WELLESLEY PUBLIC SCHOOLS

Anti-Discrimination Policy to Protect Students and Staff from Harassment,
including Sexual Harassment

Background

The Wellesley Public Schools are committed to maintaining a work and educational environment free from all forms of discrimination and harassing conduct. We expect all employees, students and other members of the school community to conduct themselves in an appropriate manner with concern and respect for all members of the school community.  Discrimination or harassment on the basis of race, national origin, religion, age, sex, sexual orientation, ability or disability in any form will not be tolerated.

Policy

It is the policy of the Wellesley Public Schools to maintain a learning environment that is free from discrimination of any kind, including sexual harassment. It is a violation of this policy for any member of the school community to discriminate or harass another through conduct of communication as defined in this policy.  Any allegation of discrimination or harassment will be investigated and, if a violation of this policy is substantiated, disciplinary action will be taken.

Each administrator is responsible for promoting understanding and acceptance of, and assuring compliance with, state and federal laws and school policy and procedures governing discrimination and harassment within his/her school or office.

Definition of Terms

“Harassment” is conduct or speech which is unwelcome, intimidating, derogatory, hostile and/or offensive; and has the purpose, or effect, of unreasonably interfering with a student’s ability to learn or a staff member’s ability to work.

“Conduct” includes gestures, “body language,” speech, or physical contact; it also includes writing, displaying pictures or making drawings.  Harassment may be student-to-student, staff-to-student, student-to-staff, or staff-to-staff.  Harassment may be offensive to a person for a variety of reasons, including his or her gender, race, ethnic background, religion, age, sexual orientation, ability or disability.


For purposes of this policy, members of the school community include all staff and students.  Staff shall mean all non-students within the Wellesley Public Schools, whether administration, teacher, clerical, custodial or any and all other categories of employees, volunteers or parties who contract to perform work for the Wellesley Public Schools

“Sexual harassment” is harassment which is of a sexual nature.   Sexual harassment can include a range of behaviors sexual insults and name-calling, off color jokes, intimidation by words or actions, offensive touching, and pressure for sexual activity.

Examples of sexual harassment include, but are not limited to, unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or visual or physical contact of a sexual nature when that conduct has the purpose or effect of having a negative impact on performance or of creating an intimidating, hostile, humiliating or offensive educational or work environment.

“Discrimination” for the purpose of this policy is conduct or speech which conveys discrimination on the basis of sex, race, color, sexual orientation, age, religion, national origin and/or disability in any educational programs, activities, or employment.

Violations

Any student or staff member who, after an investigation, has been found to have engaged in the discrimination or harassment of a student or staff member in any school setting or at any school-sponsored event will be subject to disciplinary action.

Procedures for Reporting and for Conducting an Investigation

In responding to and resolving complaints, administrators will be guided by five goals:

  • focus on changing behavior rather than simply punishing the offender;
  • engage students and staff in dialogue so that they may learn more about the impacts of behaviors and attitudes;
  • maintain, as much as practicable, the confidentiality of the alleged victims and offenders by involving as few people as possible in the resolution of the problem;
  • protect the complainant from retaliation; and,
  • insure prompt and thorough attention to all complaints.

Sexual harassment is a form of sex discrimination.  Under the Massachusetts law on fair educational practices (Chapter 151C of the Mass. General Laws,) the term “sexual harassment” is defined as follows:

any sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: (i) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of the provision of the benefits, privileges or placement services or as a basis for the evaluation of academic achievement; or (ii) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s education by creating an intimidating, hostile, humiliating or sexually offensive educational environment.  Massachusetts General Laws c.151C, s. 1(e).


Under the federal Title IX regulations, the U.S. office for Civil Rights defines “sexual harassment” as “verbal or physical conduct of a sexual nature, imposed on the basis of sex, by an employee or student, which is unwelcome, hostile, or intimidating.”  Letter to McCoy from OCR Region V, April 27, 1993, citing 34 CFR s. 106.31(b)(1) through (4) and (7).

Students may report incidents they believe involve discrimination or harassment to any teacher, counselor or administrator; the choice is the student’s; the choice of the method of reporting, whether verbal or in writing, is also the student’s.  At the secondary level, principals will identify and make known to students staff members prepared to serve as resource people to support students in articulating their complaints.

Any teacher, counselor or administrator who has received a report, verbally or in writing, will forward the report to the building principal within forty eight (48) hours.  Staff may report incidents to their supervisor, Principal, Assistant Superintendent, and/or Superintendent.

In cases involving a staff member alleged to have engaged in discriminatory or harassing conduct or communication, the building principal will notify the Superintendent of Schools, or his/her designee, within forty eight (48) hours, The Superintendent, or his/her designee; will appoint an investigating officer, who may be the building principal.

In cases involving a student alleged to have made discriminatory or harassing conduct or communication, the principal (or his/her designee) will be the investigating officer.

Harassment or discrimination are determined from the viewpoint of a reasonable person in the complainant’s situation.  When an individual complains about harassment, school officials must assess the facts and circumstances from that viewpoint.

The investigating officer will initiate and complete an investigation as soon as possible, normally within two weeks.  The investigation may, but need not necessarily, include interviewing the complainant; the person alleged to have made the harassing conduct or communication; and such other person(s) as the investigating officer deems necessary or appropriate in order to complete a thorough investigation of the allegation.  An opportunity to be heard will be provided, consistent with school system’s policies and procedure on the same.

The Investigating Officer will assist the complainant to communicate directly to the alleged perpetrator, in person or in writing, the negative impact of the behavior and the need to stop the behavior.

The investigating officer will conclude whether a violation of this policy has occurred and communicate such findings to:

  • the Superintendent (in cases of allegations against staff)
  • the building principal (in cases of allegations against students)
  • the complainant and the person(s) against whom the complaint was made.

Unresolved investigations will be reported as such.

 

Disciplinary Action

Any violation of this policy will be subject to disciplinary action.  In the case of a student found to have violated this policy, disciplinary action will be determined by the Principal and can range from a verbal warning to removal from the school setting.  In the case of staff found to have violated this policy, disciplinary action will be determined by the Superintendent of Schools and may include dismissal.

If the alleged sexual harassment constitutes sexual abuse of a child by a “caretaker” (e.g., by a school staff member), then school administrators, teachers, and other school staff who are mandated reporters will report the suspected child abuse to the Department of Social Services, as required by Mass. General Laws Chapter 199, section 51A.

Retaliation

Retaliation is forbidden against any person who has alleged discrimination or harassment, testified or participated in an investigation, of a claim of discrimination or harassment.  Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.  If it occurs, in can be considered grounds for dismissal of staff personnel and/or removal from the educational setting for a student.  Any allegation of reprisal will be subject to the same kind of investigation and disciplinary actions as are described above.

 

 

Voted: April 14, 1994
Revised: May 3, 1999