Uniform Complaints and Title IX

What is a complaint?

Generally, a complaint is an oral or written statement that alleges that a situation is unsatisfactory or may appear unacceptable. A lot happens at school every day. Most complaints occur when a student, parent / guardian, or even a staff member does not understand a protocol or has not been informed of a problem. Start the dialogue at the level closest to the problem.       

* If a complainant is unable to submit a written complaint due to conditions such as disability or illiteracy, district personnel will assist them in submitting the complaint.                                        

Most concerns can be adequately resolved by following these steps:

Step 1: Make an appointment with the teacher or counselor.

Step 2: Make an appointment with the site principal or assistant principal (if this is a school-wide concern, start with the principal).

Step 3: Make an appointment with the site administrator's supervisor. (Site administrators are the assistant principal's supervisors)

Supervisors by school

Brenkwitz Alternative mlharris@husd.k12.ca.us Hayward mlharris@husd.k12.ca.us Mount Eden mlharris@husd.k12.ca.us Tennyson mlharris@husd.k12.ca.us

If you feel that after speaking with the teacher and/or principal your child is being bullied, you can print and complete a Bullying Report Form and upload it to the school.

If you or someone you know is being bullied or harassed, there are several ways to get help:

1. You can speak to a trusted adult (parent, teacher, campus security officer, counselor, etc.) right away.
2. You can make an anonymous report
3. You can submit a bullying report form

A person may also claim that there has been a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation, or bullying. A uniform complaint or a Title IX complaint can be filed by following the complaint procedures listed below. If the complainant is unable to put the complaint in writing, due to conditions such as disability or illiteracy, district staff will assist the complainant in drafting the complaint.

How do I file a Uniform Complaint?

The Uniform Complaint Procedures (UCP) apply to complaints alleging a violation of applicable state and federal laws and regulations governing educational programs. The UCP shall be used to investigate and resolve allegations involving unlawful discrimination, including discriminatory harassment, (such as sexual harassment, sexual violence, or harassment based on a protected characteristic), intimidation, or bullying.   

The UCP also shall be used for allegations of a violation of specific federal and state programs that use categorical funds. such as Adult Education, After School Education and Safety, Agricultural Vocational Education, American Indian Education Centers, American Indian Early Childhood Education, Career Technical Education, Child Care and Development, Consolidated Categorical Aid, Foster Youth Services, Local Control Funding Formula and Local Control Accountability Plans, Migrant Education, Nutrition Services, Regional Occupational Centers, School Facilities, Special Education, Tobacco-Use Prevention Education, and Unlawful Pupil Fees. A full list of complaints covered by the UCP can be found under Board Policy 1312.3.     

A complaint alleging unlawful discrimination (such as discriminatory harassment, sexual 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. (5 CC R 46 30) 

UCP complaints can be filed by completing the Uniform Complaint form (see the link on the upper left-hand side) or sending it as a separate email or letter and returning it to the Uniform Complaints Coordinator:

Kim Watts (Staff Related)
Email: kwatt@husd.us

Randy Nakamura (Non-Staff Related)
Email: rnakamura@husd.us

Uniform Complaints or Title IX Complaints do not have to be on an official complaint form. They can be sent via email or in letter form to the District.

For any complaints about textbooks, facilities, or incorrect assignments please complete a William's Complaint Form.                                               

How to File a Title IX Complaint?

Title IX of the Education Amendments of 1972, 20 USC 1681 et. I know that. (Title IX) prohibits discrimination on the basis of sex in educational programs and activities that receive or benefit from federal financial assistance. Generally, a school district cannot excuse, deny, or provide different or minor services to applicants or recipients on the basis of sex. Sex discrimination includes a hostile environment created by sexual harassment or sexual violence in the educational setting.   

Students, staff, community members, and guests of the Hayward Unified School District have the right to be free from all forms of sexual / gender-based harassment, discrimination, and misconduct, examples of which may include acts of sexual violence. , sexual harassment, domestic violence, dating violence and stalking. All members of the district, including community members and guests, are expected to conduct themselves in a manner that does not infringe upon the rights of others.When misconduct is reported to an appropriate administrator, supportive measures and other corrective measures will be used to reasonably ensure that such conduct is immediately terminated, not repeated, and the effects on the victim and the community are remedied, including severe penalties when a responding party is found to have violated the policies.                           

