Monroe City R-I

Back
Example Zoom search template page
Search for: Results per page:

Match: any search words all search words


R 1300 Prohibition Against Harassment, Discrimination and Retaliation

Harassment or discrimination because of an individual’s race, color, national origin, ancestry, religion, sex, disability, age, genetic information, 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 of harassment or discrimination based on a protected classification by students, employees, parents, and patrons of the District. Students with 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:

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 this Policy and Regulation, Title IX of the Education Amendments of 1972; 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.

The Compliance Officer will:

  1. *Receive complaints of discrimination or harassment based on an individual’s race, color, national origin, ancestry, religion, sex, disability, age, genetic information, or any other characteristic protected by law.
  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. Insure that investigations are conducted by an impartial investigator.
  6. In the event the complaint is about the Compliance Officer or Compliance Officer’s immediate supervisor, the District will consider appointment of an outside investigator.

*If any complaint involves the Compliance Officer, the Complaint shall be filed directly with the Superintendent or President of the Board of Education.

DEFINITIONS

For the purpose of this Regulation and Policy 1300, the following terms are defined:

Compliance Officer:  The District employee(s) designated by the Board of Education to coordinate the District’s compliance with District policy, Missouri statutes, and federal laws regarding discrimination, harassment and retaliation based on an individual’s race, color, national origin, ancestry, religion, sex, disability, age, genetic information, or any other characteristic that is protected by law.

Disability:  A physical or mental impairment that substantially limits a major life activity. 

Discrimination:  Adverse conduct directed at an individual or group based on  race, color, national origin, ancestry, religion, sex, disability, age, genetic information, or any other characteristic that is protected by law.  The encouragement, cooperation, coercing, or support of adverse conduct that is based on race, color, national origin, ancestry, religion, sex, disability, age, genetic information, or any other characteristic that is protected by law is discrimination.

Harassment:  Harassment is conduct, including but not limited to, intimidation, ridicule or insult, toward an individual or group because of race, color, national origin, ancestry, religion, sex, disability, age, genetic information, or any other characteristic that is protected by law and is so severe or pervasive that it:

For the purposes of this Regulation, sexual harassment is defined as 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.

A student regardless of age cannot consent to behavior of a sexual nature with an adult irrespective of the circumstances.

Retaliation:  Adverse conduct including, but not limited to, conduct of a coercive, intimidating, threatening, discriminatory, or harassing nature because of an individual’s good faith complaint, participation in the investigation, testifying, or resolution of discriminatory or harassing conduct based on an individual’s race, color, national origin, ancestry, religion, sex, disability, age, genetic information, or any other characteristic that is protected by law.

Student:  An individual that is currently enrolled as a student of the District.

Illustrations and Examples of Prohibited Harassment

For the purpose of this Regulation and Policy 1300 the determination if conduct as unwelcome is a fact-intensive question that shall be considered 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 spontaneous movement during a sporting activity is not sexual harassment.

Depending on the circumstances, examples of conduct, which may constitute sexual harassment as defined in this Regulation, include, but are not limited to:

Examples of Race, Color, Nation Origin, Ancestry, Religion, Disability, Age or Genetic Information Harassment

As defined in this Regulation, examples of conduct that may be considered harassment based on an individual’s race, color, national origin, ancestry, religion, disability, age, or genetic information,  or any other characteristic that is protected by law include, but are not limited to:

OBLIGATION TO REPORT

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 shall 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 be used, including a possible determination by the Compliance Officer that the incident has been appropriately addressed through the informal process.  Reports of discrimination, harassment and/or related retaliation must contain as much specific information as possible to allow for proper assessment of the nature, extent and urgency of preliminary investigative procedures. 

INTERIM MEASURES

The District will take action to protect a complainant or persons subjected to discrimination, harassment, or retaliation as necessary during the course of an investigation.  Appropriate interim measures will be offered and may include, but are not limited to, physical separation, contact limitations, reassignment, alternative work or assignments, altering 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, but are not limited to, 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, and/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 and/or the Children’s Division. Regardless of whether the misconduct is reported to law enforcement and/or the Children’s Division, school 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, and/or retaliation will result in appropriate discipline or other appropriate sanctions against offending students, staff or other third parties involved in District activities.  Anyone else who engages in harassment, discrimination, and retaliation on school property or at school activities will have their access to school property and activities restricted, as appropriate.

Employees and students should fully cooperate with investigation process.

Informal Process for Resolution

The District takes seriously the obligation to investigate complaints of discrimination, harassment, or retaliation and to take appropriate remedial measures when necessary. The District recognizes that the obligation to investigate and remedy may be accomplished through an informal process, depending on the circumstances.

Anyone may use informal procedures to report and resolve complaints of harassment, discrimination, and retaliation. If a staff member receives an informal complaint of harassment, discrimination, and/or retaliation and the complaint cannot be resolved informally, the staff member shall inform their relevant building administrator or supervisor.  The administrator/supervisor may attempt to resolve the matter informally and should inform complainants of Policy & Regulation 1300. 

Building administrators/supervisors shall provide information to the Compliance Officer on a regular basis about complaints reported and resolved through the informal process.

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

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

Informal remedies may include, but are not limited to:

The District will inform the complainant (and their parent/guardian when applicable) how to report any subsequent problems. Additionally, the District may conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation, and to promptly respond and appropriately 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 the District’s investigation.  Additionally, the District may appoint an outside investigator at any step of the informal or formal resolution process.  A subordinate shall not investigate his/her supervisor.

The following process will be followed 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 and/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, the individuals against whom the complaint is filed, and the witnesses to the extent possible, consistent with applicable law, the District’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.  However, pursuant to the District’s discretion, information may be disclosed, if necessary, to aid in the investigation, resolution, or 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 this Policy and Regulation may have educational, restorative, rehabilitative and/or punitive components.

Conduct constituting harassment, discrimination or retaliation as defined in this Regulation will be subject to discipline including, but not limited to, 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.

In the event that the evidence suggests that the conduct at issue is also a crime in violation of a Missouri criminal statute, the District Compliance Officer shall 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, a report will be made 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 in circumstances where it is protected by law.

Remedies

The District will consider remedies for the victim as appropriate including, but are not limited to, providing additional resources such as counseling, moving or reassignment of the perpetrator, or allowing the victim to retake or withdraw from a class. 

An allegation of discrimination, harassment and/or related retaliation complaint may not necessarily stop, delay or affect pending personnel actions.  This includes, but is not limited to, performance evaluations or disciplinary actions related to 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 this Policy and Regulation.  The training will include the requirements of nondiscrimination and the appropriate responses to discrimination, harassment, and retaliation.  The District will notify its employees to report complaints of discrimination, harassment or retaliation in accordance with this Policy.  This training will be provided to employees on an annual basis, and at such other times as the Superintendent, in consultation with the District’s Compliance Officer, determines is necessary or appropriate.  Additionally, the District will provide additional training to the District Compliance Officer on identifying, investigating, and reporting on acts that may constitute discrimination, harassment or retaliation.  District students will be notified regarding this Policy. This Policy will be posted on the District’s website and available in Central Office.


Board Approved Date: February 12, 2018