File AA

Monomoy Regional School District

School District Legal Status

The legal basis for public education in the Towns of Chatham and Harwich is vested in the will of the people as expressed in the Constitution of Massachusetts, state statutes pertaining to education, and the Regional Agreement between the towns.

The regional educational system of Chatham and Harwich is operated under laws pertaining to education and under regulations of the State Board of Elementary and Secondary Education.

Legal references:

Constitution of Massachusetts, Part II, Chapter V, Section II

General Laws of Massachusetts, 71.1 et seq. M.G.L. 71:14B

Cross references:

BB, School Committee Legal Status

Adopted: March 27, 2013

Revised:

• File AC: 

• Monomoy Regional School District
  Nondiscrimination Policy

1. Public schools have the responsibility to overcome, insofar as possible, any barriers that prevent children from achieving their potential. The District will do its part. This commitment to the community is affirmed by the following statements that the School Committee intends to:

1. Promote the rights and responsibilities of all individuals as set forth in the State and Federal Constitutions, pertinent legislation, and applicable judicial interpretations.

2. Encourage positive experiences in human values for children, youth and adults, all of whom have differing personal and family characteristics and who come from various socioeconomic, racial and ethnic groups. 

3. Work toward a more integrated society and to enlist the support of individuals as well as groups and agencies, both private and governmental, in such an effort. 

4. Use all appropriate communication and action techniques to air and reduce the grievances of individuals and groups. 

5. Carefully consider, in all the decisions made within the school system, the potential benefits or adverse consequences that those decisions might have on the human relations aspects of all segments of society. 

6. Initiate a process of reviewing policies and practices of the school system in order to achieve to the greatest extent possible the objectives of this statement.

2.  The Committee's policy of nondiscrimination will extend to students, staff, the general public, and               

     individuals with whom it does business. 

3. No person shall be excluded from or discriminated against in admission to a public school of any    

     town or in obtaining the advantages, privileges, and courses of study of such public school on  

     account of age, genetic information, ancestry, military status, race, color, sex, religion, national 

     Origin, housing status, sexual orientation, gender identity, or disability, traits historically associated  

     with race, including, but not limited to, hair texture, hair type, hair length, and protective hairstyles.   

     Protective hairstyles includes but is not limited to, braids, locks, twists, bantu knots, hair coverings, 

     and other formations. 

4. If someone has a complaint or feels that they have been discriminated against because of their age,  

   genetic information, ancestry, military status, race, color, sex, religion, national origin, housing status,    

   sexual orientation, or disability, traits historically associated with race, including, but not limited to,    

   hair texture, hair type, hair length, and protective hairstyles. Protective hairstyles includes but is not 

   limited to, braids, locks, twists, bantu knots, hair coverings, and other formations. Complaints 

   should be registered with the Title IX compliance officer.

• Legal references:
  Title VI, Civil Rights Act of 1964
  Title VII, Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972
  Executive Order 11246, as amended by E.O. 11375
  Equal Pay Act, as amended by the Education Amendments of 1972
  Title IX, Education Amendments of 1972
  Rehabilitation Act of 1973
  Education for All Handicapped Children Act of 1975
  M.G.L. 71B:1 et seq. (Chapter 766 of the Acts of 1972)
  M.G.L. 76:5; Amended 2011 M.G.L.76:16 (Chapter 622 of the Acts of 1971)
  603 CMR 26:00
  603 CMR 28.00
  Cross references:
  ACA- ACE, Subcategories for Nondiscrimination
  GBA, Equal Employment Opportunity/Affirmative Action Plan
  JB, Equal Educational Opportunities
  CROWN Act (Create a Respectful and Open World for Natural hair) July 26, 2022

• Adopted: March 27, 2013
  Revised: April 26, 2018

• Revised: December 22, 2022

File ACA

Monomoy Regional School District

Nondiscrimination on the Basis of Sex (Sexual Orientation and Gender Identity) 

1. The School Committee, in accordance with Title IX of the Education Amendments of 1972, declares that the school system does not and will not discriminate on the basis of sex, sexual orientation or gender identity in the educational programs and activities of the public schools. This policy will extend not only to students with regard to educational opportunities but also to employees with regard to employment opportunities. 

2. The School Committee will continue to ensure fair and equitable educational and employment opportunities, without regard to sex, sexual orientation or gender identity, to all of its students and employees. 

3. The Committee will designate an individual to act as the school district's Title IX compliance officer.

4. All students and employees will be notified of the name and office address and telephone number of the compliance officer.

Legal References:

Title IX of the Education Amendments of 1972

45 CFR, Part 86, (Federal Register, 6/4/75)

M.G.L. 76:5; 76:16 (Chapter 622 of the Acts of 1971)

Board of Education Chapter 622 Regulations Pertaining to Access to Equal Educational Opportunity, adopted 6/24/75, amended 10/24/78

Board of Education 603 CMR 26:00

Reference:

USDOE Notice of Interpretation - https://www.ed.gov/news/press-releases/us-department-education-confirms-title-ix-protects-students-discrimination-based-sexual-orientation-and-gender-identity

Cross References:

AC, Nondiscrimination Policy Including Harassment and Retaliation

Adopted: March 27, 2013

Revised: 5/25/23

File ACAB

Monomoy Regional School District

HARASSMENT POLICY AND GRIEVANCE PROCEDURE

The Monomoy Regional School District (“the District”) is committed to maintaining a school and work environment free of harassment of any kind. The District does not discriminate against students, parents/guardians/caregivers, employees or the general public. No person shall be excluded from or discriminated against in admission to the Monomoy Regional School District, or in obtaining the advantages, privileges and courses of study of the District on account of race, color, sex, gender identity, religion, national origin, or sexual orientation. (G.L.c. 76, §5). Additionally, the District does not tolerate harassment based upon race, color, sex, gender identity, religion, national origin, or sexual orientation. (603 CMR 26.08). 

This policy covers all types of harassment apart from sexual harassment, which is addressed in Policy ACAB-SH

The District expects all members of the school community, including but not limited to, administrators, teachers, staff members, students and vendors, to conduct themselves in an appropriate and professional manner and with concern for fellow members of the school community. Paramount is the maintenance of a safe and civil environment in which adults can work and students can learn and achieve high core academic standards. All persons are to be treated with dignity and respect.

