Bullying and Harassment

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:

• Degrading, demeaning, insulting, or abusive verbal statements, unwelcome physical conduct or contact, or writing of a sexual nature or related to a student’s race, color, religion, national origin, ethnic background, gender, gender identity, sexual orientation, or disability.

• “Cyber-bullying” in which bullying occurs through the use of technology or any electronic communication, including social networking websites.

• Graffiti, slogans or other visual displays (such as swastikas and burning crosses) which contain slurs or insults directed towards another person.

• Treatment of a student in a more or less unfavorable way because the student submitted to, or rejected sexual advances or requests for a social relationship.

• Unwelcome sexual advances, including same-gender harassment.

Acts of bullying and cyber-bullying are prohibited:

• On school grounds, property immediately adjacent to school grounds, at a school-sponsored or school-related activity, function, or program, whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or used by a school district or school, or through the use of technology or an electronic device owned, leased or used by a school district; and

• At a location, activity, at a function, or program that is not school-related, or through the use of technology or an electronic device that is not owned, leased, or used by a school district or school, if the acts create a hostile environment at school for the target, infringes on their rights at school, or materially and substantially disrupts the education process or the orderly operation of a school.

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.

• Retaliation against a person who reports bullying or harassment, who provides information during an investigation of bullying or harassment, or who witnesses or has reliable information about bullying or harassment is prohibited.

• Reports of bullying or retaliation may be made anonymously, but no disciplinary action shall be taken against a student solely on the basis of an anonymous report.

• Students who knowingly make false accusations of bullying will be disciplined.

• The Assistant Principal or designee shall promptly investigate all reports of bullying or retaliation, giving consideration to all available information, including the nature of the allegations and ages of the students involved.

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.

MEDFIELD PUBLIC SCHOOLS. SEXUAL HARASSMENT/ TITLE IX POLICY (Updated 2024)

The District does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in

admission and employment.  

Inquiries about Title IX may be referred to the District’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both.  The District’s Title IX Coordinator is Mary Bruhl, Director of Student Services, 459 Main St. 3rd Floor, Medfield, 508-359-7135.  The District’s Title IX Coordinator may delegate specific duties to one or more designees as the Title IX Coordinator finds appropriate.  

The District’s nondiscrimination policy and grievance procedures can be located below.  The District has adopted these grievance procedures to provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please refer to the procedures below.

Definitions

Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Under state law, sexual harassment is sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment under Massachusetts law when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's advancement (quid pro quo harassment);

• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions;

• Such conduct interferes with an individual's job duties; or

• The conduct creates an intimidating, hostile or offensive work environment.

Under Federal law, sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

• Quid pro quo harassment. An employee, agent, or other person authorized by the District to provide an aid, benefit, or service under the District’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;

• Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the District’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

  • The degree to which the conduct affected the complainant’s ability to access the District’s education program or activity;

  • The type, frequency, and duration of the conduct;

  • The parties’ ages, roles within the District’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

  • The location of the conduct and the context in which the conduct occurred; and

  • Other sex-based harassment in the District’s education program or activity.

•  Specific offenses.

  • Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

  • Dating violence meaning violence committed by a person:

    • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

    • Where the existence of such a relationship shall be determined based on a consideration of the following factors:

      • The length of the relationship;

      • The type of relationship; and

      • The frequency of interaction between the persons involved in the relationship;

  •  Domestic violence meaning felony or misdemeanor crimes committed by a person who:

    • Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the District, or a person similarly situated to a spouse of the victim;

    • Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

    • Shares a child in common with the victim; or

    • Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or

• Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  • Fear for the person’s safety or the safety of others; or

  • Suffer substantial emotional distress

The following additional definitions apply:

“Complainant” means:

• A student or employee who is alleged to have been subjected to conduct that could

constitute sex discrimination under Title IX or its regulations; or

• A person other than a student or employee who is alleged to have been subjected to

conduct that could constitute sex discrimination under Title IX or its regulations and who

was participating or attempting to participate in the District’s education program or activity at the time of the alleged sex discrimination.

