Chapter 2

COL 11060917GCA EDUCATION CH.2SEX DISCRIMINATION 1CHAPTER 2 SEX DISCRIMINATION IN EDUCATI ONAL INSTI TUTIONS 2009 NOTE: P.L. 28 -045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P .L. 30 -050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Educatio n. References to Guam Public School System have been changed to Department of Education pursuant to P.L. 30 -050:3. § 2101. Declaration of Purpose. § 2102. Prohibition Against Sex Discrimination. § 2103. Definitions. § 2104. Textbooks, Sex -Role Stereotypes, Training for Teachers and Counselors. § 2105. Facilities. § 2106. Authority to Issue Regulations. § 2107. Compliance. § 2108. Enforcement. § 2101. Declaration of Purpose. It is the policy of the territory of Guam to afford to all persons regardless of sex, equal rights and opportu nities in the educational institu - tions. This Chapter is to prohibit acts which are contrary to such policy and to provide remedies therefor. SOURCE : '11050 GC, as added by P.L. 14 -46. § 210 2. Prohibition Against Sex Discrimina tion.

ns. This Chapter is to prohibit acts which are contrary to such policy and to provide remedies therefor. SOURCE : '11050 GC, as added by P.L. 14 -46. § 210 2. Prohibition Against Sex Discrimina tion. (a) No person shall be subjected to discrimination on the basis of se x in any pro gram or activity of an educational institu tion receiving or benefiting from government of Guam funds. (b) For purposes of this Chapter, discrimi nation on the basis of sex shall include but not be limited to the following practices: (i) On the basis of sex, exclusion of a person or persons from the participation in, denial of the benefits of or subjection, to discrimina - tion in an y academic, extra -curricular, research, occupa tional training or other program or activity; (ii) On the basis of sex, provision of different amounts or types of financial assis tance, limitation of eligibility for such assis tance, the application of diff erent criteria to applicants for financial assistance or COL 11060917GCA EDUCATION CH.2SEX DISCRIMINATION 2partici pation in the provision of such financial assis tance by others; and (iii) On the basis of sex, exclusion from participa tion in or denial of equal

060917GCA EDUCATION CH.2SEX DISCRIMINATION 2partici pation in the provision of such financial assis tance by others; and (iii) On the basis of sex, exclusion from participa tion in or denial of equal opportunity in athletic programs. This S ection shall not apply to the admissions policy of any institu tion of undergraduate higher education which is an institution that traditional ly and continually from its establishment has had a policy of admitting only students of one sex. SOURCE : '11051 GC, as added by P.L. 14 -46. § 2103. Definitions. The following definitions shall govern the construction of this Chapter: (a) Educational institution means any pre school, elemen tary or secondary school, any institution of vocation al, professional or hi gher education, or a public board of education, or other public authority legally constituted for either administrative control or direction of, or to perform a service function for public elemen taryor secondary schools on Guam. (b) Government of Guam Fi nancial Assistance means: (i) The provision of funds authorized or appropri ated pursuant to law provided by loan, grant, contract, tax rebate, formula, alloc ation or any other means for:

of Guam Fi nancial Assistance means: (i) The provision of funds authorized or appropri ated pursuant to law provided by loan, grant, contract, tax rebate, formula, alloc ation or any other means for: operation or mainte nance; acquisition, construction, renovation, re storation or repair of a building or facility or any portion thereof; scholar ships, loans, grants, wages or other funds extended to any educa tional institu tion for payment to or on behalf of stu dents admitted to such institutions, or extended directly to such students for such institution. (ii) A grant of government property or any interest therein. (iii) Provision of the services of govern ment personnel. (iv) Sale or lease of government property or any interest the rein at nominal or reduced consider ation or permission to use govern ment property or any interest therein without consideration. (v) Any other contract, agreement or arrangement which has as one of its purposes the provision of assistance to any education programs or activity. SOURCE : '11052 GC, as added by P.L. 14 -46.COL 11060917GCA EDUCATION CH.2SEX DISCRIMINATION 3§ 2104. Textbooks, Sex -Role Stereotypes, Training for Teachers and Counselors.

ion programs or activity. SOURCE : '11052 GC, as added by P.L. 14 -46.COL 11060917GCA EDUCATION CH.2SEX DISCRIMINATION 3§ 2104. Textbooks, Sex -Role Stereotypes, Training for Teachers and Counselors. (a) The Department of Education shall encourage the use of materials which present a balanced view of the historical, cultural, literary, scientif ic, political and sociological contributions of women and discourage texts and materials which present an unrebut ted stereotypical view of either sex. (b) This Section shall not apply to instruc tional materi als utilized in any postsecondary program, n or shall the term instructional materi als be construed to include works of fiction or other literature. SOURCE : '11053 GC, as added by P.L. 14 -46. § 2105. Facilities. Nothing herein shall be construed to prohibit any educational institution from maintaini ng toilet facilities, locker rooms, or living facilities for the different sexes so long as comparable facilities are provided. SOURCE : '11054 GC, as added by P.L. 14 -46. § 2106. Authority to Issue Regulations. The Department of Education shall effectuate the provisions of this Chapter by issuing rules, regulations pursuant to the