Harassment in any form will not be tolerated. Harassment is any behavior which has the purpose or effect of unreasonably interfering with an individual's work or educational performance, or behavior that creates a hostile work or educational environment. It may be verbal, non-verbal, written, physical or psychological in nature. Such behaviors may include, but are not limited to:

1. Unsolicited remarks, including threats, intimidation, rumors and name-calling;
2. Unwelcome or intimidating gestures;
3. Display or circulation of written materials or pictures of a derogatory nature;
4. Unwelcome touching, cornering or other physical contact;
5. Deliberate social exclusion;
6. Cyber bullying, the use of electronic information and communication technologies to threaten, harass or intimidate a person or             group of persons (including, but not limited to, e-mail messages, instant messaging, text messaging, cell phone communication,         internet blogs, internet chat rooms, social networking websites).

Harassment may take place on school grounds, at school-sponsored activities, at an official school bus stop, or on school-provided transportation. Harassment may be overt or subtle, but regardless of what form it may take, i.e. verbal, non-verbal or physical, harassment can be insulting and demeaning to the recipient and will not be tolerated in the District. Determinations about whether or not behavior is considered harassment will be viewed from the perspective of a reasonable person. As such, what one person may consider acceptable behavior may reasonably be viewed as harassment by another person. Therefore, individuals should consider how their words and actions might reasonably be viewed by other individuals.

Definitions

Actual knowledge- Actual notice does not exist where no member of the school staff has witnessed the harassment, or been told about the harassment, apart from the respondent. This is true even where it can be argued that members of the school staff “should have known” about the harassment, but did not.

 Complainant means an individual who is alleged to be the victim of conduct that could constitute harassment. 

Deliberate indifference means a response to harassment that is clearly unreasonable in light of the known circumstances.

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Supportive measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed.

As indicated above, these procedures do not limit the District from removing a student from a program or activity on an emergency basis based on immediate threats to people’s physical health or safety or placing an employee on administrative leave during the pendency of the investigation.

Mandated Reporting

Under certain circumstances, harassment (particularly sexual harassment) may constitute child abuse under M.G.L. Chapter 119, Section 51A. The District shall comply with state law in reporting suspected cases of child abuse.

The Superintendent of Schools shall appoint a district Title IX/Section 504 of Rehabilitation Act Chapter 622 Coordinator to communicate the requirements of the law relative to harassment and the contents of this policy. The Superintendent or his/her designee shall establish a district grievance procedure for reporting and investigating allegations of harassment.

Grievance Procedure: Reporting Complaints of Discrimination and Harassment Except Sexual Harassment

If any student, parent/guardian/caregiver or employee believes, in good faith, that he or she has been subjected to harassment or discrimination described above, the individual has a right to file a complaint with the District. This may be done informally or formally, as described below.

Teachers or other staff members who observe or receive reports of incidents of harassment or discrimination involving students shall report (verbal or written) such incidents immediately to the student's Principal. Administrators aware of harassment or discrimination involving any employee shall report such incidents to the relevant coordinator, listed below, or to the Superintendent.

Please note that while these procedures relate to the District’s policy of promoting an educational setting free from discrimination and harassment, including sexual harassment, as detailed further in a separate policy, these procedures are not designed nor intended to limit the District’s authority to discipline or take remedial action for conduct which is deemed unacceptable.

Coordinator Contact Information

The Civil Rights Coordinator for Title VI (race, color, national origin); Section 504 (disability); Title II of the ADA (disability); Religion, Sexual Orientation, Gender Identity, and Age, is:

Director of Student Services  508-945-5130

Students, parents/guardians/caregivers, or employees who wish to initiate either the informal or the formal complaint process may direct a written or verbal complaint to the relevant coordinator or to the Principal for the school in which the alleged discrimination or harassment took place. Whether formal or informal in nature, written complaints are encouraged. Students may additionally 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 to the complaint to the Principal or the relevant coordinator. 

The complaint may be written by the complainant, or it will be reduced to writing by either the school employee who receives the complaint, the building Principal, the relevant coordinator, or a designee. Whether the complaint is reduced to writing by a student, parent/guardian/caregiver, or staff member, the written complaint should include the name of the complainant, the name of the alleged victim (if different), the name of the respondent, the location of the school/department where the alleged discriminatory action occurred, the basis for the complaint, witnesses (if any), and the corrective action the student is seeking. This information will be made on or transferred to a discrimination/ harassment complaint form maintained by the District. 

Efforts should be made to file such complaints within twenty (20) calendar days after the alleged discriminatory action occurred in order for an expeditious investigation to be conducted, unless extenuating circumstances exist. However, the District will investigate any complaint no matter when it is filed, except that the District has discretion to dismiss a complaint where the passage of time would result in the district’s inability to gather evidence sufficient to reach a determination regarding responsibility.

Within two business days of receiving a complaint, the District will determine whether the complainant wishes to utilize formal or informal procedures, which the complainant can also expressly select as described below in section (1) regarding informal procedures and section (2) regarding formal procedures, and, if the complainant chooses formal procedures, begin to investigate every complaint of harassment, discrimination, or violence. 

Any teacher or other employee who receives a complaint of discrimination or harassment shall immediately forward the complaint to the building Principal. The Principal will then determine whether the complainant wishes to pursue formal or informal procedures, and will forward all formal complaints to the relevant coordinator listed above, who will begin the formal procedure described below. If the complainant wishes to pursue informal procedures, the Principal and/ or the Principal’s designee will first attempt to resolve the complaint at the building level. 

The relevant coordinator or designee shall handle the investigation and resolution of a formal complaint. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor's authority, and any complaint about the relevant coordinator will be investigated by the Superintendent or his designee. Any complaint about the Superintendent should be submitted to the chairperson of the school committee, who should consult with legal counsel concerning the handling and investigation of the complaint.

