AC-PRC1 - Civil Rights Grievance Procedure

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Policy AC-PRC1

Amended: October 30, 2025

 

 

HOPKINTON SCHOOL COMMITTEE POLICY

CIVIL RIGHTS GRIEVANCE PROCEDURE

 

The Hopkinton Public Schools is committed to maintaining school environments free of discrimination, harassment or retaliation based on race*, color, sex, sexual orientation, gender identity, sex stereotypes, sex characteristics religion, disability, age, genetic information, active military/veteran status, marital status, familial status, pregnancy, or pregnancy-related condition, homelessness, ancestry, ethnic background, national origin, or any other category protected by state or federal law.  It is the policy of Hopkinton Public Schools to comply with both state and federal law.

 

Harassment, discrimination, and retaliation in any form or for any reason are prohibited. This includes harassment or discrimination by administrators, personnel, students, vendors, and other individuals in school or at school-related events. Retaliation against any individual who has brought harassment or discrimination to the attention of school officials or who has cooperated in an investigation of a complaint under this Procedure is unlawful. The Hopkinton Public Schools will not tolerate it.

 

Persons who engage in harassment, discrimination, or retaliation may be subject to disciplinary action, including, but not limited to, reprimand, suspension, termination/expulsion, or other sanctions as determined by the school district administration, subject to applicable procedural requirements.

 

Non-Applicability of This Procedure to Title IX Sexual Harassment Allegations

 

This policy (AC-R Civil Rights Grievance Procedure) shall not apply to reports of sexual discrimination/harassment as defined under Title IX of the Education Amendment of 1972 and its implementing regulations (“Title IX”).

 

Allegations of conduct that could, if proven, meet the definition of sexual harassment under Title IX shall be addressed through the District’s Title IX Sexual Discrimination Policy and Grievance Procedures (ACAB and ACAB-R).

 

Allegations of conduct that do not meet the definition of sex-based harassment under Title IX, will be addressed through this Civil Rights Grievance Procedure.

 

School districts are required to comply with both federal law and Massachusetts law, which has a broader definition of sexual harassment and includes conduct that creates a hostile environment. Conduct that might not meet the definition of sexual harassment under federal law may still violate state law and would be addressed under this policy. 

 

Definitions

 

For the purposes of this Procedure:

 

1. “Discrimination” means discrimination or harassment on the basis of race, age, color, national origin, sex, sexual orientation, gender identity, disability or religion by which an individual is excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any program or activity of the school district.

 

2. “Harassment” means unwelcome conduct on the basis of race, age, color, national origin, sex, sexual orientation, gender identity disability, or religion that is sufficiently severe, persistent or pervasive to create or contribute to a hostile environment for the individual at school. Harassment may include insults, name-calling, off color jokes, threats, comments, innuendoes, notes, display of pictures or symbols, gestures or other conduct which rises to the level of a hostile environment. A hostile environment is one which unreasonably interfered with  an individual’s  participation in, denied the individual the benefits of, or otherwise subjected the individual to discrimination under any program or activity of the District. Please also refer to the state and federal laws governing harassment of employees and staff, set forth in M.G.L. c.151B, M.G.L.c.151C and Title VII of the Civil Rights Act.

 

When determining whether an environment is hostile, the District shall consider the context, nature, frequency, and location of the incidents as well as the credibility of witnesses and the identity, number and relationships of the persons involved. The District must consider whether the alleged harassment was sufficient to have created such an environment for a reasonable person of the same age, gender, and experience as the Complainant, and under similar circumstances. Off-campus conduct may constitute harassment if it creates a hostile environment at school for the victim; however, conduct does not constitute harassment where the incident occurs off-campus at a non-school sponsored activity and does not create a hostile environment at school for the victim.

 

3. Retaliation: Retaliatory acts against any individual who exercises their rights under the civil rights statutes covered by this Procedure are considered to be discrimination and are unlawful. Individuals are prohibited from coercing, intimidating, threatening, or interfering with an individual because the individual exercised any right granted or protected under these procedures.

 

4. Complainant: An individual who is alleged to be the victim of conduct that could constitute discrimination, harassment, or retaliation under this Procedure. Parents and/or legal guardians of a complainant are not considered a complainant but may file formal complaints on behalf of a minor child and act on behalf of the minor child in any civil rights matter.

