(Pursuant to Education Code section 221.61)

Policy Against Discrimination Based on Sex

The Merced Union High School District is committed to providing educational programs, activities and services that are free from unlawful discrimination 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 Title IX of the Education Amendments of 1972. The District’s nondiscrimination/harassment policy is found at Board Policy No. 1312.3. The requirement not to discriminate in the education program or activity extends to employment.

Title IX Coordinator Contact Information

Brett Nickelson

Director of Human Resources

Phone: 209-325-2015

Summary of the Rights of Pupils and/or the Public (Including Employees) (Education Code Section 221.8)

• You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
• You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
• You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school. You have the right to apply for athletic scholarships.
• You have the right to receive equitable treatment and benefits in the provision of all of the following:
  • Equipment and supplies
  • Scheduling of games and practices
  • Transportation and daily allowances
  • Access to tutoring
  • Coaching
  • Locker rooms
  • Practice and competitive facilities
  • Medical and training facilities and services
  • Publicity
• You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
• You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
• You have the right to file a confidential discrimination complaint with the United States Office for 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.
• You have the right to pursue civil remedies if you have been discriminated against.
• You have the right to be protected against retaliation if you file a discrimination complaint.

Title IX Additional Information

For more information regarding student, parent/guardian, employee, or public rights under Title IX, please visit:

• The California Office of Equal Opportunity
• The United States Department of Education Office for Civil Rights

The School’s Responsibilities

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex within federally funded education institutions. Thus, all educational programs and activities must be operated free from discrimination. Key areas addressed by Title IX include: recruitment, admissions, counseling; financial assistance; athletics; sex-based harassment and violence; treatment of pregnant and parenting students; discipline; off-campus activities, single-sex education; and employment. Education institutions must protect against discrimination in these areas. Also, a recipient may not retaliate against any person for opposing an educational practice or policy made unlawful under Title IX, filing a complaint under Title IX, or testifying or participating in any complaint action under Title IX. These protections apply to all applicants for admission and employment, students and parents or guardians of elementary and secondary school students, and employees.

For more information about the school’s responsibilities under Title IX, please visit:

• The California Office of Equal Opportunity 
• The United States Department of Education Office of Civil Rights 

Individuals who believe they have been discriminated against in violation of Title IX may file a complaint with the Merced Union High School 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. Below is a summary of each process.

District Complaint

Individuals may file a complaint as follows: Any student who feels that he/she has been subjected to discrimination, harassment, intimidation, or bullying should immediately contact the Coordinator, the principal, or any other staff member. In addition, any student who observes any such incident should report the incident to the Coordinator or principal, whether or not the victim files a complaint.

Any school employee who observes an incident of discrimination, harassment, intimidation, or bullying or to whom such an incident is reported shall immediately report the incident to the Coordinator or principal, whether or not the victim files a complaint.

Upon receiving a complaint of discrimination, harassment, intimidation, or bullying, the Coordinator shall immediately investigate the complaint in accordance with the district's uniform complaint procedures specified in AR 1312.3 - Uniform Complaint Procedures.

Title IX, Title II, and Section 504 complaints may be filed using the District’s uniform complaint procedure, Board Policy 1312.3

Time Requirement

A complaint with the District must be filed within six months of the discrimination occurring or of your awareness of the discrimination (5 CCR 4630(b)).  If you have any questions about this time limit, or if you believe your complaint may be outside this time requirement but want to explore other options, please contact the Title IX Coordinator.

Investigation Procedure

Upon receipt of any complaint related to a potential Title IX violation, the District will ensure every allegation is investigated promptly, adequately and impartially. The District will also take steps to protect all complainants from retaliation and ensure all parties are treated fairly throughout the District’s investigation process. As part of its Title IX obligations, the District also takes steps to prevent recurrence of any sexual violence and remedy discriminatory effects on the complainant and others, as appropriate. The District’s procedure for investigating a Title IX complaint can be found at Board Policy 1312.3.

Please contact the Title IX Coordinator, as identified above, if you have any questions.