Preventing Sexual Harassment & Reporting Child Abuse Granby Public Schools 2014-2015 30504600 ©2001 Business & Legal Reports, Inc.

Presentation Objectives Making clear a commitment to dignity and respect in our schools Learning what is prohibited Learning what to do to address inappropriate behavior Learning how to report suspected child abuse Why are we here today? District objectives We are committed to dignity and respect in our schools. This means all of us—adults and students—must know and enforce appropriate behavior. First, we will talk about what exactly is prohibited. Then we will talk about what to do about inappropriate behavior we experience or witness. 30504600 ©2001 Business & Legal Reports, Inc.

Preventing Sexual Harassment 30504600 ©2001 Business & Legal Reports, Inc.

What is harassment? Intimidation by threats of or actual physical violence that create a climate of hostility or intimidation Or the use of language, conduct, or symbols in such manner as to convey hatred, contempt, or prejudice or to have the effect of insulting or stigmatizing an individual What is sexual harassment? Title VII Title VII of the Civil Rights Act generally prohibits discrimination in employment based on race, color, religion, sex, or national origin. Discrimination in employment generally means discrimination that negatively affects an individual’s terms, conditions, or privileges of employment. Sexual harassment is a form of sex discrimination that is prohibited by Title VII. 30504600 ©2001 Business & Legal Reports, Inc.

Examples of harassment Offensive name calling, jokes, pictures, objects Unwanted touching, sexual advances, spreading of sexual rumors Offensive sexual remarks in the classroom Impeding work of student or employee on basis of discriminatory factors (i.e., race) Limiting access to tools on same basis Examples of harassment? Name calling, jokes, pictures, objects that are offensive to one’s gender, race, color, sexual orientation, national origin, religion, disability, or socio-economic status (SES) Unwanted touching, sexual advances, requests for sexual favors, and spreading sexual rumors Inappropriate unwanted or offensive sexual remarks made in the context of the classroom or the workplace Impeding the progress of a student in class by questioning the student’s ability to do required classwork based on gender, race, color, sexual orientation, religion, national origin, disability, or SES Impeding the work of an employee by questioning the ability to do required work based on the same discriminatory factors Limiting access to tools (educational or work related) based on the same discriminatory factors Even teasing about a student’s subject choice or assignment based on the aforementioned discriminatory factors 30504600 ©2001 Business & Legal Reports, Inc.

What is sexual harassment? Sexual attention that is unwanted Includes any unwelcome: Physical contact Sexual remarks about a person’s clothing or body Sexual questions, jokes, anecdotes, or stories Sexually explicit materials in the classroom or workplace that have no educational or work-related purpose What is sexual harassment? Sexual attention that is unwanted Includes any unwelcome: -physical contact Sexual remarks about a person’s clothing or body Sexual questions, jokes, anecdotes, or stories Sexually explicit materials in the classroom or workplace that have no educational or work-related purpose 30504600 ©2001 Business & Legal Reports, Inc.

Who can experience sexual harassment? Direct targets of harassment (students, employees, volunteers) Indirect targets of harassment (bystanders, witnesses) Who can experience sexual harassment? Direct targets, bystanders, and witnesses An employee or student may experience sexual harassment as an intended or direct target. For example, a student that is constantly subjected to another student’s sexual advances is a direct target, and therefore, a victim of these unlawful acts. However, some courts have held that bystanders, or mere witnesses to unlawful acts of sexual harassment, may also be victims. As a result, an employee or student that bears witness to sexual harassment that is directed towards another may also find protection under the law. 30504600 ©2001 Business & Legal Reports, Inc.

Consequences of sexual harassment EMPLOYEE—subject to disciplinary action including but not limited to termination of employment STUDENT—subject to disciplinary action that may result in suspension or expulsion VOLUNTEER—subject to disciplinary action including, but not limited to, exclusion from volunteer activities Consequences of sexual harassment EMPLOYEE Disciplinary action with range of consequences STUDENT 30504600 ©2001 Business & Legal Reports, Inc.

What to do if you experience harassment/discrimination? If you experience or witness this type of interference SEEK ASSISTANCE WITHIN THE SCHOOL SYSTEM PROMPTLY. Talk to someone you trust Keep a written record Make it clear to the harasser that the behavior will not be tolerated Report to an authority and file the appropriate forms What to do if you experience harassment/discrimination: SEEK ASSISTANCE PROMPTLY Talk to a trusted person Document, document, document Make clear to harasser that behavior will not be tolerated Use the district process to report behavior 30504600 ©2001 Business & Legal Reports, Inc.

What if it is a student? Listen carefully to student’s allegations Let student know you take him/her seriously Complete the district forms or accompany student to appropriate person who has the forms What if it is a student? Listen carefully—you are the trusted adult here Let student know that you take the matter seriously Complete the district forms or take the student to the appropriate person in your building 30504600 ©2001 Business & Legal Reports, Inc.

Who is responsible for addressing harassment? ALL administrators and staff must be responsible for implementing district policy regarding harassment. Who is responsible for addressing harassment? All employees of the district must be responsible for implementing the district policy. 30504600 ©2001 Business & Legal Reports, Inc.

Who handles formal and informal complaints? School guidance counselor Building principal Director of Pupil Services (Title IX Coordinator) Superintendent Who handles formal and informal complaints? There is a person in each building designated as the contact person—usually guidance counselor and/or principal DPP/Transportation office has district responsibility for these complaints Ultimately the superintendent is responsible 30504600 ©2001 Business & Legal Reports, Inc.

