SPAULDING HIGH SCHOOL UNION DISTRICT CODE: JFCM-R
POLICY MANUAL CBCD-R
DRAFT: 5/25/95
First READING: 9/6/95
Second READING: 10/3/95
Third READING/ADOPTED: 11/6/95
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UNLAWFUL HARASSMENT PROCEDURES
The School Board hereby adopts the following procedures to implement the School District's policy with respect to unlawful harassment.
1.0 INTRODUCTION
The Spaulding High School Union District JFCM/GBCD Policy on Anti-Harassment and Related Unprofessional Conduct seeks to maintain an atmosphere of mutual respect and trust which is essential to the work of our school community. All members of the school community should become familiar with the policy and work together to ensure a positive climate.
The following procedures are established to help faculty, staff, and students in the District deal fairly and promptly with concerns and to provide educational programs that raise awareness and influence behavior.
2.0 ROLES AND RESPONSIBILITIES
2.1 Community Members
Any member of the community who believes that this policy has been violated may make a complaint. The well-being of the District depends on every member being knowledgeable about the policy, being conscious of his or her own behavior and avoiding intentionally dishonest or malicious complaints.
2.2 Equity Coordinator
The Superintendent shall designate one person within the District to be responsible for receiving formal complaints, recommending resolutions and for maintaining records on said complaints. This individual also prepares annual reports on the nature and outcome of complaints which are the basis of District reports to be used for information, planning, and assessment of progress toward elimination of harassment of any kind. If the Equity Coordinator is the accused, the Superintendent and/or Principal shall assign another person to hear the complaint.
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2.3 MANDATORY REPORTING
2.31 To principal: Any adult personnel who witnesses or receives a report, formal or informal, written or oral, of unlawful harassment at school or during school sponsored activities shall report it to the principal. If the report involves the school principal, the reporter shall make the report directly to the School District Equity Coordinator. In all cases a copy of the complaint shall be forwarded to the Superintendent.
2.32 Principal's duty: Upon receipt of a report of unlawful harassment, the principal shall decide whether to retain and act upon it at the school site or to forward it directly to the School District Equity Coordinator. In either case, the Superintendent shall be notified.
2.32a Retained by principal: If the principal acts upon the report at the school site and if the matter is not resolved informally, in accordance with Section B, he or she shall forward to the School District Equity Coordinator within 5 days. A report of any action taken shall be forwarded to Superintendent and Equity Coordinator.
2.32b Forwarded to School District Equity Coordinator: If the principal decides to forward the report directly to the School District Equity Coordinator, he or she shall do so immediately, without screening or investigating the report. The principal shall receive a written copy of the complaint from the complainant. The principal shall forward to the School District Equity Coordinator:
(i) The written statement of the complaint within 24 hours; and
(ii) any available supporting documentation as soon as practical.
3.0 TIMELINESS
Students or employees should make a complaint within 2 years of knowledge of a possible violation of the policy.
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4.0 CONFIDENTIALITY
The Superintendent and his or her designees will handle the matter as confidentially as possible. When an individual chooses informal resolution, a contact person will inform the Equity Coordinator of the concern, the resolution processes used and the outcome. When a formal complaint is filed, the alleged violator, the Superintendent, and the Equity Coordinator are informed. Others who may have a legitimate need to know (such as a Department Head) will be informed on a case-by-case basis.
5.0 STEPS IN THE PROCESS
5.1 A person with a concern or possible complaint meets with either, the principal or Equity Coordinator as the first contact people. They are trained to advise and assist individuals to clarify concerns and to make decisions about following informal or formal complaint procedures, when necessary. These contact people may participate in the informal resolution processes. They may also refer individuals to other appropriate contact people or the Superintendent of Schools.
5.2 Either with a contact person or alone, an individual may decide to follow formal or informal complaint procedures. An individual may proceed immediately with a formal complaint. If the informal process is followed, a formal complaint may be made later, regardless of the outcome of the informal complaint process. An individual may also elect to file a complaint initially with the EEOC, Vermont's Attorney General, or Vermont's Human Rights Commission.
5.3 There are instances when an individual may choose not to make either a formal or informal complaint, but the institution may choose to follow up on a concern with either an informal process or a formal complaint.
6.0 INFORMAL COMPLAINT
6.1 The individual meets with either the Principal or Equity Coordinator as the first contact person to describe the behavior that is offensive.
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6.2 The individual and the contact person will then consider a number of options that might resolve the situation, including but not limited to:
6.21 the preparation of a letter to the alleged violator, which describes the offensive behavior and requests that it cease;
6.22 plan a meeting during which the individuals can discuss the offensive behavior;
6.23 set up a meeting between the contact person and the alleged violator to talk about the offensive behavior;
6.24 prepare the individual to meet with the alleged violator regarding the offensive behavior;
6.25 other options that will end the offensive behavior or resolve the complainant's concern about the offensive behavior.
6.3 The contact person notifies the Superintendent and Equity Coordinator of the nature of the complaint, resolution processes used and outcomes.
6.4 If the resolution is not satisfactory to the complainant, she or he may choose to file a formal complaint.
7.0 FORMAL COMPLAINT
7.1 The complainant meets with one of the persons designated to receive formal complaints (usually the Principal or Equity Coordinator).
7.2 The complainant is advised that the alleged violator will receive a copy of the written complaint.
7.3 The complainant files a written statement describing the alleged offensive behavior. This statement must be signed and dated.
7.4 A copy of the written complaint is sent to the alleged violator with a letter informing the alleged violator that an investigation has begun and directs the alleged violator not to engage in any retaliatory behavior against the complainant. A copy of policy JFCM is also included. A copy of this letter is sent to the complainant.
