Sexual harassment, in all its forms, is not tolerated at Diman Regional Vocational Technical High School and School or Practical Nursing.

It is the policy of the Greater Fall River Vocational School District Committee that no School District employee who has engaged in sexual harassment or sexual abuse shall be allowed to resign in exchange for a "neutral, dates only" job reference. The Greater Fall River Vocational School District Committee hereby directs its employees agents and attorney not to enter any agreement or arrangement whereby a School District employee who is suspected of sexual harassment and/or sexual abuse is allowed to resign in exchange for a "neutral, dates only" job reference.

It is the policy of the Greater Fall River Vocational School District Committee that in the case of any School District employee who is discharged for cause related to sexual harassment and/or sexual abuse the Superintendent-Director shall transfer notice of such discharge for cause to the appropriate state credential file for such employee so that there will be a record of such employee's discharge and the grounds for discharge. Copies of this notice shall be provided by the Superintendent-Director to the School Committee immediately.

It is the policy of the Greater Fall River Vocational School District Committee that in the case of any School District employee who is convicted of criminal charges related to sexual abuse, that the Superintendent-Director transfer notice of such conviction to the appropriate state credential file for such employee so that there will be a record of such employee's ground for discharge.

Definitions

For purposes of this policy. "sexual harassment" shall be defined as:

(By law the victim defines sexual harassment. What one person may consider acceptable behavior may be viewed as sexual harassment by another person.)

Any sexual comments, behaviors or actions which are unwanted, offensive or intimidating to others. Such behaviors may include verbal comments, subtle pressure for sexual activity, pinching, patting and other forms of unwanted touching, as well as more sever manifestations such as sexual assault, rape or attempted rape. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute harassment when:

1. Submission to such conduct is made, either explicitly, a term or condition of an individual's employment: or in the case of a student, 'a factor in the assignment of grades;
2. Submission to or rejection of such conduct by an individual is used as the basis for an employment decision or in the case of a student disciplinary action affecting such an individual; or
3. Such conduct has the purpose or effect of substantially interfering with an individual's work performance, educational progress, or creating an intimidating, hostile or offensive, or unsafe working/learning environment.

For purposes of this policy, "sexual abuse" shall include any conduct which comes within the definition on unlawful sexual intercourse, attempted rape, open and gross lewdness and lascivious behavior, indecent exposure, and such other proscribed sexually related conduct as these terms are used in the Massachusetts General Laws, Chapter 272, and cases decided pursuant thereto.

Effects:

Under conditions of sexual harassment a student's self-esteem, academic performance, extra-curricular participation, and social progress may be affected. A student is likely to have a high number of absences and may demonstrate a lack of pride in their work because the victim is tied up in coping with humiliating, sexual innuendo, and/or an intimidating atmosphere created by sexual harassment. Some students may become hostile under the pressure of an unchecked school climate. Others may not feel safe enough to participate fully in classes and school activities.

Procedure for Dealing with Sexual Harassment (Student to Student; Student to Adult):

1. The victim should be encouraged to report the incident(s) to a guidance counselor or any faculty member or administrator. The victim will have the option of reporting the incident to an outside agency or impartial person. The victim may need to be escorted to the guidance office in a supportive effort to help. In the case of student-to-adult, the adult should report the incident to the student's guidance counselor.
2. The counselor should record the date, time and circumstances under which this situation was brought to his/her attention. A record of all parties named in the compliant including the alleged harasser, and also any person (s) who may have witnessed the act(s) or facilitated the victim in any way, must be maintained.
3. Informal Resolution. On the first compliant the counselor will assist the victim in communicating to the harasser, in writing or verbally, a description of the harassing behaviors, how the behavior made the victim feel, noting any consequences to school performance, and a request to stop the harassment. The counselor will be present when such communication is made and should record the date, time and substance of said communication for later reference. If the victim so chooses, the communication to the harasser may be made by the counselor alone. Care should be taken not to place the total onus for this harasser of the disciplinary consequences should the harassment not cease or if any retaliation follows the communication.
   NOTE: When sexual harassment is more that verbal, involving serious sexual behavior, an informal resolution is not desirable. In such cases, after consultation with the Assistant Superintendent/Director/Principal, a referral should be made for a formal investigation.
4. Formal investigation. According to prior experience, in most cases an informal resolution will resolve the harassment. However, when the victim brings a second complaint, a more formal investigation must be carried out. This investigation will be made by the Assistant Superintendent-Director/Principal or his/her designee (Title IX Coordinator) to determine if disciplinary action is now warranted. This investigation, in which witnesses and additional evidence are gathered, should be conducted while maintaining confidential, and without violating the due process rights of the accused.
   
   In cases of sexual harassment requiring a formal investigation to determine whether or not the accusation is justified, it is important to:
1. Have a supportive faculty member of the same sex as the victim present at all discussions with the victim involved in the case.
2. Keep the investigating group as small as possible to protect the rights of both parties and to prevent the investigation from becoming an inquisition.
5. If the Assistant Superintendent-Director/Principal or his/her designee finds sufficient cause, the harasser may be suspected from school as outlined in the school discipline code. The appropriate suspension forms should be completed and forwarded to the student/parent with a copy to the Student Services office. In addition, a separate file of all records related to the resolution of a sexual harassment dispute should be kept in the Assistant Superintendent-Director/Principal's office. PLEASE NOTE: If at any time during this process a counselor or school official is made aware of behavior which may constitute a criminal offense, they are obligated by law to report such actions to the legal authorities. In addition, any behaviors observed by any school official which detracted from the good order of the school, or inhibit the educational process may lead directly to disciplinary actions already outlined in the discipline code.

Procedures for Dealing with Sexual Harassment (Adult to Student Adult to Adult)

All complaints of sexual harassment involving adults must be reported to the Assistant Superintendent-Director/Principal. The victim will have the option of reporting the incident to an outside agency or impartial person.

Informal Resolution

1. In cases where the alleged harassment is of a vertical nature, and clearly not suggestive of criminal activity or sexual abuse, the Assistant Superintendent-Director/Principal or his/her designee will call in the alleged harasser, communicate the complaint, and seek informal resolution. The date, time and substance of this meeting will be recorded.
2. When an informal resolution does not resolve the complaint, the Assistant Superintendent-Director/Principal will immediately notify the Superintendent-Director who will make a decision regarding additional action to be taken.

Formal Action

1. When a sexual harassment complaint suggests a criminal offense or sexual abuse, a report must be filed with the appropriate legal authorities for an independent investigation. In cases involving adult to student sexual behavior, the Assistant Superintendent-Director/Principal must file a 51A Report with the Department of Social Services.
2. After such a report has been filed, the Assistant Superintendent-Director/Principal will immediately notify the Superintendent-Director who will make a decision regarding any interim action while independent investigation is taking place.
3. Upon completion of the independent investigation, the Superintendent-Director will take any additional action deemed necessary based upon the ultimate findings of such investigation.

Mandatory Reporting

According to Massachusetts General Law Chapter 119, Section 51A, School District employees are mandated to report all cases of physical or sexual abuse of any child under the age of eighteen to the Department of Social Services should an investigation reveal reasonable cause to so do.