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  1. Harassment & Discrimination
  2. Sexual Harassment

Sexual Harassment

Sexual Harassment

Notice Prohibiting Sexual Harassment

The Merced Union High School District is committed to providing educational programs, activities and services that are free from unlawful discrimination, harassment, intimidation, or bullying based on actual or perceived legally protected characteristics, or association with a person or group with one or more of such characteristics, including sex, sexual orientation, gender, gender identity, and gender expression, as required by California law and Title IX of the Education
Amendments of 1972. Districts receiving federal funding are required to adhere to Title IX regulations, and Districts receiving state funding are required to adhere to Title 5 regulations. Inquiries on all matters, including complaints, regarding the implementation of Title IX in the District may be referred to the District official(s) listed below at the following addresses and telephones:

Title IX Coordinator

Brett Nickelson

Director of Human Resources

bnickelson@www.muhsd.org

Phone: 209-325-2015

 

 

For Issues Involving Students

Kelli Sharpe

Program Administrator

ksharpe@www.muhsd.org

Phone: 209-325-2110

 

Definition of Sexual Harassment

Students are protected against sexual harassment committed by anyone, including third parties, in any school program or activity, including on the school campus, on the school bus, or off-campus during a school-sponsored activity.  Sexual harassment is unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's education program or activity and includes dating violence, stalking and domestic violence. May include discrimination based on sexual orientation and gender identity.  

●  A student is led to believe that he or she must submit to unwelcome sexual conduct or communications as a condition of the student’s academic status or progress, or the conduct is used as a basis for any decision affecting the student regarding a benefit or service, honors, a place on a sports team, programs, or other District activities, or

 ● The conduct has the purpose or effect of having a negative impact on a student's educational performance, or creates an intimidating, hostile or offensive educational environment. 

 

Examples Are:

  • Pressuring a person for sexual favors
  • Unwelcome leering, sexual flirtations or propositions
  • Unwelcome touching of a sexual nature such as massaging, grabbing, fondling, stroking or brushing the body, or touching an individual’s body or clothes in a sexual manner
  • Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex
  • Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions
  • Verbal, visual or physical actions that are discriminatory related to sexual orientation or gender identity.
  • Graphic verbal comments about an individual's body, or overly personal conversation

 

  • Writing graffiti of a sexual nature
  • Distributing sexually explicit texts, emails, pictures, derogatory posters, notes, stories, cartoons, drawings, obscene gestures, or computer-generated images
  • Making sexual jokes, rumors, or suggestive remarks
  • Displaying sexually suggestive objects
  • Sexual violence, including rape, sexual battery, sexual assault, sexual coercion, or other sexual violence offenses under Education Code section 48900(n)
  • Dating violence, stalking, and relationship abuse based on gender or sex

 

Students also have the right to file a formal complaint (expand panel below). For a copy of the District's sexual harassment policy and procedure, contact your school, the District Office, or view it online here: MUHSD Harassment and Discrimination Policies & Procedures. Regardless of whether a formal complaint is filed, the District has a responsibility to conduct some level of investigation for any report of discrimination or sexual harassment.

  • If you believe that you have experienced discrimination on the basis of sex or sexual harassment at school, you have the right to file a complaint with the District or the Office for Civil Rights (“OCR”). If a crime is involved, such as sexual assault or rape, individuals may also file a report with the local police department. A person may pursue one or all of these avenues at the same time. Incidents involving suspected child abuse shall be reported to law enforcement under the District’s mandated reporting procedures. Additionally, the school principal may be required to report other incidents to law enforcement under Education Code section 48902.    Before filing a complaint, you can discuss your concerns with the school Principal, with the District's Director of Student Support or Title IX Coordinator/Compliance Officer, who are listed above. This is often the fastest way to address and resolve your concerns.  

    Complaint to the School District 

    Step 1. Prepare Your Complaint

    In most cases, complaints should be filed within six months from the date of the incident or conduct that is the subject of the complaint. A complaint may be verbal or written. Be sure to describe the conduct or incident and explain why you believe sex discrimination or sexual harassment has taken place. Communicate your complaint to any District staff member or the District's Title IX Coordinator/Compliance Officer. Each campus will designate two administrative personnel who will process Title IX complaints.

    Step 2: School District Investigates Your Complaint

    Once the District receives your complaint, the Title IX Coordinator/ Compliance Officer will give you a copy of the complaint procedure and make sure a prompt, thorough and impartial investigation takes place. When the investigation is completed, you will receive a written response.

    Step 3: School District Responds to Your Complaint

    In its written response, the District will include a summary of the results of the investigation. If it is determined that discrimination or harassment occurred, the report shall also include any corrective actions that have or will be taken to address the misconduct, to prevent any retaliation or further misconduct, and to inform you about any sanction imposed on the respondent which relates directly to you as the complainant.

    Appeal Options.  If you do not agree with the District's decision, state law provides the option to file a formal appeal with the California Department of Education - Office of Equal Opportunity. This is a separate process that can take place if one of these two conditions has occurred: (1) you have completed the District's complaint and appeal process (if any) and you disagree with the decision, or (2) the District has not followed its complaint and appeal process correctly.  You have 20 calendar days to file an appeal with the California Department of Education - Office of Equal Opportunity from the day you receive the decision of the District.

    You can send your written complaint to:

    California Department of Education - Office of Equal Opportunity:

    Email: oeoinfo@cde.ca.gov I Phone: 916-445-9174 I Fax: 360-664-2967

    Mail or hand deliver: 1430 N Street, Suite 5602, Sacramento, CA 95814-5901

    Complaint to the Office of Civil Rights (OCR)

    A student may also file a sex discrimination or sexual harassment complaint with OCR. Instructions for filing a complaint can be found at How to File a Discrimination Complaint with the Office for Civil Rights.

How to Report

If you experience sexual harassment, bullying, or other harassment, notify any staff member. You may also text or call an anonymous tips.

 

View More Reporting Options

  • This is an anonymous tip line to alert administration of bullying and other threats to the safety and well-being of our students and staff.

    SchoolTIP Line
    AHS- Text "FALCONS" + your tip847411

    BCHS- Text "THUNDER" + your tip

    847411

    ECHS- Text "GAUCHOS" + your tip

    847411

    GVHS- Text "COUGAR" + your tip

    847411

    LHS- Text "WOLVES" + your tip

    847411

    MHS- Text "BEARS" + your tip

    847411

    YHS- Text "DRAGON" + your tip

    847411

    SHS- Text "TRAILBLAZERS" + your tip847411

     

    Download the MUHSD Tip App

    Click the links below to download the MUHSD Tip app from your app store. The MUHSD Tips app provides the campus community the ability to submit anonymous tips to MUHSD. You can download the MUHSD Tips app for iPhone and Android.

    iPhone/Android App Store Links: 

  • These are direct phone lines to contact administration of bullying and other threats to the safety and well-being of our students and staff.

    SchoolPhone Number
    Atwater HS325-1200
    Buhach Colony HS325-1447
    El Capitan HS384-5545
    Golden Valley HS325-1847
    Livingston HS398-3247
    Merced HS325-1047
    East Campus Education Center325-1647