Behavioral Expectations and Discipline Code

STUDENT CODE OF CONDUCT

We expect our students to have the maturity and good judgment to regulate their own behavior and to conduct themselves in a manner that does not violate the rights and privileges of others. Students are required to respect all members of the school community, as well as adhere to school standards/expectations and those provisions of law that apply to student conduct.

DISCIPLINE CODE

Medfield High School maintains procedures that ensure appropriate educational programming for all students, including those that receive disciplinary consequences. In all instances where disciplinary consequences may result, students are afforded due process and restorative practices will be implemented in a timely manner. Those infractions that may result in suspension will result in immediate parent/guardian notification. Parents/guardians and students will be offered the opportunity for a disciplinary hearing to discuss the incident/behavior, as well as possible consequences. Following such due process, the student and parent/guardian will be notified of the resulting consequences in writing. This notification will include a summary of the offense, subsequent disciplinary hearing results, and resulting consequences. If the incident results in a suspension, the notification will also specify the length of suspension (with date of return to school), as well as academic remediation opportunities during and upon return from the suspension.

If the ruling results in long-term suspension, the student and parent/guardian will also be informed of their rights to review all materials used to make the decision, the right to be represented by counsel (at student/parent expense), the right to produce witnesses, the right to cross-examine witnesses presented by the school, and the right to request that the hearing be recorded (and to receive a copy of the recording).

GENERAL DISCIPLINARY CONSEQUENCES

The school district reserves its right to implement additional discipline under the provisions of Mass. Gen. L. ch 71, section 37H.

DETENTION

Teacher Detention

All teachers will handle their own detention for minor incidents occurring within their jurisdiction. Teacher detention will take precedence over all school activities. Teacher detentions may be issued for, but are not restricted to, the following:

Class misconduct may be reflected on the report card by the teacher under the “teacher comment” section. A student will not be penalized academically for classroom misconduct.

Office Detention

Administration may issue detention in addition to teacher-issued consequences. The following are examples of offenses for which students may be assigned office detention:

Failure to serve office detention may result in further disciplinary action. Students are expected to serve all detentions, teacher, and office, immediately upon issuance. Office detentions may be served from 2:15-2:45 on most school days.

SATURDAY SCHOOL

SUSPENSION OR EXPULSION

Serious infractions of the Discipline Code require consequences commensurate with the violation. The school district reserves its right to suspend students for offenses other than those listed within the handbook based on the particular facts of the situation.

The following list is meant to be a representative but not an exhaustive list of potentially suspendable offenses:


PRINCIPAL’S DISCRETION


In every case of student misconduct for which suspension may be imposed, the principal, or his/her designee, shall exercise discretion in deciding the consequence for the offense, except as set forth in G.L. c. 71, § 37H ¾ and as set forth below in the section on Alternative Remedies for Disciplinary Consequences.  The principal shall consider ways to reengage the student in learning and shall attempt to avoid long term suspension as a consequence until alternatives have been tried.  These alternatives may include the use of evidence-based strategies and programs such as mediation, conflict resolution, restorative justice, and positive behavioral interventions and supports. 


ALTERNATIVE REMEDIES FOR DISCIPLINARY CONSEQUENCES

Prior to issuing any disciplinary consequences pursuant to G.L. c. 71, § 37H ¾ and not subject to G.L. c. 71, §§ 37H and 37H ½, as discussed below, the Principal or designee will consider alternative remedies to such consequences. This policy applies only to short-term or long-term suspensions, emergency removals or in-school suspensions, or expulsions that are not issued under G.L. c. 71, §§ 37H and 37H ½. This policy does not apply to disciplinary consequences issued under G.L. c. 71, §§ 37H and 37H ½, which include: assault of educational staff, possession of controlled substances or a dangerous weapon on school grounds, and felony charges or conviction. 

The Principal or designee will consider methods to re-engage the student in the learning process when deciding disciplinary consequences for the student. Specifically, the Principal or designee will consider and use alternative remedies including but not limited to mediation, conflict resolution, restorative justice, and collaborative problem solving. The use and results of such alternative remedies will be documented in writing. The Principal or designee will consider, use to the extent possible, and document in writing such alternative remedies before the Principal or designee may suspend or expel a student. The Principal will also implement school or district models to re-engage students in the learning process, including positive behavioral interventions and supports models and trauma sensitive learning models. The Principal or designee will not implement such models in direct response to a specific incident.

