| Protecting Students From Harassment and Discrimination |
General Provisions.-- The School Board of Palm Beach County, Florida, as governing body of the School District ("School District" or "District"), does not condone harassment or discrimination against any of its students or applicants for admission for any reason including, but not limited to, gender expression and/or gender identity, race, color, religion, national origin, age, disability, marital status, ancestry, ethnicity, gender, linguistic preference, political beliefs, sexual orientation, or social/family background in its education programs or admissions to education programs and therefore prohibits such discrimination against, or harassment of, any student by any Board member, District employee, consultant, contractor, agent, visitor, volunteer, student, or other person in the school or outside the school at school-sponsored events, on school buses, and at training facilities or training programs sponsored by the District.
In an effort to promote an environment free of discrimination and harassment, the Board has adopted this policy prohibiting harassment of, or discrimination against, Students in order to prevent, investigate, and take prompt, equitable, and appropriate action with regard to alleged discrimination and harassment. In addition to this policy, the Board has adopted a separate Policy prohibiting sexual harassment of, or discrimination against, students (Policy 5.81).
The School Board believes that all students are entitled to a safe, equitable, and harassment-free school experience. Discrimination and harassment will not be tolerated and shall be just cause for disciplinary action.
This Policy shall be interpreted and applied consistent with all applicable state and federal laws and the Board's collective-bargaining agreements.
Definitions.-- For purposes of this Policy, the following definitions shall apply:
Accused/employee is defined as a School District employee alleged to be responsible for the violation alleged in the complaint.
Accused/student is defined as a student alleged to be responsible for the violation that is alleged in the complaint.
Complaint is defined as written allegations regarding any action, policy, procedure, or practice prohibited by this policy.
Complainant is defined as a student of, or applicant for admission to, the District who submits a written complaint of harassment or discrimination or an individual or group submitting a complaint on behalf of a student(s).
Day is defined as a working day and this term does not include weekends or holidays unless noted as “calendar day.”
Gender identity or expression means a gender-related identity, appearance, expression or behavior of an individual, regardless of the individual’s assigned sex at birth.
Minor, or minor student, is defined as any student who has not yet attained the age of eighteen (18). For purposes of this policy, the term should also be construed to include an adult student who has been determined incompetent or unable to give informed consent due to disability under state law. Note: any procedure in this Policy mentioning a minor student's parent/guardian should also be construed to include an adult student's parent, if the adult student has given consent. For example, where the Policy requires giving notice to the parent of a minor student, this requirement also includes notice to the parent of an adult student who has given consent for the parent to receive the notice. The notice would also be given to the parent of any adult student who has been determined to be incompetent or unable to give informed consent due to disability under state law.
Parties is defined as the accused student and/or accused/employee, and the complainant.
Sexual orientation means actual or perceived homosexuality, heterosexuality and bisexuality.
School Official, for purposes of this Policy, is defined as School Board employees, principals, assistant principals, teachers, and school police officers who have the duty of reasonable supervision with respect to student activities.
Title IX Coordinator and ADA/504 Specialist.-- Equal educational opportunities are guaranteed by Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973. The District has designated the Equal Employment Opportunity ("EEO") Coordinator as the person responsible for ensuring that students and their custodial parent(s)/guardian receive information related to discrimination and harassment.
The EEO/Title IX Coordinator is located at: 3370 Forest Hill Boulevard, Suite, A-115, West Palm Beach, Florida 33406; Telephone: (561) 434-8637.
For those complaints concerning the Americans with Disabilities Act ("ADA") or Section 504 of the Rehabilitation Act, the District has designated an ADA/504 Specialist.
The ADA/504 Specialist is located at 3308 Forest Hill Boulevard, Suite C-143, West Palm Beach, Florida, 33406; Telephone: (561) 434-8817.
This contact information is to be posted in highly visible locations at each school including the main office, the guidance waiting area, and student services.
Prohibited Harassment.-- For purposes of this Policy, harassment occurs when conduct is sufficiently severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with a student’s performance or ability to benefit from his/her education, or creates an objectively intimidating, hostile, offensive, or abusive school environment. Types of conduct which are prohibited in the District and which may constitute harassment include, but are not limited to:
demeaning or derogatory comments, name-calling, racial slurs, or jokes, threats, abusive words, gestures, or harm to an individual;
displaying visual or written material, including notes, stories, drawings, or pictures, or defacing school property or materials to demean a person;
damaging, defacing or destroying private property of any person;
bullying;
requests for sexual favors and other conduct of a sexual nature as set forth in Policy 5.81; or
any act of retaliation against an individual who reports a violation of the Board's harassment and discrimination policy or participates in the investigation of a discrimination or harassment complaint.
