Non-Discrimination Policies
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Title 9
NON-DISCRIMINATION POLICY AND PROHIBITION AGAINST SEXUAL HARASSMENT – STUDENTS
The District does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admission and employment.
Inquiries about Title IX may be referred to the District’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. The District’s Title IX Coordinator is:
For Staff: For Students: Nerlande Mintor HR Director
617-357-0900 x1106
Sarah O’Connor Director of Student Services
617-357-0900 x4200
The District’s Title IX Coordinator may delegate specific duties to one or more designees as the Title IX Coordinator finds appropriate.
The District’s nondiscrimination policy and grievance procedures can be located below. The District has adopted these grievance procedures to provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.
To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please refer to the procedures below.
Definitions
Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Under state law, sexual harassment is sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment under Massachusetts law when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s advancement (quid pro quo harassment);
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions;
- Such conduct interferes with an individual’s job duties; or
- The conduct creates an intimidating, hostile or offensive work environment.
Under Federal law, sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:
- Quid pro quo harassment. An employee, agent, or other person authorized by the District to provide an aid, benefit, or service under the District’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
- Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the District’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
- The degree to which the conduct affected the complainant’s ability to access the District’s education program or activity;
- The type, frequency, and duration of the conduct;
- The parties’ ages, roles within the District’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
- The location of the conduct and the context in which the conduct occurred; and
- Other sex-based harassment in the District’s education program or activity.
- Specific offenses.
- Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
- Dating violence meaning violence committed by a person:
- Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- Where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship;
- The type of relationship; and
- The frequency of interaction between the persons involved in the relationship;
- Domestic violence meaning felony or misdemeanor crimes committed by a person who:
- Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the District, or a person similarly situated to a spouse of the victim;
- Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
- Shares a child in common with the victim; or
- Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or
- Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- Fear for the person’s safety or the safety of others; or
- Suffer substantial emotional distress
The following additional definitions apply:
“Complainant” means:
- A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or
- A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in the District’s education program or activity at the time of the alleged sex discrimination.
“Complaint” means an oral or written request to the District that objectively can be understood as a request for the District to investigate and make a determination about alleged discrimination under Title IX or its regulations. The Title IX Coordinator will file this complaint if the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other person, or that the conduct as alleged prevents the District from ensuring equal access on the basis of sex to its education program or activity. The following factors go into the decision by the Title IX Coordinator:
- The complainant’s request not to proceed with initiation of a complaint;
- The complainant’s reasonable safety concerns regarding initiation of a complaint;
- The risk that additional acts of sex discrimination would occur if a complaint is not initiated;
- The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
- The age and relationship of the parties, including whether the respondent is an employee of the District;
- The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;
- The availability of evidence to assist a decisionmaker in determining whether sex discrimination occurred; and
- Whether the District could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures.
“Disciplinary sanctions” means consequences imposed on a respondent following a determination under Title IX that the respondent violated the District’s prohibition on sex discrimination.
“Relevant” means related to the allegations of sex discrimination under investigation as part of these grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.
“Remedies” means measures provided, as appropriate, to a complainant or any other person the District identifies as having had their equal access to the District’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the District’s education program or activity after a District determines that sex discrimination occurred.
“Respondent” means a person who is alleged to have violated the District’s prohibition on sex discrimination.
“Retaliation” means intimidation, threats, coercion, or discrimination against any person by the District, a student, or an employee or other person authorized by the District to provide aid, benefit, or service under the District’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.
“Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
“Supportive measures” means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:
- Restore or preserve that party’s access to the District’s education program or activity, including measures that are designed to protect the safety of the parties or the District’s educational environment; or
- Provide support during the District’s grievance procedures or during an informal resolution process.
“Parental status” means the status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is:
- A biological parent;
- An adoptive parent;
- A foster parent;
- A stepparent;
- A legal custodian or guardian;
- In loco parentis with respect to such a person; or
- Actively seeking legal custody, guardianship, visitation, or adoption of such a person
“Pregnancy or related conditions” means:
- Pregnancy, childbirth, termination of pregnancy, or lactation;
- Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
- Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
Complaints and Reports of Sexual Harassment
The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the District investigate and make a determination about alleged discrimination under Title IX:
A “complainant,” which includes:
- a student or employee of the District who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
- a person other than a student or employee of the District who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in the District’s education program or activity;
- A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
- the District’s Title IX Coordinator
Note that a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of 34 C.F.R. § 106.44(f)(1)(v).
