Common use of Individual Student Clause in Contracts

Individual Student. a. For the duration of the Student’s enrollment in the District, with respect to District-controlled facilities, the District will continue to treat the Student the same as other female students in all respects in the education programs and activities offered by the District, including access to sex-designated facilities for female students at school, and at all District-sponsored activities, including overnight events, try-outs and participation in extracurricular activities on and off campus, consistent with her gender identity.2 However, the Student may request access to private facilities based on privacy, safety, or other concerns. 1 The District may utilize a consultant it has previously engaged, provided the individual or agency has the appropriate expertise. 2 With respect to District-sponsored or organized programs that take place in third party facilities outside of the District’s control, if the District learns that the Student has been denied access to sex-designated facilities for female students, the District will notify the third party or appropriate agency and cease contracting with or providing significant assistance to the third-party until appropriate policy changes are made. b. The District will ensure that the Student is not disciplined for acting or appearing in a manner that does not conform to stereotypical notions of masculinity or femininity. This Agreement does not preclude the District from applying its disciplinary procedures to any student, including the Student, in a nondiscriminatory manner. c. The District will notify the Student and the Complainant that they may, at any point during the Student’s enrollment in the District, request that the District develop a Student Success Plan (SSP) to ensure the Student has equal access and equal opportunity to participate in all programs and activities, and is otherwise protected from gender-based discrimination at school. If the District receives such a request, it will: i. offer the Student and Complainant an opportunity to involve relevant individuals in the formation of the SSP including, an advocate or representative of the Complainant’s choice (if any), a medical professional of the Complainant’s choice (if any), and District personnel familiar with the Student;3 ii. develop a SSP to provide the Student with safe and equitable access to all school and District facilities and activities, addressing any particular issues raised by the Student or Complainant; iii. document its meetings, recommendations, and decisions, including, but not limited to, the date and location of each meeting, the names and positions of all participants, the basis for its recommendations and decisions, and supporting or relevant documentation submitted by the Complainant or other meeting participant; and iv. when the need arises or at any time upon the request of the Student or the Complainant, review the Student’s particularized circumstances to determine whether the existing SSP is meeting her educational needs and ensure that the Student has equal access to and equal opportunity to participate in the District’s education programs and activities. Once constituted, the SSP will be in place for the remainder of the Student’s enrollment in the District or until the Complainant requests in writing that it be terminated. d. The District will remove all discipline imposed on the Student during the 2011- 2012 school year, and all related documentation, from the Student’s records.