Adopted: MSBA/MASA Model Policy 413
Revised: Rev. 2021
413 HARASSMENT AND
VIOLENCE
I. PURPOSE
The purpose of this policy is to maintain a learning and
working environment free from harassment and violence on the basis of race,
color, creed, religion, national origin, sex, age, marital status, familial
status, status with regard to public assistance, sexual orientation, or disability (Protected Class).
II. GENERAL
STATEMENT OF POLICY
A. The policy
of the school district is to maintain a learning and working environment free
from harassment and violence on the basis of Protected Class. The school district prohibits any form of
harassment or violence on the basis of Protected Class.
B. A violation
of this policy occurs when any student, teacher, administrator, or other school
district personnel harasses a student, teacher, administrator, or other school
district personnel or group of students, teachers, administrators, or other
school district personnel through conduct or communication based on a person’s Protected
Class, as defined by this policy. (For
purposes of this policy, school district personnel include school board
members, school employees, agents, volunteers, contractors, or persons subject
to the supervision and control of the district.)
C. A violation
of this policy occurs when any student, teacher, administrator, or other school
district personnel inflicts, threatens to inflict, or attempts to inflict
violence upon any student, teacher, administrator, or other school district personnel
or group of students, teachers, administrators, or other school district personnel
based on a person’s Protected Class.
D. The school
district will act to investigate all complaints, either formal or informal,
verbal or written, of harassment or violence based on a person’s Protected
Class, and to discipline or take appropriate action against any student,
teacher, administrator, or other school district personnel found to have
violated this policy.
III. DEFINITIONS
A. “Assault”
is:
1. an act done with intent to cause fear
in another of immediate bodily harm or death;
2. the intentional infliction of or
attempt to inflict bodily harm upon another; or
3. the threat to do bodily harm to another
with present ability to carry out the threat.
B. “Harassment”
prohibited by this policy consists of physical or verbal conduct, including,
but not limited to, electronic communications, relating to an individual’s or
group of individuals’ race, color, creed, religion,
national origin, sex, age, marital status, familial status, status with regard
to public assistance, sexual orientation, including
gender identity or expression, or disability, when the conduct:
1. has the purpose or effect of creating
an intimidating, hostile, or offensive working or academic environment;
2. has the purpose or effect of
substantially or unreasonably interfering with an individual’s work or academic
performance; or
3. otherwise adversely affects an
individual’s employment or academic opportunities.
C. “Immediately”
means as soon as possible but in no event longer than 24 hours.
D. Protected
Classifications; Definitions
1. “Disability” means, with respect to an
individual who
a. a physical sensory or mental impairment
that materially limits one or more major life activities of such individual;
b. has a record of such an impairment; or
c. is regarded as having such an
impairment.
2. “Familial status” means the condition
of one or more minors being domiciled with:
a. their parent or parents or the minor’s
legal guardian; or
b. the designee of the parent or parents
or guardian with the written permission of the parent or parents or guardian.
The protections afforded against harassment or discrimination on the basis of
family status apply to any person who is pregnant or is in the process of
securing legal custody of an individual who has not attained the age of
majority.
3. “Marital status” means whether a person
is single, married, remarried, divorced, separated, or a surviving spouse and,
in employment cases, includes protection against harassment or discrimination
on the basis of the identity, situation, actions, or beliefs of a spouse or
former spouse.
4. “National origin” means the place of
birth of an individual or of any of the individual’s lineal ancestors.
5. “Sex” includes, but is not limited to,
pregnancy, childbirth, and disabilities related to pregnancy or childbirth.
6. “Sexual orientation” means having or
being perceived as having an emotional, physical, or sexual attachment to
another person without regard to the sex of that person or having or being
perceived as having an orientation for such attachment, or having or being
perceived as having a self-image or identity not traditionally associated with
one’s biological maleness or femaleness. “Sexual orientation” does not include
a physical or sexual attachment to children by an adult.
7. “Status with regard to public
assistance” means the condition of being a recipient of federal, state, or
local assistance, including medical assistance, or of being a tenant receiving
federal, state, or local subsidies, including rental assistance or rent
supplements.
E. “Remedial response” means a measure to
stop and correct acts of harassment or violence, prevent acts of harassment or
violence from recurring, and protect, support, and intervene on behalf of a
student who is the target or victim of acts of harassment or violence.
F. Sexual
Harassment; Definition
1. Sexual
harassment includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical conduct, or other verbal or physical conduct or
communication of a sexual nature when:
a. submission to that conduct or
communication is made a term or condition, either explicitly or implicitly, of
obtaining employment or an education; or
b. submission
to or rejection of that conduct or communication by an individual is used as a
factor in decisions affecting that individual’s employment or education; or
c. that conduct or communication has the purpose or effect of
substantially interfering with an individual’s employment or education, or
creating an intimidating, hostile, or offensive employment or educational
environment.
