Bile: AC - NON-DISCRIMINATION POLICY INCLUDING HARASSMENT AND RETALIATION ‘The Fairhaven School Committe and Fairhaven Publie Schools are committed to maintaining an education and work environment forall school community members. hat i fee from all forms of discrimination, including harassment and retaliation. The members of the school community include the School Committe, employees, administration, faculty, staff, students, volunteers in the schools, and parties contacted to perform work for the Fairhaven Public Schools Faishaven Public Schools does not exclude from participation, deny the benefits of Fairhaven Public Schools from or otherwise discriminate agains, individuals onthe basis of race*, color, sex, sexual orientation, gencer identity, sex stereotypes, sex characteristics, religion, disability, age, genetic information, active military/veteran status, marital status, familial statu, pregnancy, ‘or pregnancy-related condition, homelessness, ancestry, ethnic background, national origin, or ‘any other category protected by state or federal law in the administration of is educational and ‘employment policies, or in is progeams and activites, ‘This commitment to the community is affirmed by the following statements. The School ‘Committee commits to: 1, Promoting the rights and responsibilities ofall individuals as set forth in the State and Fedral Constitutions, pertinent legislation, and applicable judicial interpretations. 2, Encouraging posiive experiences in human values for children, youth and adults, all ‘of whom have differing personal and family characteristics and who come from various socioeconomic, raciel and ethnic groups. 3, Working toward ¢ more integrated society and enlisting the support of individuals as ‘well as groups and agencies, both private and governmental, in such an effort, 4. Using all approprate communication and action techniques to air andl address the grievances of individuals and groups. ‘5. Carefully consider, in all the decisions made within the school district, the potential benefits or adverse ennsequeneces that those decisions might have on human relations. 6, Initiating a process of reviewing policies and practices of the school dstriet in onder to achieve to the greatest extent possible the objectives ofthis statement, ‘The Paithaven Public Schools requires all members of the school community to conduct themselves in accordance with this policy It shall be a violation of this policy for any member of the school community to engage in any form of discrimination, inliding harassment and retaliation, orto violate any other civil right of‘any member of the school community, We recognize that discrimination can take @ range of forms and can be targeted cr unintentional; however, discrimination in any form, including harassment and retaliation, will not be tolerated. 11 shall also be a violation cf this policy for any school community member to subject aay’ other ‘member ofthe school community to any form of retaliation, including, but net limited to, coercion, intimidation, inte ference, punishment, discrimination, oF harassment, for reporting ot {filing a complaint of discrimination, cooperating in an investigation, aiding or encouraging another member ofthe school community to report such conductor file a complaint, or opposing any actor practice reasonably believed to be prohibited by this policy. ‘race to include traits historically associated with race, including, but not limited to, hair texture, haar type, har length and protective hairstyles. LEGAL REFS; Title VI Civil Rights Act of 1964 ‘Title VIL, Gvil Rights Act of 1964, as amended by the Equal Employment ‘Opportunity Act of 1972 Executive Order 11246, as amended by E.0. 11375 Equal Pay Act, as amended by the Education Amendments of 1972 Title IX, Education Amendments of 1972 Rehabilitation Act of 1973 Faleation for All Handicapped Children Act af 1975 [No Child Left Behind Act of 2001, 20 U.S.C. § 7905 (The Boy Seouts of ‘America Eeual Access Act) ‘M.G.L. 71B:1 et seq. (Chapter 766 ofthe Acts of 1972) Acts of 2022, Chapter 117 s/malegislaure gov/Laws/ Session aws/Actw/2022/ChapterL17 CROSS REF: ACE, Nondiscrimination onthe Basis of Disability ACAB, Semual Harassment GBA, Equal Employment Opportunity 1, Instructinal Materials JB, Equal Educational Opportunities SOURCE: MASC July 2024 ADOPTED:Bile: AC-R - NON-DISCRIMINATION POLICY INCLUDING HARASSMENT AND. RETALIATION Fairhaven Publie Schools wl respond promplly to any reports or complaints of discrimination, including harassment and retaliation, or other violations of civil rights, pursuant to our detailed response protocol. Where its determined tht discrimination or harassment has occurred, Faichaven Publie Schools wl act promptly to eliminate the conduct and will impose ‘The Superintendent will amually appoint one or mote Title IX Coordinators wiso will be vested with the authority and responsibilty of managing all sex discrimination complaints. The Title X Coordinator shall be responsible for handling inuiries about the applicability of Title IX, unless «person prefers to contact ane of the governing agencies addressed below.