Sexual Harassment and Sex-Based Discrimination

If you believe you have been discriminated against because of your sex, gender orientation, or gender expression, you may:

• Report an incident to a staff member or school administrator*, or District administrator, or
   
• Send an email to amy.black@fmsd.org or call the Title IX Coordinator at 408/283-6045, or 
   
• File a complaint by completing a Title IX complaint form / Forma de Informe de Incidentes del Titulo IX.  You may complete this form anonymously, but if you would like to make your complaint formal, you will need to provide your name and contact information, as indicated at the bottom of the form.

*If an employee receives a report of an incident or witnesses an incident, he/she/they must report this information to their school principal or the Title IX Coordinator within one (1) school day. 

If a school principal receives a report of an incident, he/she/they shall, within two (2) school days, forward the report to the Title IX Coordinator to initiate investigation of the complaint. 

Complaints must be filed within six (6) 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 sex discrimination, harassment, intimidation, or bullying. 

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 where an FMSD employee is accused of harassing a student, any incident involving alleged sexual assault, or if a party feels at reasonable risk.

All complaints shall be appropriately investigated in a timely manner.  Written notice of the allegations shall be provided to both parties, and their representatives (if any) upon receipt by the Title IX / Uniform Complaint Procedure Coordinator of a formal Title IX complaint.  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. FMSD must send written notice of any investigative interviews, meetings, or hearings to the party being interviewed (or with whom the meeting is held), and their representatives.  In addition, all evidence gathered must be made available for inspection and review by both parties, and their representatives, along with the opportunity to respond to the evidence.  At the conclusion of the investigation, FMSD must send both parties and their representatives the preliminary Investigative Report for a 10-day review and response period, during which time a written response may be submitted to the Title IX / Uniform Complaint Procedure Coordinator.  

The Investigative Report is then finalized and submitted to the Decision Maker, who will make a final Decision of Responsibility.  The Decision Maker will be a neutral third party, such as legal counsel or a third party consultant.  Each party, and their representatives, may submit questions to the Decision Maker, who, in its professional judgment, will determine which questions should be excluded and which should be answered.  Finally, the Decision Maker will issue a final written Decision of Responsibility, along with a summary of findings.  

The final Decision of Responsibility will be provided to both parties and their representatives within sixty (60) calendar days from receipt of the written complaint by FMSD.  Either party may appeal the Decision of Responsibility within ten (10) days of receipt of the Decision of Responsibility to the appropriate Appeals Officer (either the Director of Student Services, for students, or the Assistant Superintendent of Human Resources, for employees).  The Appeals Officer will issue a final Decision on Appeal.  

Any party who is dissatisfied with the final Decision on Appeal may file an appeal in writing with the California Department of Education within thirty (30) calendar days of receipt of the final Decision on Appeal.

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.

After reporting to the school and/or the Title IX Coordinator, the District will offer you supportive measures. The Title IX regulations define supportive measures as non-disciplinary, non-punitive, individualized services that the District can offer as appropriate, as reasonably available, and without fee or charge to the person targeted by the alleged harassment and to the person accused of the alleged harassment. The supportive measures are provided to restore or preserve equal access to your education program or activity without unreasonably burdening the other party.

Supportive measures may include, as appropriate: 

• Counseling,
• Referrals to health, mental health, and/or wellness services, 
• Extensions of deadlines or other course-related adjustments, 
• Modifications of class or school-related activity schedules, 
• Campus escort services, 
• Mutual restrictions on contact between the parties, 
• Increased security and monitoring of certain areas of the campus, 
• Other similar measures.

All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action. 

However, when a complainant or victim of sexual harassment notifies the district of the harassment but requests confidentiality, the Title IX Coordinator shall inform him/her that the request may limit the district's ability to investigate the harassment or take other necessary action. When honoring a request for confidentiality, the district will nevertheless take all reasonable steps to investigate and respond to the complaint consistent with the request.

When a complainant or victim of sexual harassment notifies the district of the harassment but requests that the district not pursue an investigation, the district will determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students.