Middletown Public Schools                                                                                      No. 7050           

 

ANTI-DISCRIMINATION/ANTI-HARASSMENT POLICY AND GRIEVANCE PROCEDURE

I. PURPOSE

The Middletown Public Schools (the “District”) is committed to maintaining and promoting an educational environment free from all forms of discrimination in which all individuals are treated with respect and dignity. The civil rights of all school community members are guaranteed by law, and the protection of those rights is important to the District. Each individual has the right to work and learn in a professional atmosphere that promotes equal opportunities and prohibits unlawful discriminatory practices, including harassment.

Discrimination, including harassment, on the basis of race, color, religion, national origin, ethnicity, genetic information or testing, sex, sexual orientation, age or disability (hereinafter “membership in a protected class”) shall not be tolerated. The District expects that all relationships among persons within the District will be professional, respectful, free of explicit bias, prejudice, and harassment.

The District has developed this policy to ensure that all of its employees and students can work or learn in an environment free from unlawful harassment, discrimination, and retaliation.

Retaliation against any student or any other individual who has complained of discrimination, including harassment, or individuals who have cooperated with an investigation of such a complaint, is unlawful and shall not be tolerated. The District shall make every reasonable effort to ensure that all concerned are familiar with these policies and are aware that any complaint in violation of such policies shall be investigated and resolved appropriately.

The District shall promptly investigate, remedy any harm, seek to protect students and/or employees, and to prevent recurrence of such conduct. This policy applies to conduct directed toward students, employees, and other persons associated with the educational community by all other persons associated with the educational community

including, but not limited to, students, employees, the School Committee, school volunteers, parents, and independent contractors. (For a complaint of disability discrimination that is NOT harassment, please refer to the District’s Section 504/ADA Prohibition Against Discrimination Based on Disability policy/procedure.)

II. ENABLING AUTHORITY

Pursuant to the powers vested in the Middletown School Committee under Title 16 of the Rhode Island General Laws, the Middletown School Committee hereby adopts this Anti Discrimination /Anti-Harassment Policy and Grievance Procedure to comply and be consistent with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2000e17; Executive Order 11246; the Equal Pay Act, 29 U.S.C. Ch 8, § 206(d); the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; the Americans with Disabilities Act 42 U.S.C. § 12101 et seq.; Section 503 of the Rehabilitation Act of 1973, 29 U.S.C. § 503; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 504; the Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §4301 et seq.; the Immigration Reform and Control Act of 1986, 8 U.S.C. 1101 et seq.; the Rhode Island Fair Employment Practices Act, R.I. Gen. Laws § 28-5-1 et seq.

III. POLICY

What is Discrimination, including Harassment?

A. Definitions

Discrimination: Treating persons differently or interfering with or preventing them from enjoying the advantages or privileges afforded to others because of their membership in a protected class.

Harassment: Oral, written, graphic, electronic, or physical conduct relating to a person’s actual or perceived membership in a protected class that is sufficiently severe, pervasive, or persistent so as to interfere with or limit that person’s ability to participate in the District’s programs or activities by creating a hostile educational environment.

Harassing conduct based on a person’s protected status may include, but is not limited to:

• Degrading, demeaning, insulting, or abusive verbal or written statements; • Taking personal belongings, taunting, teasing, name-calling, or spreading rumors; • Drawing or writing graffiti, slogans, visual displays, or symbols on school or another’s property;

• Telling degrading or offensive jokes;

• Unwanted physical contact of any kind;

• Physical violence, threats of bodily harm, physical intimidation, or stalking; •

Threatening letters, emails, instant messages, or websites that come within the scope of the District’s disciplinary authority;

• Defacing, damaging, or destroying school or another’s property.

●       Harassing conduct does not have to be directed towards a particular individual. Other members of the same protected class may be considered the victim of harassment by virtue of being exposed, even indirectly, to the harassing conduct.

The following is not intended as an inclusive list of conduct that may violate this policy.

