Common use of BACKGROUND AND JURISDICTION Clause in Contracts

BACKGROUND AND JURISDICTION. The U.S. Department of Education, Office for Civil Rights (“OCR”), has completed its investigation into a complaint (the “Complaint”) filed against the Tehachapi Unified School District (the “District”) alleging severe and pervasive peer-on-peer harassment of a student in the District (the “Student”). More specifically, OCR investigated whether the Student was subject to sexual and gender-based harassment by his peers while attending school at the Xxxxxxxx Middle School (the “School”), and whether the District failed to take prompt and effective steps reasonably calculated to end the harassment, prevent the harassment from recurring, address the effects of the harassment, and eliminate any hostile environment resulting from the harassment. The U.S. Department of Justice, Civil Rights Division (“DOJ”) has joined OCR in the complaint resolution process. The Complaint followed the Student’s suicide attempt on September 19, 2010, which led to his death on September 27, 2010. Based on OCR’s investigation, OCR and DOJ (jointly referred to as the “United States”) have concluded that the District has violated the federal prohibitions against sex-based harassment under Title IX of the Education Amendments of 1972 (“Title IX”) and Title IV of the Civil Rights Act of 1964, 42 U.S.C. 2000c, et seq. (“Title IV”).1 More specifically, the Student suffered sexual and gender-based harassment by his peers, including harassment based on his nonconformity with gender stereotypes;2 the harassment was sufficiently severe, pervasive, and persistent to interfere with and limit his ability to participate in and benefit from the services, activities, or opportunities offered by the District;3 the District had notice of the harassment; and the District did not adequately investigate or respond appropriately as it is required to do by federal law. 1 In addition to sexual and gender-based harassment, including harassment based on nonconformity with gender stereotypes, the conduct toward the Student included harassment based on his sexual orientation, which may constitute a violation of California state law prohibitions on discrimination and harassment based on gender, sexual orientation, and other categories. See Cal. Ed. Code §§ 200-234.3. While OCR and the DOJ do not enforce state laws, the District is obligated to comply with both federal and state laws. 2 Throughout this Agreement, the phrase “gender stereotypes” refers to stereotypical notions of masculinity and femininity.