ACAB - Harassment

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Policy ACAB

Adopted: March 11, 2021
Amended: October 10, 2024

The Hopkinton School Committee and Hopkinton Public Schools are committed to maintaining an education and work environment for all school community members that is free from all forms of harassment, including sexual and sex-based harassment and other discrimination on the basis of sex (e.g. sexual orientation, gender identity, and pregnancy or pregnancy related conditions)  as provided under Massachusetts and Federal law. Sexual harassment is unwelcome conduct of a sexual nature. The definition under Title IX includes unwelcome conduct based on the totality of the circumstances, is subjectively and objectively offensive on the basis of sex that is so severe or, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity (e.g. creates hostile environment) A hostile environment is based on a fact specific inquiry including: (i) degree to which conduct affects Complainant’s ability to access education program or activity; (ii) type, frequency and duration of conduct, (iii) parties ages and roles within program or activity; (iv) location of the conduct and context in which it occurred; (v) other sex based harassment.

The District shall respond promptly and meaningfully to every known report of sexual harassment and sex-based harassment and shall investigate every complaint of harassment including sexual and sex-based harassment as well as retaliation. F following an investigation if it is determined that such inappropriate conduct has occurred, the District shall act promptly to eliminate the conduct and impose corrective action, including disciplinary action where appropriate. It is the expectation of the District that incidents that may constitute a Title IX violation shall be reported to building administration. 

The complainant does not have to be the person at whom the unwelcome sexual conduct is directed. 

Please note that while this policy sets forth the District's goals of promoting an environment that is free of harassment including sexual and sex-based harassment, the policy is not designed or intended to limit the District´s authority to discipline or take remedial action for conduct which the District deems unacceptable, regardless of whether that conduct satisfies the definition of sexual  harassment as defined by Title IX

Definitions of Sexual Harassment

TITLE IX

Sex-based harassment prohibited by Title IX is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including as described in §106.10 of Title IX, that is:

(1)  Quid pro quo harassment. An employee, agent, or other person authorized by the District to provide an aid, benefit, or service under the District’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person's participation in unwelcome sexual conduct;

(2)  Hostile environment harassment. If harassment, including sexual and sex-based harassment and other discrimination on the basis of sex (e.g. sexual orientation, gender identity, and pregnancy or pregnancy related conditions), is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the District´s education program or activity (i.e., creates a hostile environment).

(3)  Specific offenses. (i) Sexual assault (ii) Dating violence; (iii) Domestic violence; (iv) Stalking.  

In addition to Title IX, the District shall comply with all other applicable state and federal discrimination laws, including but not limited to Title VII, M.G.L. c.151B and M.G.L. c.151C.

The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating an environment that is hostile, offensive, intimidating, to male, female, or gender non-conforming students or employees may also constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct, which if unwelcome, may constitute sexual harassment, depending on the totality of the circumstances:

• Unwelcome sexual advances-whether they involve physical touching or not;

• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life,  sexual orientation, gender identity,  comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess;

• Displaying sexually suggestive objects, pictures, cartoons, including AI-generated sexually explicit materials;

• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;

• Inquiries into one's sexual experiences, sexual orientation, or gender identity; or discussion of one’s sexual activities

• Sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion as well as physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent (Massachusetts General Laws Ch. 119, Section 51 A, requires that public schools report cases of suspected child abuse, immediately orally and file a written report within 48 hours detailing the suspected abuse to the Department of Children and Families. For the category of sexual violence, in addition to Section 51A referrals these offences and any other serious matters shall be referred to local law enforcement. 

Retaliation against a complainant, because they have filed a harassment or sexual harassment complaint, assisted or participated in a harassment or sexual harassment investigation or proceeding, is also prohibited. A student or employee who is found to have retaliated against another in violation of this policy may be subject to disciplinary action, in accordance with any Student Handbook and/or applicable collective bargaining agreement. 

The District´s Civil Rights Grievance Procedure is available at: [Civil Rights Grievance Procedure].

This policy, or a summary thereof that contains the essential policy elements shall be distributed by the Hopkinton School District to its students and employees, and each parent or guardian shall sign that they have received and understand the policy.

List the name and phone number of the District's Title IX Coordinator.

List the appropriate party OR Just Title by name and phone number to receive a complaint in each District School

The Complainant may also file a complaint with:

• The Massachusetts. Commission Against Discrimination, 

     1 Ashburton Place, Room 601
     Boston, MA 02108
    Phone: 617-994-6000

 

• Office for Civil Rights (U.S. Department of Education)
  5 Post Office Square, 8th Floor
  Boston, MA 02109.
  Phone: 617-289-0111
•  
• The United States Equal Employment Opportunity Commission,
  John F. Kennedy Bldg.
  475 Government Center
  Boston, MA 02203

Cross References:

AC - Non Discrimination and Civil rights Notice to Students, Parents and Employees

ACE - Non Discrimination on the Basis of Disability

Procedure Reference:

Title IX Sexual Discrimination Grievance Procedure

Title IX Discrimination Complaint Form

Legal Reference.:

M.G.L. 151B:3A

Title IX of the Education Amendments of 1972

BESE 603 CMR 26:00

34 CFR 106.44 (a), (a)-(b)

34 CFR 106.45 (a)-(b) (1)

34 CFR 106.45 (b)(2)-(b)(3,4,5,6,7) as revised through June 2020

 

SOURCE:  MASC July 2024
Note: A summary of the attached Policy, as adopted, must be sent to parents/guardians, students, employees, unions, and prospective employees of the school district including Title IX Coordinator(s), investigator(s) and the decision-maker. The above referenced employees must attend training sessions on the implementation of the Policy.