‘Any person may report sex discrimination, including Sexual harassment (whether or not the person reporting is the rerson alleged to be the victim of conduct that could constitute ‘ex discrimination or sexual harassment). Reports may be made at any time including during non-business hours. Reports may be made in person, by mail, by telephone, oF by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Tile IX Coordinator receiving the person's verbal or written report. Al employees who are net confidential employees must immediately notify the Title IX ‘Coordinator upon receipt «information of conduct toward another individuals that may constitute sex iserimination under this poliy. All employees who are confidential employees who are made aware by another individual of ‘conduct toward that indiviiual that may constitute sex discrimination under this poliey must inform tet individual: (1)of the employee's stats as a confidential employe who is not required to notify the Title IX Coordinator of the alleged conduct; (2) how to contact the Title IX ‘Coordinator and make a complaint of sex disecimination; and (3) that the Title IX Coordinator _may be able to offer and coordinate supportive measures, as well as intite an informal ‘resolution processor an investigation under this policy Receipt of Complaint Upon notice of allegations that reasonably may constitute sex discrimination, and in treatin the complainant and respondent equitably, the Title IX Coordinator will: (1) teat the complainant and respondent equitably; 2) contact the complainant to discuss the availabilty of and coordinate supportive measures; and (3) notify the eomplainant or individual reporting the conduct ofthe informal resolution and investigation processes under this policy. Is complain is made under this policy, the Tile X Coordinator will then (1) contact the respondent to discus the availabilty of and coordinate supportive measures; and (2) notly the respondent of the information resolution and investigation processes under this policy ‘The Title [X Coordinator rust determine whether to initiate & complaint of sex discrimination pursuant to this policy: (1)in the absence of a complaint but where thee is notice of allegations that reasonably may consttue sex discrimination; 2) inthe absence or termination of an informal resolution process or (3) if complaint is withdrawn in whole or in par. In making this Aetermination, the Title IX Coordinator will consider the following factors: (1) The complainart’s request not to proceed with the initiation ofa compint; (2) The complainart's reasonable safety concerns regarding the initiation of complaint (G) The risk that adsitional wes of sex discrimination would occur ifs complaint isnot initiated; (4) The severity ofthe alleged sex discrimination, including whether the discrimination, iestablished, would require the District to remove the respondent or impose another lisciplinary sanetin to end the discrimination and end its recurrence;(6) The age and rlitonship ofthe parties, including whether the respondent isa District employee; (6) The scope of the alleged sex discrimination, including information suggesting a pattem of ongoing sex discrimination or ex dserimination allege to have impacted multiple individuals; (2) The availabilty of evidence to assist a decisionmaker in determining whether sx iserimination occurred and (8) Whether the District could end the alleged sex diserimination and prevent is recurrence without nititing complaint. If after considering these and other relevant factors, the Title IX Coordinator determines tha the ‘conduct as alleged presentsan imminent and serious theat to the health or safety ofthe ‘complainant or other persoa, oF that the eonduet as alleged prevents the Distret from ensuring ‘equal access on the basis of sx to its education program or activity, the Title IX Coordinator ‘may initiate a complaint, However, if the Title IX Coordinator reasonably determines that the ‘conduet as alleged could not constitute sex discrimination under Title IX or this policy, the Distit isnot obligated to initiate an investigation into the allegations. ‘The Title IX Coordinator will notify the complainant prior to initiating the complaint and appropriately address any cf the complainants reasonably concerns about thir safety or the safety of others, inluding he provisions of supportive measures, Regardless of whether or not 8 ‘complain is initiated, che Tile IX Coordinator will take other appropriate prompt or effective stops to effectuate remedies to deter further instances of the alleged sex disrimination I complaint ie initiated under this policy, the District will nasi the known parties as to (4) Sufficient information available at the time conceming the allegations which may reasonably constitu sex diserimination under ths policy; (2) The District's procedures forthe informal resolution and investigation process; {G) The District's prohbition against retaliation; (4) The parties’ equal cpporunity to access relev evidence or descripions of evidence. and not otherwise impermissible If during the course of an investigation additional allegations are uncovered that were not included in the notice o a consolidated complain, the District will provide a supplemental notice to the known parties. “The District may remove a respondent on an emergency or administrative leave basis after undertaking an individualized safety and risk analysis and determining that an imminent and serious threat to the physical health or safety of any employee, student or ‘other individual arising from the allegations justifes removal, The District will provide the respondent with written notice and an opportunity to challenge the decision immediately following the removal in accordance with any applicable laws, collective bargaining agreements and student handbooks, ‘Supportive MeasuresThe Distt shall offer and coordinate supportive measures through the Title IX Coordinator and ‘other appropriate staff. However, the District isnot required to alte the alleged discriminatory ‘conduct for the purpose of providing supportive mesures, Supportive measures vary depending on reasonably available resources and circumstances ‘These measutes may include, but are not imited to: counseling: extensions of deadlines and ‘ther course-elted adjustments; escort services; increased