SEXUAL HARASSMENT - STUDENTS
General
It is the policy of the Brockton Public Schools to promote and maintain an educational environment that is free from harassment, including sexual harassment. Sexual harassment is against the law and will not be tolerated by the Brockton Public Schools.
Sexual harassment is defined as repeated, unwanted, or unwelcomed verbalisms or behaviors of a sexist nature related to a person's sex or sexual orientation. In addition, sexual harassment includes unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's success as a student, (2) submission to or rejection of such conduct by an individual is used as the basis for educational decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's educational performance or creating an intimidating, hostile or offensive educational environment.
While it is not possible to list all circumstances that may constitute sexual harassment, the following are some examples of conduct that if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances and including the severity of the conduct. Examples of sexual harassment include, but are not limited to the following:
Offensive sexual flirtations, unwelcome sexual advances or propositions
Continued verbal abuse or innuendo of a sexual nature
Uninvited physical contact such as touching, hugging, patting or pinching
Verbal comments of a sexual nature in front of people who find them offensive
Making obscene gestures or suggestive or insulting sounds
The demand of sexual favors accompanied by an implied or overt threat concerning an individual's scholastic status or promise of preferential treatment
Leering or stalking
Indecent exposure
Assault or coerced sexual acts
Requests for sexual favors in exchange for actual or promised scholastic benefits
Complaint Officer:
Kenneth Sennett, Ed.D, Senior Director for Pupil Personnel Services, is the complaint officer for students. Dr. Sennett is vested with the authority and responsibility of processing all harassment complaints in accordance with the procedure outlined below. Dr. Sennett's office is located in the Crosby Administration Building at 43 Crescent Street, Brockton, MA 02301-4311, (508) 894-4266.
Process
A student who believes that he or she has been subjected to sexual harassment should report the incident to any teacher, counselor or administrator as soon as possible.
The teacher, counselor or administrator will report the complaint to the principal or building administrator, who will attempt to resolve the problem in a formal and expeditious manner through the following process:
The principal or building administrator will confer with the individual who feels he or she was subjected to harassment in order to obtain a clear understanding of that individual's statement of facts. After meeting with the complainant, the complainant shall put the complaint of harassment in writing. If the complainant is unable to write a statement, the statement may be written for him/her. In the event that the principal or building administrator puts the complaint in writing, the complainant will review the written complaint for its accuracy and sign and date it. In the event that the complainant does not feel comfortable making the complaint as outlined above, he/she is free to file the complaint with any other administrator. That administrator will then coordinate the processing of the complaint with the principal or building administrator.
The principal or building administrator will then meet with the alleged harasser in order to obtain his or her response to the complaint.
The principal or building administrator may hold as many meetings with the parties as is necessary to gather facts.
The principal or building administrator will meet with other individuals who may have pertinent information.
The principal or building administrator will review any pertinent documents.
The above is an outline of steps to be taken but does not necessarily indicate the chronological order of the sequence of action.
The principal or building administrator will immediately report the incident in writing to the Senior Director of Pupil Personnel Services, if the alleged perpetrator is a student. If the alleged perpetrator is a staff member, the principal or building administrator will report the incident in writing to the Senior Director of Human Resource.
The investigation will be processed in an expeditious manner. Upon completion of the investigation, the principal or building administrator shall prepare a report outlining the findings. Both the complainant and the harasser shall receive the summary.
If the alleged perpetrator is a staff member and if sexual harassment is found to have occurred, the Superintendent shall determine appropriate disciplinary action. The disciplinary action may include: an oral warning or reprimand, a written warning or reprimand to be placed in personnel file, suspension, demotion, termination, or a combination of the above. The report of the investigation and all documentation shall be kept in the complaint officer's confidential files.
In the event that the alleged harasser is a student and if sexual harassment is found to have occurred, disciplinary action will be taken against the student according to the guidelines contained in the elementary, junior high, and high school Disciplinary Manuals.
In addition to the above, if a student believes he/she has been subjected to sexual harassment, the student may file a formal complaint with the Office of Civil Rights of the Department of Education, John McCormack Building, Post Office and Court House, Room 222, Boston, MA 02109-4557, (617) 223-4143.
The Brockton Public Schools announces that any retaliatory action of any kind taken by an employee against any student as a result of that person's seeking redress under these procedures, cooperating in an investigation, or otherwise participating in any proceeding under these procedures is prohibited and illegal, and shall be regarded as a separate and distinct grievable matter under this procedure.
LEGAL REFS.: M.G.L. Chapter 151C
A. Foundations and Basic Commitments Approved: January 6, 2004
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http://www.brocktonpublicschools.com/administration/policy_manual/acaba.html
Here is the official Policy........NOT a lot of Wiggle Room. There is reference to another policy book, but it is not online.