“Complaint” means an oral or written request to the District that objectively can be understood as a request for the District to investigate and make a determination about alleged discrimination under Title IX or its regulations.  The Title IX Coordinator will file this complaint if the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other person, or that the conduct as alleged prevents the District from ensuring equal access on the basis of sex to its education program or activity.  The following factors go into the decision by the Title IX Coordinator:

• The complainant’s request not to proceed with initiation of a complaint;

• The complainant’s reasonable safety concerns regarding initiation of a complaint;

•  The risk that additional acts of sex discrimination would occur if a complaint is not initiated;

• The severity of the alleged sex discrimination, including whether the discrimination, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;

• The age and relationship of the parties, including whether the respondent is an employee of the District;

• The scope of the alleged sex discrimination, including information suggesting a pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted multiple individuals;

• The availability of evidence to assist a decisionmaker in determining whether sex discrimination occurred; and

• Whether the District could end the alleged sex discrimination and prevent its recurrence without initiating its grievance procedures. 

“Disciplinary sanctions” means consequences imposed on a respondent following a determination under Title IX that the respondent violated the District’s prohibition on sex discrimination.

“Relevant” means related to the allegations of sex discrimination under investigation as part of these grievance procedures. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

“Remedies” means measures provided, as appropriate, to a complainant or any other person the District identifies as having had their equal access to the District’s education program or activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to the District’s education program or activity after a District determines that sex discrimination occurred.

“Respondent” means a person who is alleged to have violated the District’s prohibition on sex discrimination.

“Retaliation” means intimidation, threats, coercion, or discrimination against any person by the District, a student, or an employee or other person authorized by the District to provide aid, benefit, or service under the District’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.

“Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

“Supportive measures” means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

• Restore or preserve that party’s access to the District’s education program or activity, including measures that are designed to protect the safety of the parties or the District’s educational environment; or

• Provide support during the District’s grievance procedures or during an informal resolution process.

“Parental status” means the status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is:

• A biological parent;

• An adoptive parent;

• A foster parent;

• A stepparent;

• A legal custodian or guardian;

• In loco parentis with respect to such a person; or

• Actively seeking legal custody, guardianship, visitation, or adoption of such a person

“Pregnancy or related conditions” means:

• Pregnancy, childbirth, termination of pregnancy, or lactation;

• Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

• Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Complaints and Reports of Sexual Harassment

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that the District investigate and make a determination about alleged discrimination under Title IX:

A “complainant,” which includes:

• a student or employee of the District who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or

• a person other than a student or employee of the District who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in the District’s education program or activity;

• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or

• the District’s Title IX Coordinator

Note that a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of 34 C.F.R. § 106.44(f)(1)(v).

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

• Any student or employee of the District; or

• Any person other than a student or employee who was participating or attempting to participate in the District’s education program or activity at the time of the alleged sex discrimination.

The District may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or

circumstances.  The District cannot consolidate if it would violate FERPA.  Consolidation would not violate FERPA when a District obtains prior written consent from the parents or eligible students to the disclosure of their education records.  

The District will address a sex- based hostile environment allegation under its education program or activity, even when some conduct alleged to be contributing to the hostile environment occurred outside the District’s education program or activity or outside the United States.  .

Obligation to Report

All employees must notify the building principal or the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination under Title IX.  

Informal Resolution

In lieu of resolving a complaint through the District’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. the District does not offer informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student, or when such a process would conflict with Federal, State, or local law.

Facilitators of informal resolution will be designated by the Title IX Coordinator and must not be biased against any of the parties.  Prior to beginning informal resolution, the Title IX Coordinator will send notice to the parties of the process and their rights.  

Informal resolution is entirely voluntary. Parties may elect to pursue formal procedures at any step in the process of making their complaint, including prior to filing one. 

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 thirty (30) school days after receiving the allegations, unless both parties agree otherwise. The results of an informal resolution shall be maintained by the facilitator, in writing. 

