Rights of a Pupil and the Public
- You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
- You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
- You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
- You have the right to receive equitable treatment and benefits in the provision of all of the following:
- Equipment and supplies
- Scheduling of games and practices
- Transportation and daily allowances
- Access to tutoring
- Locker rooms
- Practice and competitive facilities
- Medical and training facilities and services
- 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 of 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.
Responsibilities of Schools and Districts
- A school has a responsibility to respond promptly and effectively. If a school knows or reasonably should know about sexual harassment or sexual violence that creates a hostile environment, the school must take immediate action to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects.
- Even if a student or his or her parent does not want to file a complaint or does not request that the school take any action on the student’s behalf, if a school knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation.
- A criminal investigation into allegations of sexual harassment or sexual violence does not relieve the school of its duty under Title IX to resolve complaints promptly and equitably.
- Every school must have and distribute a policy against sex discrimination
- Every school must have a Title IX Coordinator
- Every school must have and make known procedures for students to file complaints of sex discrimination
How to File a Complaint under Title IX
The Uniform Complaint Process is used to address complaints under Title IX. A description of the district’s complaint process, including the Uniform Complaint Process, can be found below. Included is the district’s Uniform Complaint Procedures and Uniform Complaint Form. The Uniform Complaint Procedures details the investigation and response process and the main complaints.
MHUSD’s Board Policy addressing Uniform Complaint Procedures can be found HERE.
MHUSD’s Administrative Regulation addressing Uniform Complaint Procedures can be found HERE.
MHUSD’s Uniform Complaint Form
Statute of Limitations for Complaints
A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that he/she personally suffered the unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to it. The complaint shall be initiated no later than six months from the date when the alleged unlawful discrimination occurred, or six months from the date when the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.
MHUSD Administrative Regulation http://www.gamutonline.net/district/morganhill/DisplayPolicy/840021/
Per MHUSD Administrative Regulation 1312.3 governing Uniform Complaints, the compliance officer shall begin an investigation within 10 business days after receiving the complaint. The complainant and/or their representative shall be provided with the opportunity to present the information in the complaint and any evidence, or information leading to evidence, to support the allegations in the complaint. The compliance officer shall collect all materially relevant documents, available records, notes, or statements related to the complaint, including any additional evidence or information received from parties during the course of the investigation. At appropriate intervals, the compliance officer shall inform both parties of the status of the investigation. To investigate a complaint alleging retaliation or unlawful discrimination, the compliance officer shall interview the alleged victim(s), any alleged offenders, and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.
Unless extended by written agreement with the complainant, a final decision shall be sent to the complainant within 60 calendar days of the district’s receipt of the complaint. Within 30 calendar days of receiving the complaint, the compliance officer shall prepare and sent to the complainant a written report. If the complainant is dissatisfied with the compliance officer’s decision, they may, within five business days, file their complaint in writing with the Board of Education. The Board may consider the matter at its next regular Board meeting or at a special Board meeting. The Board may decide not to hear the complaint, in which case the compliance officer’s decision shall be final. If the Board hears the complaint, the compliance officer shall send the Board’s decision to the complainant within 60 calendar days of the district’s initial receipt of the complaint or within the time period that has been specified in a written agreement with the complainant. Any complainant who is dissatisfied with the district’s final written decision may file an appeal in writing with the California Department of Education (CDE) within 15 calendar days of receiving the district’s decision.
Additionally, the US Department of Education Office for Civil Rights maintains a complaint process and forms that can be accessed HERE. https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
United States Department of Education Office of Civil Rights (OCR) Contact Information
U.S. Department of Education Office for Civil Rights Homepage https://www2.ed.gov/about/offices/list/ocr/index.html
U.S. Department of Education, Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg,
400 Maryland Avenue, SW, Washington, DC 20202-1100
TDD: 800-877 8339
MHUSD Board Policy 5145.3 (Nondiscrimination/Harassment) http://www.gamutonline.net/district/morganhill/displayPolicy/797890/
MHUSD Administrative Regulation 5145.3 (Nondiscrimination/Harassment) http://www.gamutonline.net/district/morganhill/DisplayPolicy/797891/
Office of U.S. Equal Employment Opportunity Commission HERE https://www.eeoc.gov/
U.S. Department of Education, Office for Civil Rights. (2015). Title IX and Sex Discrimination.
CA Assembly Bill 1266 (CA EC 221.5): https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201320140AB1266
CA Senate Bill 1375 (CA EC 221.61):