Milpitas Unified School District accused of retaliation after Pomeroy principal’s demotion

This past March, Nichol Klein, who served as principal of Marshall Pomeroy Elementary School for nine years, was demoted by the Milpitas Unified School District (MUSD), a move she claims was retaliatory.

Klein has been with the district since 2015. She started out as an assistant principal and became a principal at Pomeroy a year later. Before that, she worked in San Jose Unified School District, where she spent seven years teaching.  

Klein says that she was unfairly demoted from principal to a teaching position due to retaliation over a Title IX complaint she filed against Superintendent Cheryl Jordan and MUSD in August of 2025. 

What Led to the Title IX Complaint 

At the start of the 2025-2026 academic year, a parent of a student at Pomeroy demanded that her son be pulled out of the classroom of a teacher, who identifies as gender neutral/LGBTQ. On August 14, the teacher led a class discussion on gender pronouns and explained the meaning of “Mx,” which is a gender neutral title used before a person’s name. After hearing about the discussion from her child, the parent stated that she was uncomfortable with the teacher’s gender identity and classroom practices. 

Superintendent Jordan asked Klein to move the child into another classroom. But Klein refused. 

“I pushed back and said I felt like it was discriminating against the employee,” said Klein. “But the district responded saying that they checked with their legal department, and that I had to pull the child out.”

Still, it didn’t sit right with Klein. 

“I asked if we could have a conversation with the family and the teacher and see how we could work to preserve both components – the family component and the fact that this is a highly qualified and capable educator,” said Klein.

But the parent refused to meet with the teacher. She said she would, however, be open to meeting with Superintendent Jordan and Klein. 

“The superintendent and I met with the parent, and I thought we were going to have a successful year and not need to move the student. I thought we would have ground rules and discuss what to opt the student out of. We met with the teacher and they were onboard with that. We all then wanted to sit together and make sure we were on the same page,” said Klein. 

But then the parent decided, once again, that she didn’t want to meet with the teacher. And according to Klein, the parent brought her religion into the discussion for the first time.  

“She said that based on her religion, she just didn’t want her child in the class,” said Klein. 

Klein stated that Superintendent Jordan asked her (again) to remove the child from the classroom. At this point, Klein agreed to do it, but then she put it in writing in an email that she felt the decision was discriminatory. 

On August 20, Klein filed a Title IX complaint against Superintendent Jordan and MUSD. 

The complaint was investigated by a third party that was hired by the district. On October 1, the summary of findings in the investigation, written by MUSD Director of Human Relations Damon James, stated that there was “insufficient evidence that the District acted with either a discriminatory animus or engaged in discriminatory conduct when it transferred a student from the class of a trans-neutral teacher at both the student’s and the parent’s requests, due to the student’s discomfort and their religious beliefs.” 

A New Complaint 

Several months passed. 

Then, on February 23, 2026, another complaint was submitted. This time, it was a complaint against Klein herself, brought on by the Milpitas Teachers Association on behalf of a group of several teachers at Pomeroy. The complaint stated that Klein had created a hostile work environment at Pomeroy. 

The complaint stunned Klein. In all her years at Pomeroy, she had received positive evaluations, and had never had a complaint of any kind issued against her. 

MUSD hired Leilani Battiste to look into the complaint – the same investigator they had hired to look into Klein’s Title IX complaint just months before. 

On March 11, a summary of findings for the teachers’ complaint was sent to Klein. The report stated that the several teachers, who were referred to as “witnesses,” believed that morale at Pomeroy was “at an all-time low and has steadily gone downhill for the last couple of years, and is currently the worst it has ever been.” In the report, the group of teachers also stated that Klein “micromanages” and “policies” things at Pomeroy. 

One teacher/witness complained that Klein told her “recess must conclude on time” one day, after she let her TK class have an extra two minutes of recess. Klein stated in an email to The Beat that this was an ongoing problem with the teacher. 

Another teacher complained about how Klein came out to observe her in the classroom one day. Klein had received an email from a parent who claimed that a certain teacher wasn’t “teaching correctly.” After spending time in the teacher’s classroom, Klein agreed with the parent that the teacher wasn’t teaching well, which made the teacher feel that she wasn’t supported by Klein.  

Another part of the findings alleged that Klein yelled during a conversation with teachers about determining a schedule for STEAM classes, stating that Klein was “adamant about what she wanted.” A few witnesses alleged that “Klein slammed her computer and walked out.”  

The complaint also stated that the group of teachers weren’t happy with how Klein puts out a weekly bulletin, known as the Panther Pause, with “hidden links” that the teachers must click on to prove that they read it. 

The Other Side 

The report lists a series of additional instances, however it does not include any statements from Klein’s end. It is also clear from reading the investigation that a group of several teachers was interviewed; however, none of the other teachers at Pomeroy who felt differently were interviewed to offer any opposing information.  

Klein told The Milpitas Beat that she provided the investigator with responses and documentation in response to the complaints, but none of her material was included in the report. 

