File:  ACAB - ANTI-DISCRIMINATION/ANTI-HARASSMENT POLICY AND GRIEVANCE PROCEDURE

The Gill-Montague Regional School District is committed to maintaining and promoting an educational environment free from all forms of discrimination, including harassment. The civil rights of all school community members are guaranteed by law, and the protection of those rights is of utmost importance and priority to the District. Discrimination, including harassment, on the basis of race, color, religion, national origin, ethnicity, genetic information or testing, sex, sexual orientation, gender identity, age or disability (hereinafter "membership in a protected class") will not be tolerated. Retaliation against any student or other individual who has complained of discrimination, including harassment, or individuals who have cooperated with an investigation of such a complaint, is also unlawful and will not be tolerated. The District will promptly investigate, remedy any harm, seek to prevent recurrence of such conduct, and will also develop procedures to accomplish this end. This policy applies to conduct directed toward persons associated with the educational community by all other persons associated with the educational community including, but not limited to, students, District employees, the School Committee, school volunteers, and independent contractors.

I. What Is Discrimination, including Harassment?

A. Discrimination: Treating persons differently, or interfering with or preventing them from enjoying the advantages or privileges afforded to others because of their membership in a protected class.

B. Harassment: Oral, written, graphic, electronic, or physical conduct relating to a person's actual or perceived membership in a protected class that is sufficiently severe, pervasive or persistent so as to interfere with or limit that person's ability to participate in the District's programs or activities by creating a hostile, humiliating, intimidating, or offensive educational environment.

Harassing conduct based on a person's protected status may include, but is not limited to:

Degrading, demeaning, insulting, or abusive verbal or written statements; 
Taking personal belongings, taunting, teasing, name-calling, or spreading rumors; 
Drawing or writing graffiti, slogans, visual displays, or symbols on school or another's property; 
Telling degrading or offensive jokes; 
Unwanted physical contact of any kind; 
Physical violence, threats of bodily harm, physical intimidation, or stalking; 
Threatening letters, emails, instant messages, or websites that come within the scope of the District's disciplinary authority; 
Defacing, damaging, or destroying school or another's property.

II. Responsibilities of all Persons Associated with Educational Community

Each member of the educational community is personally responsible for ensuring that his/her conduct does not in any way harass or discriminate against any other person that he/she has contact with in the performance of his/her duties or studies or while acting as a member of the school community. In addition, each member of the educational community is required to fully cooperate in any investigation of alleged discrimination, including harassment. Further, District employees are obligated to intervene and stop any discrimination, including harassment they witness and to immediately report to the appropriate party instances of discrimination, including harassment that are reported to them or of which they otherwise learn.

III. Designated Officials for Addressing Discrimination and Harassment Complaints

The Civil Rights Coordinator(s) are responsible for receiving reports and complaints of violations of this Policy. Individuals may file a report or complaint of discrimination, including harassment, with the Civil Rights Coordinator(s). If the complaint involves allegations of discrimination based on disability, the person filing the complainant also has the option to file his/her complaint with the building level 504 coordinator. A report or complaint of a violation involving the Civil Rights Coordinator(s) should be filed with the Superintendent.  A report or complaint of violation involving the Superintendent should be filed with the Committee. 

The Civil Rights and Title VI Coordinator:   
Conor Driscoll, 48 Boyle Rd., Gill, MA  01354, 413-863-7456, conor.driscoll@gmrsd.org

Title IX Coordinator:
Dianne Ellis, 35 Crocker Avenue, Turners Falls, MA  01376, 413-863-9311, dianne.ellis@gmrsd.org

Section 504/Title II Coordinator:
Christine Limoges, 35 Crocker Avenue, Turners Falls, MA  01376, 413-863-3252, christine.limoges@gmrsd.org

V. Procedure for Reporting Discrimination and Harassment

The following complaint procedure has been established to ensure prompt and effective investigation into allegations of discrimination, including harassment.

A person who believes that he or she had been discriminated against, including being harassed may, to the extent that they feel comfortable, immediately:

1.  confront the harasser(s) or person believed to be discriminating against him/her; 
2.  state the conduct that he/she objects to; 
3.  indicate that he/she finds such conduct offensive, intimidating and/or embarrassing; 
4.  insist that the person(s) engaging in the conduct stop the conduct immediately; and/or 
5.  report the conduct immediately to the Civil Rights Coordinator(s);

If the individual with the concern is not comfortable with such a confrontation, or feels that such a confrontation is unsafe and/or otherwise inappropriate, he/she should instead report the situation to the Civil Rights Coordinator(s). Reports/complaints are to be filed within ninety (90) days after the conduct complained of occurred or within the time the individual reasonably becomes aware of the conduct. (Note: this filing period may be extended for good cause.) Reports/complaints filed after ninety (90) days will still be accepted, however, it is important to know that the investigation may be impeded due to the passage of time after the conduct or occurrence.  The report can be written or oral and should consist of the following:

1.  the specific conduct objected to, 
2.  the date(s) and time(s) such conduct took place, 
3.  the name(s) of the alleged harasser(s) or person believed to be discriminating against them, 
4.  the location(s) where the conduct occurred, 
5.  the name(s) of any witness(es), 
6.  action sought to remedy the situation, and 
7.  any other details or information requested by the designated official. 