 

5. Party or Parties: The complainant and/or respondent.

 

6. Principal:  The Principal or Principal’s designee.

 

7. Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute discrimination, harassment, or retaliation under this Procedure.

 

How to make a complaint

 

Any student or employee who believes that he/she has been discriminated against or harassed should report their concern promptly to the Principal or Civil Rights Coordinator. Students may also report incidents of harassing conduct to a teacher, administrator, or guidance counselor. Any complaint received by school personnel shall be promptly reported to the Principal or Civil Rights Coordinator. Students or employees who are unsure whether discrimination, harassment, or retaliation has occurred are encouraged to discuss the situation with the Principal. There may be instances where another third party, who is aware of the occurrence of prohibited conduct, may bring a complaint under this Procedure. In such circumstances, that person is referred to as the “reporter.”

 

1. Any District employee who observes or receives a report of discrimination, harassment or retaliation shall promptly notify the Principal or Civil Rights Coordinator, identified below. Any District employee who observes discrimination, harassment or retaliation against a student should intervene to stop the conduct and report it to Principal. Upon receipt of a report of discrimination, harassment or retaliation, the Principal shall promptly inform the relevant Civil Rights Coordinator of the report, and the District will respond in a manner consistent with this Procedure. If the report involves an accusation against the Principal or Civil Rights Coordinator, the employee shall report the incident to the Superintendent or designee.

 

2. Informal Reports: Individuals may wish to file a formal complaint of discrimination, harassment or retaliation, or to report informally (i.e., without initiating a formal complaint). Such informal reports may be made to the Principal or Civil Rights Coordinator. The District shall inform anyone making an informal report that they may initiate a formal complaint at any time, regardless of what steps are being or have been taken in response to an informal report.

 

3. Anonymous Reports:  Complainants and reporters should be aware that although the District will often be able to maintain confidentiality of reporting persons, the District may sometimes be required to take actions to protect the safety of the school community that may result in the identity of the reporting person being disclosed (to the police, for example) consistent with state and federal student privacy laws. When reporters or Complainants seek to remain anonymous or have their identities kept confidential, they will be informed that honoring such a request may limit the ability of the District to respond fully to any reported event.

 

4. Informal Process:  If the District concludes that it is possible to resolve a matter, whether after complaint or an informal report, in a prompt, fair and adequate manner through an informal process involving, and with the consent of, the Complainant and Respondent, the District may seek to do so. The informal process is voluntary, and the Complainant and/or Respondent may terminate or decline any informal process at any time, without penalty.

 

5. Formal Process: A complaint shall state (if known to the reporter or Complainant) the name(s) of the persons involved and witnesses to the conduct, describe the conduct, and identify, to the extent possible, the dates and locations of the conduct. The complaint shall be signed and dated by the reporter and/or Complainant. Complaints will be investigated promptly and equitably by the Civil Rights Coordinator or Principal. Investigations may be initiated whenever warranted, in the absence of a formal complaint, or after a formal complaint has been withdrawn.

 

6. Initial Assessments: The Civil Rights Coordinator or Principal will make an initial assessment following a complaint. Based on that assessment, the Civil Rights Coordinator or Principal may: (a) if the conduct, even if substantiated, would not constitute harassment, discrimination or retaliation, dismiss the complaint; (b) if the alleged conduct (or complaint) could not, even if true, constitute discrimination, harassment or retaliation, but is within the scope of another procedure, the Civil Rights Coordinator shall refer the matter to the appropriate personnel; (c) if the Civil Rights Coordinator or Principal concludes that it is possible to resolve the complaint in a prompt, fair and adequate manner through an informal process involving and with the consent of both parties, the Civil Rights Coordinator or Principal may seek to do so in accordance with Section D, above; or (d) if the alleged conduct, if substantiated, would constitute discrimination, harassment or retaliation, the Civil Rights Coordinator or Principal will initiate an investigation. The Civil Rights Coordinator or Principal may also identify and initiate any interim measures. See Section G.

 

7. Interim Measures: The District will provide prompt and reasonable interim measures during the pendency of the investigation, if appropriate, to support and protect the safety of the parties, the educational environment, and the District and/or school community; to deter retaliation; and to preserve the integrity of the investigation and resolution process. Any interim measures will be monitored to ensure they are effective based on the evolving needs of the parties. Violations of the restrictions imposed by interim measures could be considered a violation of school rules and may be considered in determining whether discrimination, harassment or retaliation has occurred.