With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:
- Any student or employee of the District; or
- Any person other than a student or employee who was participating or attempting to participate in the District’s education program or activity at the time of the alleged sex discrimination.
The District may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. The District cannot consolidate if it would violate FERPA. Consolidation would not violate FERPA when a District obtains prior written consent from the parents or eligible students to the disclosure of their education records.
The District will address a sex- based hostile environment allegation under its education program or activity, even when some conduct alleged to be contributing to the hostile environment occurred outside the District’s education program or activity or outside the United States.
Obligation to Report
All employees must notify the building principal or the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination under Title IX.
Informal Resolution
In lieu of resolving a complaint through the District’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. the District does not offer informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student, or when such a process would conflict with Federal, State, or local law.
Facilitators of informal resolution will be designated by the Title IX Coordinator and must not be biased against any of the parties. Prior to beginning informal resolution, the Title IX Coordinator will send notice to the parties of the process and their rights.
Informal resolution is entirely voluntary. Parties may elect to pursue formal procedures at any step in the process of making their complaint, including prior to filing one.
If the complainant and the respondent feel that their grievances have been sufficiently addressed via informal resolution, then no further action needs to be taken. This voluntary conversation must occur within thirty (30) school days after receiving the allegations, unless both parties agree otherwise. The results of an informal resolution shall be maintained by the facilitator, in writing.
Supportive Measures
Upon receiving actual notice of alleged sexual harassment without a formal complaint, staff members must notify the Title IX Coordinator. The Title IX Coordinator must then contact the complainant within five school days of receiving the complaint and do the following:
- Discuss and offer supportive measures;
- Consider the complainant’s wishes with respect to supportive measures;
- Explain that supportive measures may be received with or without filing a complaint;
- Determine whether the complainant wishes to file a complaint; and
- Explain to the complainant the purpose of filing a complaint.
The Title IX Coordinator must document in writing the supportive measures offered/provided or why no supportive measures were offered/provided.
A respondent will be offered supportive measures if the District has initiated a Title IX complaint or if the District has offered informal resolution. If the Title IX Coordinator is initiating the complaint, the Title IX Coordinator will notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures.
Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The district must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.
If the complainant or respondent is a student with a disability, the Title IX Coordinator will consult with one or more members, as appropriate, of the student’s IEP or 504 Team to determine how to comply with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, in the implementation of supportive measures.
Grievance Process Overview
During the grievance process, the District will treat complainants and respondents equally.
The District requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.
The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.
The District has established the following timeframes for the major stages of the grievance procedures:
- Within five business days, the District will decide whether to dismiss or investigate a complaint.
- Within sixty business days, the District will investigate and decide on the complaint.
- The parties will have ten calendar days to appeal a decision from the decision-maker or of a decision to dismiss the complaint. The District will decide an appeal within thirty calendar days of receipt.
The District will provide all parties with a reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay. If a party is seeking an extension, they should request an extension from the Title IX Coordinator in writing, explaining the reasons for the requested extension. The Title IX Coordinator will rule on the extension in writing to all parties. If the District requires an extension for good cause, it will notify all the parties of the reasons.
The District will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.
The District will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
- Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
- A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
- Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.
Notice of Allegations:
Upon initiation of the District’s Title IX grievance procedures, the District will notify the parties of the following:
- the District’s Title IX grievance procedures and any informal resolution process;
- Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);
- Retaliation is prohibited; and
- The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence.
If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.
Dismissal of a Complaint:
The District may dismiss a complaint of sex discrimination if:
- the District is unable to identify the respondent after taking reasonable steps to do so;
- The respondent is not participating in the District’s education program or activity and is not employed by the District;
- The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the District determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
- the District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant.
Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.
The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:
- Procedural irregularity that would change the outcome;
- New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
- The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
If the dismissal is appealed, the District will:
- Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
- Implement appeal procedures equally for the parties;
- Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
- Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
- Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
- Notify the parties of the result of the appeal and the rationale for the result.
When a complaint is dismissed, the District will, at a minimum:
- Offer supportive measures to the complainant as appropriate;
- If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
- Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within the District’s education program or activity.
Investigation:
The District will provide for adequate, reliable, and impartial investigation of complaints.