The individual can contact the Civil Rights Coordinator(s) to file a report/complaint as well as to seek assistance in the filing of a report/complaint. If a report/complaint is filed, the person should provide the Civil Rights Coordinator(s) with any documentation (emails, notes, pictures, etc.) or other information in support of the allegation of discrimination, including harassment.

VI. Investigation of Complaints

Upon receipt of a report or complaint, the Civil Rights Coordinator(s) should conduct a prompt investigation. The investigation must allow for the complainant, the subject of the complaint, the alleged harasser, and any other appropriate party to provide information, including witnesses or other evidence, relevant to the consideration and resolution of the complaint. The Civil Rights Coordinator(s) will also endeavor to promptly interview and obtain detailed written statements from potential witnesses. If further documentation or information is necessary, the Civil Rights Coordinator(s) will notify the appropriate party, asking that the information be provided within ten (10) school/working days.

The District will take interim steps, as necessary, to ensure the safety and well-being of the complainant and the alleged harasser while the investigation is being conducted.  Interim measures are available even if the complainant does not file or continue to pursue a complaint.  The Civil Rights Coordinator(s) shall notify the complainant and the alleged harasser of specific types of interim measures available, which may include measures to avoid contact with the other party, allowing employees to change work situations as appropriate, or prohibiting contact between the parties pending the results of the District's investigation.  At any time, a complainant or the alleged harasser may request either orally or in writing to the Civil Rights Coordinator that specific interim measures be taken pending the outcome of the investigation.

A written determination regarding the complaint and any resolution will be provided by the Civil Rights Coordinator to the complainant and the alleged harasser within thirty (30) school/working days of the complaint.  The determination of whether the District's antidiscrimination policy has been violated will be based upon a preponderance of the evidence standard.

The complainant or the alleged harasser may request reconsideration of the determination and/or resolution of a complaint by notifying the Superintendent in writing or verbally within seven (7) school/working days of receipt of the written determination of the Civil Rights Coordinator. The Superintendent or his/her designee will respond to such request with notice to both parties within (30) thirty school/working days of receipt of the request for reconsideration; his/her decision is final.

If a violation is found to have occurred, the District will take steps to prevent recurrence of the violation and correct its discriminatory effect on the person(s) affected. Such steps may include appropriate disciplinary action, counseling, development of a safety plan and other remedies, as appropriate.

VII. Consequences of Violating Policy - Discipline & Discharge

Any employee who violates this policy will be subject to disciplinary action consistent with the contractual provisions governing his/her employment. In appropriate circumstances, the District may also refer the matter to law enforcement officials for possible prosecution.

Any student who violates this policy will be subject to disciplinary action which may range from detention, suspension from schools, or expulsion from school. (Note: students with disabilities will be subject to the applicable disciplinary procedures set forth in the Students' Rights and Responsibilities District handbook, which adhere to Individuals with Disabilities Education Act and Section 504 of Rehabilitation Act of 1973.) In appropriate circumstances, the District may also refer the matter to law enforcement officials for possible prosecution.

VIII. Confidentiality

Investigations of discrimination, including harassment complaints shall be conducted in such a manner as to disclose information only to those with a need to know or those who may have information pertinent to the investigation. Please note, some level of disclosure may be necessary in the course of conducting interviews in connection with investigation of any complaint under this policy. The District shall endeavor to keep such information as confidential as it can without compromising the thoroughness of the investigation.

IX. State and Federal Authorities

In addition to the process described above, the complainant may, at any time, file a complaint with the U.S. Department of Education Office for Civil Rights, Massachusetts Commission Against Discrimination, Massachusetts Department of Elementary and Secondary Education, or other appropriate federal or state agency charged with enforcement of state and federal laws prohibiting discrimination, including harassment based on membership in a protected class.

U.S. Department of Education
Office for Civil Rights 
5 Post Office Square 
8th Floor, Suite 900
Boston, MA 02109-3921 
Telephone: (617) 289-0111 http://www.ed.gov

Massachusetts Commission Against Discrimination
436 Dwight St., 2nd Floor, Rm. 220
Springfield, MA 01103
Telephone:  (413) 739-2145

Massachusetts Department of 
Elementary and Secondary Education
75 Pleasant Street
Malden, MA 02148-4906
Telephone: (781) 338-3000

Legal References:  Title VII, Section 703, Civil Rights Act of 1964 as amended 45

Title VI of the Civil Rights Act of 1964

Federal Regulation 74676 issued by EEO Commission

Education Amendments of 1972, 20 U.S.C. 1681 et seq. (Title IX)

Board of Education 603 CMR 26:00

Rehabilitation Act of 1973, Section 504, as amended

Title II, Americans with Disabilities Act of 1992, as amended

Amended August 28, 2018
School Committee Approved August 28, 2018