2. Sexual
harassment may include, but is not limited to:
a. unwelcome
verbal harassment or abuse;
b. unwelcome
pressure for sexual activity;
c. unwelcome, sexually motivated, or inappropriate patting,
pinching, or physical contact, other than necessary restraint of student(s) by teachers,
administrators, or other school district personnel to avoid physical harm to
persons or property;
d. unwelcome sexual behavior or words, including demands for
sexual favors, accompanied by implied or overt threats concerning an
individual’s employment or educational status;
e. unwelcome sexual behavior or words, including demands for
sexual favors, accompanied by implied or overt promises of preferential
treatment with regard to an individual’s employment or educational status; or
f. unwelcome
behavior or words directed at an individual because of sexual orientation,
including gender identity or expression.
G. Sexual
Violence; Definition
1. Sexual
violence is a physical act of aggression or force or the threat thereof that involves
the touching of another’s intimate parts or forcing a person to touch any
person’s intimate parts. Intimate parts,
as defined in Minnesota Statutes section 609.341, includes the primary genital
area, groin, inner thigh, buttocks, or breast, as well as the clothing covering
these areas.
2. Sexual
violence may include, but is not limited to:
a. touching,
patting, grabbing, or pinching another person’s intimate parts
b. coercing,
forcing, or attempting to coerce or force the touching of anyone’s intimate
parts;
c. coercing,
forcing, or attempting to coerce or force sexual intercourse or a sexual act on
another; or
d. threatening
to force or coerce sexual acts, including the touching of intimate parts or
intercourse, on another.
H. Violence;
Definition
Violence prohibited by this policy is a physical act of
aggression or assault upon another or group of individuals because of, or in a
manner reasonably related to an individual’s Protected Class.
IV. REPORTING
PROCEDURES
A. Any person who believes he or she has
been the target or victim of harassment or violence on the basis of Protected
Class by a student, teacher, administrator, or other school district personnel,
or any person with knowledge or belief of conduct which may constitute
harassment or violence prohibited by this policy toward a student, teacher,
administrator, or other school district personnel or group of students,
teachers, administrators, or other school district personnel should report the
alleged acts immediately to an appropriate school district official designated
by this policy. A person may report conduct that may constitute harassment
or violence anonymously. However, the
school district may not rely solely on an anonymous report to determine
discipline or other remedial responses.
B. The school
district encourages the reporting party or complainant to use the report form
available from the principal or building supervisor of each building or
available from the school district office, but oral reports shall be considered
complaints as well.
C. Nothing in
this policy shall prevent any person from reporting harassment or violence
directly to a school district human rights officer or to the superintendent. If the complaint involves the building report taker, the
complaint shall be made or filed directly with the superintendent or the school
district human rights officer by the reporting party or complainant.
D. In Each
School Building. The building
principal, the principal’s designee, or the building supervisor (hereinafter
the “building report taker”) is the person responsible for receiving oral or
written reports of harassment or violence prohibited by this policy at the
building level. Any adult school
district personnel who receives a report of harassment
or violence prohibited by this policy shall inform the building report taker immediately.
If the complaint involves the building report taker, the
complaint shall be made or filed directly with the superintendent or the school
district human rights officer by the reporting party or complainant. The building report taker shall ensure that this policy and
its procedures, practices, consequences, and sanctions are fairly and fully
implemented and shall serve as a primary contact on policy and procedural
matters.
E. A teacher,
school administrator, volunteer, contractor, or other school employee shall be
particularly alert to possible situations, circumstances, or events that might
include acts of harassment or violence.
Any such person who witnesses, observes, receives a report of, or has
other knowledge or belief of conduct that may constitute harassment or violence
shall make reasonable efforts to address and resolve the harassment or violence
and shall inform the building report taker immediately. School district personnel who fail to inform
the building report taker of conduct that may constitute harassment or violence
or who fail to make reasonable efforts to address and resolve the harassment or
violence in a timely manner may be subject to disciplinary action.
F. Upon receipt
of a report, the building report taker must notify the school district human
rights officer immediately, without screening or investigating the report. The building report taker may request, but
may not insist upon, a written complaint.
A written statement of the facts alleged will be forwarded as soon as
practicable by the building report taker to the human rights officer. If the report was given verbally, the
building report taker shall personally reduce it to written form within 24
hours and forward it to the human rights officer. Failure to forward any harassment or violence
report or complaint as provided herein may result in disciplinary action
against the building report taker.