The burden is on the District—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.
The District uses a single investigator/decision-maker.
The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.
The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.
The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:
- the District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence;
- the District will provide a reasonable opportunity to respond to the evidence; and
- the District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.
Questioning the Parties and Witnesses:
The District will require the decisionmaker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. The decisionmaker will question witnesses and parties directly to make this determination.
Determination Whether Sex Discrimination Occurred:
Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the District will:
Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.
The decisionmaker will:
- Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;
- Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
- If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:
- Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District’s education program or activity limited or denied by sex discrimination;
- Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
- Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District’s education program or activity.
- Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
- Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.
Following a determination that sex-based harassment occurred, the District may impose disciplinary sanctions, which may include revocation of privileges, detentions, suspensions or expulsions. the District may also provide remedies, which may include supportive measures, counseling, stay away orders, class switches or any additional measures that are appropriate.
After the grievance process, the District may as appropriate, modify or terminate supportive measures. If the District does so, it will provide the parties to timely seek from an appropriate and impartial employee, modification or reversal of the District’s decision to provide, deny, modify, or terminate supportive measures applicable to them. The impartial employee will be someone other than the employee who made the challenged decision and must have authority to modify or reverse the decision, if the impartial employee determines that the decision to provide, deny, modify, or terminate the supportive measure was inconsistent with the definition of supportive measures. The District will also provide a party with the opportunity to seek additional modification or termination of a supportive measure applicable to them if circumstances change materially.
Appeal
The District offers the following process for appeals from a determination whether sex discrimination occurred:
- The parties have the right to appeal the decision of the decisionmaker to the Superintendent in writing within ten (10) calendar days after the decision is formally made. The Superintendent of Schools will offer the other party an opportunity to respond in writing and then will send the parties a decision within thirty (30) calendar days.
Contact information for the Superintendent:
Alexandra Buckmire
(617)357-0900
Training
All employees will be trained annually and upon hire on:
- the District’s obligation to address sex discrimination in its education program or activity;
- The scope of conduct that constitutes sex discrimination, including the definition of sex-based harassment; and
- All applicable notice and information requirements.
All investigators, facilitators of informal resolution, decisionmakers and other persons responsible for supportive measures/Title IX process will have additional training on:
- The District’s grievance procedures;
- How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias;
- The meaning and application of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance; and
- rules and practices associated with the district’s informal resolution process and on how to serve impartially, including by avoiding conflicts of interest and bias.
In addition, the Title IX Coordinator and designees will receive training on their specific responsibilities, recordkeeping and any other training necessary to implement Title IX.
Records
A record will be maintained for a period of seven years of any actions, including supportive measures or informal resolution, taken in response to a report or complaint and district staff will document the basis for the district’s conclusion that its response was not deliberately indifferent.
External Grievance Procedure
Any student, parent or employee who chooses not to use the District’s internal grievance procedures or who is not satisfied with the District’s internal grievance procedures may file a complaint of discrimination or harassment with an appropriate state or federal agency.
For complaints related to discrimination/harassment of students:
The Office for Civil Rights, US Department of Education
5 Post Office Square, 8th Floor
Boston, MA 02109-3921
Telephone: 617-289-0111, FAX: 617-289-0150, TDD: 877-521-2172
OR
The Massachusetts Commission Against Discrimination
One Ashburton Place
Sixth Floor, Room 601
Boston, MA 02108
Phone 617-994-6000, TIY: 617-994-6196
For complaints related to discrimination/harassment of parents:
The Office for Civil Rights, US Department of Education
5 Post Office Square, 8th Floor
Boston, MA 02109-3921
Telephone: 617-289-0111, FAX: 617-289-0150, TDD: 877-521-2172
For complaints related to discrimination/harassment of employees:
The Office for Civil Rights, US Department of Education
5 Post Office Square, 8th Floor
Boston, MA 02109-3921
Telephone: 617-289-0111, FAX: 617-289-0150, TDD: 877-521-2172
OR
The Massachusetts Commission Against Discrimination
One Ashburton Place
Sixth Floor, Room 601
Boston, MA 02108
Phone 617-994-6000, TIY: 617-994-6196
OR
The Equal Employment Opportunities Commission
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Phone: 1-800-669-4000
Referral to Law Enforcement, Other Agencies
Some alleged conduct may constitute both a violation of District policies and criminal activity. The building Principal, coordinator, Superintendent, or designee will refer matters to law enforcement and other agencies as appropriate under the law or District policy, and inform the complainant/ alleged victim of the right to file a criminal complaint.