GRIEVANCE PROCEDURE FOR HARASSMENT OR DISCRIMINATION BY STUDENTS -- Investigation and Resolution of Complaints Against an Accused/Student
Reporting Discrimination or Harassment.-- Any student or applicant for admission who believes he/she is a victim of discrimination or harassment (or any individual, including any student, teacher, or other employee of the District, who has knowledge of any incident(s) involving discrimination or harassment of students) is strongly encouraged to report the incident(s) in writing to the principal or other school official or the EEO/Title IX Coordinator and ADA/504 Specialist.
School officials must report in writing any allegations of discrimination or harassment to the principal and to the EEO/Title IX Coordinator and ADA/504 Specialist.
School officials must instruct students and their custodial parent(s)/guardian that the student, or custodial parent(s)/guardian on behalf of the minor student, as defined in paragraph (6)(f), may file a written complaint with the principal/designee, EEO/Title IX Coordinator and/or ADA/504 Specialist.
The principal/designee shall document all complaints in writing to ensure that problems are appropriately addressed. Although this Policy encourages students to use the formal written complaint process, school officials "should investigate all complaints and reports of harassment, whether or not the complaint is in writing," as stated by the Office for Civil Rights in Protecting Students from Harassment and Hate Crime: A Guide for Schools, Part II (1999).
It is the responsibility of the principal to forward all complaints within two (2) work days to the area superintendent, EEO/Title IX Coordinator, and ADA/504 Specialist. Failure by the principal to respond to a complaint within two (2) work days will automatically allow the complainant to re-file the complaint with the area superintendent.
Principal Involvement.-- If the principal is directly and personally involved with a complaint or is closely related to a party to the complaint, then the area superintendent shall be asked to conduct the investigation.
Informal Resolution.-- Where appropriate, the complainant and the accused/student may agree to informally resolve the complaint. Complaints should be made as soon as possible but no later than one hundred eighty (180) calendar days after the alleged incident (that is, within 180 days after the last act of harassment or discrimination). (Note: the principal must document, in writing, any complaint, even if made informally; and the complainant must be requested to sign the writing to verify its accuracy.)
The principal/designee may arrange for the parties to resolve the complaint informally through a voluntary conversation between the complainant and the accused/student, facilitated by the principal/designee within two (2) work days of receiving the complaint. Both the complainant and the accused/student may be accompanied by a person of their choice for support and guidance.
The parties shall never be asked to work out the problem directly with the accused/student unless the assistance of a counselor, teacher, administrator, or mediator is provided and both parties are willing.
iii. If the principal/designee and the complainant and the accused/student (and/or their parents) agree that a satisfactory resolution has been achieved through the informal conversation, then no further action need be taken (besides notifying the area superintendent, EEO/Title IX Coordinator, and ADA/504 Specialist that the matter has been resolved). However, if a complete resolution has not been achieved, a formal written complaint should be filed within ten (10) work days after the informal meeting.
If the complaint is satisfactorily resolved informally, the principal/designee shall notify the area superintendent, EEO/Title IX Coordinator, and ADA/504 Specialist of the resolution of the complaint.
Filing a Formal Complaint Report.-- If the matter is not satisfactorily resolved informally, the principal/designee shall assist the student (or custodial parent(s)/guardian on behalf of the minor student as defined in paragraph (6)(f)), in filing a complaint (if it is not yet in writing). The student (or custodial parent(s)/guardian on behalf of the student) may file a written complaint with the principal/designee by using the Student Complaint Report form (PBSD 1615). Said form is hereby incorporated by reference and made a part of this Policy and shall be filed with the Clerk of the School Board herewith and is available on the District's web site. The Witness Statement form (PBSD 1616) is to be completed by witnesses to the alleged incident.
Complaints should be made as soon as possible but no later than one hundred eighty (180) calendar days after the alleged incident (that is, within 180 days after the last act of harassment or discrimination). Failure on the part of the complainant to initiate and/or follow up on the complaint within this period may result in the complaint being deemed abandoned. The principal/designee shall record in writing and document all complaints regarding sexual harassment and discrimination to ensure that problems are appropriately addressed, whether the report is made verbally or in writing.
The principal/designee may assist the student (or custodial parent(s)/guardian on behalf of the student if the student is a minor, as defined in paragraph (6)(f)) in completing the form, or may complete the form for the student or for the custodial parent(s)/guardian who is acting on behalf of the student. In all instances, the student (or custodial parent(s)/guardian on behalf of a minor) shall review the form to ensure its accuracy and sign and date the complaint.