security and monitoring of certain areas within a schoo! bulking; contact restrictions between ane or more partes; leaves of absence; changes in classes, work or other education program of activities; and training and education. Supportive measures cannot unreasonably burden either party and must be designed to protec the safety ofthe parties ofthe District's educational environment, orto provide support {during an informal resolution or investigation process. These measures will nat be imposed for punitive or disciplinary ressons, and may be modified, continued or terminated a the conclusion of the informal resolution or investigation processor a anytime upon request ofa party if circumstances have materially changed and the Title IX Coordinator grants such request. Ifthe Title IX Coordinator denies a party's requested supportive measures, or icicumstances it will provide the party an opportunity to seek a review af the decision to Central Office ‘administrator. Information concerning supportive measures will be kept strictly confidential unless necessary to preserve a party's acces to the Dstit’s education program or activity either party isa student with disability with an individualized education program (IEP) or 504 plan, the Title IX Coordinator shall consul, confidentially and as appropriate, with one or ‘more members ofthe student's team to determine how to comply with the students LEP or 504 plan in implementing supportive measures. Confidentiality ‘The District will not disclose personaly identifiable information *PI) obtained inthe course of following processes under this poliey unless (1) thas obtained price writen consent to disclose such information from a person with such legal right of consent; (@) The information is ssclosed to parent, guardian or other legal representative with the legal right wo receive disclosures on behalf ofthe person whose PI is tissue; (2) Necessary to carry aut the purposes of Title IX or its accompany regulations orto address ‘conduc that reasommbly may consttue sex discrimination; (4) As required by federal or state law; ot (6) To the extent such disclosures do ot otherwise conflict with Tite IX, when required by state/local law or ifpermitted by FERPA or its secompanying regulations. During an informal resolution or investigation process the District will ake reasonable steps to protect the privacy of parties and witnesses without restriction to& party's ability to obtain and access evidence, including speaking with witnesses (with witness consent and in &non- retaliatory manne); consuking with family members, confidential resources or advisors; oF ‘otherwise preparing fr o articipating in either process.for ution After complaints file, the District may offer and feititatean informal esolution process (uch as but not limited to mediation a restorative justice) before a determination is made. This process isnot available whan the complaint alleges sex-based harassment by a Committee ‘member, District employee or volunteer towards student or if such process would conflict with federal, state or local law. The Disvet retains the right to decline to offeror fevilitate an informal resolution at its owe disretion, even if one or more pats seeks to purse this process. “The parties must give voluntary, writen consent to participate inthis informal process, When both parties consent to an informal process, the Distit shal feclitatea resolution-based meeting as soon as practicable, subject tothe availability ofthe involved partes and any ‘mediator or facilitator. Pricrt initiating the informal resolution process, the District will provide ‘each party a writen notice explaining the allegations and requirements ofthe informal resolution process. The individual facilitating an informal resolution process will not be the same individual ‘that is investigating or deciding the outcome of the complaint [informal resolution is unsuccessful, the complainant may choose fo continue the investigation ‘process by providing writen notice tothe Title IX Coordinator within theee (3) days ofthe ‘unsuccessful informal resolution meeting In this event, the Distit will eommence or resume the investigation. Consolidation of Complains [If the allegations are agains more than one respondent or by more than one complainant, the District may consolidate matipe formal complaints whore tho allegations of sexual haressment arse out of the same facts o eircumstances. Investigation All evidence wil be weighed objectively using the preponderance ofthe evidence standard. Cedibilty determinations sre not based on an individuals status asa complainant, respondent or witness, The investigator will presume thatthe respondent is not responsible forthe alleged ‘conduct until # determination regarding esponsibility is made atthe conclusion ofthe investigation process. ‘The Title IX Coondinator shal assign an individual to investigate the matter. The investigator shall have no conflicts withor biases against ether the complainant or the respondent. the District has appointed more than one Title IX Coordinator, the individual not assigned tobe the ‘itl IX Coordinator in the matter may serve asthe investigator. The investigator will collect and review evidence interview partes and witnesses, and complete an investigative report. ‘The investigator shal strive to compete investigations within twenty-five (25) days ofthe filing ofthe complaint or resumption ofthe investigation ater an unsuccessful informal resolution meeting, which may be extended for good cause with notice (othe partes. The timeline for an investigation may be suspeaded during any informal resolution procedure or meeting, During the investigation, the investigator shall take the following steps:1) Interview the comglinant and respondent and provide each party with the opportunity to identity fat witnesses and submit relevant, legally permissible evidence to the investigator. 