5145.52 - Discriminatory Harassment Prohibited

5145.52

Students

Discriminatory Harassment Prohibited

The Board strives to provide a safe, positive learning environment in the schools. Harassment based upon a student’s race, color, (including any form of racial harassment), religion, sex, (including sexual harassment and pregnancy), national origin/ethnicity, physical attributes or disability, (including, but not limited to, mental retardation, past or present history of mental disorder, physical disability or learning disability), parental or marital status, sexual orientation, gender identity/expression, or age is a form of discrimination. In accordance with state and federal nondiscrimination laws, discriminatory harassment of students is prohibited in the District’s education program and activities.

This policy applies to all students, staff members, Board members, parents, vendors, contracted individuals, volunteers, other employees and other visitors -- who are on District grounds or property or on property within the jurisdiction of the District; on buses operated by or for the District; while attending or engaged in District activities; and while away from District grounds if the misconduct directly affects the good order, efficient management, and welfare of the District.

Employees, students, and others are expected to adhere to a standard of conduct that is respectful and courteous to all. The principle of freedom of expression that might otherwise protect the most offensive public speech does not protect or encompass a right to threaten the dignity and privacy of an individual. Such personally directed behavior will not be tolerated. It is contrary to academic values, debilitates its victims, compromises the offenders, and undermines the District’s fundamental commitment to individual freedom and respect for all its members. Furthermore, acts of intolerance may destroy the very atmosphere in which freedom of expression is otherwise tolerated and cherished.

For purposes of this policy, discriminatory harassment consists of verbal, written, graphic, or physical conduct relating to a student’s race, color, (including any form of racial harassment), religion, sex, (including sexual harassment and pregnancy), national origin/ethnicity, physical attributes or disability, (including, but not limited to, mental retardation, past or present history of mental disorder, physical disability or learning disability), parental or marital status, sexual orientation, gender identity/expression, or age when such conduct/harassment is severe, persistent and pervasive and limits a student’s ability to participate in or benefit from the District’s educational program or activities..

Harassment as set forth above may include, but is not limited to:

• verbal, physical, or written intimidation or abuse;

• repeated remarks of a demeaning or condescending nature;

• repeated demeaning jokes, stories, or activities directed at the individual.

Students may make inquiries, reports or complaints of discriminatory harassment based upon the above listed characteristics (except for disability discrimination and sexual harassment) to the District’s Civil Rights Coordinator/Compliance Officer. Students wishing to lodge a complaint of

discriminatory harassment shall use the District’s Student Discrimination Complaint Form accompanying Policy 5145.4 and its regulation. Complaints shall be responded to in accordance with Board Policy 5145.4, Nondiscrimination Toward Students Affirmative Action and its regulation, R 5145.4, Nondiscrimination Toward Students Affirmative Action (R5145.4) containing grievance procedures.

Students specifically alleging sexual harassment are referred to Board Policy 5145.5/4218.112/4118.112, Prohibition Against Sexual Harassment and its regulation, R5145.5/4218.112/4118.112, Prohibition Against Sexual Harassment: Response to Reports of Sexual Harassment and Formal Complaints (R5145.5/4218.112/4118.112). Students are directed to use the forms designed for the informal reporting of sexual harassment and the lodging of a formal complaint that accompany the policy and regulation.

Students alleging discriminatory harassment based upon disability are referred to Board Policy 5145, Section 504 and Title II: Civil and Legal Rights and Responsibilities and is regulation, R5145, Section 504 and Title II (R5145). Students wishing to report discriminatory harassment based upon disability are directed to use the form accompanying Board Policy 5145.4, Nondiscrimination Toward Students Affirmative Action and its regulation, R 5145.4.

Should discriminatory harassment be alleged, it is the policy of this Board that it shall be thoroughly investigated, that there shall be no retaliation against the victim of the alleged harassment, and that the problem/concern shall be appropriately addressed.

The Board strictly prohibits retaliation against any person for filing a complaint, for aiding or encouraging the filing of a report or complaint, or for cooperating in an investigation of discrimination or discriminatory harassment. The Board considers/treats retaliation as a form of discrimination.

Legal Reference:

Connecticut General Statutes:

46a-60 Discriminatory employment practices prohibited.

10-15c Discrimination in public schools prohibited. School attendance by five-year olds. (Amended by P.A. 97-247 to include “sexual orientation)

10-153 Discrimination on account of marital status.

17a-101 Protection of children from abuse.

Federal Law:

Title VII, Civil Rights Act, 42 U.S.C. 2000e, et seq.

29 CFR 1604.11, EEOC Guidelines on Sex Discrimination

Title IX of the Educational Amendments of 1972, 20 U.S.C. 1681 et seq. 34 CFR Section 106.8(b), OCR Guidelines for Title IX.

Definitions, OCR Guidelines on Sexual Harassment, Fed. Reg. Vol 62, #49, 29 CFR Sec. 1606.8 (62 Fed Reg. 12033 (March 13, 1997) and 66 Fed. Reg. 5512 (January 19, 2001)

Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986)

Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)

Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)

Gebser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court,

June 26,1998)

Davis v. Monroe County Board of Education, No. 97-843, (U.S. Supreme Court, May 24, 1999.)

Policy Adopted: March 28, 2013

Policy Revised: October 8, 2020

WINDSOR LOCKS PUBLIC SCHOOLS

Windsor Locks, Connecticut