File: AC-R
SHUTESBURY SCHOOL COMMITTEE
NON-DISCRIMINATION POLICY INCLUDING HARASSMENT AND RETALIATION
Shutesbury School District will respond promptly to any reports or complaints of discrimination, including harassment and retaliation, or other violations of civil rights, pursuant to our detailed response protocol. Where it is determined that discrimination or harassment has occurred, Shutesbury School District will act promptly to eliminate the conduct and will impose developmentally- appropriate disciplinary, restorative, and/or corrective action.
Any member of the school community who is found, after investigation, to have engaged in any form of discrimination, including harassment or retaliation, against another member of the school community, will be subject to consequences determined appropriate by the administration. Such consequences may include restorative measures and corrective action, and/or student discipline or staff disciplinary action, up to and including termination of employment.
Definitions
"Discrimination" and "Harassment" are defined as unwelcome conduct, whether verbal or physical, that is based on any individual´s actual or perceived race*, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, active military/veteran status, marital status, familial status, pregnancy or pregnancy-related conditions, homelessness, ancestry, ethnic background, national origin, or any other category protected by state or federal law, Discrimination and/or harassment includes, but is not limited to:
• Display or circulation of written materials or pictures that are degrading to a person or group described above.
• Verbal abuse or insults about, directed at, or made in the presence of, an individual or group described above.
• Any action or speech that contributes to, promotes or results in a hostile or discriminatory environment to an individual or group described above
• Any action or speech that is sufficiently severe, pervasive or persistent that it either (i) interferes with or limits the ability of an individual or group described above to participate in or benefit from employment or a program or activity of __PS; or (ii) creates an intimidating, threatening or abusive educational or working environment.
Harassment may include, but is not limited to, any unwelcome, inappropriate, or illegal physical, written, verbal, graphic, or electronic conduct, and that has the intent or effect of creating a hostile education or work environment by limiting the ability of an individual to participate in or benefit from the district´s programs and activities or by unreasonably interfering with that individual´s education or work environment or, if the conduct were to persist, would likely create a hostile educational or work environment.
"Title IX Sexual Harassment" (effective August 14, 2020) means verbal, physical or other conduct that targets a person based on their sex, and that satisfies one or more of the following:
• A school employee conditioning educational benefits or services on participation in unwelcome sexual conduct (i.e., quid pro quo);
• Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's educational program or activity;
• Any instance of "sexual assault", "dating violence", "domestic violence", or "stalking", as those terms are defined by the Clery Act (20 U.S.C. 1092(f)(6)(A)(v)) and the Violence Against Women Act (34 U.S.C. 12291(a)(8), (10) & (30)).
Allegations of Title IX Sexual Harassment shall be reported and investigated pursuant to the Shutesbury School District Protocol for Investigating Sexual Harassment and Retaliation Pursuant to Title IX.
Resources
The following individual is designated as the District ADA, Title VI, Title IX, and Sexual Harassment Coordinator, and Grievance Officer for the School Committee, administration, faculty, staff, volunteers in the schools, and for parties who are contracted to perform work for the Shutesbury School District, and can be reached at:
Name/Position: Corrina Wcislo
Address 23 West Pelham Road, Shutesbury MA 01072
Phone 978 910-1478
The following individual is designated as the District ADA, Title VI, Title IX, and Sexual Harassment and Civil Rights Coordinator for students in the Shutesbury School District. In addition, the Shutesbury School Psychologist is the District 504 Coordinator, and can be reached at:
Name/Position: Amadee Meyer
Address 23 West Pelham Road, Shutesbury MA 01072
Phone 413 259-1212
Inquiries concerning the Shutesbury School District´s policies and protocols, compliance with applicable laws, statutes, and regulations, and complaints may also be directed to the Director of Human Resources. Inquiries about laws, statutes, regulations and compliance may also be directed to the Massachusetts Department of Elementary and Secondary Education or the Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor, Suite 900, Boston, MA 02109; (617) 289-0111; Email: [email protected]; Website: www.ed.gov/ocr
*race to include traits historically associated with race, including, but not limited to, hair texture, hair type, hair length and protective hairstyles.
LEGAL REFS.: 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
No Child Left Behind Act of 2001, 20 U.S.C. § 7905 (The Boy Scouts of America Equal Access Act)
M.G.L. 71B:1 et seq. (Chapter 766 of the Acts of 1972)
Acts of 2022, Chapter 117 - https://malegislature.gov/Laws/SessionLaws/Acts/2022/Chapter117
CROSS REF: ACE, Nondiscrimination on the Basis of Disability
ACAB, Sexual Harassment
GBA, Equal Employment Opportunity
IJ, Instructional Materials
JB, Equal Educational Opportunities
Title IX Sexual Harassment Grievance Procedure
Civil Rights Grievance Procedure
SOURCE: MASC August 2022
Reviewed by Shutesbury Policy Committee: 10/19/23
First Reading by Shutesbury School Committee: 11/30/23
Second Reading, First Vote by Shutesbury School Committee: 12/21/23
Final Vote by Shutesbury School Committee: 1/18/24