“I’m curious to know where my responses are to those complaints,” said Klein. “Throughout that summary findings report, it never mentions my stance to any of that. It also doesn’t allude to me providing any documentation proving the opposite.” 

Along with that, Klein believes that the district rushed to make a decision against her, even when the investigation hadn’t officially been concluded. 

On March 11, Klein was still in communication with the investigator, submitting her own documentation as evidence. But the decision by MUSD’s Board of Education to remove Klein from her position as principal and assign her to the classroom was dated March 10. Likewise, Klein received a document with the findings and a summary of the investigation within minutes of her communications with the investigator, which she feels doesn’t add up. 

Some individuals who work at Pomeroy were willing to speak to The Beat under the condition that they remain anonymous. They said that they feared repercussions from the district after the HR director sent an email on March 24, a couple hours before a board meeting. 

In the email, James wrote that the district was directing all staff members to refrain from discussing Klein’s demotion and the investigation to “maintain the confidentiality of the process.” He also wrote that “failure to maintain these standards or to uphold the confidentiality of investigations may result in disciplinary action up to and including dismissal.”

A group of teachers and staff at Pomeroy were all planning to attend the meeting to speak in support of Klein, but after they received this email, they didn’t feel comfortable attending. 

The anonymous individuals interviewed by The Beat stated that the complaint against Klein was made by a small group of teachers at the school who all teach at the primary level, except for one teacher, who is on the intermediate side. They stated that the complaint was submitted as a result of Klein’s outspoken nature and her firmness in being unwilling to honor unreasonable requests by teachers. But they in no way felt that the demotion was a warranted response by MUSD. 

“The punishment doesn’t fit the crime,” an anonymous Pomeroy staff member told The Beat. “I don’t think she deserved to be demoted. She didn’t get a chance to explain her side or even hire a lawyer. The district went behind her back and rushed everything. Why is she being punished? Did she do something illegal or really bad?” 

During The Beat’s interviews for this story, people who’ve worked with Klein stated that she was targeted for saying “no” multiple times to different teachers.  

“I think this complaint happened because this group of teachers believed that they should get their way and when their way wasn’t given, they got very upset,” said one anonymous Pomeroy teacher to The Beat. “They don’t like when Nichol says ‘no’. If something is an inconvenience to them, they complain.”  

One example of this was given by the anonymous staff member, who stated that one teacher who was part of the complaint made an unreasonable request, asking Klein if she could miss the first day of school so she could attend her own children’s first day of school. Klein told her, “No,” and the teacher was upset. 

“There are a lot of teachers here who want to stand up for Nichol. But they all have families to feed. The district has literally said if you’re outspoken or share any of this information to anyone, you will get reprimanded and fired,” said the anonymous teacher. “But if they really demoted her because of the teachers’ complaints, wouldn’t there be a push for community circles and discussions and evaluations? But there was nothing.”

Klein feels that the district seized on the complaints and worked to build the narrative that Klein is creating a hostile work environment by “only talking to a small, unhappy group of teachers, while demanding silence from everyone else.” 

One parent, who also wishes to remain anonymous, told The Beat that she had two kids who went to Pomeroy before Klein became principal. Before Klein’s arrival, the parent noticed that things at Pomeroy felt disconnected and impersonal. But when Klein arrived, things changed. She saw the way that Klein connected and interacted with parents and students, and felt she brought empathy to the position.

“To lose Nichol Klein as a principal is really, really unfortunate for our community in Milpitas,” said the parent. “It’s hard to find principals like her, who do it for the right reasons. I can’t imagine why this district would want to lose a leader and educator like her. It’s really heartbreaking.”

MUSD has already hired another principal for Pomeroy, who will be starting at the end of June. 

Klein has been trying to look beyond MUSD to pursue other employment opportunities, but says that news of her demotion has prevented her from gaining any traction.

“The damage has already been done to the point where I’m not getting hired outside the district,” said Klein. 

So far, she has interviewed for five teaching positions within the district, but she hasn’t been hired for any of them. MUSD has, however, promised her a teaching position at Burnett Elementary School teaching a 2nd and 3rd grade combo class. 

“But I want to continue being an administrator,” said Klein. “I know that a combo class isn’t ideal placement. Especially for someone stepping back into the classroom after 12 years.”   

Klein will need to leave behind her position at Pomeroy later this month. On May 22, she filed a retaliation claim against the district, but she hasn’t heard any follow-up. 

 “I unequivocally reject the claim that I created a hostile work environment. This narrative is being used as a cover for much larger issues that arise when educators speak up about equity, safety, and inclusion in our schools,” said Klein. “My record as a school leader has been about advocating for students, staff, and inclusive schools, even when doing so was uncomfortable or unpopular. Speaking up about serious concerns should not result in being silenced or pushed out. That kind of response chills advocacy and harms our entire community.” 

The Beat tried to reach out to MUSD for comment, but a representative for the district stated that they “will not comment on confidential personnel matters, especially since this matter is currently under investigation.”