The complainant will be requested to provide signed, specific information regarding the alleged discrimination or harassment, the alleged offender, witnesses, and other relevant information. In all instances, the student (or custodial parent(s)/guardian on behalf of the minor student as defined in paragraph (6)(f), shall review the form to ensure its accuracy and sign and date the complaint.
All complaints filed with the principal/designee must be reported in writing to the area superintendent and the EEO/Title IX Coordinator and ADA/504 Specialist.
Notice to Accused/Student.-- Within two (2) days of receipt of a complaint, the principal/designee will notify the accused/student of the allegations.
Notice to Parent(s)/Guardians.-- Within two (2) days of receiving the complaint, and in accordance with federal and state privacy laws, the principal/designee shall notify the custodial parent(s)/guardian of any minor student as defined in paragraph (6)(f)) who is allegedly subject to harassment or discrimination. Notification may be made by telephone, letter, or personal conference. The students involved (and their custodial parent(s)/guardians, if the students are minors) will also be notified of events and decisions described in this Policy.
Steps in the Investigation.-- The principal/designee shall begin an investigation within two (2) work days and thoroughly investigate all complaints of harassment or discrimination, including, at minimum, the following steps:
talk with the complainant within two (2) work days;
give the complainant (or the custodial parent(s)/guardian thereof if the complainant is a minor as defined in paragraph (6)(f)) an opportunity to describe the incident, present witnesses and other evidence of the harassment or discrimination, and ensure that the complaint is put in writing;
talk with the accused/student (or the custodial parent(s)/guardian thereof if the accused/student is a minor as defined in paragraph (6)(f)) within two (2) work days;
give the accused/student (or the custodial parent(s)/guardian thereof if the accused/student is a minor as defined in paragraph (6)(f)), an opportunity to describe the incident, present witnesses and other evidence, and put his/her response in writing;
talk with any person who saw the harassment, has knowledge of the discrimination, or who may have related information; and
conduct a conference, if appropriate, with the complainant (and custodial parent(s)/guardian thereof, if the complainant is a minor as defined in paragraph (6)(f)) and the accused/student (and custodial parent(s)/guardian thereof, if the accused/student is a minor as defined in paragraph (6)(f)) and give notice of the date, time, place, and rules to the parties.
The principal/designee is encouraged to ask open-ended questions to enable students to describe what happened in their own words.
The principal/designee may request that the accused/student (or the custodial parent(s)/guardian on behalf thereof if the accused/student is a minor as defined in paragraph (6)(f)) prepare a written response to the complaint; or the principal/designee may prepare a written statement of the accused/student’s oral response to the complaint based on their meeting and obtain the signature of the accused/student (and/or the custodial parent(s)/guardian thereof, if the accused/student is a minor) after his/her review of the statement.
The principal/designee should dictate and then review his/her notes with the complainant and accused/student after the interviews to verify the facts and ensure accuracy, and then obtain signatures, but shall not tape the interviews.
Pursuing the Investigation.-- During the investigation, the principal/designee may take any action necessary to protect the complainant, or other students or employees, consistent with the requirements of applicable regulations and statutes.
In general, complainants will continue attendance at the same school and pursue their studies as directed while the investigation is conducted and the complaint is pending resolution.
When necessary to carry out the investigation or for other good reasons, and consistent with federal and state privacy laws, the principal/designee also may discuss the complaint with any of the following persons:
Superintendent/designee;
Chief Academic Officer;
area superintendent/designee;
associate superintendents;
Chief of School Police;
the custodial parent(s)/guardian of the complainant, if the complainant is under eighteen (18) years of age (or has given consent or is an adult who has been determined to be incompetent or unable to give informed consent due to disability);
the custodial parent(s)/guardian of the complainant, if the complainant is a minor as defined in Section (6)(f);
a teacher or staff member whose knowledge of the students involved may help determine who is telling the truth;
child protective agencies responsible for investigating child abuse; and/or
legal counsel for the Board.
Written Decision of the Principal/Designee.-- Upon completion of the investigation, the principal/designee will make a decision about the validity of the allegations in the complaint and about any corrective action, if applicable, consistent with the Matrix of Incidents and Actions in Policy 5.1812 (elementary) or Policy 5.1813 (secondary). In reaching a decision about the complaint, the principal/designee should take into account:
statements made by the persons identified in paragraphs (13)(o), (p), above;
the details and consistency of each person's account;
evidence of how the complainant reacted to the incident;
evidence of past instances of harassment or discrimination by the accused/student (provided that, if evidence of harassment/discrimination, accusations, or complaints is to be considered, the principal/designee must review in their entirety the files regarding those past incidents);
evidence of past harassment or discrimination complaints that were found to be untrue (provided that, if evidence of past accusations or complaints is to be considered, the principal/designee must review in their entirety the files regarding those past incidents); and
case law, state and federal laws and regulations, and the Board's Policies prohibiting harassment and discrimination.
