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Barre Town Supervisory District Policy Manual Title: Adult Anti-Harassment Policy Code: GBBA I. General Statement of Policy The Barre Town School District is committed to providing all adults with a safe and supportive school and/or working environment free from unlawful harassment. Members of the school community within the school environment are expected to treat each other with mutual respect and to accept the rich diversity that makes up the community. It is hereby the policy of the Barre Town School District to oppose and prohibit, without qualification, unlawful harassment or discrimination by an adult against another person on the basis of race, creed, color, national origin, marital status, sex, sexual orientation, disability or religion. The Barre Town School District shall act to investigate all complaints of harassment and to discipline or take other appropriate action against any member of the school community who is found to have violated this policy. The School Administration has an obligation to ensure that all adults involved or associated with the school are informed of the content of this policy. II. Definitions For the purpose of this policy, the following terms are defined as: 1) Harassment: Harassment means unlawful harassment which constitutes a form of discrimination. It means verbal of physical conduct based on a person's actual or perceived race, religion, creed, color, national origin, marital status, sex, sexual orientation or disability, and which has the purpose or effect of substantially interfering with a person's educational performance or creating an intimidating, hostile or offensive environment. Sexual harassment is also a form of unlawful harassment. Vermont Statutes, Title 16 (11)(a). 2) Harassment Complaint Officials: The harassment complaint officials for the Barre Town Elementary School are the Principal and Assistant Principal or his/her designee. 3) School Community: School community includes but is not limited to all students, school employees, contractors, unpaid volunteers, and other visitors. 4) School Environment: School environment means anytime a student is under the supervision of the school or an adult is performing duties for the school. 5) Student: Any person under the legal age of 18, who is a member of the Barre Town School community. 6) Adult: Any person over the legal age of 18, who is a member of the Barre Town School community. III. Types of Harassment Defined Disability Harassment Marital Status Harassment National Origin Harassment Racial and Color Harassment Religious, Creed Harassment Sexual Harassment This applies whether the harassment is between people of the same or different gender. Sexual harassment can include unwelcome verbal, written, or physical conduct, directed at or related to a person's gender, such as sexual gossip or personal comments of a sexual nature, sexually suggestive or foul language, sexual jokes, whistling, spreading rumors or lies of a sexual nature about someone, demanding sexual favors, forcing sexual activity by threat of abuse, punishment or offer of educational reward, obscene graffiti, display or sending of pornographic pictures or objects, offensive touching, pinching, grabbing, kissing or hugging or restraining someone's movement in a sexual way. Several behaviors listed under this definition may also constitute physical or sexual abuse. Refer to policy Child Abuse & Neglect Reporting Policy Code: JLF. Sexual Orientation Harassment IV. Reporting Confidentiality The Barre Town School District recognizes that both the complainant and the alleged harasser have strong interests in maintaining the confidentiality of the allegations and related information. The privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses will be respected as much as possible, consistent with legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations. Procedures for Reporting Any adult who believes that he/she has been the target of unlawful harassment as defined by this policy may bring his/her complaint to the attention of one of the harassment complaint officials. The complaint may be made either verbally or in writing. If one of the harassment complaint officials is the person alleged to be engaged in the harassment, the complaint shall be filed with the alternative complaint official, the NEA Union President, or the Superintendent. False Reporting Retaliation Appeal Process V. Process for Disciplinary Action for Violations of this Policy If, after a thorough investigation of an alleged harassment incident, the anti-harassment complaint official determines that the alleged complaint was founded, the following disciplinary action will occur: Following the investigation, the anti-harassment complaint official shall recommend to the Superintendent what action, if any, is required. The Supervisory Union and/or School District shall take appropriate action in all cases where the anti-harassment complaint official concludes that this policy has been violated. Any person who is determined to have violated this policy shall be subject to action, including but not limited to; a written reprimand in his/her personnel file, unpaid suspension, or termination of employment. The disciplinary intervention may also include remedial action including but not limited to training, education, or counseling. Action taken for violation of this policy shall be consistent with the requirements of any applicable collective bargaining agreement, Supervisory Union and/or School District policy, and state and federal law. Any person not employed by the district but who serves in the capacity of volunteer, contractor, or in any other capacity, could be restricted from the school program and/or find his/her contract null and void. The Superintendent and/or Principal shall maintain the written report of the investigation and results in his/her office. In the case of an investigation conducted by the school district, the Superintendents shall receive a copy of the investigation report and results. If the harassment complaint official concludes that a professional educator or administrator has violated the policy, a report of the filings shall be filed with the Licensing Office of the Vermont Department of Education. Barre Town School District Policy Manual The complainant and the alleged harasser shall be informed of the results of the investigation, including whether the allegations were found to be factual, whether there was a violation of the policy, and whether disciplinary action was or will be taken. VI. Victim's Needs If the victim is a student, the student's needs will be assessed by a counselor who will determine the need for further counseling or referral to the school psychologist or outside agency. If the victim is an adult, the district will provide information regarding available resources. VII. Alternative Complaint Reporting In addition to filing a harassment complaint through this policy, a person may choose to exercise other options, including but not limited to filing a complaint with outside agencies or filing a private lawsuit. A person who has been harassed may file a lawsuit under a number of federal or state statutes. (Including Titles IV, VI, and IX of the federal Civil Rights Act of 1964; the Rehabilitation Act of 1973; and the Vermont Public Accommodations Act.) He or should consult with a private attorney about these rights and options. Outside Agencies A charge of harassment may also be investigated by the Vermont Human Rights Commission, the Vermont Department of Education, or the Office for Civil Rights of the U.S. Department of Education, Equal Employment Opportunity Commission (EEOC), and the Vermont Attorney General's Office. VII. Notice and Publication The School Board shall provide notice of the policy and procedures to students, custodial parents or guardians, and school employees. Notice to students shall be age-appropriate language and should include examples of harassment. At a minimum, the policy shall be conspicuously posted throughout the school building in areas accessible to all members of the school community. The notice shall also appear in the school handbooks and any other publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for the school. There shall be procedures for publicizing, on an annual basis, the identity of the harassment complaint officials who are designated to receive complaints. The board shall use its discretion in developing appropriate programs to effectively inform school employees about the substance of the policy and procedures in order to help prevent harassment. Date Adopted: March 18, 1999 |