In the event alternative remedies are not feasible, the Principal or designee will document specific reasons as to why such alternative remedies are not suitable or counter-productive, or in situations where the student’s continued presence in school would pose a specific, documentable concern about the infliction of serious bodily injury or other serious harm on another while in school. 


PROCEDURES FOR IN-SCHOOL SUSPENSION OF LESS THAN TEN (10) CUMULATIVE OR CONSECUTIVE SCHOOL DAYS


An in-school suspension may be used as an alternative to short-term suspension for disciplinary events. An in-school suspension means the removal of a student from regular classroom activities, but not from the school premises, for no more than ten (10) consecutive school days, or no more than ten (10) school days cumulatively for multiple infractions in one school year.  


If the principal chooses this alternative, the principal shall inform the student of the disciplinary offense charged and the basis for that charge and provide the student an opportunity to dispute the charge and explain the circumstances surrounding the charge.  If an in-school suspension is issued, the principal shall make at least two documented attempts to notify the parent orally of the disciplinary offense, the reasons for concluding that the student committed the offense, and the length of the in-school suspension.  


The principal shall also invite the parent to a meeting to discuss the student’s academic performance and behavior, strategies for student engagement, and possible responses to the behavior.  This meeting shall be scheduled on the day of the suspension, if possible, or as soon as possible thereafter.  The principal shall also send written notice to the student and parent about the in-school suspension, including the reason and length of the in-school suspension, and inviting the parent to the above described meeting, if such meeting has not already occurred. 


PROCEDURES FOR SHORT-TERM OUT-OF-SCHOOL SUSPENSION

(exclusion of a student from school premises and regular classroom activities for a specified period of not more than ten school days.)


The principal, or his/her designee, may suspend students on a short-term basis. Unless a student poses a danger to persons or property, substantially and materially disrupts the order of school, possesses a firearm, controlled substance, or assaults a school staff member, the student will receive the following prior to a short-term suspension:


a. The disciplinary offense;

b. The basis for the charge;

c. The potential consequences, including the potential length of the suspension; 

d. The opportunity to have a hearing with the principal and the parent concerning the proposed suspension, including the opportunity to dispute the charges and to present the student’s explanation of the alleged incident;

e. The date, time, and location of the hearing; 

f. The right of the parent and student to interpreter services at the hearing; and

g. if the student may be placed on a long-term suspension following the hearing with the principal:


PROCEDURES FOR EMERGENCY REMOVAL


If the student’s continued presence poses a danger to persons or property, and in the principal’s judgment, there is no alternative available to alleviate the danger, the principal may temporarily remove the student from the school without following the procedures for a short term, out-of-district suspension.  This temporary removal shall not exceed two (2) school days following the day of the emergency removal and the superintendent shall be immediately notified of the removal.  Additionally, the principal shall make immediate and reasonable efforts to orally notify the student and student’s parent of the emergency removal, the reason for the emergency removal, and the other information required in a short-term suspension notification.  The short-term suspension notice shall be provided in writing to the student and parent.  The opportunity for a hearing with the principal shall occur within two (2) school days, unless otherwise extended by the school and parent.  A decision regarding the student’s continued suspension or other removal shall be rendered the same say as the hearing and written notice shall be provided the following school day. This written notice shall include all the information required based on the type of discipline imposed (short-term suspension, in-school suspension, long-term suspension, or expulsion).


The principal may also remove a student from privileges, such as extracurricular activities and attendance at school-sponsored events, based on a student’s misconduct.  This type of removal is not subject to the procedures for suspension and expulsion outlined in this policy.


PROCEDURES FOR LONG-TERM SUSPENSION

(exclusion of a student from school premises and regular classroom activities for more than ten school days.)