To determine the severity of the harassment or discrimination, the principal/designee should consider, among other things:
how the misconduct affected one or more student's education;
the type, frequency, and duration of the misconduct;
the number of persons involved;
the subject(s) of harassment or discrimination;
the place and situation where the incident occurred; and/or
other similar incidents at the school.
Within thirty (30) calendar days of the filing of the complaint, the principal/designee shall give the area superintendent/designee and the EEO/Title IX Coordinator and ADA/504 Specialist a written report that describes the complaint and investigation and contains findings, a decision, and reasons for the decision.
If the principal/designee verifies that harassment or discrimination occurred, this report shall describe the actions taken to end the harassment or discrimination pursuant to the Matrix of Incidents and Actions in Policy 5.1812 (elementary) or Policy 5.1813 (secondary); address the effects of the harassment or discrimination on the complainant; and prevent retaliation or further harassment or discrimination.
The principal/designee shall notify the parties (and their custodial parent(s)/guardians, if the parties are minors as defined in paragraph (6)(f)) in writing of the decision and their right to review by the area superintendent/designee. (If the complaint was originally filed with, and investigated by, the EEO/Title IX Coordinator or ADA/504 Specialist instead of the principal, the Title IX Coordinator or ADA/504 Specialist shall inform the parties of the right to appeal to the Chief Academic Officer/designee within ten (10) days after receiving the Coordinator's/Specialist's decision.)
No retaliation of any kind is permitted in connection with an individual's having made a discrimination or harassment complaint.
Appeal to Area Superintendent. -- If the complaint against an accused/student is not resolved at the school-site level to the satisfaction of the parties, either party (or their custodial parent(s)/guardian (if the party is a minor as defined in paragraph (6)(f)) may seek review by the area superintendent/designee through the following process:
The written complaint and request for review shall be sent to the area superintendent's office within ten (10) days of the completion of the site-level process by the principal.
If the principal's designee conducted the investigation, the first level of appeal is to the principal. If the complaint has been reviewed or investigated by the principal, the next level of appeal is to the area superintendent/designee. (If the complaint was originally filed with, and investigated by, the EEO/Title IX Coordinator or ADA/504 Specialist, the next level of appeal is to the Chief Academic Officer/designee.)
If the area superintendent/designee is directly involved with a complaint or closely related to a party to the complaint, then the Chief Academic Officer/designee shall be asked to conduct the review and/or further investigation.
Notice Requirement. -- Notice will be given to all parties of a request for review by the area superintendent/designee within two (2) business days of the request for review.
Procedure.-- The area superintendent designee shall review the complaint, the answer to the complaint, the principal/designee's report, and any other evidence in the record. The area superintendent designee may also conduct any further investigation deemed necessary.
During the investigation, the area superintendent/designee may take any action necessary to protect the complainant or other students or employees consistent with the requirements of applicable regulations and statutes. No retaliation of any kind is permitted in connection with an individual's having made a harassment or discrimination complaint under this Policy.
The area superintendent designee will review the principal's decision as to the validity of the allegations and any corrective action, and will make a decision within thirty (30) calendar days after receipt of the request for review. Time limits may be extended by written mutual agreement of the complainant (or custodial parent(s)/guardian on behalf thereof if the complainant is a minor as defined in paragraph (6)(f)), and the accused/student (or custodial parent(s)/guardian on behalf thereof if the accused/student is a minor).
The area superintendent/designee shall take action deemed appropriate to resolve the situation, including, but not limited to, disciplinary action by the school, consistent with the requirements of applicable procedures outlined in each school's Student-Parent Handbook, the Matrix of Incidents and Actions in Policy 5.1812 (elementary) or Policy 5.1813 (secondary), and Florida law, or transfer to alternative school.
The area superintendent/designee will inform the (and their custodial parent(s)/guardian if the parties are minors as defined in paragraph (6)(f)). in writing of the decision and the right to appeal.
A copy of the decision will be sent to the EEO/Title IX Coordinator or and ADA/504 Specialist.
Appeal to Chief Academic Officer/Designee
If the complainant or accused/student (or their custodial parent(s)/guardian if the parties are minors as defined in paragraph (6)(f)) is dissatisfied with the area superintendent's decision, it may be appealed in writing to the Chief Academic Officer/designee within ten (10) days after receipt of the decision.
If the area superintendent's designee conducted the review, the next level of appeal is to the area superintendent rather than to the Chief Academic Officer.
If the Chief Academic Officer/designee is directly involved with a complaint or closely related to a party to the complaint, then the Chief Operating Officer/designee shall be asked to review the matter.