Supportive Measures

Upon receiving actual 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 five school days of receiving the complaint and do the following: 

• Discuss and offer supportive measures; 

• Consider the complainant’s wishes with respect to supportive measures; 

• Explain that supportive measures may be received with or without filing a complaint; 

• Determine whether the complainant wishes to file a complaint; and

• Explain to the complainant the purpose of filing a complaint.

The Title IX Coordinator must document in writing the supportive measures offered/provided or why no supportive measures were offered/provided.  

A respondent will be offered supportive measures if the District has initiated a Title IX complaint or if the District has offered informal resolution.  If the Title IX Coordinator is initiating the complaint, the Title IX Coordinator will notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing supportive measures.  

Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The district must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.

If the complainant or respondent is a student with a disability, the Title IX Coordinator will consult with one or more members, as appropriate, of the student’s IEP or 504 Team to determine how to comply with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, in the implementation of supportive measures.

Grievance Process Overview 

During the grievance process, the District will treat complainants and respondents equally.  

the District requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A decisionmaker may be the same person as the Title IX Coordinator or investigator.

The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

The District has established the following timeframes for the major stages of the grievance procedures: 

• Within five business days, the District will decide whether to dismiss or investigate a complaint.  

• Within sixty business days, the District will investigate and decide on the complaint.  

• The parties will have ten calendar days to appeal a decision from the decision-maker or of a decision to dismiss the complaint.  The District will decide an appeal within thirty calendar days of receipt.  

The District will provide all parties with a reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay.  If a party is seeking an extension, they should request an extension from the Title IX Coordinator in writing, explaining the reasons for the requested extension.  The Title IX Coordinator will rule on the extension in writing to all parties.  If the District requires an extension for good cause, it will notify all the parties of the reasons.  

The District will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

The District will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

• Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;

• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and

• Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual

conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

Notice of Allegations:

Upon initiation of the District’s Title IX grievance procedures, the District will notify the parties of the following:

• the District’s Title IX grievance procedures and any informal resolution process;

• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the alleged incident(s);

• Retaliation is prohibited; and

• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence. 

If, in the course of an investigation, the District decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, the District will notify the parties of the additional allegations.

Dismissal of a Complaint:

The District may dismiss a complaint of sex discrimination if:

• the District is unable to identify the respondent after taking reasonable steps to do so;

• The respondent is not participating in the District’s education program or activity and is not employed by the District;

• The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines 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 Title IX even if proven; or

• the District determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, the District will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.

The District will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then the District will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

• Procedural irregularity that would change the outcome;

• New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and

• The Title IX Coordinator, investigator, or decision maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

If the dismissal is appealed, the District will:

• Notify the parties of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;

• Implement appeal procedures equally for the parties;

• Ensure that the decision maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;

• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX

regulations;

• Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and

• Notify the parties of the result of the appeal and the rationale for the result.

When a complaint is dismissed, the District will, at a minimum:

• Offer supportive measures to the complainant as appropriate;

• If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and

• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within the District’seducation program or activity.

Investigation:

The District will provide for adequate, reliable, and impartial investigation of complaints.

The burden is on the District—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

The District uses a single investigator/decision-maker.  

The District will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

The District will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

The District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination and not otherwise impermissible, in the following manner:

• the District will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence; 

• the District will provide a reasonable opportunity to respond to the evidence; and 

• the District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

Questioning the Parties and Witnesses:

The District will require the decisionmaker to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex discrimination. The decision maker will question witnesses and parties directly to make this determination. 

Determination Whether Sex Discrimination Occurred:

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, the District will:

Use the preponderance of the evidence  standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.

The decision maker will:

• Notify the parties in writing of the determination whether sex discrimination occurred under Title IX including the rationale for such determination, and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;

• Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.

• If there is a determination that sex discrimination occurred, the Title IX Coordinator will, as appropriate:

  • Coordinate the provision and implementation of remedies to a complainant and other people the District identifies as having had equal access to the District’s education program or activity limited or denied by sex discrimination;

  • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and

  • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the District’s education program or activity.