Internal Grievance Procedure

1. Informal Resolution of Discrimination and Harassment Complaints

Before initiating the formal procedure, a complainant may wish to resolve the complaint on an informal basis through discussion between the complainant and the respondent, which will be facilitated by the building Principal or designee. The complainant may request informal procedures or be given the option of electing between pursuing informal or formal procedures at the time that their complaint is received by the relevant coordinator or building Principal. Informal procedures are entirely voluntary. Complainants may elect to pursue formal procedures at any step in the process of making their complaint, even if informal procedures have already begun. Similarly, respondents may elect to follow formal procedures. 

If the complainant and the respondent feel that a resolution has been achieved, then the conversation remains confidential and no further action needs to be taken. This voluntary conversation must occur within five (5) workdays after receiving the complaint of discrimination or harassment, unless both parties agree otherwise. The results of an informal resolution shall be maintained by the facilitator, in writing. 

If the complainant is not satisfied with the resolution from the informal process, or if he/she does not choose informal resolution, then he/she can begin the formal complaint procedure described below. 

2. Formal Resolution of Discrimination and Harassment Complaints

A student, parent/guardian/caregiver or employee who is not satisfied with the informal resolution process or who chooses not to participate in the informal resolution process may initiate the formal complaint procedure at any time. 

Step One

Within forty-eight (48) hours of receiving the complaint or of the termination of an unsuccessful informal resolution process (whichever is later), the relevant coordinator or designee will meet with the complainant and/or alleged victim (if they are different) by telephone or in person.  The relevant coordinator or designee will complete a discrimination/harassment complaint form based on the written or verbal allegations of the complainant within forty-eight (48) hours of meeting with the complainant.  The complaint form will be maintained by the relevant coordinator or designee.

Step Two

A prompt investigation shall be completed by the relevant coordinator or designee within thirty (30) school days from the date that the District received a complaint or report, unless impracticable (e.g., the complaint is received during the summer time and witnesses are unavailable).  The relevant coordinator or designee will provide written notice of the investigation to the alleged perpetrator before conducting an interview of the alleged perpetrator, including whether or not the relevant coordinator or designee anticipates that there may be discipline.   

The investigation may, as appropriate, consist of personal interviews with the alleged victim/ complainant, the complainant (if different than the alleged victim), the individual(s) against whom the complaint is filed (“alleged perpetrator[s]”), and any other individuals who may have knowledge of the alleged incidents(s) or circumstances giving rise to the complaint.  The investigation may also consist of any other methods and documents deemed pertinent by the relevant coordinator or designee.   

The complainant and the respondent(s) have the opportunity to present witnesses and information that they deem relevant to the relevant coordinator or designee.  Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegations. However, regardless of the complainant’s participation in the investigation, the District will investigate the complaint to the extent possible and will take appropriate action based on the results of its investigation. 

Step Three

The coordinator or designee shall document his or her findings.  The coordinator or designee shall send the written report of the findings to the Superintendent, complainant, and respondent(s) within thirty (30) school days after the investigation has been completed, unless the complainant and respondent agree in writing to extend the timeline.  

The report shall include:

a) a statement of the allegations investigated;

b) a summary of the steps taken to investigate the allegations;

c) the findings of fact based on a preponderance of the evidence gathered;

d) the District’s conclusion, based upon a preponderance of the evidence, of whether discrimination, harassment, or violence did or did not occur;

e) the disposition of the complaint;

f) the rationale for the disposition of the complaint; and

g) if the District concluded discrimination, harassment, different treatment, or violence occurred, a description of the District’s response. However, all discipline of the respondent will be kept confidential from the complainant unless it directly relates to the complainant (e.g., complainants will be notified of stay-away orders but not suspensions).

The coordinator or designee 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.  The coordinator or designee shall further recommend what action, if any, is required. If it is determined that harassment, discrimination or different treatment occurred, the District will take steps to prevent the recurrence of the harassment, discrimination or different treatment and correct its discriminatory effect on the complainant and others if appropriate.    

Formal disciplinary actions may be imposed in the event that the preponderance of the evidence indicates a violation of this policy, up to and including expulsion.  Any disciplinary action will be in accordance with due process rights under State law and any applicable collective bargaining agreement. 

Step Four

The coordinator and/or Superintendent shall maintain the written report of the investigation, findings and disposition.

The District will contact the complainant within fourteen (14) school days following the conclusion of the investigation to assess whether there has been on-going harassment or retaliation and to determine whether additional supportive measures are needed.

3. Supportive Measures

The District shall take immediate steps to protect the complainant, respondent, witnesses, and the larger school community pending the completion of an investigation or the informal process and address any ongoing harassment or discrimination.  The District will take supportive measures to prevent retaliation against the complainant, respondent, witnesses, and the larger school community.  

4. Appeals

Any party may appeal the decision of the Investigator in writing to the Superintendent within fifteen (15) school days of receipt of the findings of the formal procedure.  The Superintendent, as an impartial decision-maker, will review the comprehensiveness and accuracy of the investigation and the conclusions, and issue written findings to both the complainant and respondent within thirty (30) school days of the appeal.  

External Grievance Procedure

Any student, parent/guardian/caregiver 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.

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. 

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 parent/guardian/caregivers:

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 of the right to file a criminal complaint. 

Legal References: Title VII of the Civil Rights Act of 1964

Title IX of the Education Amendment of 1972

Section 504 of the Rehabilitation Act; Title II of the ADA

M.G.L. c. 151B and c. 151C

M.G.L. c. 76, section 5

M.G.L. c. 119, section 51A

M.G.L. c. 7lB, section 1 Revised: 101712009

Adopted: March 27, 2013

Revised: June 25, 2020

File ACAB-SH

Monomoy Regional School District

SEXUAL HARASSMENT/ TITLE IX POLICY

Definitions

In the employment context, 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.

In the educational context, sexual harassment means conduct on the basis of sex that satisfies one or more of the following: 

* An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct (“quid pro quo harassment”); 
* Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity (“hostile environment harassment”); or
* “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30)

The District will promptly investigate all allegations of sexual harassment of which it has actual knowledge and which are alleged to occur in the school’s programs and activities, including locations, events, and/ or circumstances in which the school district exercises substantial control, in a way that is not deliberately indifferent. 