Notice.-- Notice of the appeal shall be given in writing to the parties (and their custodial parent(s)/guardian if the parties are minors as defined in paragraph (6)(f)) within two (2) days of receipt of appeal.
Procedure.-- The Chief Academic Officer/designee shall review the written complaint, the accused/student's response to the complaint (or the response of the parent/guardian on behalf of the accused/student), and all documentation pertaining to the alleged harassment or discrimination including the area superintendent's decision.
The Chief Academic Officer/designee may request additional information.
The Chief Academic Officer/designee shall issue a written decision to the parties (and their custodial parent(s)/guardian if the parties are minors as defined in paragraph (6)(f)) within twenty (20) calendar days of the request of the appeal.
Appeal to the Superintendent/Designee
If the complainant or accused/student (or their custodial parent(s)/guardian if the parties are minors as defined in paragraph (6)(f)) is dissatisfied with the Chief Academic Officer's decision, it may be appealed in writing to the Superintendent within ten (10) days after receipt of the decision.
If the Chief Academic Officer's designee conducted the review, the next level of appeal is to the Chief Academic Officer rather than to the Superintendent.
If the Superintendent is directly involved with a complaint or closely related to a party to the complaint, then the Chief Counsel to the Board shall be asked to review the matter and report the findings to the Board.
Notice.-- Notice of the appeal shall be given in writing to the parties (and their custodial parent(s)/guardian if the parties are minors as defined in paragraph (6)(f)) within two (2) days of receipt of the appeal.
Procedure.-- The Superintendent/designee shall review the written complaint, the accused/student's response to the complaint (or the response of the parent/guardian on behalf of the accused/student), and all documentation pertaining to the alleged harassment or discrimination, including the Chief Academic Officer's decision.
The Superintendent may request additional information.
The Superintendent/designee shall issue a written decision to the parties (and their custodial parent(s)/guardian if the parties are minors as defined in paragraph (6)(f)) within twenty (20) calendar days of request of the appeal. The decision of the Superintendent/designee is the final decision of the District.
Other Means of Resolution.-- If the complainant is not satisfied with the results of the procedures contained in this policy, he/she may utilize other means for resolution as provided by law, including seeking recourse through the federal Office for Civil Rights ("OCR").
GRIEVANCE PROCEDURE FOR HARASSMENT OR DISCRIMINATION BY AN EMPLOYEE -- Investigation of Complaints Against an Accused/Employee
Reporting Discrimination or Harassment.-- Any student/applicant for admission (and/or the custodial parent(s)/guardian on that complainant's behalf if the complainant is a minor as defined in paragraph (6)(f)) who believes he/she is a victim of discrimination or harassment (or any individual, including any student, teacher, or other employee of the District who has knowledge of any incident(s) involving discrimination or harassment of students) is strongly encouraged to report the incident(s) in writing to a school official or the EEO/Title IX Coordinator and ADA/504 Specialist. Complaints should be filed as soon as possible after the alleged incident, but must be filed within one hundred eighty (180) calendar days after the alleged incident (i. e. within 180 days of the last act of alleged harassment or discrimination).
School officials must report in writing any allegations of discrimination or harassment to the principal and to the EEO/Title IX Coordinator and ADA/504 Specialist. If the principal is directly involved with a complaint or closely related to a party to the complaint, then the incident may be reported directly to the EEO/Title Coordinator and ADA/504 Specialist.
The principal/designee shall document all complaints in writing to ensure that problems are appropriately addressed. It is the responsibility of the principal to forward all complaints to the area superintendent, Title IX Coordinator, and ADA/504 Specialist within two (2) work days. Failure by the principal to respond to a complaint within two (2) work days will automatically allow the complainant to re-file the complaint with the area superintendent.
Filing the Complaint Form.-- Consistent with OCR guidelines, a formal complaint process is required for any complaint against an employee. The complainant (or the custodial parent(s)/guardian if the complainant parties is a minor as defined in paragraph (6)(f)) may file a complaint in writing with the principal/designee, EEO/Title IX Coordinator, or ADA/504 Specialist by using the Student Complaint Report form (PBSD 1615), available on the District's web site. The Witness Statement form (PBSD 1616) is to be completed by witnesses to the alleged incident.
Complaints should be filed as soon as possible after the alleged incident, but must be filed within one hundred eighty (180) calendar days after the alleged incident (that is, within 180 days after the last act of alleged harassment or discrimination). Failure on the part of the complainant to initiate and/or follow up on the complaint within this period may result in the complaint being deemed abandoned.
