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R 1300 Prohibition Against Harassment, Discrimination and Retaliation

Harassment or discrimination because of an individual’s race, color, national origin, ethnicity, ancestry, religion, sex, sexual orientation, gender identity, disability, age, genetic information, marital status, or any other characteristic protected by law is prohibited in this District. The District also prohibits retaliation against a person who files a complaint of discrimination or harassment or participates in an investigation of allegations of harassment or discrimination.

This Regulation governs and outlines the procedure for filing a complaint by students, employees, parents, and patrons of the District alleging harassment, discrimination, or related retaliation based on a protected classification under the laws identified in Policy 1300 (outside of Title IX). A complaint regarding sexual harassment or related retaliation of a student or employee under Title IX and that is alleged to have occurred on or after August 14, 2020, should be filed in accordance with the procedures outlined in Regulation 1301. A complaint regarding the identification, evaluation, educational program, or placement of a child with a disability under Section 504 of the Rehabilitation Act of 1973 should be filed in accordance with the procedures outlined in Regulation 2110.

DISTRICT’S COMPLIANCE OFFICER

The following person has been designated as the District’s Compliance Officer to handle inquiries or complaints regarding the District’s non-discrimination policies:

Title IX Coordinator Kenton Roeckenhaus

408 Elliott Ave, Chaffee, MO 63740

573-887-3244

kenton.roeckenhaus@chaffeer2.org

The District has designated the Compliance Officer with the responsibility to identify, prevent, and remedy unlawful discrimination and harassment in the District. The Compliance Officer is in charge of assuring District compliance with Policy 1300, this Regulation, Title VII of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; as well as other state and federal nondiscrimination laws. See Regulation 1301 for the individual(s) designated by the District to be the Title IX Coordinator with the responsibility to identify, prevent, and remedy unlawful harassment and related retaliation in accordance with Title IX of the Education Amendments of 1972.

The Compliance Officer will:

  1. *Receive complaints of discrimination or harassment based on a protected characteristic identified in Policy 1300.
  2. Oversee the investigative process.
  3. Assess the training needs of District staff and students in connection with the dissemination, comprehension, and compliance with this Regulation.
  4. Arrange for necessary training required for compliance with this Regulation.
  5. Ensure that investigations are conducted by an impartial investigator.
  6. If a complaint concerns the Compliance Officer or the Compliance Officer’s immediate supervisor, consider appointing an outside investigator.
  7. Report incidents and complaints of antisemitic discrimination or harassment to the DESE Title VI coordinator as required by law.

*If a complaint involves allegations against the Compliance Officer, the complaint must be filed directly with the Superintendent, or, if the Superintendent is the Compliance Officer, with the President of the Board of Education.

 DEFINITIONS

 For purposes of this Regulation, the following terms are defined:

Antisemitic” means relating to antisemitism as defined in this Regulation.  

Antisemitism” means the International Holocaust Remembrance Alliance's Working Definition of Antisemitism, including its contemporary examples as adopted May 26, 2026, as a tool and guide for recognizing and combating antisemitism.

 Compliance Officer” means each District employee the Board designates to coordinate the District’s compliance with Policy 1300, this Regulation, Missouri statutes, and federal nondiscrimination laws.  

 Day” means a calendar day. The District may extend a timeframe or deadline for good cause, including Board-approved holiday breaks and building closures.

Disability” means a physical or mental impairment that substantially limits a major life activity.

Discrimination” means adverse conduct directed at an individual or group because of a protected characteristic identified in Policy 1300. Encouraging, assisting, coercing, or supporting such adverse conduct is also Discrimination.

Harassment” means conduct, including but not limited to, intimidation, ridicule or insult, directed toward an individual or group because of a protected characteristic identified in Policy 1300 or otherwise protected by law that is so severe or pervasive that it:

The Antisemitism section below governs whether conduct is prohibited under § 160.014, RSMo. Conduct governed by that statute need not independently satisfy this general Harassment definition.

For purposes of this Regulation, “sexual harassment” means unwelcome conduct of a sexual nature or based upon sex when a) benefits or decisions are implicitly or explicitly conditioned upon submission to, or consequence is applied for refusing to comply with, unwelcome sexual advances, requests for sexual favors or conduct of a sexual nature; or b) the school or work environment becomes permeated with intimidation, ridicule or insult that is based on sex or is sexual in nature and that is sufficiently severe or pervasive enough to alter the conditions of participation in the district’s programs and activities or the conditions of employment.

Retaliation” means adverse conduct against an individual because the individual made a good-faith complaint, participated in an investigation or resolution process, testified or otherwise participated in a matter involving alleged Discrimination or Harassment.

 Student” means an individual that is currently enrolled as a student of the District.

Illustrations and Examples of Prohibited Harassment

For purposes of this Regulation, determining whether conduct is unwelcome requires a fact-intensive review on a case-by-case basis.