The principal, or his/her designee, may issue long-term suspensions at the building level. The principal may also issue expulsions for the offenses set forth in M.G.L. c. 71, §37H and §37H½. Expulsions for other offenses are heard by the School Committee pursuant to M.G.L. c. 76, §16 and §17.


i. The disciplinary offense;

ii. The basis for the charge;

iii. The potential consequences, including the potential length of the suspension; 

iv. The opportunity to have a hearing with the principal and the parent concerning the proposed suspension, including the opportunity to dispute the charges and to present the student’s explanation of the alleged incident;


2. The principal shall make reasonable efforts to notify the parent orally of the opportunity to attend the hearing. To conduct the hearing without the parent, the principal must be able to document reasonable efforts to include the parent.  The principal is presumed to have made reasonable efforts if the principal sent written notice and has documented at least two (2) attempts to contact the parent in the manner specified by the parent for emergency notification.


3. In advance of the hearing, the student shall have the right to review the student’s record and the documents upon which the principal may rely in making a determination to suspend the student.  


4. The student shall also have the right to be represented by counsel or a lay person at the choice and expense of the student/parent. 


5. At the hearing, if the student and/or parent elects to attend, the student shall have the opportunity to present his/her version of the relevant facts and any mitigating circumstances. The student shall also have the right to produce witnesses and the right to cross-examine witnesses presented by the school.  The student may request that the hearing be audio recorded by the principal and may request a copy of the recording.  All parties must be made aware that the hearing is recorded in advance of the hearing.


6. The parent, if present, shall have the opportunity to discuss the student’s conduct and other information, including mitigating circumstances, that the principal should consider in determining consequences for the student.


7. The principal shall make a determination as to whether the student committed the disciplinary offences and what consequences shall be imposed.  The principal shall notice the student and parent in writing of his/her decision, including the following information:

i.   The disciplinary offence, the date on which the hearing took place, and the participants in the hearing;

ii.   The key facts and conclusions reached by the principal;

iii.  The length and effective date of the suspension and the date of return to school;

iv.  The notice the student’s opportunity to receive education services to make academic progress during the suspension;

v.   The student’s right to appeal the principal’s decision to the superintendent or his/her designee if a long-term suspension has been imposed.  This notice of appeal shall include the process for appealing the decision, which requires the parent or student to file a written notice of appeal with the superintendent within five (5) calendar days of the effective date of the long-term suspension. The parent or legal guardian or student may request and receive from the superintendent an extension of time for filing the written notice for up to seven additional calendar days. The long-term suspension will remain in effect unless and until the superintendent decides to reverse the principal’s determination on appeal.


The superintendent shall hold the hearing within three (3) school days of the student’s request, unless an extension is mutually agreed to.

a. The superintendent shall make a good-faith effort to include the parent in the hearing.

b. The hearing shall be conducted to determine whether the student committed the disciplinary offense and, if so, what the consequence shall be.       The hearing shall be audio recorded and a copy of the recording shall be provided to the student or parent upon request. 

c. All the same rights as are afforded in the above long-term suspension principal’s hearing shall apply to the student in a superintendent’s hearing. 

d. The superintendent shall issue a written decision within five (5) calendar days of the hearing.  If the superintendent determines that the student committed the disciplinary offense, the superintendent may impose the same or lesser consequence than the principal. 

e. The decision of the superintendent shall be the final decision of the school district. 

vi. If the student is in grades K-3, the principal shall send a copy of the written determination to the superintendent and explain the reasons for the suspension before the suspension takes effect.


EXPULSION


Expulsion is the removal of a student from the school premises, regular classroom activities, and school activities permanently.  Pursuant to M.G.L. c. 71 sect. 37H ½ and sect. 37H, conduct that may lead to expulsion includes but is not limited to possession of a dangerous weapon, assault on school personnel, possession of a controlled substance, and felony convictions/pleading guilty to a felony charge. Procedures associated with expulsion are set forth in both of those named statutes.  


ADDITIONAL PROCEDURAL PROTECTIONS FOR  SPECIAL EDUCATION STUDENTS


In general, special education students may be excluded from their programs for up to ten school days per school year just as any other student. However, when the district seeks to exclude a special education student from his/her program for more than ten school days in the school year, the student’s special education Team (or 504 Team) must first determine whether the student’s behavior was caused by, or was directly and substantially related to his/her disability or whether the conduct in question was the direct result of the district’s failure to implement the student’s IEP or 504 Plan (a “manifestation determination”).