The principal/designee may assist the individual in completing the form by recording information on the Student Complaint Report form, reviewing it with the complainant, and obtaining the complainant's signature. The complainant will be requested to provide signed, specific information regarding the alleged discrimination or harassment, the alleged offender(s), witnesses, and other relevant information.
Complaints filed with the principal/designee must be reported in writing to the area superintendent and the EEO/Title IX Coordinator and ADA/504 Specialist for investigation.
Notice to Parent(s)/Guardians.-- Within two (2) days of receiving the complaint, and in accordance with federal and state privacy laws, the principal/designee shall notify the custodial parent(s)/guardian of any minor student as defined in paragraph (6)(f)) who is allegedly subject to harassment or discrimination. Notification may be made by telephone, letter, or personal conference. The students involved (and their custodial parent(s)/guardians, if the students are minors) will also be notified of events and decisions described in this Policy.
Investigation by EEO/Title IX Coordinator/designee or ADA/504 Specialist/designee.-- The EEO/Title IX Coordinator/designee or ADA/504 Specialist/designee shall document and begin within (2) work days to thoroughly investigate all complaints of harassment or discrimination, including the following steps to ensure that problems are appropriately addressed:
talk with the complainant within two (2) work days after receiving the complaint form. The complainant (and/or the custodial parent(s)/guardian of the complainant if the complainant is a minor as defined in paragraph (6)(f)) shall have an opportunity to describe the incident, present any evidence, name witnesses, and ensure that the complaint is put in writing;
talk with any witnesses or others who may have relevant information; and
conduct an investigative meeting with the accused/employee, and the accused/employee's representative if applicable, to discuss the allegations and allow the accused/employee to respond to the allegations.
During the investigation, the EEO/Title IX Coordinator/designee or ADA/504 Specialist/designee may recommend to the Chief Personnel Officer/designee, any action necessary to protect the complainant, or other students or employees, consistent with the requirements of applicable statutes, State Board of Education Rules, School Board Policies, and collective bargaining agreements.
In general, complainants will continue attending the same school and pursuing their studies as directed while the investigation is conducted and the complaint is pending resolution.
When necessary to carry out the investigation or for other good reasons, and consistent with federal and state privacy laws, the EEO/Title IX Coordinator/designee or ADA/504 Specialist/designee also shall discuss the complaint with the following persons, as appropriate:
Superintendent/designee;
Chief Academic Officer and/or Chief Operating Officer;
area superintendent/designee;
associate superintendent;
Chief of School Police;
Chief Personnel Officer;
Director of Labor Relations;
the custodial parent(s)/guardian of the complainant, if the complainant is a minor as defined in Section (6)(f);
a teacher or staff member whose knowledge of the student(s) or employee(s) involved may help determine who is telling the truth;
child protective agencies responsible for investigating child abuse;
legal counsel for the Board;
exclusive bargaining representative or legal counsel thereof, if appropriate; and
the accused/employee.
Decision of the EEO/Title IX Coordinator or ADA/504 Specialist.-- Upon completion of the investigation, within thirty (30) calendar days of receiving the complaint if possible, the EEO/Title IX Coordinator/designee or ADA/504 Specialist/designee shall make a decision about the validity of the allegations in the complaint.
The EEO/Title IX Coordinator/designee or ADA/504 Specialist/designee shall discuss the determination and any recommended corrective action with the principal/designee and Chief Personnel Officer.
In reaching a decision about the complaint, the following should be taken into account:
statements made by the persons identified in Paragraphs (18)(h), (i) above;
the details and consistency of each person's account;
evidence of how the complainant reacted to the incident;
evidence of past instances of harassment or discrimination by the accused/employee (provided that, if evidence of past harassment/discrimination incidents are to be considered, the investigator must review in their entirety the files regarding those past incidents);
evidence of past harassment or discrimination complaints that were found to be untrue (provided that, if evidence of past harassment/discrimination accusations or complaints are to be considered, the investigator must review in their entirety the files regarding those past complaints); and
case law, state and federal laws and regulations, and the Board's Policies prohibiting harassment and discrimination.
To determine the severity of the harassment or discrimination, the following may be considered:
how the misconduct affected one or more student's education;
the type, frequency, and duration of the misconduct;
the number of persons involved;
the subject(s) of harassment or discrimination;
the place and situation where the incident occurred; and
other incidents at the school.
The following action(s) or discipline may be taken, consistent with any applicable collective bargaining agreement provisions, to resolve a complaint of harassment or discrimination:
no action if complaint is unsubstantiated;
training requirements for the employee;
oral reprimand of the employee;
written reprimand of the employee;
suspension of the employee; or
Termination of the employee.
For the first verified offense of harassment of, or discrimination against, a student, suspension should be recommended for a minimum of thirty (30) days without pay. Termination should be recommended for the second offense of verified harassment of, or discrimination against, a student.