 

8. Timeframes:  The District will seek to complete any investigation within a reasonable time frame after receipt of a complaint and provide written notice of the outcome of the investigation. The investigator may impose reasonable timeframes on all parties to facilitate the timely completion of the investigation. The investigator may extend the investigation period beyond the time period identified due to extenuating circumstances. In the event that the investigation extends beyond the last day of school, the District will make reasonable efforts to complete the investigation within the above-referenced time frame but may extend the investigation period to account for the availability of witnesses during the summer vacation period. If the investigator extends the investigation, they will notify the Complainant and Respondent of the extension. A report to law enforcement will not automatically delay an investigation; however, a request from law enforcement to temporarily suspend the investigation may impact the investigation, and the District will promptly resume its investigation in coordination with law enforcement. Any interim measures provided to the parties may continue during the period of postponement. See Section G.

 

9. Under the investigation procedure, the complaint will be investigated by the Principal, Civil Rights Coordinator or other individual designated by the Principal or Civil Rights Coordinator who has responsibility for seeking and gathering evidence relative to the investigation. A complaint against an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. During the formal resolution procedure:

 

1. The Complainant shall be provided with an opportunity to be heard and have the opportunity to identify witnesses and other relevant evidence to the investigator.

2. The Respondent will be provided with an opportunity to be heard as part of the investigation including the opportunity to provide relevant information and identify witnesses for the investigator’s consideration.

3. The privacy rights of the parties shall be maintained in accordance with applicable state and federal laws.

4. The investigator will keep a written record of the investigation process.

5. The investigation will be completed in a timely manner upon receipt of the complaint.

6. The notification of the outcome of the investigation including, if appropriate, a description of the remedies taken, will be provided to the parties.

 

10. Standard of Proof:  The investigation shall make factual findings based on a preponderance of the evidence standard.

 

11. If the investigator determines that discrimination, harassment or retaliation has occurred, the District shall take steps to eliminate the discriminatory or harassing environment, which shall include but not be limited to:

 

1. Identifying what steps are necessary to prevent recurrence of any discriminatory behavior, including but not limited to harassment or retaliation, and to correct its discriminatory effects if appropriate; and  

2. Informing the Complainant and Respondent or, in the case of minor children, the parties’ parent(s)/legal guardian(s) of the results of the investigation (in accordance with applicable state and federal privacy laws) in accordance with the above timelines. The school district administration may also refer the Respondent for disciplinary procedures to be conducted in accordance with federal and state law. Nothing in the Civil Rights Grievance Procedure shall be interpreted as limiting or prohibiting the District’s ability to take appropriate disciplinary action against the Respondent in accordance with the applicable code(s) of conduct or employment contracts or policies, where appropriate, prior to completion of the investigation, in accordance with the due process rights of employees and students, as applicable. 

 

12. Identification of Civil Rights Coordinator for complaints of discrimination, harassment, and retaliation under this Procedure is:

 

Assistant Superintendent, Jeffrey LaBroad, 89 Hayden Rowe St, Hopkinton, MA 01748

jlabroad@hopkinton.k12.ms.us

 

13. Employment Agencies: The contact information for state and federal employment discrimination enforcement agencies is as follows:  (1) Federal: United States Equal Employment Opportunity Commission (EEOC); John F. Kennedy Federal Building; 15 New Sudbury Street, Room 475; Boston, MA 02203-0506; 1-800-669-4000; EEOC Boston Area Office Website: https://www.eeoc.gov/field-office/boston/location; and (2) State: Massachusetts Commission Against Discrimination (MCAD); Boston Headquarters; One Ashburton Place; Sixth Floor, Room 601; Boston, MA 02108; (617)-994-6000;

MCAD Website: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination.

 

LEGAL REFS.: Section 504 of the Rehabilitation Act of 1973; 

Title II of the Americans with Disabilities Act of 1990; 

Title VI of the Civil Rights Act of 1964; 

Title VII of the Civil Rights Act of 1964; 

M.G.L. c. 151B and c. 151C; M.G.L. c. 76, § 5; 

 

CROSS REFS.: JICFB, Bullying Prevention

AC, Nondiscrimination

ACAB, Sexual Harassment/Title IX Policy 

ACAB-R, Grievance Procedure for Complaints of Sexual Harassment under Title IX of the Education Amendments of 1972

 

Amended: October 30, 2025

 

SOURCE:  MASC July 24, amended October 30, 2025