage, printed 1naterials. banquei~.-rallies, asseniblies, awards, marquee recognition1 scht~ol newspaper coverage, ere}

.vi. Fundraising Monitoring of ()USDffhir~-J)_arty Coillrib:uti()nsiB.oostcrs/Dudgcts - The Oistr1.ct ·sh~l ensure tha.i athletic fundi!)g and fundraising concl~cte~ by ~he District, OU$D teams, :and/or .

·outsiEle third parties, ·cto·not create i.nequides.in the'provision of treaunent and !:>en~fits. t..o femal~ athletes.and. team~ in compap~on to male atlµetes Rl)d teams.

vu. Tra_iniilg F~cilitics. a~d ~eni~es -·Th.e District spall ensur~ that edl female athletes· and teams have equitable access to -rutd usage of any. weight rooms or other fitness facilities throughout the Distrlct in compari;m11 to male athletes ·and teams (e.g.·; weight rooms. conditioning facilities. traihing rooms prov1d~g inj'1ry pr~venfron .and treatment. serviees, etc.).

:viii. Tr.aveltrransportation - The Disb·iet shall ensure that ail female ·athletes- and teams have eq'uitabl!! access to travel and .tr.anspor.t~ti<;m,as rt1ale athlet,es:and teams (e.g., access to charter busses,_etc.).

V. o ·tl~cr, Terms

1. Ti.de.IX Training -After receiving trair:ung·.from the 'ritle IX Consultant, the :District will provide 1ralriing fo relevant District personnel (lnduduig.but riot limited to.an .OAL staff"and gll Athletic Direetors), if .and as recommepd~d.by the Title IX Consul.tant. All traini~g 'ajll ~ evidenced i'n_ cleai:., legible .s i-gn.:iri sheets and certificaiions, -which is· t.o be incl.uded in Compliance Repo11ing, -as described t1,bov~ .in Section U.3.ii= (Complja!}cc R~porting).

2. Comp la.int and Anti~l<etaUaiion ·Polij:l' & lVIcasur~s - The. Distri~i wjfl create a clear Title IX Cpmpliµtit and Anti-Retaliation P.oiicy and distribute; such infonnati6n prominently .{per.the aforementioned definition) on the OAL website, in th~ Distrfot;s annual. i1otice ·to parents, ~d in.,a,thletics handbook~ on -an annu.al basis throughotir the Term.

3, M:o.n"itor.ing Period and Reporting Demonstrating Compliance - Per the.above, ·the Term of the ·Agreement, Claimants-; Counsel ·will moniton~ur:ing ~he._ Term and .the District" will provide docur:ne1itation. of its C9rnpHancc through Compli~ce Reporting,.. as described above in Secti0n l f.3.ii. (Compiiance. Rcporti11g).

4. Enforcement Through Court Action,As Necessary· Should the District not. substantially complY';wi°tb: this Ag(e.ement. Claimants' Co:unsel n1ay bring a,11 action in .Court ;tp· enforce the: Agreement.

5. ·fl:~pert f Ongoing· 1'-echnical Assistance - The Title.IX Consultant sl1.all work witb. the District to·implement the terms of the Agreement by assessing the TitJc IX

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Legislative File No. 19-1434

athletics issues, tra:iµing relevant .District stakeholders Qn Title IX a\hletics. issues, an_d helping tlJe District crea~e·a plan to aqdtessany unresolv~d Titl'tHX issues. The District, -Claimants' Counsel, and tl1e 1'itle IX Consultant (while retained) shall meet three-times a yeai: tQ ·disc.\L'iS ihe, DJstrict.' s progres$ in ·~ddressing lh.ese issues.

6. .Site Visits - Th,e District will perminhc Title IX Consult~nt andior Cla.irr~ants' 9ounsel_to co1iduct ·site visits to an>' and all elementary, ri1id~I.c. and high school ·campuses aud related ·athletic facilities where District ·schools-are ~ondt;IP.ti,!lg intersc.hoJas.tic athletic,:,s, to ·assess Title IX iss.ues diufag the Term,. with arrangements made witli -District personnel so "2S to ensure little -to ·no ·disruption to student activities·. Clai~ants:' CounseJ will give one ( D DlQ~th advance.notic;e_ pf.intentio.n. tf>

v.isit and schedule acci>~a.ing to ~he D1stticfs availability. Claimailts., Counsel w.m .limit in-person site visits to no more than fo.ur ( 4)-sch.ooh per- calendar year with a ~na-l(irnum qffour (4) hou.r's.per visit. The Dis.trictag~es that .it will provide co1:uplete photo·graphs of the athletic facilities anci l'elated areas (e.g., locker room.st storage. -areas, team rooms, fields, ~d.gyms) of any and all :.s~h9ols offering. interscholastic at~Jetfos that 8:fC not visited i.Q persdo. by the Title. I:X. Cons'ttltaiit or Claimants~ Counscl,. per the request of lbe'T1tle IX Consultant or-Claimant~' Com1Sel. Sucb photo.graphs wit.h explanatory 1a:bels v.-ill be provided wi'thin siXly (60) trays of the' request an,t shall ottly be taken and ~rovided ·during .a school year period· -0f the: Term-.

