ACAB - Harassment Including Sexual Harassment
File: ACAB
Harassment Including Sexual Harassment
Harassment of students by other students, employees, vendors, and third parties will not be tolerated in the Franklin Public Schools. The District is responsible for investigation of alleged harassment that occurred within the school's own program or activity, where the school-owned or substantially controlled the premises, exercised oversight and supervision. This policy is in effect while students are on school grounds, School District property, or property within the school District's jurisdiction such as school buses, or attending or engaging in school-sponsored activities.
Harassment prohibited by the District includes, but is not Limited to, harassment based upon race, color, creed, religion, ancestry, national origin, sex, gender identity or expression, sexual orientation, marital status, genetic information, disability, pregnancy, or a related condition, veteran status, age, or homelessness. Students whose behavior is found to violate this policy will be subject to disciplinary action, including suspension or expulsion pursuant to the Student Handbook and applicable Law. Employees who have been found to violate this policy will be subject to discipline up to and including termination of employment, subject to any applicable contractual disciplinary obligations.
Employee-to-Student Harassment means conduct of a written, verbal, or physical nature that is designed to embarrass, distress, agitate, disturb, or trouble students when:
• Submission to such conduct is made either explicitly or implicitly a term or condition of a student's education or a student's participation in school programs or activities; or
• Submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student.
Student-to-Student Harassment means conduct of a written, verbal, or physical nature that is designed to embarrass, distress, agitate, disturb, or trouble students when:
• Such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating or hostile Learning environment.
Student-to-Employee Harassment means conduct of a written, verbal, or physical nature by a student that is designed to embarrass, distress, agitate, disturb, or trouble an employee which creates a hostile work environment.
Harassment, as described above, may include, but is not limited to:
• Written, verbal, or physical (including texting, blogging, or other technological methods of cyberbullying) harassment or abuse;
• Repeated remarks of a demeaning nature;
• Implied or explicit threats concerning one's grades, achievements, or other school matter;
• Demeaning jokes, stories, or activities directed at the student;
The District will promptly and reasonably investigate allegations of harassment in accordance with the timelines outlined in the FPS Civil Rights Grievance Procedure.
Sexual harassment is unwelcome conduct of a sexual nature. The definition under federal Law includes 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. It also includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment includes conduct by an employee conditioning an educational benefit or service upon a person's participation in unwelcome sexual conduct, often called quid pro quo harassment and, sexual assault as defined by the Federal Clery Act.
Sexual violence is a form of sexual harassment. Sexual violence, as the Office of Civil Rights (OCR) uses the term, refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent (e.g., due to the student's age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Schools must treat seriously all reports of sexual harassment that meet the definition of sexual harassment and the conditions of actual notice and jurisdiction as noted above.
Massachusetts General Laws Ch. 119, Section 51A, requires that public schools report suspected child abuse cases, immediately orally and file a written report within 48 hours detailing the suspected abuse to the Department of Children and Families. For the category of sexual violence, in addition to Section 51A referrals, these offenses and any other serious matters shall be referred to Local Law enforcement.
While it is not possible to List all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct, which if unwelcome, may constitute sexual harassment, depending on the totality of the circumstances, including the severity of the conduct and its pervasiveness:
• Unwelcome sexual advances-whether they involve physical touching or not;
• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex Life; comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess;
• Displaying sexually suggestive objects, pictures, cartoons;
• Unwelcome Leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
• Inquiries into one's sexual experiences; and,
• Discussion of one's sexual activities.
The Legal definition of sexual harassment is broad and other sexually-oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating an environment that is hostile, offensive, intimidating, to male, female, or gender non-conforming students or employees may also constitute sexual harassment.
The District will respond promptly to complaints of harassment including sexual harassment, and following an investigation where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose corrective action as is necessary, including disciplinary action where appropriate.
Retaliation against a complainant, because they have filed a harassment or sexual harassment complaint or assisted or participated in a harassment or sexual harassment investigation or proceeding, is also prohibited. A student or employee who is found to have retaliated against another in violation of this policy will be subject to disciplinary action.
NOTICE OF SEXUAL HARASSMENT UNDER TITLE IX
The regulations require a school district to respond when the district has actual notice of sexual harassment. School districts have actual notice when an allegation is made known to any school employee. Schools must treat seriously all reports of sexual harassment that meet the definition of harassment regardless whether or not the complainant files a formal complaint. Schools are required to investigate every formal complaint and respond meaningfully to every known report of sexual harassment.