G. In the
District. The school board hereby
designates Superintendent Clarke as the school district human rights
officer(s) to receive reports or complaints of harassment or violence
prohibited by this policy. If the
complaint involves a human rights officer, the complaint shall be filed
directly with the superintendent.[1]
H. The school
district shall conspicuously post the name of the human rights officer(s),
including mailing addresses and telephone numbers.
I. Submission
of a good faith complaint or report of harassment or violence prohibited by
this policy will not affect the complainant or reporter’s future employment,
grades, work assignments, or educational or work environment.
J. Use of
formal reporting forms is not mandatory.
K. Reports of
harassment or violence prohibited by this policy are classified as private
educational and/or personnel data and/or confidential investigative data and
will not be disclosed except as permitted by law.
L. The school
district will respect the privacy of the complainant(s), the individual(s)
against whom the complaint is filed, and the witnesses as much as possible,
consistent with the school district’s legal obligations to investigate, to take
appropriate action, and to comply with any discovery or disclosure obligations.
M. Retaliation
against a victim, good faith reporter, or a witness of violence or harassment
is prohibited.
N. False accusations or reports of
violence or harassment against another person are prohibited.
O. A person who engages in an act of
violence or harassment, reprisal, retaliation, or false reporting of violence
or harassment, or permits, condones, or tolerates violence or harassment shall
be subject to discipline or other remedial responses for that act in accordance
with the school district’s policies and procedures.
Consequences for students who commit,
or are a party to, prohibited acts of violence or harassment or who engage in
reprisal or intentional false reporting may range from remedial responses or
positive behavioral interventions up to and including suspension and/or
expulsion.
Consequences for employees who permit,
condone, or tolerate violence or harassment or engage in an act of reprisal or
intentional false reporting of violence or harassment may result in
disciplinary action up to and including termination or discharge.
Consequences for other individuals
engaging in prohibited acts of violence or harassment may include, but not be
limited to, exclusion from school district property and events and/or
termination of services and/or contracts.
V. INVESTIGATION
A. By authority
of the school district, the human rights officer, within three (3) days of the receipt
of a report or complaint alleging harassment or violence prohibited by this
policy, shall undertake or authorize an investigation. The investigation may be conducted by school
district officials or by a third party designated by the school district.
B. The
investigation may consist of personal interviews with the complainant, the
individual(s) against whom the complaint is filed, and others who may have
knowledge of the alleged incident(s) or circumstances giving rise to the
complaint. The investigation may also
consist of any other methods and documents deemed pertinent by the
investigator.
C. In
determining whether alleged conduct constitutes a violation of this policy, the
school district should consider the surrounding circumstances, the nature of
the behavior, past incidents or past or continuing patterns of behavior, the
relationships between the parties involved, and the context in which the
alleged incidents occurred. Whether a
particular action or incident constitutes a violation of this policy requires a
determination based on all the facts and surrounding circumstances.
D. In addition,
the school district may take immediate steps, at its discretion, to protect the
target or victim, the complainant, and students, teachers, administrators, or
other school district personnel pending completion of an investigation of
alleged harassment or violence prohibited by this policy.
E. The alleged
perpetrator of the act(s) of harassment or violence shall be allowed the
opportunity to present a defense during the investigation or prior to the
imposition of discipline or other remedial responses.
F. The
investigation will be completed as soon as practicable. The school district human rights officer
shall make a written report to the superintendent upon completion of the
investigation. If the complaint involves
the superintendent, the report may be filed directly with the school
board. The report shall include a
determination of whether the allegations have been substantiated as factual and
whether they appear to be violations of this policy.
VI. SCHOOL
DISTRICT ACTION
A. Upon completion
of an investigation that determines a violation of this policy has occurred,
the school district will take appropriate action. Such action may include, but is not limited
to, warning, suspension, exclusion, expulsion, transfer, remediation,
termination, or discharge. Disciplinary consequences will be sufficiently severe to try
to deter violations and to appropriately discipline prohibited behavior. School district action taken for violation of
this policy will be consistent with requirements of applicable collective
bargaining agreements, Minnesota and federal law, and applicable school
district policies and regulations.
B. The school district is not authorized to disclose to a
victim private educational or personnel data regarding an alleged perpetrator
who is a student or employee of the school district. School officials will notify the targets or
victims and alleged perpetrators of harassment or violence, the parent(s) or
guardian(s) of targets or victims of harassment or violence and the parent(s)
or guardian(s) of alleged perpetrators of harassment or violence who have been
involved in a reported and confirmed harassment or violence incident of the
remedial or disciplinary action taken, to the extent permitted by law.
C. In order to prevent or respond to acts
of harassment or violence committed by or directed against a child with a disability,
the school district shall, where determined appropriate by the child’s
individualized education program (IEP) or Section 504 team, allow the child’s
IEP or Section 504 plan to be drafted to address the skills and proficiencies
the child needs as a result of the child’s disability to allow the child to
respond to or not to engage in acts of harassment or violence.