 

If the Team determines that the behavior was a manifestation of his/her disability or was caused by a failure to implement the IEP or 504 Plan, it must conduct a functional behavioral assessment and develop a behavior plan (or review and modify an existing plan, if necessary), and return the student to his/her current program, unless the student’s parents/ guardians and the district agree to a change in placement. If the Team determines the behavior was not caused by, or directly and substantially related to the student’s disability or failure to implement the IEP, the school may discipline the student according to the school’s code of student conduct, except that during the period of suspension or expulsion, the district must continue to provide a special education student (but not a student with a 504 Plan) with a free appropriate public education (FAPE). The District may also consider conducting a functional behavior assessment and providing intervention services and modifications to prevent the conduct from recurring.

If the conduct involves weapons, drugs, or serious bodily injury to any other person on school grounds, a special education student may be removed to an interim alternative educational placement for up to 45 school days regardless of the behavior’s relationship to the disability. The location of this placement will be determined by the student’s Team.

A student who has not been determined to be eligible for special education and related services and who has engaged in behavior that violates a code of student conduct, may assert any of the protections provided for special education students if the school had knowledge that the student was a child with a disability before the behavior that precipitated the disciplinary action occurred. The school’s knowledge of the student’s disability can be demonstrated by:

—The student’s parent/ guardian having expressed written concern to school staff (supervisors or teachers) that the student needs special education;

—The student’s parent/ guardian has recently requested a special education evaluation; or

—School staff having expressed specific concerns about the student’s pattern of behavior directly to the special education department at the school.”

In these circumstances, parent/guardian may request an expedited evaluation. 

Additional information regarding the procedural protections for students with disabilities can be obtained from the Director of Student Services at 508-359-7135.


POSSESSION OF WEAPONS OR CONTROLLED SUBSTANCES

ASSAULT OF EDUCATIONAL PERSONNEL


Massachusetts General Law Ch. 71, §37H authorizes the principal to expel students as follows: 


1. Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon, including, but not limited to, a gun or a knife; or a controlled substance as defined in Chapter Ninety-Four C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal. 

2. Any student who assaults a principal, assistant principal, teacher, teacher’s aide or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal.

3. Any student who is charged with a violation of either paragraph (1) or (2) shall be notified in writing of an opportunity for a hearing; provided, however that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the principal.

After said hearing, a principal may, at his discretion, decide to suspend rather than expel a student who has been determined by the principal to have violated either paragraph (1) or (2).

4. Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the superintendent. The expelled student shall have ten days from the date of the expulsion in which to notify the superintendent of his appeal. The student has the right to counsel at a hearing before the superintendent. The subject matter of the appeal shall not be limited solely to a factual determination of whether the student has violated any provisions of this section. 

5. Any school district that suspends or expels a student under this section shall continue to provide educational services to the student during the period of suspension or expulsion, under section 21 of chapter 76. If the student moves to another district during the period of suspension or expulsion, the new district of residence shall either admit the student to its schools or provide educational services to the student in an education service plan, under section 21 of chapter 76.

6. Districts shall report to the department of elementary and secondary education the specific reasons for all suspensions and expulsions, regardless of duration or type, in a manner and form established by the commissioner. The department of elementary and secondary education shall use its existing data collection tools to obtain this information from districts and shall modify those tools, as necessary, to obtain the information. On an annual basis, the department of elementary and secondary education shall make district level de-identified data and analysis, including the total number of days each student is excluded during the school year, available to the public online in a machine readable format. This report shall include district level data disaggregated by student status and categories established by the commissioner.

7. Under the regulations promulgated by the department, for each school that suspends or expels a significant number of students for more than 10 cumulative days in a school year, the commissioner shall investigate and, as appropriate, shall recommend models that incorporate intermediary steps prior to the use of suspension or expulsion. The results of the analysis shall be publicly reported at the school district level.


A copy of this law may be obtained in the main office.


SUSPENSION/EXPULSION BASED UPON A FELONY CHARGE/CONVICTION M.G.L. c. 71, § 37H½ 


issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal of a school may suspend a student for a period of time determined appropriate by the principal if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent.


The student shall have the right to appeal the suspension to the superintendent. The student shall notify the superintendent in writing of his request for an appeal no later than five calendar days following the effective date of the suspension. The superintendent shall hold a hearing with the student and the student’s parent or guardian within three calendar days of the student’s request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the suspension.