General guiding principles Familiarize yourself with the district policy Address incidents of sexual harassment immediately Cooperate with authorities Thorough investigation Satisfactory resolution General guiding principles Since the elimination of sexual harassment from the workplace is a responsibility that is shared by both administration and staff, we have developed an acronym to help employees achieve a better understanding of their role in achieving our policy objectives. This acronym is specifically designed to serve as a quick and easy reminder of the most important responsibilities that managers and employees have in effecting our policy against sexual harassment in the workplace; that is, to identify, report, and satisfactorily resolve all charges of sexual harassment. <The acronym should now be reviewed.> Follow the FACTS F - Familiarize yourself with the district policy A - Address incidents of sexual harassment immediately C - Cooperation between the employor and employees T - Thorough investigation of complaints S - Satisfactory resolution 30504600 ©2001 Business & Legal Reports, Inc.

Follow the FACTS Familiarize yourself with the district policy Read the policy Ask questions Keep a copy in a safe place Follow the FACTS Familiarize yourself with the company policy Managers and employees should become Familiar with the district policy. If an employee does not know that there is a sexual harassment policy or does not understand his or her responsibilities under the policy, the district’s objectives may not be achieved. Employees should become familiar with the policy by fully reading and understanding it, asking questions about aspects that are not clear, and keeping a copy in a safe place so that the policy may be referred to when necessary. 30504600 ©2001 Business & Legal Reports, Inc.

Follow the FACTS Address incidents of sexual harassment immediately Employee must report Administration must respond Follow the FACTS Address incidents of sexual harassment immediately Managers and employees must immediately Address every incident of sexual harassment. Employees must report every incident of sexual harassment that reasonably offends them, whether they are the intended target or not. Managers must remain open and sensitive to complaints of sexual harassment, take every complaint seriously, immediately address every complaint that is received and follow the company policy’s procedure for investigations. 30504600 ©2001 Business & Legal Reports, Inc.

Follow the FACTS Cooperate Full cooperation of all parties is expected and required Follow the FACTS Cooperate Employees must fully Cooperate with any investigation of a sexual harassment charge. Cooperation is not only helpful in achieving a satisfactory resolution; it is expected and required so that every complaint may be quickly and appropriately resolved. 30504600 ©2001 Business & Legal Reports, Inc.

Follow the FACTS Thorough investigation Documentation of complaints Employee/student interviews Signed statements Follow the FACTS Thorough investigation Managers and employees must work together to ensure that a Thorough investigation takes place. Accusing someone of sexual harassment is a serious business. An employee may lose his or her good name or standing in the community as well as his or her job. Therefore, in order to adequately protect the rights of all individuals involved, every complaint must be thoroughly investigated. This means that every complaint will be documented, every party (i.e., complainant, accused, witnesses) to a complaint will be interviewed, every employee statement will be attested to as true (i.e., via employee signature), and every party involved will be expected to cooperate fully. 30504600 ©2001 Business & Legal Reports, Inc.

Follow the FACTS Satisfactory resolution Swift response and resolution Objective review of the facts Fair and appropriate response Follow the FACTS Satisfactory resolution A Satisfactory resolution for every affected employee or student must be reached. A satisfactory resolution can only be achieved through swift reporting and management response, by maintaining objectivity throughout the investigatory process, and by enacting a fair and appropriate resolution. Although charges of sexual harassment must be approached with sensitivity and objectivity, they must also be investigated and resolved with a swift, thorough, and fair hand. 30504600 ©2001 Business & Legal Reports, Inc.

Child Abuse Reporting 30504600 ©2001 Business & Legal Reports, Inc.

Child Abuse Reporting M.G.L., Chapter 119 section 51 A: (a) A mandated reporter who, in his professional capacity, has reasonable cause to believe that a child is suffering physical or emotional injury resulting from: (i) abuse inflicted upon him which causes harm or substantial risk of harm to the child's health or welfare, including sexual abuse; (ii) neglect, including malnutrition; or (iii) physical dependence upon an addictive drug at birth, shall immediately communicate with the department orally and, within 48 hours, shall file a written report with the department detailing the suspected abuse or neglect.

Child Abuse Reporting Abuse – Any act or failure to act that places a child in jeopardy of physical, mental, or emotional injuries. Report must be made within 48 hours after professional has cause to believe abuse has occurred.

Child Abuse Reporting Report contents – Description of believed abuse. Name and address of child. Name and address of person. responsible for child’s welfare. Any other pertinent information.

Child Abuse Reporting Procedures Staff members will immediately report suspicion of neglect/ abuse to the school psychologist or building principal. He/she will contact the Superintendent or his/her designee. This team of professionals will determine the course of action.

Child Abuse Reporting Procedures If a 51 A is to be filed , the school psychologist will do the intake and in the majority of cases immediately call the report into the Department of Children and Families, formerly DSS. This call will be followed within 48 hours by a written report which will be kept in a file with the Director of Pupil Services.

Child Abuse Reporting Procedures DCF discourages schools from asking parents for permission to interview students, however, DCF suggests that when such an interview takes place, a member of the school staff be present. Therefore, the DCF case worker will interview the student in the presence of the building principal or designee. A copy of the 51A will be filed in the Director of Pupil Services’ office. The Superintendent will be informed of the filing within 24 hours.

Presentation Summary Part I Sexual harassment is physical, verbal, or visual conduct of a sexual nature in the school or workplace that is unwelcome. Sexual harassment is unlawful. Part II It is required by law to report incidents of child abuse within 48 hours. Failure to report child abuse and making false reports of abuse are punishable by law. 30504600 ©2001 Business & Legal Reports, Inc.

To report harassment……. Contact: Director of Pupil Services Granby Public Schools Thomas W. Jefferson, Ed.D tjefferson@granbyschoolsma.net 413-467-9237