VII. RETALIATION OR
REPRISAL
The school district will discipline or take appropriate
action against any student, teacher, administrator, or other school district personnel
who commits an act of reprisal or who retaliates against any person who asserts,
alleges, or makes a good faith report of alleged harassment or violence
prohibited by this policy, who testifies, assists, or participates in an
investigation of retaliation or alleged harassment or violence, or who
testifies, assists, or participates in a proceeding or hearing relating to such
harassment or violence. Retaliation includes, but is not limited to, any form
of intimidation, reprisal, harassment, or intentional disparate treatment. Disciplinary consequences will be sufficiently severe to
deter violations and to appropriately discipline the individual(s) who engaged
in the harassment or violence. Remedial
responses to the harassment or violence shall be tailored to the particular
incident and nature of the conduct.
VIII. RIGHT TO
ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to
pursue other avenues of recourse which may include filing charges with the
Minnesota Department of Human Rights or another state or federal agency,
initiating civil action, or seeking redress under state criminal statutes
and/or federal law.
IX. HARASSMENT OR
VIOLENCE AS ABUSE
A. Under
certain circumstances, alleged harassment or violence may also be possible
abuse under Minnesota law. If so, the
duties of mandatory reporting under Minnesota Statutes chapter. 260E may be
applicable.
B. Nothing in
this policy will prohibit the school district from taking immediate action to
protect victims of alleged harassment, violence, or abuse.
X. DISSEMINATION
OF POLICY AND TRAINING
A. This policy
shall be conspicuously posted throughout each school building in areas
accessible to students and staff members.
B. This policy
shall be given to each school district employee and independent contractor who
regularly interacts with students at the time of initial employment with the
school district.
C. This policy
shall appear in the student handbook.
D. The school
district will develop a method of discussing this policy with students and
employees.
E. The school
district may implement violence prevention and character development education
programs to prevent and reduce policy violations. Such programs may offer instruction on
character education including, but not limited to, character qualities such as
attentiveness, truthfulness, respect for authority, diligence, gratefulness,
self-discipline, patience, forgiveness, respect for others, peacemaking, resourcefulness,
and/or sexual abuse prevention.
F. This policy
shall be reviewed at least annually for compliance with state and federal law.
Legal References: Minn. Stat. § 120B.232 (Character
Development Education)
Minn. Stat. § 120B.234 (Child Sexual Abuse Prevention
Education)
Minn. Stat. § 121A.03, Subd. 2
(Sexual, Religious, and Racial Harassment and Violence Policy)
Minn. Stat. § 121A.031 (School Student Bullying Policy)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
Minn. Stat. § 609.341 (Definitions)
Minn. Stat. Ch. 260E (Reporting of
Maltreatment of Minors)
20 U.S.C. §§ 1681-1688 (Title IX of the Education Amendments
of 1972)
29 U.S.C. § 621 et
seq. (Age Discrimination in Employment Act)
29 U.S.C. § 794 (Section 504 of the Rehabilitation Act of
1973)
42 U.S.C. § 1983 (Civil Action for Deprivation of Rights)
42 U.S.C. § 2000d et
seq. (Title VI of the Civil Rights Act of 1964)
42 U.S.C. § 2000e et seq. (Title VII of the Civil
Rights Act)
42 U.S.C. § 12101 et
seq. (Americans with Disabilities Act)
Cross References: MSBA/MASA Model Policy 102 (Equal
Educational Opportunity)
MSBA/MASA Model Policy 401 (Equal Employment Opportunity)
MSBA/MASA Model Policy 402 (Disability Nondiscrimination
Policy)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and
Dismissal of School District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel
Data)
MSBA/MASA Model Policy 414 (Mandated Reporting of Child
Neglect or Physical or Sexual Abuse)
MSBA/MASA Model Policy 415 (Mandated Reporting of
Maltreatment of Vulnerable Adults)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 514 (Bullying Prohibition Policy)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil
Records)
MSBA/MASA Model Policy 521 (Student Disability
Nondiscrimination)
MSBA/MASA Model Policy 522 (Title IX Sex Nondiscrimination,
Grievance Procedures and Process)
MSBA/MASA Model Policy 524 (Internet Acceptable Use and
Safety Policy)
MSBA/MASA Model Policy 525 (Violence Prevention)
MSBA/MASA Model Policy 526 (Hazing Prohibition)
MSBA/MASA Model Policy 528 (Student Parental, Family, and
Marital Status Nondiscrimination)
[1] In some school
districts the superintendent may be the human rights officer. If so, an alternative individual should be
designated by the school board.