The regulation highlights the importance of supportive measures designed to preserve or restore access to the school's education program or activity, with or without a formal complaint. Where there has been a finding of responsibility, the regulation would require remedies designed to restore or preserve access to the school's education program or activity.
DUE PROCESS PROTECTIONS
Due process protections include the following:
1. A presumption of innocence throughout the grievance process, a decision-maker separate from the Title IX Coordinator or investigator;
2. Application of a preponderance of evidence standard;
3. The opportunity to test the credibility of parties and witnesses subject to "rape shield" protections and may generally not be asked about their prior sexual behavior or history:
4. Written notice of allegations and an equal opportunity to review the evidence;
5. Title IX Coordinators, investigators, and decision-makers shall be free from bias or conflict of interest;
6. Upon filing a formal complaint the school must give written notice to the parties containing sufficient details to permit a party to prepare for any initial interview and proceed with a factual investigation. The parties must be allowed to submit written questions to challenge each other's credibility before the decision-maker makes a determination. After the investigation, a written determination must be sent to both parties explaining each allegation, whether the respondent is responsible or not responsible, including the facts and evidence on which the conclusion was based;
7. Appeal rights of both parties.
The District may establish an informal investigation process that may be followed by a formal process upon the request of the complainant. As Long as the process is voluntary for all parties and all parties provide written consent, a school may facilitate informal resolution of a sexual complaint.
In consultation with the Title IX Coordinator, the Superintendent shall designate each school principal in the district or their designee as the initial entity to receive the sexual harassment complaint. Also, in a matter of sexual harassment, the district shall require that the Title IX Coordinator be informed, as soon as possible, of the filing of the complaint. Nothing in this policy shall prevent any person from reporting the prohibited conduct to someone other than those above designated complaint recipients. The investigator may receive the complaint orally or in writing, and the investigation shall be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances and in compliance with applicable Law. The investigation will be prompt, thorough, and impartial, a. When the investigation is completed, the complaint recipient will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation.
RECORD KEEPING REQUIREMENTS
Schools must create and maintain records documenting every Title IX sexual harassment complaint. This could include mediation, restorative justice, or other models of alternative dispute resolution. Schools must keep records regarding the school's response to every report of sexual harassment of which it becomes aware even if no formal complaint was filed, including documentation of supportive matters offered and implemented for the complainant.
This policy, or a summary thereof that contain the essential policy elements shall be distributed by the Franklin Public School District to its students and employees and each parent or guardian shall sign that they have received and understand the policy.
The Title IX Grievance Procedure will be reviewed annually by members of the Franklin Public Schools administrative team. Areas of responsibility have been identified for school and district Leaders to ensure the successful implementation and ongoing improvements to the plan. The Superintendent is responsible for providing oversight on the Plan. The Superintendent, or their designee, will provide annual training to all administrators on the Civil Rights Grievance Procedures.
For more information regarding the Franklin Public Schools Compliance Officers please visit https://www.franklinps.net/sites/g/files/vyhlif4431/f/uploads/22-23 fps - Liaison-compliance officers 1.pdf
Please note that the following entities have specified time Limits for filing a claim; please contact each entity for their specific time frames.
The Complainant may also file a complaint with:
The Massachusetts Commission Against Discrimination ("MCAD")
One Ashburton Place, Room 601
Boston, MA 02108 (617) 727-3990
The U.S. Department of Education, Office for Civil Rights
5 Post Office Square 8th Floor
Boston, MA 02109-3921 (617) 289-0111
Massachusetts Department of Elementary & Secondary Education
75 Pleasant Street
Malden, MA 02148-4906
(781) 388-3000
The U.S. Equal Employment Opportunity Commission ("EEOC") John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
(800) 669-4000
For information regarding the Grievance Process for non-Title IX complaints of harassment and/or discrimination, please refer to the FPS Civil Rights Grievance Procedure.
For information regarding the Grievance Process for complaints of discrimination on basis of sex or sexual harassment under Title IX of the Education Amendments of 1972, please refer to FPS Title IX
Note: A summary of the attached Policy, as adopted, must be sent to parents/guardians, students, employees, unions, and prospective employees of the school district including Title IX Coordinator(s), investigator(s) and the decision-maker. The above referenced employees must attend training sessions on the implementation of the Policy.
SOURCE: MASC July 2020