The principal may expel a student who has been convicted, adjudicated, or admitted guilt with respect to a felony or felony delinquency, if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.


The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the superintendent, in writing, of his request for an appeal no later than five calendar days following the effective date of the expulsion. The superintendent shall hold a hearing with the student and the student’s parent or guardian within three calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the expulsion.


A copy of this law may be obtained in the main office.


EDUCATIONAL SERVICES AND ACADEMIC PROGRESS DURING SUSPENSIONS AND EXPULSION


Any student who is serving an in-school suspension, short-term suspension, long-term suspension, or expulsion shall have the opportunity to earn credits, as applicable, make up assignments, test, papers, and other school work as needed to make academic progress during the period of his or her removal from the classroom.  The principal shall inform the student and parent of such opportunity in writing when such suspension or expulsion is imposed. 


Any student expelled or suspended from school for more than ten (10) consecutive days, whether in school or out of school, shall have an opportunity to receive education services and make academic progress toward meeting state and local requirements, through a school-wide education service plan.  This plan will be developed by the principal and shall describe the services that the school district will make available to students who are expelled or suspended for ten (10) or more consecutive days.  The plan will include the process for notifying such students and their parents of the services and arranging the services. 


LEGAL AUTHORITY: M.G.L. c. 71, § 37H

M.G.L. c. 71, § 37H ½ 

M.G.L. c. 71, § 37H ¾ 

M.G.L. c. 76, § 21

603 CMR 53.00 


BULLYING AND HARASSMENT

Medfield Public Schools maintains a comprehensive and thorough Bullying, Harassment, and Retaliation Policy, which is maintained in the School Committee's Policy Manual and is in accordance with M.G.L chapter 71, section 370.

Bullying is defined as acts repeated over a period of time that is intended to intimidate, threaten, harm or harass another individual.

Bullying in school occurs when one or more students or adults repeated written, verbal, electronic, or physical conduct has the purpose or effect of (i) causing physical or emotional harm to the victim or damaging the victim’s property; (ii) placing the victim in reasonable fear of harm to himself or his property; (iii) creating a hostile environment at school for the victim; (iv) infringing on the victim’s rights at school; or (v) interfering with an individual’s educational process or the orderly operation of the school.

Bullying includes cyber-bullying. Cyber-bullying is defined as “bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages, or facsimile communications. Cyber-bullying shall also include (i) the creation of a web page or blog in which the creator assumes the identity of another person or (ii) the knowing impersonation of another person as the author of posted content or messages, if the creation or impersonation creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying. Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying.”

Bullying includes incidents that may not be primarily based within the school/school day, but impact the student’s learning environment. A single incident, depending upon the severity, may constitute bullying or illegal harassment.

A hostile, offensive or intimidating school environment may be created by the following behaviors:

Acts of bullying and cyber-bullying are prohibited:

Reporting Bullying or Harassment

The coordinator for discrimination concerns (Title VI, Title IX, and 504) for the Medfield Public Schools is the Superintendent of Schools. Students who believe they have been bullied and/or harassed or who have concerns about bullying or harassment should speak immediately with an Assistant Principal, designated contact persons for harassment, or with the Principal. The Assistant Principal or designated contact person will interview the student and assist him/her. If the student does not feel comfortable speaking to the designated contact person, the student may contact any staff member with whom he or she feels comfortable.

Non-Discrimination and Prohibition against Sexual Harassment

All Medfield Public School students and staff have the right to an educational environment free from any type of discrimination, including freedom from sexual harassment. The District has a commitment to maintaining a workplace and educational environment where bigotry and intolerance, including discrimination such as harassment on the basis of sex, sexual orientation, and gender identity or expression are not tolerated. Discrimination, including harassment, is contrary to the mission of the District and its commitment to equal opportunity in education.

Complaints and Reports of Sexual Harassment

Upon receiving notice of alleged sexual harassment without a formal complaint, staff members must notify the Title IX Coordinator. The Title IX Coordinator must then contact the complainant within two school days of receiving the complaint and do the following:

The Title IX Coordinator must document in writing the supportive measures offered/provided or why no supportive measures were offered/provided. Complainants and respondents must be offered supportive measures, even if they do not file a formal complaint.

