5145.5(a)
Students
Harassment
The Board strives to provide a safe, positive learning environment
in the schools. Therefore, harassment,
in any form, will not be tolerated in this district. This policy applies to all students on school grounds or on
property within the jurisdiction of the district; on buses operated by or for
the district; while attending or engaged in district activities; and while away
from district grounds if the misconduct directly affects the good order,
efficient management, and welfare of the district.
Students are expected to adhere to a standard
of conduct that is respectful and courteous to all. The principle of freedom of expression that might otherwise
protect the most offensive public speech does not protect or encompass a right
to threaten the dignity and privacy of an individual. Such personally directed behavior will not be tolerated. It is contrary to academic values,
debilitates its victims, compromises the offenders, and undermines the
district’s fundamental commitment to individual freedom and respect for all its
members. Furthermore, acts of
intolerance may destroy the very atmosphere in which freedom of expression is
otherwise tolerated and cherished.
For purposes of this policy, harassment
consists of verbal, graphic, or physical conduct relating to an individual’s
race, color, religion, sex, national origin/ethnicity, physical attributes or
disability, parental or marital status, sexual orientation, or age when such
conduct/harassment:
1. is
sufficiently severe, persistent or pervasive that it affects an individual’s
ability to participate in or benefit from an educational program or activity or
creates an intimidating, threatening or abusive education environment;
2. has
the purpose or effect of substantially or unreasonably interfering with a
student’s work performance; or
3. otherwise adversely affects a student’s
learning opportunities.
Harassment as set forth above may include,
but is not limited to:
·
Verbal, physical, or written intimidation or abuse;
·
Repeated remarks of a demeaning or condescending nature;
and
·
Repeated demeaning jokes, stories, or activities directed
at the individual.
Should
harassment be alleged, it is the policy of this Board that it shall be
thoroughly investigated, that there shall be no retaliation against the victim
of the alleged harassment, and that the problem/concern shall be appropriately
addressed.
5145.5(b)
Students
Harassment (continued)
The
district shall annually inform students that unlawful harassment of any kind
will not be tolerated with the school system.
For
purposes of this policy, sexual harassment shall consist of unwelcome sexual
advances, requests for sexual favors and other inappropriate verbal, written,
graphic or physical conduct of a sexual nature when:
1. submission
to such conduct is made, either explicitly or implicitly, a term or condition
of an individual’s education;
2. submission
to or rejection of such conduct by an individual is used as the basis for
academic decisions affecting that individual; or
3. such
conduct has the purpose or effect of substantially interfering with an
individual’s academic performance or creating an intimidating, hostile or
offensive academic environment.
Sexual harassment, as defined above, may include but is
not limited to the following:
1. verbal
harassment or abuse;
2. pressure
for sexual activity;
3. repeated
remarks to a person with sexual or demeaning implications;
4. unwelcome
touching; or
5. suggesting
or demanding sexual involvement accompanied by implied or explicit threats
concerning one’s grades, etc.
Examples
of conduct that may constitute sexual harassment include, but are no limited
to, sexual flirtations, advances, touching or propositions, verbal abuse of a
sexual nature, graphic or suggestive comments about an individual’s dress or
body, sexually degrading words to describe an individual, jokes, pin-ups,
calendars, objects, graffiti, vulgar statements, abusive language, innuendos,
references to sexual activities, overt sexual conduct, or any conduct that has
the effect of unreasonably interfering with a student’s ability to work or
creates an intimidating, hostile, or offensive learning environment.
Each
student shall be responsible to maintain an educational environment free from
all forms of unlawful harassment.
5145.5(c)
Students
Harassment (continued)
In order
to maintain a learning environment that discourages and prohibits unlawful
harassment, the Board designates the Director of Pupil Services as the
District’s Compliance Officer.
The
Compliance Officer shall publish and disseminate this policy and the complaint
procedure annually to students, parents, employees, independent contractors,
vendors, and the public. The
publication shall include the position, office address, and telephone number of
the District’s Compliance Officer.
The
Board directs that complaints of harassment shall be investigated promptly and
corrective action be taken when allegations are substantiated. Confidentiality of all parties shall be
maintained consistent with the District’s legal and investigative obligations.
The
building principal or his/her designee shall be responsible to complete the
following duties when receiving a complaint of unlawful harassment:
1. inform the student or third party of
the right to file a complaint and the complaint procedure;
2. notify
the complainant and the accused of the progress at appropriate stages of the
procedure; and
3. refer the
complainant to the Compliance Officer if the building principal is the subject
of the complaint.
Legal Reference: Title
VII, Civil Rights Act, 42 U.S.C. 2000e, et seq.
29
CFR 1604.11, EEOC Guidelines on Sex Discrimination.
Title
IX of the Educational Amendments of 1972, 20 U.S.C. 1681 et seq.
34
CFR Section 106.8(b), OCR Guidelines for Title IX.
Definitions,
OCR Guidelines on Sexual Harassment, Fed. Reg. Vol 62, #49, 29 CFR Sec. 1606.8
(a0 62 Fed. Reg. 12033 (March 13, 1977) and 66 Fed. Reg. 5512 (January 19,
2001)
Meritor Savings Bank. FSB v. Vinson, 477
U.S. 57 (1986)
Faragher v. City of Boca Raton, No. 97-282 (U.S.