Retaliation
Complainants and those who participate in the complaint resolution process or who otherwise oppose in a reasonable manner an act or policy believed to constitute discrimination are protected from retaliation by law and District policy. The coordinator or designee will inform all involved individuals that retaliation is prohibited, and that anyone who feels that they have experienced retaliation for filing a complaint or participating in the resolution process should inform the coordinator. The coordinator will investigate reports of retaliation and, where retaliation is found, take separate remedial and disciplinary action.
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Title 6
DISCRIMINATION GRIEVANCE PROCEDURES
The Boston Renaissance Charter Public School does not discriminate on the basis of race, color, ethnicity, national origin, creed, sex, gender, gender identity, ethnicity, sexual orientation, mental, academic or physical disability, age, ancestry, athletic performance, proficiency in the English language or a foreign language, homelessness or prior academic achievement in its educational programs, activities or employment.
INTRODUCTION
The Boston Renaissance Charter Public School has designated a district administrator as coordinator for each federal and state statute regarding discrimination. Complaints under Title IX have their own special procedure; see the District’s separate Title IX procedures. Their responsibility is to act as an advisor to any/all parties at any stage of these procedures to ensure that proper steps are followed. The coordinator may also act as mediator when requested to do so by both parties.
The District does not exclude from participation, deny the benefits of or otherwise discriminate against, individuals on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, active military/veteran status, marital status, familial status, pregnancy, or pregnancy-related condition, homelessness, ancestry, ethnic background, national origin, or any other category protected by state or federal law (“protected categories”) in the administration of its educational and employment policies, or in its programs and activities.
It shall be a violation of this policy for any member of the school community to engage in any form of discrimination, including harassment and retaliation, or to violate any other civil right of any member of the school community. We recognize that discrimination can take a range of forms and can be targeted or unintentional; however, discrimination in any form, including harassment and retaliation, will not be tolerated.
It shall also be a violation of this policy for any school community member to subject any other member of the school community to any form of retaliation, including, but not limited to, coercion, intimidation, interference, punishment, discrimination, or harassment, for reporting or filing a complaint of discrimination, cooperating in an investigation, aiding or encouraging another member of the school community to report such conduct or file a complaint, or opposing any act or practice reasonably believed to be prohibited by this policy.
Any member of the school community who is found, after investigation, to have engaged in any form of discrimination, including harassment or retaliation, against any other member of the school community, will be subject to consequences determined appropriate by the administration. Such consequences may include restorative measures and corrective action, and/or student discipline or staff disciplinary action, up to and including student suspension and expulsion or employee termination.
Everyone in the school community is responsible for immediately reporting incidents of harassment, discrimination and/or retaliation, by anyone, in any form, that are directed at or witnessed by them at school or at a school sponsored event or of which they otherwise learn. Failure to cooperate with an investigation of such an incident will result in disciplinary action. Deceptive reporting may also be subject to a disciplinary response.
An individual may report incidents that they believe involve harassment or discrimination to their guidance counselor, any teacher, administrator or any member of the support staff, and the staff member will refer the complaint to the director or the coordinator. If a School Guidance or Adjustment Counselor, School Nurse, is contacted concerning a complaint or possible complaint, or any member of the teaching staff, he/she should refer the matter to their Director immediately. Staff who observe conduct which violates this policy are to report the conduct to their Director immediately.
If one of the coordinators is the person alleged to be engaged in discrimination/harassment, the complaint may be filed with one of alternate officials or any other school employee the student or employee chooses.
Coordinators
The Coordinators for the District are the following individuals:
Title II, Title VI, Title VII & Title IX: Sarah O’Connor
Section 504 : Ronnie Bevis
Definitions
“Discrimination” is defined as the adverse treatment of an individual or group of people based on any individual’s actual or perceived race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, active military/veteran status, marital status, familial status, pregnancy or pregnancy-related conditions, homelessness, ancestry, ethnic background, national origin, or any other category protected by state or federal law.