The following additional definitions apply:

Actual knowledge- Actual notice does not exist where no member of the school staff has witnessed the harassment, or been told about the harassment, apart from the respondent. This is true even where it can be argued that members of the school staff “should have known” about the harassment, but did not.

Administrative leave means placing an employee on leave pursuant to state law. Nothing in the Title IX regulations precludes a recipient from placing a non-student employee respondent on administrative leave during the pendency of a grievance process, provided that Massachusetts laws are followed.

Consent means cooperation in act or attitude pursuant to an exercise of free will of a conscious person with informed knowledge of the nature of the act or actions. A current or previous relationship shall not be sufficient to constitute consent. Consent will not be found when submission to the act or actions is undertaken due the influence of fear, fraud, forcible compulsion, threats, and/ or the complainant possessed any legal incapacity to consent at the time of the act or actions. Consent is a defense to all types of sexual harassment.

“Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Deliberate indifference means a response to sexual harassment that is clearly unreasonable in light of the known circumstances.

Emergency removal means the suspension or expulsion of a student on an emergency basis, consistent with state law. Nothing in the Title IX regulations precludes a district from removing a respondent from the district’s education program or activity on an emergency basis, provided that the district follows all procedures under Massachusetts law, undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.

Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment and requesting that the district investigate the allegation of sexual harassment.

Title IX Coordinator: Director of Student Services   508-945-5130

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Supportive measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment. 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 recipient to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures

Complaints and Reports of Sexual Harassment

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 two 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 formal complaint; 
* Determine whether the complainant wishes to file a formal complaint; and
* Explain to the complainant the purpose of filing a formal complaint.

If the complainant declines to file a formal complaint, the Title IX Coordinator must consider whether to sign a formal complaint and start an investigation despite the complainant’s preferences. This decision may be appropriate when safety or similar concerns lead the district to conclude that a non-deliberately indifferent response to actual knowledge of Title IX sexual harassment could reasonably require the school district to investigate and potentially sanction a respondent. A Title IX Coordinator’s decision to override the complainant’s decision not to file a formal complaint must be documented in writing along with an explanation of why this decision was necessary in order to avoid deliberate indifference. 

Formal complaints may also be filed directly with the Title IX Coordinator by a complainant in person, by mail, by email, or by telephone at any time, including during non-business hours. 

The contact information for the Title IX Coordinator is: Director of Student Services 508-945-5130

The complaint may be written by the complainant, or it will be reduced to writing by either the school employee who receives the complaint, the building Principal, or the Title IX Coordinator. Whether the complaint is reduced to writing by a student, parent/guardian/caregiver, or staff member, the written complaint should include the name of the complainant, the name of the alleged victim (if different), the name of the respondent, the location of the school/department where the alleged discriminatory action occurred, the basis for the complaint, witnesses (if any), and the corrective action the complainant is seeking. This information will be made on or transferred to a discrimination/ harassment complaint form maintained by the District. 

There is no time limit or statute of limitation on timing to file a formal complaint. However, at the time of filing a formal complaint, an alleged victim must be participating or attempting to participate in a program or activity of the school district.  Additionally, the district has discretion to dismiss a formal complaint where the passage of time would result in the district’s inability to gather evidence sufficient to reach a determination regarding responsibility, or when the district loses responsibility for the respondent (e.g., the respondent no longer attends or is employed by the district).

Investigations to allegations of sexual harassment will be prompt and the formal process will be completed within a sixty day timeframe where feasible.

Immediate Procedures

Within two school days of receiving a formal complaint of sexual harassment, the Title IX Coordinator must contact the complainant and respondent regarding supportive measures and offer them equally to both parties during the pendency of the grievance procedures. 

Written Notice

Before any investigation can begin, the district must send written notice to both parties including sufficient details. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known. The written notice must include a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process. The written notice must inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence. The written notice must inform the parties that the District’s code of conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process. 

If additional allegations are added during the course of the investigation, additional written notice must be provided. 

Informal Resolution 

Where appropriate, after notice has been issued, the Title IX Coordinator should also consider offering the parties an option for informal resolution (e.g., mediation). Informal resolution may only be offered after a formal complaint is filed, and the parties must give written consent to engage in this process. Informal resolution may not be used if the allegation is against an employee respondent. Facilitators of informal resolution will be designated by the Title IX Coordinator and must not be biased against any of the parties.  

Informal resolution is entirely voluntary. Complainants may elect to pursue formal procedures at any step in the process of making their complaint, even if informal resolution has already begun. Similarly, respondents may elect to follow formal procedures and decline informal resolution. 

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 five (5) school days after receiving the complaint of discrimination or harassment, unless both parties agree otherwise. The results of an informal resolution shall be maintained by the facilitator, in writing. 

If the complainant is not satisfied with the resolution from the informal process, or if he/she does not choose informal resolution, then he/she can begin the formal complaint procedure described below. 

Investigation

If informal resolution is not offered to or accepted by the parties, the Title IX Coordinator will designate an investigator and a decision maker, who may not be the same person. The Title IX Coordinator is free to cast himself/ herself in either role, where appropriate. 

The investigator must not be biased against any of the parties at the outset of the investigation. The investigator will be responsible for interviewing parties and witnesses, finding facts, and making determinations related to credibility, all of which will go into a written report. The investigator must avoid all questions that are protected by legal privilege, unless the privilege has been waived, and should avoid asking about the complainant’s sexual history unless it is directly relevant to prove consent to the conduct at issue or to prove that the conduct was committed by someone other than the respondent.

The investigator must avoid making any final determinations of responsibility for sexual harassment. 

Findings should be written in a factual way in an investigative report. Credibility determinations may not be based on an individual’s status as complainant, witness, or respondent.

During the investigative process and any further hearings, complainants and respondents have a right to have advisors of their choice participate in all aspects of the proceedings. The district will provide both parties with written notice of investigative interviews, meetings, and hearings, with sufficient time to prepare.

