5145.5 and 4118.12 Sexual Harassment

Policies

Middletown Public Schools                                                           No. 4118.12 and 5145.5

Sexual Harassment

SEXUAL HARASSMENT

I. GENERAL STATEMENT OF POLICY

Sexual Harassment is a form of sex discrimination, which violates Section  703 of Title VII of the Civil Rights Act of 1964, as amended, 42 W.S.C. 2000e, et  seq., and Rhode Island Statutes.

It is the policy of the Middletown School Committee and district to  maintain a learning and working environment that is free from sexual  harassment. The district prohibits any form of sexual harassment.

It shall be a violation of this policy for any student or employee of the  Middletown School Committee and district to harass any student or employee  through conduct or communication of a sexual nature as defined by this policy.

The district will act to investigate all complaints, either formal or informal,  verbal or written, of sexual harassment and to discipline any student or  employee who sexually harasses a student or employee of the district.

II. SEXUAL HARASSMENT DEFINED

A. Sexual harassment consists of unwelcome sexual advances, requests for  sexual favors, sexually motivated physical conduct or other verbal or  physical conduct or communication of a sexual nature when:

1. Submission to that conduct or communication is made a term or  condition, either explicitly or implicitly, of obtaining or retaining  employment or of obtaining an education; or

2. 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

3. That conduct or communication has the purpose or effect of  substantially or unreasonably interfering with an individual’s  employment or education, or creating an intimidating, hostile or  offensive employment or educational environment.

4. Any sexual harassment, as defined when perpetrated on any student  or employee by any student or employee, will be treated as sexual  harassment under this policy.

B. Sexual harassment may include, but is not limited to:

1. verbal harassment or abuse;

2. subtle pressure for sexual activity;

3. inappropriate patting or pinching;

4. intentional brushing against a student’s or an employee’s body;  5. demanding sexual favors accompanied by implied or overt threats  concerning an individual’s employment or educational status;  6. demanding sexual favors accompanied by implied or overt promises  of preferential treatment with regard to an individual’s employment or  educational status; or

7. any sexually motivated unwelcome touching.

III. REPORTING PROCEDURE

Any person who believes he or she has been the victim of sexual  harassment by a student or employee of the district, or any third person with  knowledge or belief of conduct which may constitute sexual harassment, should  report the alleged acts immediately to an appropriate school district official as  designed in this policy. The district encourages the reporting party or  complainant to use the report form available from the principal of each building  or available from the district central office. The investigation of alleged sexual  harassment is not, however, contingent upon a written report.

A. In Each School Building – The Building Principal is the person responsible  for receiving oral and written reports of sexual harassment at the building  level. Upon receipt of a report, the principal must notify the District  Human Rights Officer immediately without screening or investigating the  report. The written report will be forwarded immediately to the District  Human Rights Officer. If the report was given verbally, the principal shall  reduce it to written form within 24 hours and forward it to the District  Human Rights Officer. Failure to forward any sexual harassment report  or complaint as provided herein will result in disciplinary action. If the  complaint involves the Building Principal, the complaint shall be filed  directly with the District Human Rights Officer.

B. District-Wide – The School Committee hereby designates the  Superintendent and/or designee, as the District-wide Human Rights  Officer to receive reports or complaints of sexual harassment from any  individual, employee or victim of sexual harassment and also from the  Building Principals as outlined above. If the complaint involves the  Human Rights Officer, the complaint shall be filed directly with the  School Committee. The district will conspicuously post the name of the  Human Rights Officer, including a mailing address and telephone  number.

C. Submission of a complaint or report of sexual harassment will not affect  the individual’s future employment, grades or working assignment.

D. Use of formal reporting forms is not mandatory.

The Middletown School Committee and district will respect  confidentiality of the complainant and the individual(s) against whom the  complaint is filed as much as possible, consistent with the district’s legal  obligations and the necessity to investigate allegations of harassment and take  disciplinary action when the conduct has occurred.

