Policies
Middletown Public Schools No. 4118.12 and 5145.5
Sexual Harassment
SEXUAL HARASSMENT
I. GENERAL STATEMENT OF POLICY
Sexual Harassment is a form of sex discrimination, which violates Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 W.S.C. 2000e, et seq., and Rhode Island Statutes.
It is the policy of the Middletown School Committee and district to maintain a learning and working environment that is free from sexual harassment. The district prohibits any form of sexual harassment.
It shall be a violation of this policy for any student or employee of the Middletown School Committee and district to harass any student or employee through conduct or communication of a sexual nature as defined by this policy.
The district will act to investigate all complaints, either formal or informal, verbal or written, of sexual harassment and to discipline any student or employee who sexually harasses a student or employee of the district.
II. SEXUAL HARASSMENT DEFINED
A. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment or of obtaining an education; or
2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment or education; or
3. That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creating an intimidating, hostile or offensive employment or educational environment.
4. Any sexual harassment, as defined when perpetrated on any student or employee by any student or employee, will be treated as sexual harassment under this policy.
B. Sexual harassment may include, but is not limited to:
1. verbal harassment or abuse;
2. subtle pressure for sexual activity;
3. inappropriate patting or pinching;
4. intentional brushing against a student’s or an employee’s body; 5. demanding sexual favors accompanied by implied or overt threats concerning an individual’s employment or educational status; 6. demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual’s employment or educational status; or
7. any sexually motivated unwelcome touching.
III. REPORTING PROCEDURE
Any person who believes he or she has been the victim of sexual harassment by a student or employee of the district, or any third person with knowledge or belief of conduct which may constitute sexual harassment, should report the alleged acts immediately to an appropriate school district official as designed in this policy. The district encourages the reporting party or complainant to use the report form available from the principal of each building or available from the district central office. The investigation of alleged sexual harassment is not, however, contingent upon a written report.
A. In Each School Building – The Building Principal is the person responsible for receiving oral and written reports of sexual harassment at the building level. Upon receipt of a report, the principal must notify the District Human Rights Officer immediately without screening or investigating the report. The written report will be forwarded immediately to the District Human Rights Officer. If the report was given verbally, the principal shall reduce it to written form within 24 hours and forward it to the District Human Rights Officer. Failure to forward any sexual harassment report or complaint as provided herein will result in disciplinary action. If the complaint involves the Building Principal, the complaint shall be filed directly with the District Human Rights Officer.
B. District-Wide – The School Committee hereby designates the Superintendent and/or designee, as the District-wide Human Rights Officer to receive reports or complaints of sexual harassment from any individual, employee or victim of sexual harassment and also from the Building Principals as outlined above. If the complaint involves the Human Rights Officer, the complaint shall be filed directly with the School Committee. The district will conspicuously post the name of the Human Rights Officer, including a mailing address and telephone number.
C. Submission of a complaint or report of sexual harassment will not affect the individual’s future employment, grades or working assignment.
D. Use of formal reporting forms is not mandatory.
The Middletown School Committee and district will respect confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the district’s legal obligations and the necessity to investigate allegations of harassment and take disciplinary action when the conduct has occurred.
IV. INVESTIGATION AND RECOMMENDATION
The Human Rights Officer, upon receipt of a report of complaint alleging sexual harassment, shall immediately authorize an investigation. This investigation may be conducted by the school district officials or by a third party designated by the school district. The investigating party shall provide a written report of the status of the investigation within ten working days to the Superintendent.
In determining whether alleged conduct constitutes sexual harassment, the school district should consider the surrounding circumstances, the nature of the sexual advances, relationship between the parties involved and the context in which the alleged incidents occurred.
The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.
In addition, the school district may take immediate steps, at its discretion, to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment.
V. SCHOOL DISTRICT ACTION
A. Upon receipt of a recommendation that the complaint is valid, the school district will take such action as appropriate based on the results of the investigation.
B. The result of the investigation of each complaint filed under these procedures will be reported in writing to the complainant by the school district. The report will document any disciplinary action taken as a result of the complaint.
VI. REPRISAL
The Middletown School Committee or the Superintendent will discipline any individual who retaliates against any person who reports alleged sexual harassment or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
VII. NON-HARASSMENT
The Middletown School Committee and the Superintendent recognize that not every advance or comment of a sexual nature constitutes harassment. Whether a particular action or incident is a personal, social relationship without a discriminatory employment or educational effect requires a determination based on all the facts and surrounding circumstances. It is recognized that false accusations of sexual harassment can have a serious detrimental effect on innocent parties.
VIII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse, which may include filing charges with the Rhode Island Commission on Human Rights, initiating civil action or seeking redress under State criminal statues and/or Federal law.
IX. SEXUAL HARASSMENT AS SEXUAL ABUSE
Under certain circumstances, sexual harassment may constitute abuse under Rhode Island statute. In such situations, the Middletown School Committee and district will comply with all applicable State laws governing the maltreatment of minors.
X. DISCIPLINE
Any school district action taken pursuant to this policy will be consistent with requirements of applicable collective bargaining agreements, Rhode Island statutes, regulations and policies of the school district. The school district will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate discharge to and sexual harassment and prevent its recurrence.
| CONFIDENTIAL CONFIDENTIAL SEXUAL HARASSMENT REPORT FORM General Statement of Policy Prohibiting Sexual Harassment The Middletown School Committee and district maintain a firm policy prohibiting all forms of discrimination based on sex. Sexual harassment against students or employees is sex discrimination. All persons are to be treated with respect and dignity. Sexual advances or other forms of personal harassment by any person, male or female, which create an intimidating, hostile or offensive environment will not be tolerated under any circumstances. Complainant ___________________________________________________________ Home Address __________________________________________________________ Work Address___________________________________________________________ Home Phone______________________ Work Phone__________________________ Date of Alleged Incident(s)________________________________________________ Name of the person you believe sexually harassed you_______________________ List any witnesses that were Present_______________________________________ _______________________________________________________________________ Where did the incident(s) occur?__________________________________________ _______________________________________________________________________ Describe the incident(s) as clearly as possible, including such things as: what force, if any, was used; any verbal statements (i.e. threats, requests, demands, etc.); what, if any, physical contact was involved; what did you do to avoid the situation, etc. (Attach additional pages if necessary)._________________________ ____________________________________________________________________________________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________This complaint is based on my honest belief that _________________________ has sexually harassed me. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge and belief. ____________________________________________ ___________________________ Complainant Signature Date ____________________________________________ ___________________________ Received by Date |
1st Reading – August 19, 1993
Approved by School Committee - September 9, 1993
Reviewed and Approved – May 18, 2000
Review and Incorporated Policies 4140 & 5040 - August 21, 2025
3 Year Review Due - August 2028