Policy
The
The purpose of this policy is to prevent
harassment as defined in 16 V.S.A. § 11(a)(26) and amended by Act 91 of 2004,
and to ensure that the District’s responses to allegations of harassment comply
with 16 V.S.A. §565 as amended by Act 91of 2004, Title VI and IX of the Civil
Rights Act. It is the further purpose of
this policy, when it is found that harassment has occurred, to ensure prompt
and appropriate remedial action, reasonably calculated to stop harassment, is
taken by school district employees.
It is the intent of the District to apply and enforce this policy in a manner that is consistent with and protects students’ rights to free expression under the First Amendment of the U.S. Constitution. The District respects and promotes the rights of students and others to speak freely and to express their ideas, including ideas that may offend the sensibilities of others. However, the District does not condone and shall take action in response to behavior that interferes with the learning of students and is not an otherwise protected expression.
1. Harassment
B.
Harassment
includes conduct which violates subsection (1) of this definition and
constitutes one or more of the following:
i.
Sexual harassment, which means conduct that includes unwelcome sexual
advances, requests for sexual favors
and other verbal, written, visual, or physical conduct of a sexual nature when
one or both of the following occur:
a. Submission to that conduct is made either explicitly or implicitly a term or condition of a student’s education.
b. Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student.
ii.
Racial harassment, which means conduct directed at the characteristics
of a student’s or a student’s family member’s actual or perceived race or
color, and includes the use of epithets, stereotypes, racial slurs, comments,
insults, derogatory remarks, gestures, threats, graffiti, display, or
circulation of written or visual material, and taunts on manner of speech and
negative references to racial customs.
iii.
Harassment of members of other protected categories, which means conduct
directed at the characteristics of a student’s or a student’s family member’s
actual or perceived creed, national origin, marital status, sex, sexual
orientation, or disability and includes the use of epithets, stereotypes,
slurs, comments, insults, derogatory remarks, gestures, threats, graffiti,
display, or circulation of written or visual material, taunts on manner of
speech, and negative references to customs related to any of these protected
categories.
2. “Complaint” means an oral or written report
by a student or any person to an employee alleging that a student has been
subjected to conduct that may rise to the level of harassment.
3. “Complainant” means a student who has filed
an oral or written complaint to an employee or is the alleged victim in a
report made by another alleging conduct and/or incident(s) that may rise to the
level of harassment.
4. “Employee” includes any person employed directly by or retained through a contract with the District, an agent of the school, a school board member, a student teacher, an intern or a school volunteer. For purposes of this policy, “agent of the school” includes supervisory union staff.
5. “Designated
Employee” means an employee who has been designated by the District to receive
complaints of harassment pursuant to 16 V.S.A. § 565(c)(1).
6. “Instructional Leader” means the building
level administrator, or his/her designee, at an independent or public school
designated by a school governing board to be a school principal, headmaster, or
technical center director.
Reporting of Student Harassment Complaints
1.
A
student who believes that s/he has been harassed, or who witnesses conduct that
s/he believes might constitute harassment, should report the conduct to a
designated employee, or to any other school employee.
2.
When a
student reports such conduct to a school employee, other than a designated
employee, that school employee shall refer the report to a designated employee.
3.
An
employee who witnesses conduct that s/he believes might constitute student
harassment under this policy shall take prompt and appropriate action to stop
the conduct and immediately report the conduct to a designated employee.
4.
Any
other person who witnesses conduct that s/he believes might constitute student
harassment under this policy should report the conduct to a designated
employee.
5.
Consistent
with this policy and 16 V.S.A. §565, the Superintendent or Instructional Leader
shall develop procedures regarding the reporting of student harassment
complaints and the District’s handling of such reports.
6.
Annually,
the District shall select two or more designated employees to receive
complaints and shall publicize their availability.
Procedures
Following a Report
1. Consistent with this policy and 16 V.S.A. §565, the Superintendent or Instructional Leader shall develop procedures for complaint response following a report, initiation of an investigation, investigation, independent review, and alternative dispute resolution provisions.
2. Independent Review: A complainant who desires independent review under 16 V.S.A. § 565(f) because s/he is either dissatisfied with the final determination of the school officials as to whether harassment occurred, or believes that, although a final determination was made that harassment occurred, the school’s response was inadequate to correct the problem, shall make such request in writing to the Superintendent. Upon such request, the Superintendent shall initiate an independent review, and shall comply with the District’s procedures and any applicable rules on this subject promulgated by the Commissioner of the Vermont Department of Education (“Commissioner”). The District may request an independent review at any stage of the process.
If after investigation, harassment has been
found, the District shall take prompt and appropriate disciplinary or remedial
action reasonably calculated to stop the harassment. Consistent with this policy, the District’s
Student Conduct and Discipline policy and 16 V.S.A. §565, the Superintendent or
Instructional Leader shall develop procedures regarding discipline and corrective
action including final action on a complaint, retaliation, false complaints,
and appeal provisions.