7.5 The letter shall either be hand-delivered or sent to the individual's mailing address marked "confidential."
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7.6 Copies of the letter and complaint are sent to the Superintendent of Schools and the appropriate principal.
7.7 The institution will respond promptly to complaints, generally sending the above letter within ten working days. If the institution does not do so, the complainant may ask the Superintendent to respond and conduct the investigation.
8.0 INVESTIGATION UNDER FORMAL COMPLAINT PROCESS
8.1 The Principal and/or the Equity Coordinator shall conduct a formal investigation and from this point forward be considered the investigators. The complainant and/or the alleged violator may object to the selection of the investigators if either believes there is demonstrable or perceived bias on the part of the investigator. Any such questions must be raised upon receipt of notice of the investigation. The Superintendent has final authority in the appointment of investigators.
8.2 The investigation will be conducted as promptly as possible without compromising thoroughness. A STATEMENT OF FINDINGS Report shall be submitted to the Superintendent within 60 working days of the filing of the formal complaint. This deadline may be extended upon written consent of both parties. If the report is not filed on time, no discipline may be imposed.
8.3 The investigators will meet separately with the complainant and the alleged violator. The investigators will request information about the alleged incident(s) and will seek information from individuals who might know about the incident(s) or other information helpful to the investigation.
8.4 If in the course of the investigation other allegations surface against the individual being investigated which may by themselves constitute harassment or related unprofessional conduct, the investigators shall inform the alleged violator of these allegations, in writing, and the individual will be given an opportunity to respond to these allegations before the investigators submit their report and statement of findings.
8.5 Notes shall be taken by the investigators on meetings they have with all persons. Any person may elect to have counsel or an advisor present at any investigation meetings.
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8.6 At the conclusion of the investigation, the investigators will send a copy of their findings and investigative report to the superintendent. If the report and findings are accepted, a copy of the report and findings will be sent to the complainant, the alleged violator and the Equity Coordinator for confidential filing purposes.
8.7 If there is no finding of sexual harassment or related unprofessional conduct and if the Superintendent concurs with this finding, the alleged violator will receive a letter informing her or him of this finding. No materials pertaining to the complaint will be placed in the personnel of student file in such an instance. The Equity Coordinator will keep a confidential record of the formal complaint for reporting purposes only.
8.8 If the Superintendent finds the report to be incomplete or does not concur with the findings, she or he may send the report back for further investigation, may appoint new investigators, or may overturn the findings.
8.9 If there is a finding of harassment or related unprofessional conduct and the Superintendent concurs with the findings, she or he will send the violator a letter outlining the discipline being contemplated, which will be consistent with all applicable contract/collective bargaining agreements. If the violator is a student, the appropriate principal will initiate procedures related to policy violation by the students.
8.10 The complainant and/or the alleged violator have the right to request an informal meeting with the Superintendent to discuss the findings.
8.11 The Superintendent will inform the violator by letter of the discipline.
9.0 APPEAL
A person determined to have violated the policy on unlawful harassment and subjected to action under it may appeal the determination and/or the action taken as follows:
9.1 Student: If the person filing the appeal is a student, the appeal shall proceed in accordance with school district policy governing discipline of students and with law.
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9.2 Staff:
9.21 If the person filing the appeal is an adult school personnel who has applicable appeal rights under the grievance procedure in a collective bargaining agreement, the appeal shall proceed in accordance with the person's rights in that agreement.
9.22 If the person filing the appeal is a adult school personnel who does not have applicable appeal rights under the grievance procedure in a collective bargaining agreement, the appeal shall proceed in accordance with school district policy governing personnel discipline and with law.
10.0 NOTICE
The Superintendent shall provide notice of the policy on unlawful harassment and these procedures to all school personnel and to custodial parents or guardians of students. The notice shall:
10.1 Be in age-appropriate language;
10.2 Include examples of behaviors which, if sufficiently severe, pervasive or persistent to interfere with a person's ability to participate in or benefit from school programs, would be unlawful harassment; and
10.3 Provide the following information about additional methods of pursuing claims of unlawful harassment:
A person may make a complaint of harassment to the Vermont Human Rights Commission or the federal Office of Civil Rights at the following places:
Vermont Human Rights Commission
133 State Street
Montpelier, VT 05633-0001
(802) 828-2480
Director, Compliance Division Area II
Office for Civil Rights
U.S. Department of Education, Region 1
John W. McCormack Post Office and Courthouse, Room 222
Post Office Square
Boston, MA 02109
(617) 223-9667
In addition, an individual may seek other remedies through private legal action and, in some circumstances, through criminal prosecution.
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11.0 EDUCATION
In developing an atmosphere of mutual trust and respect, the District will provide educational programs that work toward the elimination of offensive behavior. In these programs, the Superintendent and Principal will:
11.1 distribute periodically to all employees and students copies of Policy JFCM and procedures for implementation of the policy;
11.2 distribute periodically materials that define harassment and explain the rights and responsibilities of individuals under the policy;
11.3 provide incoming students, faculty and staff with information and learning experiences to heighten awareness of the issues and of the District's expectations;
11.4 establish and train a group of people who can be initial contacts and provide informal support for people who believe the policy has been violated, assist and advise on the decisions to be made by those who believe the policy has been violated, participate as appropriate in informal resolution processes and educate others about the issues;
11.5 train potential investigators who will be part of the response to formal complaints.
The District will continue to support, monitor and revise the educational programs as they work toward the goals of eliminating harassment and related unprofessional conduct and enhancing mutual trust and respect.
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