Disability Harassment: Unwelcome verbal, written or physical conduct directed at a person based on his/her disability or perceived disability, including damaging, or interfering with use of necessary equipment, intimidating manner of movement, using disability-related slurs, or invading personal space to intimidate.

National Origin Harassment: Unwelcome verbal, written or physical contact directed at a person based on his/her national origin, ancestry, or ethnic background such as negative comments about surnames, customs, language, accents, immigration status or manner of speaking.

Racial Harassment: Unwelcome verbal, written or physical conduct directed at a person based on his/her race or color, including racial slurs or insults based on characteristics of a person’s race or color, racial graffiti or symbols, hostile acts based on a race, nicknames based on racial stereotypes, negative comments about appearance, imitating mannerisms, taunting, or invading personal space to intimidate.

Religious Harassment: Unwelcome verbal, written or physical conduct directed at a person based on his/her religion, including derogatory comments about religious beliefs, traditions, practices (includes non-belief), or religious clothing.

Sexual Orientation Harassment: Unwelcome verbal, written or physical conduct, directed at a person based on his/her actual or perceived sexual orientation, such as anti-gay slurs or insults, imitating mannerisms, taunting, or invading personal space to intimidate.

Quid Pro Quo Sexual Harassment: occurs when a person in a supervisory position explicitly or implicitly conditions participation in a program or activity or bases a decision concerning another on the other person’s submission to unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature, whether or not the other person submits to the conduct. Quid pro quo sexual harassment, occurs, for example when a school employee causes a student to believe s(he) must submit to sexual advances to receive a better grade than deserved, or is

threatened with a loss of a promised college application recommendation unless the student dates the employee.

Hostile Environment Sexual Harassment: occurs when unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature by a student, a school employee, or a third party on school property or at a school related activities is sufficiently severe, pervasive or persistent so as to interfere with or limit a person’s ability to participate in or benefit from the District’s programs or activities by creating a hostile, humiliating, intimidating, or offensive educational environment. A victim may also be someone affected by conduct directed toward another individual. Sexual harassment may occur adult to student, student to student, student to adult, adult to adult, male to female, female to male, female to female, and male to male.

Depending on the circumstances, sexual harassment may include, but is not limited to:

Verbal forms of sexual harassment, including repeated unwanted requests for dates, sexual rumors, sexually explicit jokes, howling, whistles, catcalls, soliciting conversation regarding sexual activity and experiences, making unwanted gender-based references to a person’s physical characteristics;

Written forms of sexual harassment, including offensive words or statements, including requests for dates, sexual rumors, sexually explicit jokes, soliciting conversations regarding sexual activity and experiences, or making unwanted gender-based references to a person’s physical characteristics.

Nonverbal forms of sexual harassment, including offensive gestures, following, or stalking another, cornering or blocking a person, leering, pressuring for sexual activities;

Visual forms of sexual harassment, including displaying sexually suggestive or sexually provocative photographs, pictures, objects, cartoons, or posters; or

Unwelcome physical touching, including grabbing, groping, squeezing, sexual fondling, kissing, brushing against another’s body, body hugs, and other unwelcome contact.

B. Prohibited Conduct and Responsibilities of Persons Associated with the Educational Community.

All the above types of harassment and discrimination as defined in § III (A) of this

policy are strictly prohibited. Conduct not specifically defined in § III (A) of this policy, that is found to be discriminatory or harassing of others is also prohibited. Each member of the educational community is personally responsible for ensuring that his/her conduct does not in any way harass or discriminate against any other person that he/she has contact with in the performance of his/her duties or studies or while acting as a member of the school community. In addition, each member of the educational community is required to fully cooperate in any investigation of alleged discrimination, including harassment. Further, District employees are obligated to intervene and stop any discrimination, including harassment that they witness and to immediately report to the building

Principal instances of discrimination, including harassment that are reported to them, they observe, or of which they otherwise learn.