There will be no adverse action taken against
a person for reporting a complaint of harassment when the complainant has a
good faith belief that harassment occurred or is occurring or for
participating in or cooperating with an
investigation. Any person who knowingly
makes a false accusation regarding harassment will be subject to disciplinary
action.
Confidentiality; Notification of Results; and
Record Keeping.
1.
The
privacy of (1) the complainant, (2) the accused individual, and (3) the
witnesses shall be maintained consistent with the District’s obligations to
investigate, to take appropriate action, and to comply with laws governing the
disclosure of student records or other applicable discovery or disclosure
obligations.
2.
Subject
to state and/or federal laws protecting the confidentiality of personally
identifiable student information, the complainant and the accused individual
shall be informed in writing of the results of the investigation. If either the
complainant or the alleged individual is under the age of 18, subject to the
above limitation, his or her parent(s) or guardian(s) shall be provided with a
copy of this policy and related procedures, notified when an informal resolution
to a harassment complaint is attempted, notified when a complaint is filed, and
notified in writing of the investigation results. An authorized school official may seek waiver
of confidentiality rights in order to inform the complainant of remedial
measures undertaken.
3.
The
Superintendent or Instructional Leader shall assure that a record of any
complaint, its investigation and disposition, as well as any disciplinary or
remedial action taken following the completion of the investigation, is maintained
by the District in a confidential file accessible only to authorized
persons. The report of the investigation
shall be kept for at least six years after the report is completed.
Mandatory Reporting to State Agencies.
1. If a harassment complaint is
made that conduct by a licensed educator might be grounds under the State Board
of Education Rules for suspension or revocation of a license or endorsement,
the Instructional Leader shall report to the Superintendent and the
Superintendent shall report the alleged conduct to the Commissioner.
2.
When a
person responsible for reporting suspected child abuse under 33 V.S.A. § 4911,
et seq., determines that a complaint made pursuant to this policy must be
reported to the Commissioner of the Department for Children and Families, he or
she shall make the report as required by law and related District policy. If
the victim is a vulnerable adult, as that term is defined in 33 V.S.A.
§6902(14), the report shall be made to Adult Protective Services in accordance
with 33 V.S.A. § 6903 and 6904.
3.
Nothing
in this policy shall preclude anyone from reporting any incidents and/or
conduct that may be considered a criminal act to law enforcement officials.
Dissemination of Information, Training, Comprehensive Plan for Responding
to Student Misbehavior and Data Gathering.
1.
Dissemination
of Information. Annually, prior to the
commencement of curricular and co-curricular activities, the District shall
provide notice of this policy and its procedures to students, custodial parents
or guardians of students, and employees.
Notice to students shall be in age-appropriate language and include
examples of harassment. At a minimum,
this notice shall appear in any publication of the District that sets forth the
comprehensive rules, procedures and standards of conduct for the District.
2.
Training.
The Superintendent or Instructional Leader shall develop age-appropriate
methods of discussing the meaning and substance of this policy with students
and staff to help prevent harassment.
Training may be implemented within the context of professional
development and the school curriculum to develop broad awareness and
understanding among all members of the school community. Staff training shall enable staff to
recognize, prevent and respond to harassment.
3.
Comprehensive
Plan for Responding to Student Misbehavior.
The District’s comprehensive plan pursuant to 16 V.S.A. §1161a(a)(6)
shall include provisions that promote the positive development of youth and
actions to prevent misconduct from escalating to the level of harassment.
4.
Data Gathering.
The District shall provide the Vermont Department of Education with data
requested by the Commissioner.
Complaints to the
In addition to, or as an alternative to
filing a harassment complaint pursuant to this policy, a person may file a
harassment complaint with the Vermont Human Rights Commission or the Office for
Civil Rights of the U.S. Department of Education at the addresses noted in the
procedures accompanying this policy.
Date Warned: 12/03/04
Adopted: 12/15/04
Revised:
Legal References: Act 91 of 2004 (2004
16 V.S.A. §§11(a) (26), 565
(harassment), 1161a.
21 V.S.A. § 495(5) (retaliation)
33
V.S.A. §§ 4911 et seq. (child abuse)
9
V.S.A. §§ 4500 et seq. (public accommodations; retaliation)
20
U.S.C. §§1681 et seq. (Title IX, Civil Rights Act)
34
C.F.R. Part 106
42
U.S.C. §2000d (Title VI of the Civil Rights Act of 1964)
20
U.S.C. §1232g; 34 C.F.R. Part 99 (FERPA)
Saxe
v.
Cross References: To be updated.
Replaces former policy:
Unlawful Harassment #302