Suspension without pay and/or termination requires Board action.
Appeal Procedure for an Accused/Employee
If the accused/employee wishes to appeal the action taken in resolution of the complaint, such appeal shall be filed either in accordance with Board Policy 3.31 or pursuant to the relevant collective bargaining agreement.
For those employees not in a bargaining unit, the appeal shall be filed in accordance with Board Policy 3.31.
Appeal Procedure for Student/Complainant When the Accused Is an Employee
Appeal to Chief Operating Officer/Designee.-- If the complainant (or the custodial parent(s)/guardian if the complainant is a minor as defined in paragraph (6)(f)) is dissatisfied with the EEO/Title IX Coordinator's or ADA/504 Specialist's decision, it may be appealed in writing to the Chief Operating Officer/designee within ten (10) days after receipt of the decision. However, if the Chief Operating Officer is directly involved with a complaint or closely related to a party to the complaint, then the Chief Academic Officer shall be asked to review the matter.
Notice.-- Notice of the appeal shall be given to the parties (and the custodial parent(s)/guardian of the complainant, if a minor as defined in paragraph (6)(f)) within two (2) days of notice of receipt of appeal.
Procedure.-- The Chief Operating Officer/designee shall review the written complaint, the accused/employee's response to the complaint, and all documentation pertaining to the alleged harassment or discrimination including the EEO/Title IX Coordinator's or ADA/504 Specialist's decision.
The Chief Operating Officer/designee, may request additional information.
The Chief Operating Officer/designee shall issue a written decision to the parties within twenty (20) calendar days of request of the appeal.
Appeal to the Superintendent.-- If the complainant (or custodial parent(s)/guardian of the minor complainant as defined in paragraph (6)(f)) is dissatisfied with the Chief Operating Officer's decision, the decision may be appealed in writing to the Superintendent within ten (10) days after receipt of the decision.
If the Chief Operating Officer's designee conducted the review, the next level of appeal is to the Chief Operating Officer rather than to the Superintendent.
If the Superintendent is directly involved with a complaint or closely related to a party to the complaint, then the Chief Counsel to the Board shall be asked to review the matter and report the findings to the Board.
Notice.-- Notice of the appeal shall be given in writing to the parties (and their custodial parent(s)/guardian if the parties are minors as defined in paragraph (6)(f)) within two (2) days of receipt of the appeal.
Procedure.-- The Superintendent/designee shall review the written complaint, the accused/employee's response to the complaint, and all documentation pertaining to the alleged harassment or discrimination, including the Chief Operating Officer's decision.
The Superintendent may request additional information.
The Superintendent/designee shall issue a written decision to the parties (and the complainant's custodial parent(s)/guardian, if the complainant is a as defined in paragraph (6)(f)) within twenty (20) calendar days of request of the appeal. The decision of the Superintendent/designee is the final decision of the District.
Other Means of Resolution.-- If the complainant is not satisfied with the results of the procedures contained in this policy, he or she may utilize other means for resolution as provided by law, including seeking recourse through the federal Office for Civil Rights ("OCR" ).
GRIEVANCE PROCEDURE FOR SEXUAL HARASSMENT OR DISCRIMINATION BY VOLUNTEERS, VISITORS, OR CONTRACTORS -- Investigation of Complaints Against a School Volunteer, Campus Visitor, Contractor/Consultant, or Other Third Party.
The School Board will not tolerate harassment or discrimination by school volunteers, consultants, independent contractors or subcontractors (or their employees), or any third party in the school (or outside of the school at school-sponsored events), on school buses, or at training facilities sponsored by the School District. Any such alleged harassment or discrimination should be reported immediately to the school principal, using the same formal written complaint process as would be used to report harassment or discrimination by a District employee. The complaint should be filed as soon as possible, at least within one hundred eighty (180) calendar days of the alleged incident (i. e. within 180 days of the last act of alleged harassment or discrimination).
It is the responsibility of the principal to forward all complaints to the area superintendent and EEO/Title IX Coordinator and ADA/504 Specialist within two (2) work days. Failure by the principal to respond to a complaint within two (2) work days will automatically allow the complainant to re-file the complaint with the area superintendent.
Within two (2) days of receiving the complaint, and in accordance with federal and state privacy laws, the principal/designee shall notify the custodial parent(s)/guardian of any minor student as defined in paragraph (6)(f)) who is allegedly subject to harassment or discrimination. Notification may be made by telephone, letter, or personal conference. The students involved (and their custodial parent(s)/guardians, if the students are minors) will also be notified of events and decisions described in this Policy.
