Milpitas Unified School District

The Title IX Coordinators/Compliance Officers handle complaints regarding gender equity, sexual harassment, and all forms of discrimination, including harassment, intimidation and bullying because of actual or perceived disability, sex, gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion, sexual orientation, age, marital or parental status, or association with a person or group with one or more of these actual or perceived characteristics. In the event of a complaint regarding gender equity, sexual harassment, or any form of discrimination, please contact one of the Title IX Coordinators/Compliance Officers (also referred to herein and under Board Policy and Administrative Regulation 1312.3 as the "compliance officer"):

Title IX, Formal Complaint Policy, Harassment concerning Staff
Damon James, Interim Assistant Superintendent of Human Relations
(408) 635-2600, extension 6071 | djames@musd.org
1331 E. Calaveras Blvd.
Milpitas, CA 95035​

Title IX, Uniform Complaint Policy, Harassment, Equity concerning Students
Michele Sherer, Director of Special Education and Student Services
(408) 635-2600, extension 6049| msherer@musd.org
1331 E. Calaveras Blvd.
Milpitas, CA 95035

Student complaints shall be submitted in written form in accordance with Board Policy and Administrative Regulation 1312.3 - Uniform Complaint Procedures. If the complainant is unable to prepare the complaint in writing, administrative staff shall help them to do so.

Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying that is based on sex. The time for filing may be extended up to 90 days by the Superintendent or the Superintendent’s designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complaint.

The compliance officer may informally discuss with all parties the possibility of using mediation within three business days after the compliance officer receives the complaint, if the mediation is deemed appropriate under the circumstances.

All complaints shall be appropriately investigated in a timely manner. Within 10 business days after the compliance officer receives the complaint, the compliance officer, or designee, shall begin an investigation into the complaint. The investigation shall include an opportunity for the complainant, or the complainant’s representative, or both, to present the compliance officer, or designee, with any evidence, or information leading to evidence, to support the allegations in the complaint. MUSD will issue a written decision based on the evidence within 30 calendar days from receipt of the written complaint, unless this timeline is extended by a written agreement with the complainant. 

Within 30 calendar days of receiving the complaint, the compliance officer will prepare and send to the complainant a written report of MUSD’s investigation and decision. If the complainant is dissatisfied with the compliance officer’s decision, he/she may, within five business days, file his/her complaint in writing with the MUSD Board of Education (“Board”). The Board will have the option of considering the complaint at its next regular Board meeting or at a special meeting. Should the Board choose not to hear the complaint, the compliance officer’s decision will be final. Should the Board choose to hear the complaint, the compliance officer shall send the Board’s decision to the complainant within 30 calendar days from receipt of the written complaint or within the time period agreed to in writing by the complainant.

Any complainant who is dissatisfied with MUSD's final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving MUSD's decision.

Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office for Civil Rights within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by the Office for Civil Rights for good cause shown under certain circumstances.

 

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Education Code section 221.8 provides as follows:
The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:

• You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.  
• You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
• You have the right to file a confidential discrimination complaint with the United States Office for Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
• You have the right to pursue civil remedies if you have been discriminated against.  
• You have the right to be protected against retaliation if you file a discrimination complaint.