“Harassment” is defined as unwelcome conduct, whether verbal or physical, that is based on any individual´s actual or perceived race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, active military/veteran status, marital status, familial status, pregnancy or pregnancy-related conditions, homelessness, ancestry, ethnic background, national origin, or any other category protected by state or federal law. Discrimination and/or harassment includes, but is not limited to:
- Display or circulation of written materials or pictures that are degrading to a person or group described above.
- Verbal abuse or insults about, directed at, or made in the presence of, an individual or group described above.
- Any action or speech that contributes to, promotes or results in a hostile or discriminatory environment to an individual or group described above
- Any action or speech that is sufficiently severe, pervasive or persistent that it either (i) interferes with or limits the ability of an individual or group described above to participate in or benefit from employment or a program or activity of __PS; or (ii) creates an intimidating, threatening or abusive educational or working environment.
Harassment may include, but is not limited to, any unwelcome, inappropriate, or illegal physical, written, verbal, graphic, or electronic conduct, and that has the intent or effect of creating a hostile education or work environment by limiting the ability of an individual to participate in or benefit from the district’s programs and activities or by unreasonably interfering with that individual’s education or work environment or, if the conduct were to persist, would likely create a hostile educational or work environment. Examples of such conduct may include any of the following:
- Written, verbal, or physical (including texting, blogging, or other technological methods);
- 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 a target; and
- In the case of employee-to-student harassment, conduct that is designed to embarrass, distress, 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 of a student’s participation in school programs or activities, or submission to or rejection of such conduct by a student is used as a basis for decisions affecting students.
“Retaliation” is defined as taking an adverse action against a member of the school community for reporting or filing a complaint of discrimination, cooperating in an investigation, aiding or encouraging another member of the school community to report such conduct or file a complaint, or opposing any act or practice reasonably believed to be prohibited by this policy. Retaliation includes, but is not limited to, coercion, intimidation, interference, punishment, discrimination, and harassment.
- INFORMAL PROCEDURES
When you think you have a complaint you may follow these informal steps. If you feel that someone has discriminated against you because of your protected category, you can talk to a student advisor who can inform you of your rights and may go with you when you discuss your concerns. A student advisor is any teacher, counselor, or administrator employed by the District. The informal process will be a voluntary conversation between the alleged victim and the alleged perpetrator, which is facilitated by a school employee or by a designated coordinator. If, the alleged victim or alleged perpetrator is a student under the age of eighteen (18), the facilitator will notify the student’s parent(s)/guardian(s) if, after initial consultation with the student, it is determined to be in the best interest of the student. If the alleged victim and the alleged perpetrator feel that a resolution has been achieved, then the conversation remains confidential and no further action needs to be taken. The voluntary conversation must occur within five (5) workdays after receiving the complaint of discrimination or harassment. The results of an informal resolution shall be maintained by the facilitator, in writing.
If the alleged victim or the alleged perpetrator chooses not to utilize the Informal Procedure, or feels that the Informal Procedure is inadequate or has been unsuccessful, he or she may proceed to the Formal Procedure. The informal process is completely voluntary and individuals can opt-out at any time.
- FORMAL PROCEDURES
Write a clear statement of your complaint including all the facts as you see them. A written report though is not required. Oral reports will be considered complaints as well. The following information may be included:
- Your name and home address.
- A description of what happened including name and address of the person involved, time, date and as many other details as you can remember.
- Any other information you think is important to help people understand your concerns.
Give a copy of your written complaint to the person charged with the discrimination and the Superintendent/Director. During the investigation, an investigator/decision maker will be assigned who will:
- Ensure that the complainant and the alleged harasser have the right to representation if he/she desires or requests at all discussions regarding the case;
- Keep the investigation group as small as possible to protect the rights of both parties and to prevent the investigation from becoming overly publicized and to protect the complainant from retaliation;
- Complete the investigation as soon as possible from the date that it is reported, but no later than thirty (30) work days from the date of the complaint or report, unless impracticable. The investigation will include interviewing the complainant, the alleged harasser and such other person(s) named by the complainant or the alleged harasser who may have witnessed or have information pertaining to the incident. An opportunity will be provided for all parties to be heard and present witnesses.
