Discrimination and Harassment

If you are a student who believes that you have been discriminated against, harassed, intimidated, or bullied based on any of the characteristics listed above, you may:

• Report an incident to a staff member or school administrator, or
• Send an email to limary.gutierrez@fmsd.org or call the Title IX / Uniform Complaint Procedure Coordinator at 408/283-6045, or
• File a complaint by completing the form under the "File a Uniform Complaint" section on this page

If you are an employee who believes that you have been discriminated against in the course of your employment and you would like to file a complaint, please follow the steps outlined in FMSD AR 4030 and BP 4030 (Nondiscrimination in Employment), outlined here and in FMSD AR 1312.1 and BP 1312.1 (Complaints Concerning District Employees).

Student complaints, and employee complaints not covered by AR/BP 4030 or AR/BP 1312.1, shall be submitted in written form in accordance with FMSD 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 (6) months from the date when the alleged unlawful discrimination, harassment, intimidation, or bullying occurred, or from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying. [Uniform complaints concerning the District’s compliance with federal or state laws and regulations must be filed within twelve (12) months from the date when the alleged violation occurred, or from the date the complainant first obtained knowledge of the facts of the alleged violation.]

The time for filing may be extended up to ninety (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.

Mediation may be offered as a means to resolution no earlier than three (3) business days after a complaint has been filed, but is not available for any incident involving alleged sexual assault or if a party feels at reasonable risk.

All complaints shall be appropriately investigated in a timely manner.  Within ten (10) business days after the Title IX / Uniform Complaint Procedure Coordinator receives the complaint, the Title IX / Uniform Complaint Procedure Coordinator, or designee, shall begin an investigation into the complaint.  Within one (1) business day of initiating the investigation, the investigation shall include an opportunity for the complainant, or the complainant’s representative, or both, to present the Title IX / Uniform Complaint Procedure Coordinator, or designee, with any evidence, or information leading to evidence, to support the allegations in the complaint. The Title IX / Uniform Complaint Procedure Coordinator shall issue a written decision (“Investigation Report”) based on the evidence within sixty (60) calendar days from receipt of the written complaint by FMSD, unless the timeline is extended by written agreement with the complainant.

Any party who is dissatisfied with FMSD's Investigation Report may file an appeal in writing with the California Department of Education within thirty (30) calendar days of receiving FMSD's decision (see 5 CCR §4632 et seq. for details).

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

The confidentiality of the parties involved shall be protected as required by law. For any complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the identity of the complainant, and/or the subject of the complaint if different from the complainant, should be kept confidential when appropriate and as long as the integrity of the complaint process is maintained.