Examples of Sexual Harassment

Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. Legitimate, non-sexual physical conduct necessary to avoid physical harm to persons or property, to console an individual, or resulting from spontaneous movement during a sporting activity is not sexual harassment.

Depending on the circumstances and application of the definitions in this Regulation, examples of conduct that may or may not constitute sexual harassment, include, but are not limited to:

Examples Harassment Based on Protected Characteristics

As defined in this Regulation, examples of conduct that may be considered harassment based on a protected characteristic identified in Policy 1300 include:

ANTISEMITISM

Application of Definition

The District will apply the definition of antisemitism using the context in which the conduct occurred and other relevant factors.

Equal Treatment

Consistent with Policy 1300, the District will treat harassment of or discrimination against students or employees, or harassment or discrimination resulting from District policies or programs, that is motivated by or includes antisemitism identically to comparable discrimination motivated by race.

Prohibited Conduct

For purposes of § 160.014, RSMo, antisemitic conduct is prohibited when it creates an atmosphere or circumstance in which an individual working at, visiting, or attending the District, or using District services or facilities, is physically impeded in that activity or experiences an atmosphere of fear or intimidation.

This standard governs whether conduct is prohibited under § 160.014, RSMo. Conduct that does not satisfy this standard may nevertheless constitute discrimination, harassment, or other prohibited conduct under Policy 1300, this Regulation, or other applicable law.

Criticism of Israel

Criticism of Israel that is similar to criticism of another country is not antisemitic. When determining a complaint regarding possible antisemitic speech relating to criticism of Israel, the District will consider whether the speech:

These considerations are factors among the totality of the circumstances and are not independently determinative of whether the speech is antisemitic. Section 160.014, RSMo, applies to such speech only if the conduct relating to the speech also satisfies the prohibited-conduct standard above.

Protected Rights

The District will not apply Policy 1300 or this Regulation in a manner that diminishes or infringes any right protected by the First Amendment to the United States Constitution or the Missouri Constitution. The District will apply these provisions consistently with federal and state discrimination laws.

OBLIGATION TO REPORT

General Reporting

The District is steadfastly committed to providing an inclusive environment that is free from discrimination and harassment for all of its students and staff. Unless a concern is informally resolved, staff and students must report all incidents of discrimination, harassment, and retaliation to the Compliance Officer as set forth in this Regulation. When a formal complaint is filed with the Compliance Officer, the investigation and complaint process detailed below will apply. The Compliance Officer may determine that the District appropriately addressed the matter through the informal process. Reports of discrimination, harassment, or related retaliation must contain as much specific information as possible to allow the District to assess the nature, extent, and urgency of the matter and any necessary preliminary investigative procedures.

Antisemitic Discrimination or Harassment

A staff member or administrator who receives or becomes aware of an incident or complaint that alleges or reasonably appears to involve antisemitic discrimination or harassment must promptly report the incident or complaint to the Compliance Officer. This requirement applies regardless of whether the matter may be or has been resolved informally.

The Compliance Officer must report incidents and complaints of antisemitic discrimination or harassment to the DESE Title VI coordinator in the manner prescribed by DESE.

DESE Determinations. If the District receives a written determination from DESE under § 160.015, RSMo, identifying antisemitic discrimination or harassment that the District engaged in, allowed, or failed sufficiently to prohibit, the Compliance Officer must promptly provide the determination to the Superintendent. The Superintendent, in consultation with the Compliance Officer, must ensure that the District addresses the issues identified in the determination within 30 days after receipt.

INTERIM MEASURES

The District will take action to protect a complainant or persons subjected to discrimination, harassment, or retaliation as necessary during an investigation. Appropriate interim measures may include physical separation, contact limitations, reassignment, alternative work or assignments, changes to class or bus seating assignments, additional supervision, counseling, training, warning, conferences, exclusion, and employee suspension pending an investigation as permitted by the District’s policies and law.

Additional interim measures to prevent retaliation may include notification of the retaliation prohibition, confirming the individual knows how to report retaliation, and follow-up contact.

INVESTIGATION AND RESPONSE

The District will investigate allegations of harassment, discrimination, or retaliation and take appropriate steps reasonably calculated to resolve the situation, eliminate the misconduct, prevent its recurrence and as appropriate, remedy its effects. The District will take equitable and remedial action within its authority on complaints that come to the attention of the District, either formally or informally.

Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reported to law enforcement or the Children’s Division, or both, as required by law. Regardless of whether the misconduct is reported to law enforcement or the Children’s Division, District staff will investigate to determine what occurred and take appropriate steps to resolve the situation, to the extent that such investigation does not interfere with an ongoing criminal investigation.

Engaging in harassment, discrimination, or retaliation will result in appropriate discipline or other sanctions against offending students, staff, or other third parties involved in District activities. Anyone else who engages in harassment, discrimination, or retaliation on District property or at District activities may be restricted from District property and activities, as appropriate.