  • Comply with the grievance procedures before the imposition of any disciplinary sanctions against a respondent; and

  • Not discipline a party, witness, or others participating in the grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

Following a determination that sex-based harassment occurred, the District may impose disciplinary sanctions, which may include revocation of privileges, detentions, suspensions or expulsions.  The District may also provide remedies, which may include supportive measures, counseling, stay away orders, class switches or any additional measures that are appropriate.  

After the grievance process, the District may as appropriate, modify or terminate supportive measures.  If the District does so, it will provide the parties to timely seek from an appropriate and impartial employee, modification or reversal of the District’s decision to provide, deny, modify, or terminate supportive measures applicable to them. The impartial employee will be someone other than the employee who made the challenged decision and must have authority to modify or reverse the decision, if the impartial employee determines that the decision to provide, deny, modify, or terminate the supportive measure was inconsistent with the definition of supportive measures. The District will also provide a party with the opportunity to seek additional modification or termination of a supportive measure applicable

to them if circumstances change materially.  

Appeal

Any party may appeal the decision of the Decision Maker in writing to the Superintendent within fifteen (15) school days of receipt of the findings of the formal procedure.  The Superintendent, as an 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:          Dr. Jeffrey Marsden, Superintendent. ................................508-359-2302

Training 

All employees will be trained annually and upon hire on:

• the District’s obligation to address sex discrimination in its education program or activity;

• The scope of conduct that constitutes sex discrimination, including the definition of sex-based harassment; and 

• All applicable notice and information requirements.

All investigators, facilitators of informal resolution, decision makers and other persons responsible for supportive measures/Title IX process will have additional training on:  

• The District’s grievance procedures; 

• How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; 

• The meaning and application of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance; and 

• rules and practices associated with the district’s informal resolution process and on how to serve impartially, including by avoiding conflicts of interest and bias.

In addition, the Title IX Coordinator and designees will receive training on their specific responsibilities, recordkeeping and any other training necessary to implement Title IX.  

Records

A record will be maintained for a period of seven years of any actions, including supportive measures or informal resolution, taken in response to a report or complaint and district staff will document the basis for the district’s conclusion that its response was not deliberately indifferent.

External Grievance Procedure

Any student, parent or employee who chooses not to use the District's internal grievance procedures or who is not satisfied with the District's internal grievance procedures may file a complaint of discrimination or harassment with an appropriate state or federal agency.

For complaints related to discrimination/harassment of students:

The Office for Civil Rights, US Department of Education

5 Post Office Square, 8th Floor

Boston, MA 02109-3921

Telephone: 617-289-0111, FAX: 617-289-0150, TDD: 877-521-2172

OR

The Massachusetts Commission Against Discrimination

One Ashburton Place

Sixth Floor, Room 601

Boston, MA 02108

Phone 617-994-6000, TIY: 617-994-6196

For complaints related to discrimination/harassment of parents:

The Office for Civil Rights, US Department of Education

5 Post Office Square, 8th Floor

Boston, MA 02109-3921

Telephone: 617-289-0111, FAX: 617-289-0150, TDD: 877-521-2172

For complaints related to discrimination/harassment of employees:

The Office for Civil Rights, US Department of Education

5 Post Office Square, 8th Floor

Boston, MA 02109-3921

Telephone: 617-289-0111, FAX: 617-289-0150, TDD: 877-521-2172

OR

The Massachusetts Commission Against Discrimination

One Ashburton Place

Sixth Floor, Room 601

Boston, MA 02108

Phone 617-994-6000, TIY: 617-994-6196

OR

The Equal Employment Opportunities Commission

John F. Kennedy Federal Building

475 Government Center

Boston, MA 02203

Phone: 1-800-669-4000

Referral to Law Enforcement, Other Agencies

Some alleged conduct may constitute both a violation of District policies and criminal activity. The building Principal, coordinator, Superintendent, or designee will refer matters to law enforcement and other agencies as appropriate under the law or District policy, and inform the complainant/ alleged victim of the right to file a criminal complaint. 

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.