Findings of Responsibility

After the investigator has completed the investigation, the designated decision-maker will be assigned to determine final responsibility or lack thereof for violating Title IX. The decision-maker must not be biased against any of the parties at the outset of this process. 

Before the district can determine responsibility, an investigative report and all tangible evidence relied upon will be sent to the parties and the decision-maker will offer both the complainant and respondent the opportunity to submit proposed relevant, written questions to ask of any party or witness, to respond to questions posed by another party, and to offer additional limited follow-up. 

After this process is complete, the decision-maker will create a written determination regarding whether sexual harassment has occurred 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.  The decision-maker shall further recommend what action, if any, is required. If it is determined that sexual harassment occurred, the District will take steps to prevent the recurrence of the harassment and correct its discriminatory effect on the complainant and others if appropriate.    

The written determination must be issued to both parties simultaneously and must include:

(A) Identification of the allegations potentially constituting sexual harassment; 

(B) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; 

(C) Findings of fact supporting the determination; 

(D) Conclusions regarding the application of the recipient’s code of conduct to the facts; 

(E) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the recipient imposes on the respondent, and whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the complainant; and 

(F) The district’s procedures and permissible bases for the complainant and respondent to appeal (a copy of, or direct reference to, this policy will suffice).

Formal disciplinary actions may be imposed in the event that the preponderance of the evidence indicates a violation of this policy, up to and including expulsion or termination.  Any disciplinary action will be in accordance with due process rights under State law and any applicable collective bargaining agreement. 

As indicated above, these procedures do not limit the District from removing a student or employee from a program or activity on an emergency basis based on immediate threats to people’s physical health or safety or placing an employee on administrative leave during the pendency of the investigation.

Records

A record will be maintained for a period of seven years of any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment and district staff will document the basis for the district’s conclusion that its response was not deliberately indifferent.

Training

The district will ensure that Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, receive training on the definition of sexual harassment, the scope of the recipient’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. 

The district will ensure that decision-makers receive training on any technology to be used in interviews and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, as set forth in paragraph (b)(6) of this section. 

The district also must ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence, as set forth in paragraph (b)(5)(vii) of this section. 

Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

Appeals

Any party may appeal the decision in writing to the Superintendent within fifteen (15) school days of receipt of the findings of the formal procedure.  The Superintendent or designee, as a further impartial decision-maker, will review the comprehensiveness and accuracy of the investigation and the conclusions, and issue written findings to both the complainant and respondent within thirty (30) school days of the appeal.  

External Grievance Procedure

Any student, parent/guardian/caregiver 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. 

Adopted: June 25, 2020

Revised:

File ACE

Monomoy Regional School District

Nondiscrimination on the basis of disability

Title II of the Americans With Disabilities Act of 1992 requires that no qualified individual with a disability shall, because the District's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, and activities of the District or be subject to discrimination. Nor shall the District exclude or otherwise deny services, programs, or activities to an individual because of the known disability of a person with whom the individual is known to have a relationship or association.

Definition: A "qualified individual with a disability" is an individual with a disability who, with or without reasonable modification to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the District.

Reasonable Modification: The District shall make reasonable modification in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the District can demonstrate that making the modifications would  fundamentally alter the nature of the service, program, or activity.

Communications: The District shall take the appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. To this end, the District shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy benefits of, a service, program, or activity conducted by the District. In determining what type of auxiliary aid or service is necessary, the District shall give primary consideration to the requests of the individuals with disabilities.

Auxiliary Aids and Services: "Auxiliary aids and services" includes (1) qualified interpreters, note takers, transcription services, written materials, assisted listening systems, and other effective methods for making aurally delivered materials available to individuals with hearing impairments; (2) qualified readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods for making visually delivered materials available to individuals with visual impairments; (3) acquisition or modification of equipment or devices and (4) other similar services and actions.

Limits of Required Modification: The District is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. Any decision that, in compliance with its  responsibility to provide effective communication for individuals with disabilities, would fundamentally alter the service, program, or activity or unduly burden the District shall be made by the School Committee after considering all resources available for use in funding and operating the program, service, or activity. A written statement of the reasons for reaching that conclusion shall accompany the decision.

Notice: The District shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Title II of the American with Disabilities Act (ADA) and its applicability to the services, programs, or activities of the District. The information shall be made available in such a manner as the School Committee and Superintendent find necessary to apprise such persons of the protections against discrimination assured them by the ADA.

Compliance Coordinator: The District shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title II of ADA, including any investigation of any complaint communicated to it alleging its noncompliance or alleging any actions that would be prohibited under ADA. The District shall make available to all interested individuals the name, office address, and telephone number of the employee(s) so designated and shall adopt and publish procedures for the prompt and equitable resolution of complaints alleging any action that would be prohibited under the ADA. The school system receives federal financial assistance and must comply with the above requirements. Additionally, the School Committee is of the general view that:

1. Discrimination against a qualified handicapped person solely on the basis of handicap is unfair; and
2. To the extent possible, qualified handicapped persons should be in the mainstream of life in the school community. Accordingly, employees of the school system will comply with the above requirements of the law and policy statements of this Committee to ensure nondiscrimination on the basis of handicap.

Legal references:

Rehabilitation Act of 1973, Section 504
Education for All Handicapped Children Act of 1975
M.G.L. 71B:1 et seq. (Chapter 766 of the Acts of 1972)
Title II, Americans with Disabilities Act of 1992
Board of Education Chapter 766 Regulations, adopted 10/74, as amended through 3/28/78

Cross references:

IGB, Support Services Programs
IGBA, Programs for Handicapped Students

Adopted: March 27, 2013

Revised:

File AD

Monomoy Regional School District

Mission Statement

The Monomoy Regional School District is a community of learners of all ages focused on building knowledge, positive character, and resiliency in a safe, supportive, creative, and challenging environment. 