IV. INVESTIGATION AND RECOMMENDATION

The Human Rights Officer, upon receipt of a report of complaint alleging  sexual harassment, shall immediately authorize an investigation. This  investigation may be conducted by the school district officials or by a third party  designated by the school district. The investigating party shall provide a written  report of the status of the investigation within ten working days to the  Superintendent.

In determining whether alleged conduct constitutes sexual harassment,  the school district should consider the surrounding circumstances, the nature of  the sexual advances, relationship between the parties involved and the context in  which the alleged incidents occurred.

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 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.

In addition, the school district may take immediate steps, at its discretion,  to protect the complainant, students and employees pending completion of an  investigation of alleged sexual harassment.

V. SCHOOL DISTRICT ACTION

A. Upon receipt of a recommendation that the complaint is valid, the school  district will take such action as appropriate based on the results of the  investigation.

B. The result of the investigation of each complaint filed under these  procedures will be reported in writing to the complainant by the school  district. The report will document any disciplinary action taken as a result  of the complaint.

VI. REPRISAL

The Middletown School Committee or the Superintendent will discipline  any individual who retaliates against any person who reports alleged sexual  harassment or who retaliates against any person who testifies, assists or  participates in an investigation, proceeding or hearing relating to a sexual  harassment complaint. Retaliation includes, but is not limited to, any form of  intimidation, reprisal or harassment.

VII. NON-HARASSMENT

The Middletown School Committee and the Superintendent recognize that  not every advance or comment of a sexual nature constitutes harassment.  Whether a particular action or incident is a personal, social relationship without  a discriminatory employment or educational effect requires a determination  based on all the facts and surrounding circumstances. It is recognized that false  accusations of sexual harassment can have a serious detrimental effect on  innocent parties.

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 Rhode Island  Commission on Human Rights, initiating civil action or seeking redress under  State criminal statues and/or Federal law.

IX. SEXUAL HARASSMENT AS SEXUAL ABUSE

Under certain circumstances, sexual harassment may constitute abuse  under Rhode Island statute. In such situations, the Middletown School  Committee and district will comply with all applicable State laws governing the  maltreatment of minors.

X. DISCIPLINE

Any school district action taken pursuant to this policy will be consistent  with requirements of applicable collective bargaining agreements, Rhode Island  statutes, regulations and policies of the school district. The school district will  take such disciplinary action it deems necessary and appropriate, including  warning, suspension or immediate discharge to and sexual harassment and  prevent its recurrence.

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General Statement of Policy Prohibiting Sexual Harassment  The Middletown School Committee and district maintain a firm policy  prohibiting all forms of discrimination based on sex. Sexual harassment against  students or employees is sex discrimination. All persons are to be treated with  respect and dignity. Sexual advances or other forms of personal harassment by  any person, male or female, which create an intimidating, hostile or offensive  environment will not be tolerated under any circumstances.  Complainant ________  Home Address _________  Work Address________  Home Phone___ Work Phone____  Date of Alleged Incident(s)_______  Name of the person you believe sexually harassed you____  List any witnesses that were Present_____  __________  Where did the incident(s) occur?_________  ___________  Describe the incident(s) as clearly as possible, including such things as: what  force, if any, was used; any verbal statements (i.e. threats, requests, demands,  etc.); what, if any, physical contact was involved; what did you do to avoid the  situation, etc. (Attach additional pages if necessary).____  ____________________  __________ ___________This complaint is based on my honest belief that ___ has  sexually harassed me. I hereby certify that the information I have provided in  this complaint is true, correct and complete to the best of my knowledge and  belief.  ______ _____   Complainant Signature Date  ______ _________   Received by Date |

1st Reading – August 19, 1993

Approved by School Committee - September 9, 1993

Reviewed and Approved – May 18, 2000

Review and Incorporated Policies 4140 & 5040 - August 21, 2025

3 Year Review Due - August 2028