- Throughout the investigation the District will maintain on-going contact with the alleged victim. In determining whether the alleged conduct constitutes a violation of this policy, the investigator/decision maker shall consider the age and level of understanding of the student(s) involved, surrounding circumstances, any relevant documents, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved, and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of the District’s policy prohibiting discrimination, harassment or violence based on the actual or perceived protected class status of a student, employee or third party, requires a determination based on all of the facts and surrounding circumstances. Given that victims often experience continuing effects of harassment in the educational setting, during the investigative process the District will consider the off-campus conduct to determine whether there is a hostile environment on campus.
After completing the investigation, conclude whether a violation of the policy has occurred or not; complete the written investigation report form and send copies of the report to the coordinator, the superintendent, the alleged victim and the alleged harasser. The report shall include:
- a statement of the allegations investigated;
- a summary of the steps taken to investigate the allegations;
- the findings of fact based on a preponderance of the evidence gathered;
- the District’s conclusion of whether discrimination, harassment or violence did or did not occur;
- the disposition of the complaint;
- the rationale for the disposition of the complaint; and
- if the District concluded discrimination, harassment or violence occurred, a description of the District’s response.
The investigator/decision maker shall determine whether the allegations have been substantiated as factual and whether they appear to be violations of this policy, using a preponderance of the evidence standard. A “preponderance of the evidence” means that it is more likely than not that the alleged conduct occurred.
If the complaint is supported, the report should recommend what action, if any, is required and will identify what steps the District is going to take to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate.
- Formal disciplinary actions may be imposed in the event that the preponderance of the evidence indicates an alleged violation. Any disciplinary action will be in accordance with due process rights under State law and any applicable collective bargaining agreement. The seriousness of the offense, including the nature and degree of harm caused, shall be considered when deciding the appropriate disciplinary action.
- If the person alleged to have violated this policy is a staff member, possible discipline includes, but is not limited to, letters of reprimand, reassignment, and other disciplinary actions, including suspension or job termination.
- If the person alleged to have violated this policy is a student, possible discipline includes reprimand, an education component, counseling, class transfer, detention or suspension, consistent with the Student Code of Conduct.
- Any discipline of students will focus on changing behavior and ensuring that students learn about the impact of their behaviors and attitudes. Possible remedial action includes:
- Interventions for the student targeted, such as counseling, academic support, health services, assigning an escort to allow the student to move safely between classes, and instruction on how to report other incidents of harassment or retaliation.
- Training or other interventions for the larger school community to ensure that students, staff and parents understand the types of behavior that constitute harassment, discrimination or violence, and how to report it.
- Interventions for the individual who engaged in the conduct, such as parent notification, counseling, guidance, education about the impact of the conduct, positive behavior support, referral to a student success team, transfer to alternative programs, denial of participation in extracurricular or co-curricular activities or other privileges, and discipline.
- If it is established that the conduct involves a violation of law, report the matter immediately to the appropriate law enforcement authorities.
The parties have the right to appeal the decision of the decisionmaker to the Superintendent in writing within ten (10) calendar days after the decision is formally made. The Superintendent of Schools will offer the other party an opportunity to respond in writing and then will send the parties a decision within thirty (30) calendar days.
Contact information for the Superintendent:
Alexandra Buckmire
(617)357-0900
The above time frames may be extended by mutual agreement.
Right to Alternative Complaint Procedures
In addition to the remedies set forth above, if you believe you have been subjected to harassment or discrimination, you may file a formal complaint with the government agency or agencies set forth below. Using the District complaint process does not prohibit you from filing a complaint with these agencies. Each of the agencies has a short time period for filing a claim.
If you believe you have been subjected to harassment or discrimination, you may file a formal complaint with:
Massachusetts Department of Elementary and Secondary Education
Program Quality Assurance Services
75 Pleasant Street, Malden, MA 02148-4906
Phone: (781) 338-3700
FAX: (781) 338-3710
Email: compliance@doe.mass.eduThe time period for filing a claim is one year from the action.
United States Department of Education
Office for Civil Rights(“OCR”)
5 Post Office Square
Boston, MA 02109
tel. (617) 289-0111
The time period for filing a claim with the United States Department of Education Office for Civil Rights is 180 days.
- Massachusetts Commission
Against Discrimination (“MCAD”)
Boston Office Springfield Office
One Ashburton Place, Rm. 601 436 Dwight Street, Rm. 220
Boston, MA 02108 Springfield, MA 01103
(617) 994-6000 (413) 739-2145
The time period for filing a claim with the MCAD is 300 days.