7. :Attorneys, · Fees and Costs - .In.'the intetest of'resolving this matter; the. District wtll pay ·CJaimants • Counsel for thefr ·reasonable attorneys• fees, .. costs. :an(] expGnscs accumulated thus f~r in this ll'!_atter, incl~1dir:lg those to ~ incurred a~ a r~µ1t of nionitormg this Agreement for d1e,.duration of the Term; in an amount totaling s'i~ty­eighi thous~md· dollars ($68;QOO) to be paiq within f.orty-tJve ( 4~) biisinc_ss .. days of 1he . date of the-execution of the Agrecrrterit; which is,s'tibject to DisLTict ·Board ap_proval.

·8. Retaliation - The District isprohibited'fr9m retaliating in.any manner against .~tupents, wrdf or ~1~ir families, coa.cl).es, age,nt$! ~1~ repres.e;otatives for asserting Title IX 1ights.and/ot fbr·making a compiaint .under Title IX.

For Claiinants:

Date: ----- By:-=======::----------~~ ~ h~$e .ilctual.sigaature a.ppecics oo ExhibitJ

hereto) on-

A'P.PROVED AS Tb FORM

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athletics issues, training relevant District stakeholders on Title IX athletics issues, and helping the District create a plan to address any unresolved Title IX issues. The District, Claimants’ Counsel, and the Title IX Consultant (while retained) shall meet three times a year to discuss the District’s progress in addressing these issues.

6. Site Visits – The District will permit the Title IX Consultant and/or Claimants’ Counsel to conduct site visits to any and all elementary, middle, and high school campuses and related athletic facilities where District schools are conducting interscholastic athletics, to assess Title IX issues during the Term, with arrangements made with District personnel so as to ensure little to no disruption to student activities. Claimants’ Counsel will give one (1) month advance notice of intention to visit and schedule according to the District’s availability. Claimants’ Counsel will limit in-person site visits to no more than four (4) schools per calendar year with a maximum of four (4) hours per visit. The District agrees that it will provide complete photographs of the athletic facilities and related areas (e.g., locker rooms, storage areas, team rooms, fields, and gyms) of any and all schools offering interscholastic athletics that are not visited in person by the Title IX Consultant or Claimants’ Counsel, per the request of the Title IX Consultant or Claimants’ Counsel. Such photographs with explanatory labels will be provided within sixty (60) days of the request and shall only be taken and provided during a school year period of the Term.

7. Attorneys’ Fees and Costs - In the interest of resolving this matter, the District will pay Claimants’ Counsel for their reasonable attorneys’ fees, costs, and expenses accumulated thus far in this matter, including those to be incurred as a result of monitoring this Agreement for the duration of the Term, in an amount totaling sixty-eight thousand dollars ($68,000) to be paid within forty-five (45) business days of the date of the execution of the Agreement, which is subject to District Board approval.

8. Retaliation - The District is prohibited from retaliating in any manner against students, and/or their families, coaches, agents, and representatives for asserting Title IX rights and/or for making a complaint under Title IX.  

For Claimants:

Date:__3/10/20_____ By:__________ _________________________ (whose actual signature appears on Exhibit 1

hereto) on

APPROVED AS TO FORM

________________________________Jody London, PresidentBoard of Education

________________________________Kyla Johnson Trammell, SecretaryBoard of Education

3/12/2020

3/12/2020

CLAIMANTS' COUNSEL

Date: 3/10/20 By:_

For the District:

APPROVED AS TO FORM

Date '3j / 1~

31 ~430/4648480. l

Kim Turner

Legal Aid at Work

Fair Play for Girls in Sports Project

Andrea :-0~1sel

Melissa Phung

Attorneys for Oakland Unified School District

Fagen Friedman & Fulfrost, LLP

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Oakland Unified School District Settlement Agreement

Amendment No. 1

This Amendment ("Amendment No. l ") modifies the Settlement Agreement and Release ("Agreement"), executed on March 10, 2020, made between Oakland Unified School District ("District" or "OUSD"), its a ents and representatives, and Legal Aid at Work on behalf of.

( collectively, "Claimants") attends school within the Oakland Unified School District.

The Parties agree to modify Section III.4.i. of the Agreement as follows:

The District will conduct annual surveys of female student interest during the 2020-2021 and 2021 -2022 school years of the Term (approved as to form by the Title IX Consultant). Surveying shall start during the 2020-2021 school year, no later than three weeks following the opening of school for the Fall 2020 term or if closed for the Fall semester, three weeks following the re­opening of school occurring after that time, with a focus on determining the teams/sports/levels girls would like to play on/in greater numbers at all District middle and high schools offering interscholastic athletics.

All other provisions of the Agreement shall remain unchanged and in full force and effect as originally stated.

AGREED:

Legal Aid at Work

)4M~ I 5/15/20

-------- - --- - ~ ...... • •

Kim Turner Date •• • , . Oakland Unified School District

~ ::> • I . ' Andrea Epps : .· • • Date

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