Cross references:

ADA, School District Goals and Objectives

IA, Instructional Goals

Adopted: March 27, 2013

Revised:

File ADC

Monomoy Regional School District

Tobacco Use on School Premises

Use of any tobacco or nicotine products, including, but not limited to: cigarettes, E-cigarettes, clove cigarettes, cigars, little cigars, pipe tobacco, chewing tobacco (any type of tobacco product that is ingested but not burned) or similar products that rely on vaporization or aerosolization, and tobacco paraphernalia (i.e. packs of cigarettes, pipes, rolling papers, lighters, matches) within the school buildings, school facilities, school events (on and off school grounds), or on school grounds (including in cars on school property) or school buses by any individual, including school personnel, parents, visitors, and students, is prohibited at all times.

The advertising of tobacco in school buildings, at school functions, and in school publications is prohibited.

A staff member determined to be in violation of this policy shall be subject to disciplinary action.

A student determined to be in violation of this policy shall be subject to disciplinary action pursuant to the student discipline code.

This policy shall be promulgated to all staff and students in appropriate handbook(s) and publications.

Signs shall be posted in all school buildings informing the general public of the District policy and requirements of state law.

Legal references:

M.G.L. 71:37H

Adopted: March 27, 2013
Revised: April 26, 2018

File ADDA

Monomoy Regional School District

Fingerprint-based criminal history record information (CHRI) checks made for non-criminal justice purposes; CORI requirements

I. Requesting CHRI Checks

Fingerprint-based CHRI checks will only be conducted as authorized by M.G.L. c.71, §38R, and 42 U.S.C. § 16962, in accordance with all applicable state and federal rules and regulations, and in compliance with M.G.L. c. 6, §§167-178 and 803 CMR §§ 2.00, et seq. If an applicant or employee is required to submit to a fingerprint-based state and national criminal history record check, he/she shall be informed of this requirement and instructed on how to comply with the law. Such instruction will include information on the procedure for submitting fingerprints. In addition, the applicant or employee will be provided with all information needed to successfully register for a fingerprinting appointment. All new Monomoy staff and bus drivers must have fingerprint-based background checks prior to employment. All current Monomoy staff, substitutes, coaches, club/activity advisors, and home-based tutors must have fingerprint-based background checks prior to September 1, 2016, or sooner as dictated by the DESE. Monomoy Regional Schools will consider the following factors in determining whether to conduct discretionary fingerprint-based background checks for volunteers or subcontractors/laborers who might have direct unmonitored contact with children. Factors might include the likelihood of direct and unmonitored contact, duration of potential contact, and the school’s ability to limit potential contact. All volunteers who are likely to have unmonitored contact with students and all chaperones on overnight field trips will need fingerprint-based background checks.

II. Access to CHRI

All CHRI are subject to strict state and federal rules and regulations in addition to Massachusetts CORI laws and regulations. CHRI cannot be shared with any unauthorized entity for any purpose, including subsequent hiring determinations. All receiving entities are subject to audit by the Massachusetts Department of Criminal Justice Information Services (DCJIS) and the FBI, and failure to comply with such rules and regulations could lead to sanctions. Title 28, U.S.C. 534, Pub. L. 92-544 and Title 28 C.F.R. 20.33(b) provide that the exchange of records and information is subject to cancellation if dissemination is made outside the receiving entity or related entitles. Furthermore, an entity can be
charged criminally for the unauthorized disclosure of CHRI.

III. Storage of CHRI

CHRI shall only be stored for extended periods of time when needed for the integrity and/or utility of an individual’s personnel file. Administrative, technical and physical safeguards, which are in compliance with the most recent CJIS Security Policy, have been implemented to ensure the security and confidentiality of CHRI. The CJIS Security Policy can be found here: http://www.mass.gov/eopss/lawenforce-and cj/cjis/fbi-cjis-security-policy.html. Each individual involved in the handling of CHRI is to familiarize himself/herself with these safeguards.
In addition to the above, each individual involved in the handling of CHRI will strictly adhere to the policy on the storage, retention, and destruction of CHRI.

IV. Retention and Destruction of CHRI

Federal law prohibits the repurposing or dissemination of CHRI beyond its initial requested purpose. Once an individual’s CHRI is received, it will be securely retained in internal agency documents for the following purposes only:

• Historical reference and/or comparison with future CHRI requests,
• Dispute of the accuracy of the record,
• Evidence for any subsequent proceedings based on information contained in the CHRI.

CHRI will be kept for the above purposes in the Central Office of the School Department. When no longer needed, CHRI and any summary of CHRI data must be destroyed by shredding paper copies and/or by deleting all electronic copies from the electronic storage location, including any backup copies or files. The shredding of paper copies of CHRI by an outside vendor must be supervised by an employee of the Monomoy Regional School District.

V. CHRI Training

An informed review of a criminal record requires training. Accordingly, all personnel authorized to receive and/or review CHRI at the Monomoy Regional School District will review and become familiar with the educational and relevant training materials regarding SAFIS and CHRI laws and regulations made available by the appropriate agencies, including the CDJIS.

VI. Determining Suitability

In determining an individual’s suitability, the following factors will be considered, but not necessarily be limited to: the nature and gravity of the crime and the underlying conduct, the time that has passed since the offense, conviction and/or completion of the sentence, nature of the position held or sought, age of the individual at the time of the offense, number of offenses, any relevant evidence of rehabilitation or
lack thereof. 

A record of the suitability determination will be retained. The following information will be included in the determination:

1. The name and date of birth of the employee or applicant;
2. The date on which the school employer received the national criminal history check results; and,
3. The suitability determination (either “suitable” or “unsuitable”).

A copy of any individual’s suitability determination of documentation must be provided to another school employer, or to the individual, upon request of the individual for whom the school employer conducted a suitability determination.

VII. Relying on Previous Suitability Determination.

The Monomoy Regional School District will typically require a new suitability determination when a new hire has previously had the one-time CHRI background check performed by another school employer. However, consistent with 603 CMR 51.06, where the employer will rely on a suitability determination made by another school employer, Monomoy Regional School District may waive the new suitability determination considering the following relevant factors: date of previous suitability determination, type of organization that conducted the previous determination (public school district, private school), state of residence of subject of suitability determination and/or the position sought.

