Non-discrimination and Title IX

The Mountain View Whisman School District prohibits discrimination, harassment, intimidation and bullying in programs, activities, and practices toward individuals or groups based on one, or a combination of two or more, protected characteristics, which include, but may not be limited to, race or ethnicity; ancestry; color; ethnic group identification; nationality; national origin; immigration status; sex; sexual orientation; sex stereotypes; gender; gender identity; gender expression; religion; religious creed; age; disability; medical condition; genetic information; pregnancy, false pregnancy, childbirth, termination of pregnancy, or related conditions or recovery; reproductive health decision-making; breastfeeding or related medical conditions; parental, marital, and family status; and veteran or military status; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.  (Education Code 200, 210.1, 210.2, 212, 212.1, 220, 221.51, 230, 260; Government Code 11135, 12920, 12926, 12940; 20 USC 1681-1688, 29 USC 621, 42 USC 2000d-2000d-7, 2000e-2)

The Mountain View Whisman School District requires that school personnel take immediate steps to intervene when safe to do so when he or she witnesses an act of discrimination, harassment, intimidation, or bullying.

Questions or complaints of alleged discrimination, harassment, intimidation and bullying, equity or Title IX equity and compliance concerns should be directed to:

Erin Green, Director of Human Resources
1400 Montecito Ave., Mountain View, CA 94043
650-526-3500

Students and parents/guardians may request to meet with the compliance officer to determine how best to accommodate or resolve concerns that may arise from the district's implementation of its nondiscrimination policies. To the extent possible, the district will address any individual student's interests and concerns in private.

Uniform Annual Complaint Notice
Uniform Annual Complaint Notice- Spanish

Policy Links--

5145.3 AR - Nondiscrimination/Harassment
5145.3 BP - Nondiscrimination/Harassment

5145.7 AR - Sexual Harassment

Training materials

A school must post on its website all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. MVWSD's materials are:
Title IX Fundamentals- Compliance Training Manual
Title IX Training Sept 2020

Learn more about your rights under Title IX:

Visit the California Department of Education's Title IX website.

Visit the website of the United States Department of Education Office for Civil Rights.

Link to: Office of Equal Opportunity

Visit the website of the California Department of Education Office of Equal Opportunity and the webpage on Gender Equity/Title IX.

MVWSD Responsibilities

MVWSD is primarily responsible for compliance with federal and state laws and regulations, including those related to prohibition of unlawful discrimination, harassment, intimidation, or bullying against any protected group.

MVWSD has a responsibility to respond promptly and effectively to sex-based discrimination, including sexual harassment and sexual violence. If MVWSD knows or reasonably should know about sex discrimination, it must take action to eliminate the sex discrimination, prevent its recurrence, and address its effects. MVWSD must resolve complaints of sex discrimination promptly and equitably. Information on filing a complaint alleging sex-based discrimination is below, including contact information for MVWSD's Title IX Coordinator.

List of rights specified in Education Code section 221.8

(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.

Student fees

A student enrolled in a public school shall not be required to pay a fee for participation in an educational activity that constitutes an integral fundamental part of the district's educational program, including curricular and extracurricular activities. A complaint regarding student fees or the local control and accountability plan (LCAP) may be filed anonymously if the complainant provides evidence or information leading to evidence to support the complaint.

How to file a complaint

To file a complaint: Uniform Complaint Form (Español)

Complaints can be mailed to:

Erin Green, Director of Human Resources
1400 Montecito Ave., Mountain View, CA 94043  
or emailed to: [email protected]

A UCP complaint, except a complaint alleging unlawful discrimination, harassment, intimidation, or bullying, must be filed no later than one year from the date the alleged violation occurred. A UCP complaint alleging unlawful discrimination, harassment, intimidation, or bullying must be filed no later than six months from the date of the alleged conduct or the date the complainant first obtained knowledge of the facts of the alleged conduct.

A student, parent, guardian, employee, individual, or organization may file a written complaint alleging discrimination, harassment, intimidation, and/or bullying on the basis of a protected characteristic under MVWSD's Uniform Complaint Procedure by sending a complaint to MVWSD's Title IX Coordinator (contact information listed above).

If you need assistance putting your complaint in writing, please contact 650-526-3500.

You may file a complaint anonymously, but MVWSD's ability to investigate and respond may be limited by a lack of information.

You may also file a discrimination complaint with the U.S. Department of Education Office for Civil Rights.  

The electronic complaint form for the Office for Civil Rights is available online at https://ocrcas.ed.gov.

Contact the Office for Civil Rights at:
San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102
Telephone: (415) 486-5555
Fax: (415) 486-5570; TDD: (800) 877-8339
Email: [email protected]

How we investigate complaints

Complaints filed under MVWSD's Uniform Complaint Procedure will be investigated and a a written decision will be sent within sixty calendar days of the MVWSD's receipt, unless the complainant agrees to an extension. MVWSD's compliance officer or designee may interview alleged victims, alleged offenders, and relevant witnesses. The compliance officer may review available records, statements, or notes related to the complaint, including evidence or information received from the parties during the investigation. The compliance officer may visit reasonably accessible locations where discrimination is alleged to have occurred. As appropriate, MVWSD's compliance officer periodically will inform the parties of the status of the investigation. The complainant will be notified when a decision is made. Complaints that are not filed under MVWSD's Uniform Complaint Procedure will be investigated and decided pursuant to the applicable procedure.

For programs within the scope of the UCP as specified in Board policy, the complainant has a right to appeal the district's investigation report to the California Department of Education (CDE) by filing a written appeal, including a copy of the original complaint and the district's decision, within 30 calendar days of receiving the district's decision.

Resources for Families

CDE-compiled resources that provide support the families and youth who have been subject to school-based discrimination, harassment, intimidation or bullying. 
(5145.3 AR - Nondiscrimination/Harassment)

Resources for Employees

(From the California Civil Rights Department)

California Law Prohibits Workplace Discrimination and Harassment  
The Rights of Employees Who Are Transgender or Gender Non-Conforming
Your Rights and Obligations as a Pregnant Employee
Family Care and Medical Leave and Pregnancy Disability Leave
(AR and BP 4030 Non Discrimination in Employment)

 

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