2) Interview available witnesses, including those identified by the complainant or respondent provided the witness is available, 4) Provide the partes with an equal opportunity to access relevant, legally permissible gathered evidence or an accurate description of such evidence and to respond tothe investigator regard ng the gathered evidence or accurate description of such evidence, The Distt will tace reasonable steps to ensure thatthe parties donot engage in authorized disclosure of gathered evidence, ‘The investigator will draftan investigation report that fairly summarizes the relevant evidence including, but not limited, interviews with parties and witnesses, writen evidence, audio/video recordings, and site visit Determinations ‘The investigator will prove the decison maker with a report including all evidence obtained during the course ofthe investigation, The decision maker assigned will have no conflicts with biases agains either the complainant or the respondent, ad the Title IX Coordinator or investigator may also be te decision maker forthe complaint. The decision maker shall review all ofthe evidence. Ifthe decision maker is different person than the investigator and the investigator's report leaves party or witness ereibilty in dispute when i i relevant to evaltating one or more allegations, the decision maker may engage in supplemental interviews ir order to adequately assess the party or witness credibility ‘The decision maker shall tien issue a writen determination within fifteen (15) days ofthe conclusion ofthe investigation, absent extenuating circumstances. The decision maker shall ‘thereafter notify the parties in writing ofthe determination as to whether sex discrimination ‘ocourred and the procedures and permissible basis for appeal If tis determined that sex discrimination occurred, the Title IX Cooedinator shall coordinate and implement any necessary remedies and disciplinary actions. An employee found responsible for ‘engaging in sex discrimination is subject to discipline upto and including termination. A student found responsible far engaging in sex discrimination is subject to discipline consistent with state law and applicable student handbook, ismissal ofa Complaint ‘The District may dismiss a complaint it (1) The District is unable to identity the respondent after taking reasonable steps to oso; (@) The respondent is not participating n the District's education program or activity and is not a District employee;(@) The complainant yoluntariy withdraws any or all ofthe allegations in the complaint, the Tite IX Coordinator to initiate a complaint, and the District determines that, without the complainant's withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Tile IX or this policy even if proven; or (4) The District determines the conduct alleged in the complaint, even if proven, ‘would not constittte sex discrimination under Tile IX or this policy Upon a dismissal ofthis section, the District will promptly send writen notice of the dismissal and reason(s) to the parties, as well as procedures for appeal. The District will offer supportive measures tothe parties as appropriate and take other necessary and effective measures to ensure that the conduct does not continue or recur. Withdrawal of a Complaint While Tite IX allegations may be withdrawn, the District may investigate under other stale and federal laws and District policies. Appeals Either party may appeal the outcome ofthe investigation for ane of the following reasons: (1 Procedural regularity affected the outcome; (2) New evidence that was not reasonably available at the time thatthe determin made which could ffeet the outcome; {@) The Title IX Conedinaor, investigator, andlor decision-maker had a conflict of interest of bias Appeals mus be submittedto the Title IX Coordinator within three (3) days ofthe District's ‘understood date of receipt of the writen detcmination and contain a written statement in support or challenge ofthe outcome, |When an appeals fle, the District shall notify the other party and ensure that the individual deciding the appeal isnot the same personas the decision maker who reached the determination regarding responsibility and that the individual has no confit of interests and is ree of bias. ‘The non-appesling party shall have thee (3) days from the date of receipt of the ntice ofthe ‘appeal to submit a written statement to support or oppose the outcome. ‘The individual deeiding the appeal shall issue a written decision describing the result ofthe appeal and rationale forthe decision and provide the decision to both partes generally within ts (10) days of receipt of the ron-appealing partys written statement, or inthe event no statement is submited, the date the shtement would have been due. In addition to the above, if you believe you have been subjected to sex diserimination, you may file a complaint with any ofthe governing azences set forth below. 1) United States Department of Education Office for Civil Rights ~ Region 1 LW. MoCormack Post Office and Court HousePost Office Squixe Boston, MA 02198, (617) 289-0111 2) Equal Employment Opportunity Commission JFK Federal Bui ding 15 New Sudbury Steet, Room 475, Boston, MA 02203, (800) 669— 4000 3) The Massachusets Commission Against Discrimination ("MCAD") One Ashburton "ace — Room 601 Boston, MA 02108, (617) 994-600), LEGAL REFS. Title VII, Section 703, Civil Rights Act of 1964 as amended 45 Federal Regulation 74676 issued by BEO Commission ‘Education Amendments of 1972, 20 U.S.C. 1681 et s09, (Title IX) ‘Board of Education 603 CMR 26:00 REVISED: 2024