VIII. Adverse Decisions Based on CHRI

If inclined to make an adverse decision based on an individual’s CHRI, Monomoy Regional School District will take the following steps prior to making a final adverse determination:

• Provide the individual with a copy of his/her CHRI used in making the adverse decision;
• Provide the individual with a copy of this CHRI policy;
• Provide the individual the opportunity to complete or challenge the accuracy of his/her CHRI; and
• Provide the individual with information on the process for updating, changing, or correcting CHRI.

A final adverse decision based on an individual’s CHRI will not be made until the individual has been afforded a reasonable time depending on the particular circumstances to correct or complete the CHRI, as long as it does not adversely impact the operation of the school district.

IX. Secondary Dissemination of CHRI

If an individual’s CHRI is released to another authorized entity, a record of that dissemination must be made in the secondary dissemination log. The secondary dissemination log is subject to audit by the DCJIS and the FBI. 

The following information will be recorded in the log:

1. Subject name;
2. Subject date of birth;
3. Date and time of the dissemination
4. Name of the individual to whom the information was provided;
5. Name of the agency for which the requestor works
6. Contact information for the requestor; and
7. The specific reason for the request.

X. Reporting to Commission of Elementary and Secondary Education

Pursuant to M.G.L. ch 71, §71R and 603 CMR 51.07, if Monomoy Regional School District dismisses, declines to renew the employment of, obtains the resignation of, or declines to hire a licensed educator or an applicant for a Massachusetts educator license because of information discovered through a state or national criminal record check, Monomoy Regional School District shall report such decision or action to the Commissioner of Elementary and Secondary Education in writing within 30 days of the employer action or educator resignation. The report shall be in a form requested by the Department and shall include the reason for the action or resignation, as well as a copy of the criminal record check results. Monomoy Regional School District shall notify the employee or applicant that it has made a report pursuant to 603 CMR 51.07(1) to the Commissioner.

Monomoy Regional School DistrictPursuant to M.G.L. ch. 71, §71R and 603 CMR 51.07, if Monomoy Regional School District discovers information from a state or national criminal record check about a licensed educator or an applicant for a Massachusetts educator license that implicates grounds for licensed action pursuant to 603 CMR 7.15(8)(a), Monomoy Regional School District shall report to the Commissioner in writing within 30 days of the discovery, regardless of whether Monomoy Regional School District retains or hires the educator as an employee. The report must include a copy of the criminal record check results. The school employer shall notify the employee or applicant that it has made a report pursuant to 603 CMR 51.07(2) to the Commissioner and shall also send a copy of the criminal record check results to the employee or applicant. 

XI. CORI Requirements

It shall be the policy of the Monomoy Regional School District to obtain all available Criminal Offender Record Information (C.O.R.I.) from the Criminal History Systems Board of prospective employee(s) or volunteer(s) of the school department including any individual who regularly provides school related transportation to children, who may have direct and unmonitored contact with children, prior to hiring the employee(s) or to accepting any person as a volunteer. State law requires that school districts obtain C.O.R.I. data for employees of taxicab companies that have contracted with the schools to provide transportation to pupils.

The Superintendent, Principal, or their certified designees shall periodically, but not less than every three years, obtain all available Criminal Offender Record Information from the Criminal History Systems Board on all employees, individuals who regularly provide school related transportation to children, including taxicab employees, and volunteers who may have direct and unmonitored contact with children, during their term of employment or volunteer service. 

The Superintendent, Principal or their certified designees may also have access to Criminal Offender Record Information for any subcontractor or laborer who performs work on school grounds, and who may have direct and unmonitored contact with children, and shall notify them of this requirement and comply with the appropriate provisions of this policy.

Pursuant to a Department of Education C.O.R.I. Law Advisory dated February 17, 2003, "Direct and unmonitored contact with children means contact with a child when no other C.O.R.I. cleared employee of the school district is present. A person having only the potential for incidental unsupervised contact with children in commonly used areas of the school grounds, such as hallways, shall not be considered to have the potential for direct and unmonitored contact with children. These excluded areas do not include bathrooms and other isolated areas (not commonly utilized and separated by sight or sound from other staff) that are accessible to students."

In accordance with state law, all current and prospective employees, volunteers, and persons regularly providing school related transportation to children of the school district shall sign a request form authorizing receipt by the district of all available C.O.R.I. data from the Criminal History Systems Board. In the event that a current employee has questions concerning the signing of the request form, he/she may meet with the Principal or Superintendent; however, failure to sign the C.O.R.I request form may result in a referral to local counsel for appropriate action. Completed request forms must be kept in secure files. The School Committee, Superintendent, Principals or their designees certified to obtain
information under this policy, shall prohibit the dissemination of school information for any purpose other than to further the protection of school children.

Monomoy Regional School DistrictC.O.R.I is not subject to the public records law and must be kept in a secure location, separate from
personnel files and may be retained for not more than three years. C.O.R.I may be shared with the individual to whom it pertains, upon his or her request, and in the event of an inaccurate report the individual should contact the Criminal History Systems Board.

Access to C.O.R.I material must be restricted to those individuals certified to receive such information. 

In the case of prospective employees or volunteers, C.O.R.I material should be obtained only where the Superintendent has determined that the applicant is qualified and may forthwith be recommended for employment or volunteer duties.

The hiring authority, subject to applicable law, reserves the exclusive right concerning any employment decision made pursuant to Chapter 385 of the Acts of 2002. The employer may consider the following factors when reviewing C.O.R.I: the type and nature of the offense; the date of the offense and whether the individual has been subsequently arrested, as well as any other factors the employer deems relevant.

Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on C.O.R.I. checks will be made consistent with this policy and any applicable law or regulations. 

If a criminal record is received from the Department of Criminal Justice Information Services (DCJIS) the Superintendent will closely compare the record provided by DCJIS with the information on the C.O.R.I. request form and any other identifying information provided by the applicant, to ensure the record relates to the applicant.

If the district is inclined to make an adverse decision based on the results of the C.O.R.I. check, the applicant will be notified immediately. The applicant shall be provided with a copy of the criminal record and the district's C.O.R.I. policy, advised of the part(s) of the record that make the individual unsuitable for the position or license, and given an opportunity to dispute the accuracy and relevance of the C.O.R.I. record.

