REPORTING AND RESPONSE

To Building Administrator (or designee). Any adult school employee who witnesses or receives a report, formal or informal, written or oral, of harassment at school or during school-sponsored activities shall report it to the Building Administrator. If the report involves the school Building Administrator, the reporter shall make the report directly to the School District Equity Coordinator or Superintendent.

Building Administrator's Duty. Upon receipt of a report of harassment, the Building Administrator shall decide whether to retain and act upon it at the school site or to forward it directly to the School District Equity Coordinator.

Retained by Building Administrator. If the Building Administrator acts upon the report at the school site, and if the matter is not resolved informally, in accordance with Section B below, he/she shall forward to the School District Equity Coordinator, within five calendar days, a report of any action taken.

Forwarded by School District Equity Coordinator. If the Building Administrator decides to forward the complaint to the School District Equity Coordinator, he/she shall do so immediately, without screening or investigating the report. The Building Administrator may request, but not insist upon, a written complaint. The Building Administrator shall forward to the School District Equity Coordinator:

a written statement of the complaint within 24 hours; and

any available supporting documentation as soon as practicable.

School District Equity Coordinator. The Superintendent shall designate at least one (or two - one of each gender) individual(s) within the School District/Supervisory Union as the School District Equity Coordinator to receive reports of harassment. If the report involves the School District Equity Coordinator(s), the reporter shall refer the complaint directly to the Superintendent. The School District shall prominently post the name, mailing address, and telephone number of its Equity Coordinator.

INFORMAL INQUIRY AND RESOLUTION

The complainant and the alleged harasser(s) may agree to a meeting facilitated by a school employee. If all parties involved agree the situation has been resolved during such meeting, the facilitator shall report to the Building Administrator only that the matter has been resolved informally. If any party involved does not agree that the situation has been resolved, a formal investigation shall be initiated.

INVESTIGATION

Who. Unless the matter is resolved in accordance with Section B, the Building Administrator or School District Equity Coordinator or designee shall conduct an investigation upon receipt of a report or complaint alleging harassment.

How. The investigator will interview individuals involved and any other persons who may have knowledge of the circumstances giving rise to the complaint, and may use other methods and documentation.

When. The investigator shall complete the investigation as soon as practicable, but in no event later than fourteen (14) calendar days following receipt of the complaint.

Result. Upon completion of the investigation, the investigator shall decide if a violation of this policy has occurred and report that decision, along with the evidence supporting it, to the Building Administrator or School District Equity Coordinator and the Superintendent or, if the complaint involves the Superintendent, directly to the School Board, for appropriate action in accordance with School District disciplinary policy.

APPEAL

A person judged to be in violation of the policy on unlawful harassment and subjected to action under it may appeal the determination and/or the action taken as follows:

Student - If the person filing the appeal is a student, the appeal shall proceed in accordance with school district policy governing discipline of students and with legal due process requirements.

2. Staff

Applicable collective bargaining agreement. If the person filing the appeal is an adult school employee who has applicable appeal rights under the grievance procedure in a collective bargaining agreement, the appeal shall proceed in accordance with the person's rights as outlined in that agreement.

 

Other. If the person filing the appeal is an adult school employee who does not have applicable appeal rights under the grievance procedure in a collective bargaining agreement, the appeal shall proceed in accordance with school district policy governing employee discipline and with legal due process requirements.

RETALIATION

Retaliation for reporting harassment or cooperating in an investigation of harassment is unlawful under 21 VSA § 495(a)(5).

RECORDKEEPING AND NOTIFICATION

Recordkeeping. The Superintendent shall assure that a record of any complaint and investigation of harassment as well as the disposition of the complaint and any disciplinary or remedial action taken is maintained by the School District in a confidential file.

Notification. The Superintendent shall assure that the complainant is notified whether allegations of unlawful harassment were found to be valid, whether a violation of the policy occurred, and whether action was taken as a result.

NOTICE

The Superintendent shall provide notice of the policy on unlawful employee harassment and these procedures to all school employees, students, and to custodial parents or guardians of students. Copies of the policy and procedures shall appear in the student and employee handbooks (or other similar publications) as well as publications distributed to parents and community members and shall be posted conspicuously in each school. The notice shall:

Include examples of behaviors which, if sufficiently severe, pervasive, or persistent to interfere with a person's ability to participate in or benefit from school programs, would constitute unlawful harassment; and

Provide the following information about additional methods of pursuing claims of harassment:

A person may make a complaint of harassment to the Vermont Human Rights Commission or the federal Office of Civil Rights at the following places:

Vermont Human Rights Commission (800) 416-2000 or (802) 828-2480 (voice or TTY)

133 State Street

Montpelier, VT 05633-6301

Director, Compliance Division Area II (617) 223-9667

Office for Civil Rights

U.S. Department of Education, Region I

John W. McCormack Post Office & Courthouse, Rm. 222

Post Office Square

Boston, MA 02109