File ACAB: Harassment Policy and Grievance Procedure

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: 3/27/2013
Revised: 6/25/2020; 2/27/2025