Supreme Court, June 26, 1998)
5145.5(d)
Students
Harassment (continued)
Legal References: (continued)
Burlington
Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)
Gebbser v. Lago
Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)
Davis v. Monro County Board of Education, No.
97-843, (U.S. Supreme Court, May 24, 1999.)
Connecticut
General Statutes
46a‑60
Discriminatory employment practices prohibited.
10-15c
Discrimination in public schools prohibited. School attendance by five-year
olds. (Amended by P.A. 97-247 to include “sexual orientation”)
10‑153
Discrimination on account of marital status.
17a-101 Protection of children
from abuse.
Policy
adopted: March 9, 2004 EAST HADDAM PUBLIC
SCHOOLS
Moodus,
Connecticut
5145.5(a)
Students
Harassment
Harassment Complaint Procedure
A student or third party who believes
he/she has been subject to conduct that constitutes a violation of this policy
is encouraged to immediately report the incident to the building principal,
compliance officer, guidance counselor, or staff member. If the building principal is the subject of
the complaint, the incident shall be reported directly to the district’s
Compliance Officer.
The complainant is encouraged to use the
report form available from the building principal, but oral reports are
acceptable.
Upon receiving a complaint of unlawful
harassment, the building principal shall immediately notify the Compliance
Officer or the Superintendent who shall then authorize the building Principal
to investigate the complaint, unless the building principal is the subject of
the complaint or is unable to conduct the investigation.
This investigation may consist of
individual interviews with the complainant, the accused and others with
knowledge relative to the incident.
Other information and materials relevant to the investigation may also be
evaluated.
The obligation to conduct this
investigation shall not be negated by the fact that a criminal investigation is
pending or has been concluded.
The District shall take prompt, corrective
action to ensure that such conduct ceases and will not reoccur if the
investigation results in a finding that the complaint is factual and is a
violation of Board policy.
Disciplinary actions shall be consistent
with Board policies and district procedures.
Students knowingly making a false
complaint under this policy shall be subject to disciplinary action including
suspension/expulsion.
5145.5(b)
Students
Harassment (continued)
Harassment Complaint Procedure
(continued)
1. The
complainant, if not satisfied with a finding of no violation of the policy or
with the corrective action, may submit a written appeal to the Compliance
Officer within fifteen (15) days.
2. The
Compliance Officer shall review the investigation and the investigative report
and may also conduct an investigation.
3. The
Compliance Officer shall prepare a written response to the appeal within
fifteen (15) days. Copies of the response shall be provided to the complainant,
the accused, and the building principal who conducted the initial
investigation.
Withdrawal
A complaint may be withdrawn by the complainant at any level.
Hearings and
Decisions
The complainant shall be given the opportunity to be present and to be heard. All decisions at each level shall be in writing and shall include supporting rationale. Copies of all decisions and recommendations shall be furnished promptly to all parties.
Reprisals
No reprisal of any kind shall be taken by or against any party of
legitimate interest or any legitimate participant in the complaint procedure by
reason of such participation.
Regulation approved: March 9, 2004 EAST HADDAM PUBLIC
SCHOOLS
Moodus,
Connecticut
5145.5
Form 1
EAST HADDAM PUBLIC SCHOOLS
Moodus,
Connecticut
REPORT FORM FOR COMPLAINTS OF HARASSMENT
Complainant:
___________________________________________________________________
Home Address: _________________________________________________________________
Home Phone: ___________________________________________________________________
School building: _________________________________________________________________
Date & Approximate Time of Alleged
Incident(s): ________________________________________
Alleged
harassment was based on: (Check all that apply.)
Race Color National Origin Other
Gender Disability Religion
Name of person you believe violated the
District’s harassment policy:
______________________________________________________________________________
If the alleged harassment was directed against
another person, identify the other person:
______________________________________________________________________________
Describe
the incident as clearly as possible, including any verbal statements (i.e.,
threats, derogatory remarks, demands, etc.) and any actions or activities. Attach additional pages if necessary:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
When and
where incident occurred: __________________________________________________
List any
witnesses who were present: _________________________________________________
______________________________________________________________________________
This complaint is based on my
honest belief that _________________________________ has discriminated against
me or another person. I certify that
the information provided in this complaint is true, correct and complete to the
best of my knowledge.
__________________________ _______________________
Complainant’s Signature Date
__________________________ _______________________
Received By Date
5145.5
Form 1
(continued)
Decision rendered: Unfounded Exonerated Unsustained Sustained
Recommended
action/action taken: ___________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Signatures (acknowledgments)
Complaint: _____________________________________________ Date
________________
Subject of Investigation: ___________________________________ Date:
________________
Superintendent of Schools: _________________________________ Date:
________________
5145.5
Form 2
EAST HADDAM PUBLIC SCHOOLS
Moodus,
Connecticut
HARASSMENT STUDENT INVESTIGATIVE REPORT
Name
of complainant (student):
Student’s
parents/guardian:
Home
Address:
Telephone:
Date
of Incident: Time of Incident:
Date
Reported:
Location
of Incident:
Complaint
filed against (name position):
Details (description) of
investigation:
Personnel Interviewed:
Name/Position Address Telephone