Within two (2) days of receiving the complaint, the EEO/Title IX Coordinator/designee or ADA/504 Specialist/designee shall begin an investigation, using procedures similar to those used for investigation of allegations against District employees.
If the District's investigation substantiates a complaint of sexual harassment or discrimination by a school volunteer, visitor, consultant/independent contractor, vendor or other third party, the Superintendent shall promptly recommend appropriate action. As stated in OCR's Revised Sexual Harassment Guidance (2001):
The type of appropriate steps that the school should take will differ depending on the level of control that the school has over the third party harasser. For example, if athletes from a visiting team harass the home school’s students, the home school may not be able to discipline the athletes. However, it could encourage the other school to take appropriate action to prevent further incidents; if necessary, the home school may choose not to invite the other school back.
Depending on the situation, an appropriate response may include, but not limited to, revoking the volunteer's status under Policy 2.53; asking the visitor to refrain from returning to the campus; requesting a contractor to remove an employee from a project at a school site and discipline the employee; or debarring a vendor pursuant to Policy 6.14(5). The District's response will be designed to eliminate the harassment or discrimination and prevent its reoccurrence. If the complainant is not satisfied with the District's response, he/she (or the custodial parent(s)/guardian of a minor complainant as defined in paragraph (6)(f)) may appeal according to the procedures used to appeal a decision regarding alleged harassment or discrimination by an employee under Section 21.
Other Means of Resolution.-- If the complainant is not satisfied with the District's response under this Section, he/she may utilize other means for resolution as provided by law, including seeking recourse through OCR.
Confidentiality
To the greatest extent possible, all complaints will be treated as confidential and in accordance with Fla. Stat. § 1002.22(3)(d); the Family Educational Rights and Privacy Act ("FERPA" ); and any other applicable law, such as Fla. Stat. §§ 119.07(3)(p) & (u); 1012.31(3)(a); or 1012.796(1)(c).
Limited disclosure may be necessary to complete a thorough investigation as described above. The District's obligation to investigate and take corrective action may supersede an individual's right to privacy.
The complainant's identity shall be protected, but absolute confidentiality cannot be guaranteed.
Informing Students and Employees About this Policy.-- Notice of the existence of this Policy, prevention plan, and procedures shall be posted in prominent locations in all District buildings, including information on how to receive a copy. Notice shall be included annually in student, parent, and staff handbooks.
Retaliation Prohibited
Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment in connection with filing a complaint or assisting with an investigation under this Policy.
Retaliatory or intimidating conduct against any individual who has made a harassment or discrimination complaint or any individual who has testified, assisted, or participated, in any manner, in an investigation is specifically prohibited.
The principal/designee, and EEO/Title IX Coordinator or ADA/504 Specialist, if applicable, shall inform complainants that they are protected by law from retaliation.
Additional Assistance Available
In all cases, the District reserves the right to refer the results of its own investigation to the State Attorney for the Fifteenth Judicial Circuit of Florida for possible criminal charges, whether or not the District takes any other action.
The District will provide counseling services for students who have been harassed or discriminated against.
Training will be provided to assist teachers and counselors who work with students to prevent harassment and discrimination. Attendance is mandatory.
The Office for Civil Rights is the federal agency in the Department of Education that monitors schools' compliance with Title IX, Title VI, Title II of the Americans With Disabilities Act, and Section 504, and it can be contacted at 1-800-421-3481; by fax at (404) 562-6455; or by e-mail at OCR_Atlanta@ed. gov.
| STATUTORY AUTHORITY: | Fla. Stat. §§ 1001.41(2); 1001.43(1), (6); 1006.07; 1012.23(1) |
| LAWS IMPLEMENTED: | Fla. Stat. §§ 119.07(3)(p), (u); 1000.05(2)(a), (b) (Florida Education Equity Act); 1002.22(3)(a), (d); 1001.41(1), (2); 1006.07(2)(h); 1006.08; 1012.31(3)(a); 1012.796(1)(c); 760.01(2); 42 U. S.C. 12131, et. seq. (Title II of the Americans with Disabilities Act); 20 U. S.C. § 1681-1688 (Title IX of the Education Amendments of 1972); 42 U. S.C. § 2000d et. seq. (Title VI of the Civil Rights Act of 1964); 29 U. S.C. § 794 (Section 504 of the Rehabilitation Act of 1973); 20 U. S.C. § 1232g (Family Educational Rights and Privacy Act ("FERPA" )) |
| STATE BOARD RULES SUPPLEMENTED: | 6A-19.001; 6A-19.002; 6A-19.008; 6A-1.0404(5), (7); 6B-1.006(3)(a), (g) |
| HISTORY: | 3/3/76; 8/17/77; 3/17/99; 3/24/03; 8/3/2011 |