To view all of Moreland School District Policies and for specific information regarding policies involving Non-Discrimination/Harassment, Title IX compliance, and/or Sexual Harassment, click here:
Board Docs - Policies
or call The Superintendent's Office at the Moreland School District Office - 4711 Campbell Avenue, San Jose, CA 95130 (408/874-2901).
The district prohibits discriminatory practices whose purpose or effect has a negative impact on the student’s academic performance, or of creating an intimidating, hostile or offensive educational environment. The district promotes programs that ensure that discriminatory practices are eliminated in all district activities.
Any student who engages in discrimination of another student or anyone from the district may be subject to disciplinary action up to and including expulsion. Any employee who permits or engages in discrimination may be subject to disciplinary action up to and including dismissal.
Rights of Pupils and the Public and the Responsibilities of the District
CDE Office of Equal Opportunity Link: http://www.cde.ca.gov/re/di/or/oeo.asp
DOE OCR Link: https://www2.ed.gov/about/offices/list/ocr/index.html]
List of Rights under Ed. Code 221.8:
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:
(a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
(b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
(c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
(d) You have the right to apply for athletic scholarships.
(e) You have the right to receive equitable treatment and benefits in the provision of all of the following:
(1) Equipment and supplies.
(2) Scheduling of games and practices.
(3) Transportation and daily allowances.
(4) Access to tutoring.
(5) Coaching.
(6) Locker rooms.
(7) Practice and competitive facilities.
(8) Medical and training facilities and services.
(9) Publicity.
(f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
(g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
(h) 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.
(i) You have the right to pursue civil remedies if you have been discriminated against.
(j) You have the right to be protected against retaliation if you file a discrimination complaint.
How to File a Discrimination, Bullying or Harassment Complaint
The district believes discrimination, harassment, and bullying issues may be resolved at the school site. As such, students, parents/guardians may report any act of discrimination, harassment, or bullying by a student, staff member or third party to the site principal. The responsible school official will conduct a prompt, thorough and impartial investigation into the complaint. A student or parent/guardian is not required to attempt resolution through the school site before contacting the District Title IX Coordinator.
When sexual harassment is reported, interim steps will be taken to stop harassment and protect the victim from further harassment pending outcome of the complaint.
At any time during the complaint process students or parent/guardian may contact the Title IX Coordinator to file a complaint directly with the district. A student or parent is not required to attempt resolution through the school site before contacting the District Title IX Coordinator.
Timeliness
A complaint must ordinarily be filed within 180 days of the last act of discrimination. If your complaint involves matters that occurred longer ago than this and you are requesting a waiver, you will be asked to show good cause why you did not file your complaint within the 180-day period.
Filing a Uniform Complaint
At any time during the site resolution process, students or parent/guardians may file a Uniform Complaint Form, which can be obtained from the Moreland School District Office.
Investigation of a Uniform Complaint
The Moreland School District will immediately undertake an effective, thorough, and objective investigation of the allegations and provide a written report within 60 days of when the complaint was filed. The report will include a summary of the facts, a decision on the complaint, reason for the decision and corrective actions that have or will be taken, including remedies for the victim. The complainant has the right to present witnesses and evidence.
Action
If the district determines that its policies prohibiting discrimination, harassment, or bullying have been violated, disciplinary action, up to and including expulsion or dismissal will be taken. Remedies will also be provided to the victim and remedial action(s) will be required of the school site.
Remedial actions will be taken that are designed to end the harassment, prevent its recurrence and address its effects on the harassed student.
Follow-up with the student will occur to ensure the harassment has stopped and that there is no retaliation.
The district prohibits retaliation against any participant in the complaint process including witnesses. A separate Uniform Complaint may be filed if retaliation occurs against any individual involved in the processing of discrimination, harassment, or bullying complaint. Each complaint shall be investigated promptly and in a way that respects the privacy of all parties concerned.
A student who has a complaint of discrimination or sexual harassment may contact the principal for immediate resolution at the school site. A student or parent/guardian is, however, not required to attempt resolution through the school site, and may first bring the complaint to the District Title IX Coordinator.
Training
Members of the District's uniform complaint compliance team are provided with training to ensure they understand the latest legal guidance as well as their role in the process. Copies of training materials may be found below.
Jennifer Baldwin
Title IX Coordinator
Assistant Superintendent of Human Resources
408-874-2936
[email protected]