If the complainant declines to file a formal complaint, the Title IX Coordinator must consider whether to sign a formal complaint and start an investigation despite the complainant’s preferences. This decision may be appropriate when safety or similar concerns lead the district to conclude that a non-deliberately indifferent response to actual knowledge of Title IX sexual harassment could reasonably require the school district to investigate and potentially sanction a respondent. A Title IX Coordinator’s decision to override the complainant’s decision not to file a formal complaint must be documented in writing along with an explanation of why this decision was necessary in order to avoid deliberate indifference.

Formal complaints may also be filed directly with the Title IX Coordinator by a complainant in person, by mail, by email, or by telephone at any time, including during non-business hours. The contact information for the Title IX Coordinator is:

Mary Bruhl, Director of Student Services

459 Main Street, Third Floor

Medfield, MA 02052

Phone: (508) 359-7135

mbruhl@email.medfield.net

The complaint may be written by the complainant, or it will be reduced to writing by either the school employee who receives the complaint, the building Principal, or the Title IX Coordinator. Whether the complaint is reduced to writing by a student, parent, or staff member, the written complaint should include the name of the complainant, the name of the alleged victim (if different), the name of the respondent, the location of the school/department where the alleged discriminatory action occurred, the basis for the complaint, witnesses (if any), and the corrective action the complainant is seeking.

There is no time limit or statute of limitation on timing to file a formal complaint. However, at the time of filing a formal complaint, an alleged victim must be participating or attempting to participate in a program or activity of the school district. Additionally, the district has discretion to dismiss a formal complaint where the passage of time would result in the district’s inability to gather evidence sufficient to reach a determination regarding responsibility, or when the district loses responsibility for the respondent (e.g., the respondent no longer attends or is employed by the district).

If the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this policy even if proved, did not occur in the school district’s education program or activity, or did not occur against a person in the United States, then the school district must dismiss the formal complaint under these procedures, but could investigate under other district policies and procedures. The school district must send written notice of any dismissal.

Investigations to allegations of sexual harassment will be prompt and the formal process will be completed within a sixty-day time frame where feasible. There may be a temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

Written Notice

Before any investigation can begin, the district must send written notice to both parties including sufficient details. Sufficient details include the identities of the parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known. The written notice must include a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process. The written notice must inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence. The written notice must inform the parties that the District’s code of conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process. If additional allegations are added during the course of the investigation, additional written notice must be provided.

Informal Resolution

Where appropriate, after notice has been issued, the Title IX Coordinator should also consider offering the parties an option for informal resolution (e.g., mediation). Informal resolution may only be offered after a formal complaint is filed, and the parties must give written consent to engage in this process. Informal resolution may not be used if the allegation is against an employee respondent. Facilitators of informal resolution will be designated by the Title IX Coordinator and must not be biased against any of the parties.

Informal resolution is entirely voluntary. Complainants may elect to pursue formal procedures at any step in the process of making their complaint, even if informal resolution has already begun. Similarly, respondents may elect to follow formal procedures and decline informal resolution.

If the complainant and the respondent feel that their grievances have been sufficiently addressed via informal resolution, then no further action needs to be taken. This voluntary conversation must occur within five (5) school days after receiving the complaint of discrimination or harassment unless both parties agree otherwise. The results of an informal resolution shall be maintained by the facilitator, in writing. If the complainant is not satisfied with the resolution from the informal process, or if he/she does not choose informal resolution, then he/she can begin the formal complaint procedure described below.

Investigation

If informal resolution is not offered to or accepted by the parties, the Title IX Coordinator will designate an investigator and a decision-maker, who may not be the same person.

Prior to completion of the investigative report, the school district will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report.

Findings should be written in a factual way in an investigative report. Credibility determinations may not be based on an individual’s status as complainant, witness, or respondent.

During the investigative process and any further hearings, complainants and respondents have a right to have advisors of their choice participate in all aspects of the proceedings. The district will provide both parties with written notice of investigative interviews, meetings, and hearings, with sufficient time to prepare.

Findings of Responsibility

After the investigator has completed the investigation, the designated decision-maker will be assigned to determine final responsibility or lack thereof for violating Title IX. The decision-maker must not be biased against any of the parties at the outset of this process.