The Superintendent shall notify the candidate that as a condition of employment or volunteer service the school district is required by law to obtain Criminal Offender Record Information for any employee, individual who regularly provides school-related .transportation, or volunteer who may have direct and unmonitored contact with children. Current employees, persons regularly providing school-related transportation, and volunteers shall also be informed in writing by the Superintendent prior to the periodic obtaining of their Criminal Offender Record Information.

An applicant for employment with a sealed record on file with the commissioner of probation may answer "no record" to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer "no record" with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of service which did not result in a complaint transferred to the superior court for criminal prosecution."

Records sealed pursuant to law shall not operate to disqualify a person in any examination, appointment or application for public service on behalf of the Commonwealth or any political subdivision thereof.

The Superintendent shall review contracts with special education schools and other providers to make sure that the provider has met all the legal requirements of the state where it is located relative to Monomoy Regional School Districtcriminal background checks for employees and others having direct and unmonitored contact with children.

As soon as possible after the district obtains the certification from the criminal history systems board to receive C.O.R.I data, the Superintendent shall obtain data for any person then providing volunteer service, as a condition of continued service.

Legal references:

M.G.L.71:38R,15lB,276, s100A, S1.2002, c385

MCAD Regulations and D.O.E. Advisory on C.O.R.I Law (February 17,2003)

Policy ADDA Adopted by the Monomoy Regional School Committee October 8, 2014

Adopted: March 27, 2013

Revised:

File ADF

MONOMOY REGIONAL SCHOOL DISTRICT

WELLNESS POLICIES ON PHYSICAL ACTIVITY AND NUTRITION

I. Introduction

The School Committee recognizes the relationship between student well being and student achievement as well as the importance of a  comprehensive district wellness program. Therefore, the school district will provide developmentally appropriate and sequential nutrition and physical education as well as opportunities for physical activity. The wellness program will be implemented in a multidisciplinary fashion and will be evidence-based.

II. District Wellness Committee (DWC)

The school district will establish a wellness committee by seeking volunteers that represent all school levels and each school building which meets at least four times a year and consists of at least one (1): parent, student, nurse, school food service representative, school committee member, school administrator, a teacher and guidance team member (not from same building), member of the public, and other community members as appropriate. If available, a qualified, credentialed nutrition professional will be a member of the wellness committee. Members will be appointed from each category; if no one volunteers then appointment will be made by the Superintendent.

The School Committee designates the Director of Student Services to oversee the policy implementation. Each school will designate a wellness policy coordinator. Only employees of the district who are members of the wellness committee may serve as wellness program coordinators. Wellness coordinators, in consultation with the wellness committee, will lead the implementation and evaluation of this policy.

The wellness committee will form an advisory committee (must include at least a student and parent) to meet with the director of food services at least every other month to review the process for menu planning and discuss ways to strengthen the nutrition/food services program.

III. Nutrition

Nutrition Goals

The Monomoy Regional School District recognizes that an intake of healthy, nutritious food is essential for students to succeed academically. It is the policy of the Monomoy Regional School District that all foods and beverages made available on campus during the school day (Breakfast and lunch) are consistent with School Lunch Program nutrition guidelines. Guidelines for reimbursable school meals will not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to law.

School Meals

The district will create procedures that address all foods available to students at each grade level throughout the school day in the following areas:

• Guidelines for maximizing nutritional value by decreasing fat and added sugars, increasing nutrition density, and moderating portion size proper portion size for associated age groups of each individual food or beverage sold within the school environment.
• Separate guidelines for foods and beverages in the following categories will be outlined:
  • Foods and beverages included in a la carte sales in the food service program;
  • Foods and beverages sold in vending machines, snack bars, school stores, and concession stands;
  • Foods and beverages sold as part of school-sponsored fundraising activities;
  • Refreshments served at parties and celebrations;
  • Meetings during the school day;
  • Guidelines will be based on nutrition goals, not profit motives

IV. Physical Activity Opportunities and Physical Education

The District will develop goals and include them in its policy with the following areas for consideration

• Students are given opportunities for physical activity during the school day through physical education (PE) classes, daily recess periods for elementary school students, and the integration of physical activity into the academic curriculum where appropriate.
• Students are given opportunities for physical activity through a range of before- and/or after-school programs including, but not limited to, intramurals, interscholastic athletics, and physical activity clubs.
• Schools work with the community to create ways for students to walk, bike, rollerblade, or skateboard safely to and from school.
• Schools encourage parents and guardians to support their children's participation in physical activity, to be physically active role models, and to include physical activity in family events.
• Schools provide training to enable staff to promote enjoyable, lifelong physical activity among students.

Other School-Based Activities

The wellness program coordinators, in consultation with the wellness committee, are charged with developing procedures addressing other school-based activities to promote wellness.

The following are examples of goals to be considered:

• An adequate amount of time is allowed for students to eat meals in adequate lunchroom facilities.
• All children who participate in subsidized food programs are able to obtain food in a non-stigmatizing manner.
• Environmentally friendly practices such as the use of locally grown and seasonal foods, school gardens, and non-disposable tableware have been considered and implemented where appropriate.
• Physical activities and/or nutrition services or programs designed to benefit staff health have been considered and, to the extent practical, implemented.

V. Evaluation

Wellness program coordinators shall be responsible for devising a plan for implementation and evaluation of the district wellness policy and are charged with operational responsibility for ensuring that schools meet the goals of the district wellness policy. Wellness program coordinators will report to the School Committee annually.

REFERENCE:

MASC policy ADF

LEGAL REFS.:

The Child Nutrition and WIC Reauthorization Act of 2004, Section 204, P.L. 108 265
The Richard B. Russell National School Lunch Act, 42 U.S.C. §§ 1751 1769h The Child Nutrition Act of 1966, 42 U.S.C. §§ 1771 1789

CROSS REFS.:

EFC, Free and Reduced Cost Food Services
IHAMA, Teaching About Alcohol, Tobacco and Drugs
KI, Public Solicitations/Advertising in District Facilities

Adopted: June 17, 2017
Revised: June 24, 2021