Title IX complaints can be handled in several ways:

1. Report an incident to the principal/assistant principal/school staff member.          

2. Send an email to mr216@husd.k12.ca.us 

3. You can make an anonymous report

4. Information on How to File a Sexual Harassment Complaint - Students

5. Information on How to File a Sexual Harassment Complaint - Employees

Complaints do not have to be on an official complaint form. You can send one by email or letter to the district office.

Title IX complaints follow the Uniform Complaint Procedures, the District Administrative Regulation 1312.3 - Uniform Complaint Procedures, and use the preponderance of the evidence as the standard to prove whether a violation has occurred.

You can submit an anonymous and confidential report of sex discrimination, including sexual harassment or sexual violence. If you wish to file an anonymous complaint, send the anonymous Title IX complaint to the Hayward Unified School District Title IX Coordinator:

Kim Watts (Staff Related)
Email: kwatt@husd.us

Randy Nakamura (Non-Staff Related)
Email: rnakamura@husd.us

What is unwanted behavior?

Any behavior that is considered offensive or unwanted and that is detrimental to the physical, emotional, and psychological health of the recipient or witnesses.

What is sexual harassment?

Unwanted sexual behaviors or requests for sexual favors that make a person uncomfortable. Sexual harassment can be verbal, physical, or visual.

What behavior can be considered sexual harassment?

• Unwanted physical contact or closeness;

• Unwanted jokes or teasing of a sexual nature or based on gender or sex stereotypes;

• Unwanted efforts to develop a romantic or sexual relationship.

• Unwanted comments about a person's body or sexual activities;

• Stalking, including the use of technology to stalk;

• Engaging in indecent displays, voyeurism, or other invasion of personal privacy;

• Sexual violence or attempted sexual violence

• Boys and girls, men and women can be sexually harassed.
• The aggressor is not always an adult.
• People of any sex or gender can be both the victim and the harasser.
• The victim and harasser can be of the same sex or gender                

Title IX Sexual Harassment Complaint Procedures  

The complaint procedures described in this administrative regulation shall be used to address any complaint governed by Title IX of the Education Amendments of 1972 alleging that a district employee was subjected to one or more of the following forms of sexual harassment: (34 CFR 106.30)  New regulations and definition of Title IX Sexual Harassment came into effect August 14, 2020, and are as follows:

1. A district employee conditioning the provision of a district aid, benefit, or service on a person's participation in unwelcome sexual conduct.
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the district's education program or activity
3. Sexual assault, dating violence, domestic violence, or stalking as defined in 20 USC 1092 or 34 USC 12291

Title IX Sexual Harassment complaints will be processed under UCP 1312.3 and AR 4119.12/4219.12/4319.12 (Staff) or 5145.71 (Students). All other sexual harassment complaints or allegations not covered in the three listed above shall be investigated and resolved in accordance with AR 4030 - Nondiscrimination in Employment or 5145.7 (Students). The determination of whether the allegations meet the definition of sexual harassment under Title IX shall be made by the district's Title IX Coordinator.

Because the complainant has a right to pursue a complaint under AR 4030 for any allegation that is dismissed or denied under the Title IX complaint procedure, the Title IX Coordinator shall ensure that all requirements and timelines for AR 4030 are concurrently met while implementing the Title IX procedure.  

Individuals experiencing harassment or discrimination always have the right to file a formal grievance with government authorities:                

U.S. Department of Education - Office for Civil Rights      

OCR’s mission is to ensure equal access to education and to promote educational excellence through vigorous enforcement of civil rights in our nation’s schools.                                                                

Phone: (800) 421-3481                                                                                Email : ocr@ed.gov

California Department of Education - Office of Equal Opportunity     

The California Department of Education supports high-quality educational programs for California's diverse student population through its educational leadership role and places great importance on cultivating a diverse staff that understands and promotes the intellectual, ethical, cultural, emotional, and physical growth of each student. The California Department of Education, Office of Equal Opportunity (OEO) is charged with ensuring compliance with State and Federal civil rights laws, and regulations in CDE employment and delivery of education services.               

Phone: (916) 445-9174