Employees and students should fully cooperate with the investigation process.

Informal Process for Resolution

The District takes seriously its obligation to investigate complaints of discrimination, harassment, or retaliation and to take appropriate remedial measures when necessary. The District may satisfy these obligations through an informal process, depending on the circumstances.

Anyone may use informal procedures to report and resolve complaints of harassment, discrimination, or retaliation. If a staff member receives an informal complaint of harassment, discrimination, or retaliation and it cannot be resolved informally, the staff member must notify the appropriate building administrator or supervisor. The administrator or supervisor may attempt to resolve the matter informally and should inform complainants of this Regulation.

Building administrators and supervisors must provide information to the Compliance Officer on a regular basis about complaints reported and resolved through the informal process. An incident or complaint that alleges or reasonably appears to involve antisemitic discrimination or harassment must be reported promptly as provided in the Obligation to Report section and must not be held for periodic reporting.

Informal complaints may become formal complaints at the request of the complainant, parent or guardian, or the District.

During the informal complaint process, the District will take prompt and effective steps reasonably calculated to end the harassment, discrimination, or retaliation and correct any effects on the complainant.

Informal remedies may include, but are not limited to:

The District will inform the complainant (and the complainant’s parent or guardian, when applicable) how to report subsequent problems. The District may conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation and to promptly address continuing or new problems.

Formal Process for Resolution

Step One – Complaint to District

Anyone may initiate a formal complaint of harassment, discrimination, or retaliation by filing a written complaint with the District’s Compliance Officer. At any step in the formal resolution process, where appropriate, the District will take interim measures to protect the complainant or alleged victim before the final outcome of its investigation. Additionally, the District may appoint an outside investigator at any step of the informal or formal resolution process. A subordinate must not investigate his/her supervisor.

The following process will apply at Step One:

Filing of Complaint

Investigation of Complaint

Response to Complaint

Step Two – Appeal to Board of Education

Notice of Appeal

Board Decision

RETALIATION

The District prohibits retaliation against a person who files a complaint of discrimination or harassment, and further prohibits retaliation against a person who participates in related proceedings or investigations.

Notwithstanding this provision, employees or students found to have intentionally made false or materially misleading allegations of suspected discrimination, harassment, or related retaliation under this Regulation may be disciplined, up to and including dismissal or expulsion.

CONFIDENTIALITY

The District will respect the privacy of the complainant, each individual against whom the complaint is filed, and witnesses to the extent possible, consistent with applicable law, the District’s legal obligations to investigate, to take appropriate action, and comply with any discovery or disclosure obligations. The District may disclose information when necessary to investigate, resolve, or hear an appeal of the complaint.

CONSEQUENCES AND REMEDIES

The District will take prompt, effective, and appropriate action to address substantiated discrimination, harassment or retaliation, prevent its recurrence and remedy its effects.

Consequences

Consequences for violations of Policy 1300 and this Regulation may include educational, restorative, rehabilitative, or punitive measures.

Conduct constituting harassment, discrimination, or retaliation may result in discipline including, but not limited to, a written warning or reprimand, conference, required training, “no-contact” order, reassignment, probation, suspension or termination for employees, suspension or expulsion for students, or exclusion from District property.

If the evidence suggests that the conduct at issue may also constitute a crime, the Compliance Officer must report the conduct to the appropriate law enforcement agency charged with responsibility for handling such crimes.

As required by and in compliance with law and District policy, the District will report to the Missouri Children’s Division if there is reasonable cause to suspect abuse or neglect of a child.

Students, employees, and others will not be disciplined for speech protected by law.

Remedies

The District will consider appropriate remedies for the victim. Resources may include additional resources such as counseling, moving or reassignment of the perpetrator, or allowing the victim to retake or withdraw from a class.

A complaint alleging discrimination, harassment, or related retaliation does not necessarily stop, delay, or affect pending personnel actions. Pending actions may include performance evaluations or disciplinary actions involving a reporter who is not performing at acceptable levels or standards or who has violated District policies or regulations.

TRAINING & PUBLICATION OF POLICY

The District will train its employees on Policy 1300 and this Regulation. The training will include appropriate responses to discrimination, harassment, and retaliation and, as appropriate to an employee’s responsibilities, the antisemitism standards and reporting requirements in this Regulation. The District will notify employees that they must report complaints of discrimination, harassment, or retaliation a provided in Policy 1300 and this Regulation.

The District will provide this training annually and at other times the Superintendent, in consultation with the Compliance Officer, determines necessary or appropriate. The District will also provide the Compliance Officer with additional training on identifying, investigating, and reporting conduct that may constitute discrimination, harassment, or retaliation.

District students will be notified of Policy 1300. Policy 1300 will be posted on the District’s website and available in Central Office.

View Policy


Board Approved Date: September 08, 2026
Last Updated: August 2026