Before the district can determine responsibility, an investigative report will be sent to the parties and the decision-maker will offer both the complainant and respondent the opportunity to submit proposed relevant, written questions to ask of any party or witness, to respond to questions posed by another party, and to offer additional limited follow-up. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker(s) must explain to the party proposing the questions any decision to exclude a question as not relevant.

After this process is complete, the decision-maker will create a written determination regarding whether sexual harassment has occurred using a preponderance of the evidence standard.

A “preponderance of the evidence” means that it is more likely than not that the alleged conduct occurred. The decision-maker shall further recommend what action, if any, is required. If it is determined that sexual harassment occurred, the District will take steps to prevent the recurrence of the harassment and correct its discriminatory effect on the complainant and others if appropriate. Such remedies may include supportive measures.

The written determination must be issued to both parties simultaneously and must include:

(A) Identification of the allegations potentially constituting sexual harassment;

(B) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

(C) Findings of fact supporting the determination;

(D) Conclusions regarding the application of the recipient’s code of conduct to the facts;

(E) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the recipient imposes on the respondent, and whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the complainant; and

(F) The district’s procedures and permissible bases for the complainant and respondent to appeal (a copy of, or direct reference to, this policy will suffice).

Formal disciplinary actions may be imposed in the event that the preponderance of the evidence indicates a violation of this policy, up to and including expulsion or termination. Any disciplinary action will be in accordance with due process rights under State law and any applicable collective bargaining agreement.

As indicated above, these procedures do not limit the District from removing a student or employee from a program or activity on an emergency basis based on immediate threats to people’s physical health or safety or placing an employee on administrative leave during the pendency of the investigation.

Appeals

Any party may appeal the decision in writing to the Superintendent within fifteen (15) school days of receipt of the findings of the formal procedure or a dismissal on the following bases:

(A) Procedural irregularity that affected the outcome of the matter;

(B) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and

(C) The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

The school district will notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties. Both parties will have a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.

The Superintendent or designee, as a further impartial decision-maker, will review the comprehensiveness and accuracy of the investigation and the conclusions, and issue written findings to both the complainant and respondent within thirty (30) school days of the appeal. Contact information for the Superintendent:

Jeffrey J. Marsden, Ed.D- Superintendent

Medfield Public Schools

508-359-2302

jmarsden@email.medfield.net

459 Main Street, Third Floor

Medfield, MA 02052

Retaliation

Complainants and those who participate in the complaint resolution process, or who otherwise oppose in a reasonable manner an act or policy believed to constitute discrimination, are protected from retaliation by law and District policy. The coordinator or designee will inform all involved individuals that retaliation is prohibited and that anyone who feels that they have experienced retaliation for filing a complaint or participating in the resolution process should inform the coordinator. The coordinator will investigate reports of retaliation and, where retaliation is found, take separate remedial and disciplinary action.

Reporting Bullying or Harassment

The coordinator for discrimination concerns (Title VI, Title IX, and 504) for the Medfield Public Schools is the Superintendent of Schools. Students who believe they have been bullied and/or harassed or who have concerns about bullying or harassment should speak immediately with an Assistant Principal, designated contact persons for harassment, or with the Principal. The Assistant Principal or designated contact person will interview the student and assist him/her. If the student does not feel comfortable speaking to the designated contact person, the student may contact any staff member with whom he or she feels comfortable addressing the issue.

Disciplinary Action

Students guilty of bullying/harassment are subject to discipline. The disciplinary action will be commensurate with the severity of the infraction. Should corrective action be warranted, it may include, but is not limited to, any combination of the following: direction to stop the offensive behavior, verbal admonition, detention, loss of leadership positions, suspension, referral for counseling, or recommendation to the School Committee for expulsion.

ANTI-HAZING

Hazing is prohibited under Massachusetts law and will not be tolerated by the school. A student who engages in hazing will be subject to discipline.

Massachusetts General Laws, Chapter 269, Section 17 – Crime of Hazing:

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or be imprisoned in a house of correction for not more than one year or by both such fine and imprisonment. Disciplinary action for school-related hazing is at the discretion of the school administration relative to the severity of the action. The term “hazing” as used in this section and in Section 18 and 19 shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food or liquor/beverage/drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any other such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation. Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.