: '11054 GC, as added by P.L. 14 -46. § 2106. Authority to Issue Regulations. The Department of Education shall effectuate the provisions of this Chapter by issuing rules, regulations pursuant to the provisions of the Administrative Adjudica tion Act. SOURCE : '11055 GC, as added by P.L. 14 -46. § 2107. Compliance. (a) An educational institution shall provide assurance to the Director of Administration that each program or activity operated by such educational institution will be operated in compliance with this Chap ter, pro vided that a single assurance may be provided for all programs under the jurisdiction of any institution. (b) An educational institution shall permit access by the Director of Administration during regular business hours to search of its books, records, accounts and other source of informa tion and its facilities, and shall permit the Director of Administra tion to make copies of any such written information as may be pertinent to ascer tain compliance with this Chapter. (c) An educational institutions shall, within one year of the effective date of this Chapter:COL 11060917GCA EDUCATION CH.2SEX DISCRIMINATION 4(i) Evaluate, in terms of the requirements o f

Chapter. (c) An educational institutions shall, within one year of the effective date of this Chapter:COL 11060917GCA EDUCATION CH.2SEX DISCRIMINATION 4(i) Evaluate, in terms of the requirements o f this Chapter and regulations issued pursu ant thereto, its current policies and practices and the effects thereof concerning admission of students, treatment of students and em ployment of both academic and non -academic personnel; (ii) Modify any of the sepolicies and practices which do not or may not meet the requirements of this Chapter; and (iii) Take appropriate remedial steps to eliminate the effects of any discrimination which resulted or may have resulted from adherence to these policies and pract ices. SOURCE : '11056 GC, as added by P.L. 14 -46. Amended by P.L. 28 -068:IV:42 and 47 (Sept. 30, 2005) ,effect ive Jan uary1, 2006; reference to Civil Service Commission changed to Director of Administration. § 2108. Enforcement. (a) Any person or organizat ion who believes himself or herself or any specific class of persons, or a third party acting on behalf of a person or organization who believes himself or herself subjected to discrimi nation prohibited by this Chapter may file

erself or any specific class of persons, or a third party acting on behalf of a person or organization who believes himself or herself subjected to discrimi nation prohibited by this Chapter may file with the Civil Service Comm ission a written complaint, not later than one hundred and eighty (180) days from the date of the alleged discrimina tion. Whenever a compliance review, report, complaint or any other information indicates a possible violation of this Chapter, the Civil Se rvice Com mission shall make a prompt investigation. If such investi gation indicates that a violation has occurred, the Civil Service Commis sion shall issue a Notice of Probable Violation setting forth the facts which constitute the violation and prescri bing the actions to be taken by the educational institution to terminate the violation. The recipient of a Notice of Probable Violation shall, within a period pre - scribed by regulations but not less than thirty (30) days, respond to such notice, admitting or contesting the facts therein and agreeing or objec ting, in whole or in part, to the remedial actions requested.

y regulations but not less than thirty (30) days, respond to such notice, admitting or contesting the facts therein and agreeing or objec ting, in whole or in part, to the remedial actions requested. Within thirty (30) days after such response, the Civil Service Commission shall arrange for a confer ence with the education al institu tion to seek agreement to terminate such discriminatory practices as may exist. Notice of such confer ence shall be provided to the complainant who shall have the right to attend. Any such agree ment shall be written and subject to public inspection. No agreeme nt shall be final unless the com plainant is a party to any agreement which may result or has specifically waived such right. Any individual com plainant COL 11060917GCA EDUCATION CH.2SEX DISCRIMINATION 5shall have the right to be represented by counsel and to be accompanied or represented by an organizat ion which represents that employee. No agreement under this Section which might affect the terms of an agreement between an employee organiza tion and the educational insti - tution shall be reached without the concurrence of said employee organization.

this Section which might affect the terms of an agreement between an employee organiza tion and the educational insti - tution shall be reached without the concurrence of said employee organization. (b) If an educational institution receiving a Notice of Probable Violation does not agree to take the remedial actions prescribed therein or does not, in fact, take such action, the Civil Service Commission may issue a Notice of Viola tion setting forth the basis for its finding that the educational institution is in violation of this Chapter and may, acting thereupon, terminate any or all state financial assistance to the insti tution. Any action taken pursuant to this Section shall be subject to judicial re view as is otherwise provided by law. (c) If a complaint with the Department of Education is dismissed by the Civil Service Commission or if, within one hundred and eighty (180) days from the filing of the complaint, the Department of Education has not terminated government financial assistance or taken other action to remedy discrimination, the Department of Education shall notify the complainant and the state the reasons therefor and, within one hundred and eighty (180) days

al assistance or taken other action to remedy discrimination, the Department of Education shall notify the complainant and the state the reasons therefor and, within one hundred and eighty (180) days after the giving of such not ice, the complainant may bring a civil action for damages and injunctive and affirmative relief, against the educational institution. In the case of any successful action by a complain - ant to enforce the provisions of this Chapter, the court shall award th e costs of the action, together with a reasonable attorney's fee, as deter mined by the court to the complainant. (d) The remedies provided by this Section shall be in addition to any other rights of a complainant at law or in equity. SOURCE : '11057 GC, as added by P.L. 14 -46. ----------