C. Designated Officials for Addressing Discrimination and Harassment Complaints

In each school building, the Principal is responsible for receiving and investigating reports and complaints of violations of this Policy at the school level. Individuals may file a report or complaint of discrimination, including harassment, with the Principal. In the event that the Complaint alleges violations against the Principal, the Complaint shall be delivered to the Superintendent, who shall appoint an individual to conduct the investigation.

D. Procedure for Reporting Discrimination and Harassment

The Superintendent and/or his or her designee is hereby authorized to develop a protocol to enforce this policy and timely process and investigate complaints received by the District. Any grievance protocol shall comply with the following requirements:

Reports/complaints alleging discrimination, harassment, or a other violation of this policy are to be filed within ninety (90) days after the discriminatory conduct has occurred or the individual reasonably becomes aware of the conduct. The filing period may be extended for good cause. The individual should provide as much information and documentary evidence as possible so that the complaint may be investigated to the fullest extent.

E. Investigation of Complaints

An investigator shall be appointed pursuant to the grievance protocol as developed by the Superintendent. The investigator shall endeavor to obtain all necessary and relevant information to make an accurate and prompt investigation.

In the event that an investigation reveals that the alleged action or actions do not constitute discrimination or harassment as defined in this policy, but that the underlying conduct may meet the definition of bullying or cyberbullying as set forth in the District’s Bullying Policy, then the results of the investigation should be forwarded and/or reviewed in conjunction with the provisions of that policy. If necessary, the investigation may be re-opened under the parameters of that policy.

In the event that an investigation reveals that the alleged action or actions do not constitute discrimination or harassment as defined in this policy, but that the underlying conduct may meet a standard for disciplinary conduct, then the results of the investigation should be forwarded to the Superintendent of Schools or designee for appropriate employee or student discipline.

F. Conclusion of Investigation

A written determination regarding the complaint and any resolution will be provided by the investigator to the complainant and the accused within thirty (30) school/working days of filing of the complaint.

If a violation is found to have occurred, the District will take steps to prevent reoccurrence of the violation and correct its discriminatory effect on the person(s) affected. Such steps may include appropriate disciplinary action (including but not limited to suspension of student(s) and termination of employee(s)), counseling, development of a safety plan and other remedies, as appropriate.

G. Appeal Process

The complainant may request reconsideration of the determination and/or resolution of a complaint by notifying the Superintendent in writing or verbally within seven (7) school/working days of receipt of the written determination of the Investigator. The Superintendent or his/her designee will respond to such request within thirty (30) school/working days of receipt of the request for reconsideration; his/her decision is final.

H. Confidentiality

Investigations of discrimination, including harassment complaints shall be conducted in such a manner as to disclose information only to those who need to know and as necessary to gain information pertinent to the investigation. Please note, some level of disclosure may be necessary in the course of conducting interviews in connection with investigation of any complaint under this policy. The Middletown Public Schools shall

endeavor to keep such information as confidential as it can without compromising the thoroughness of the investigation.

V. STATE AND FEDERAL AUTHORITIES

In addition to the process described above, the complainant may, at any time, file a complaint with the United States Department of Education, Office for Civil Rights, Rhode Island Department of Elementary and Secondary Education, or other appropriate federal or state agency charged with enforcement of state and federal laws prohibiting discrimination, including harassment based on membership in a protected class.

U.S Department of Education, Office for Civil Rights

John W. McCormack Building

5 Post Office Square, Suite 900

Boston, MA 02109

Telephone: (617) 289-0111

http://www.ed.gov

Rhode Island Department of Education

255 Westminster Street

Providence, RI 02903

Telephone: (401) 222-4600

http://www.ride.ri.com

VI. DEVELOPMENT OF PROTOCOL

The Superintendent of Schools shall develop a protocol and procedures to facilitate this policy.

 

1^st Reading – November 21, 2024

2nd Reading - December 12, 2024

Review - February 26, 2026

3 Year Reading Due - February  2029