Chapter 269, Section 18, -- Duty to Report Hazing

Whoever knows that another person is the victim of hazing as defined in Section 17 and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand ($1,000) dollars.

PROHIBITION OF TOBACCO/NICOTINE PRODUCTS

The use of tobacco/nicotine products of any kind, including delivery through vapor (vaping), is prohibited on school property and at school-related events.

ALCOHOL/SUBSTANCE ABUSE POLICY

The use, possession, or sale/distribution of alcoholic beverages or controlled substances on school property or at school-related events is forbidden by state law. A student shall not, regardless of the quantity, use/consume, possess, buy/sell, or give away any beverage containing alcohol or any other controlled substances. Possession of drug paraphernalia is a violation of this substance abuse policy. Additionally, any student who is under the influence of drugs or alcoholic beverages upon arrival, or during, any school-sponsored activity, will be barred from that activity and may be subject to disciplinary action. 


Student-athletes found in violation of the MHS alcohol/substance abuse policy are also in violation of the MIAA alcohol/substance abuse policies.

SCHOOL-RELATED ACTIVITIES

School-related activities include, but shall not be limited to, proms, dances, athletic events, music and theater performances, school-sponsored field trips, etc. The regulations and penalties regarding use of prohibited substances will be in effect during the school day and at all extracurricular and school functions, on and off school property. This applies to all participants and spectators/attendees.

In addition to the following sanctions, students should be aware that violations of this policy may result in expulsion from Medfield High School according to Chapter 71, Section 37H of the Massachusetts General Laws.

First Violation:

Second Violation:

NON-SCHOOL RELATED ACTIVITIES:

(Note: Athletes will also be held to the MIAA Regulations as noted in the Athletics section)

First Violation: When the principal confirms, following an opportunity for the student to be heard, that a violation has occurred, the student may lose eligibility to participate in extracurricular activities for a period of fourteen calendar days.

Students may not participate in performances/events but may participate in practices/rehearsals at the discretion of the advisor or coach.

Second and Subsequent Violation: When the principal confirms, following an opportunity for the student to be heard, that a second or subsequent violation has occurred, the student may lose eligibility to participate in extracurricular activities for eight weeks.

If, after the second or subsequent violation(s), the student on his/her own becomes a participant in an approved chemical dependency program or treatment program, the student may become eligible to participate in extracurricular activities after a minimum period of six weeks. Such certification must be issued by a practitioner from an approved treatment/educational entity.

Offenses shall be cumulative throughout the school year. Penalties, if not completed, will extend into the next academic year. This rule is in effect for all students, regardless of participation at the time of offense.

STATE LAWS INVOLVING SCHOOL CONDUCT

Chapter 269, Section 10 – Prohibition against Firearms in Schools

Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college, or university without the written authorization of the board or officer in charge of such school or college shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, firearm shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet, or pellet can be discharged by whatever means.

CHAP. 94c, SECTION 32J – Drug-Free School Zone

The controlled substance act provides that any person convicted of possessing or selling drugs within 1,000 feet of a public or private school (elementary, vocational, middle, or secondary) whether or not in session shall be punished by a mandatory two-year term of imprisonment.

The registrar shall suspend, without a hearing, the license or right to operate a motor vehicle of a person who is convicted of a violation of this statute, however, that the period of such suspension shall not be licensed to operate a motor vehicle until such person reaches the age of 21 years. In addition, the violator is subject to a fine of not less than $1,000.

CHAP. 71, Section 37H

CHAP. 71 Section 37H 1/2 -- An Act Relative to Safety in Public Schools

Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal, or the headmaster of a school in which the student is enrolled may suspend such student for a period of time determined appropriate by said principal or headmaster if said principal or headmaster determines that the student’s continued presence in school would have a substantially detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and the reasons for such a suspension prior to such suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension, provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent.

Upon a student being convicted of a felony or upon adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster determines that the student’s continued presence in school would have a substantially detrimental effect on the general welfare of the school. The students shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. The student shall also receive written notification of this right to appeal and the process for appealing such expulsion, provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.

CHAP. 71 Section 37H 3/4