File: ACAB - SEXUAL HARASSMENT

All persons associated with the Worcester Public Schools including, but not necessarily limited to, the Committee, the administration, staff, and students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment.  Any person who engages in sexual

harassment while acting, as a member of the school community, will be in violation of this policy.  Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating in an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated.

Since the Worcester School Committee takes allegations of sexual harassment seriously, we will respond promptly and equitably to complaints of sexual harassment and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action, where appropriate.

When a complaint or report of sexual harassment is made under this school's policy, the Title IX Coordinator (or designee) will: (1) confidentially contact the complainant to offer supportive measures, consider the complainant's wishes with respect to supportive measures, and inform them of the availability of supportive measures with or without filing a formal complaint; (2) explain the process for how to file a formal complaint; (3) inform the complainant that any report made in good faith will not result in discipline; and (4) respect the complainant's wishes with respect to whether to investigate unless the Title IX Coordinator determines it is necessary to pursue the complaint in light of a health or safety concern for the community.

Please note that while this policy sets forth our goals of promoting a workplace and school environment that is free of sexual harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace or school conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment.

Definition of Sexual Harassment: Unwelcome sexual advances; requests for sexual favors; or other verbal or physical conduct of a sexual nature may constitute sexual harassment where:

1.  Submission to such conduct is made either explicitly or implicitly a term or condition of a persons' employment or educational development.

2.  Submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual.

3.  Such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile, or offensive working or educational environment.

Sexual harassment is not limited to prohibited conduct by a male toward a female, by a supervisory employee toward a non-supervisory employee or by a teacher toward a student.  The Worcester Public Schools' view of sexual harassment includes, but is not limited to, the following considerations:

A.  A man, as well as a woman, may be the victim of sexual harassment and a woman, as well as a man, may be the harasser.

B.  The harasser does not have to be the victim's supervisor.  He/she may also be an agent of the employer, a supervisory employee who does not supervise the victim, a non-supervisory employee (co-worker), or in some circumstances even a non-employee (student, parent).

C.  The victim may be the same or opposite sex as the harasser.

D.  The victim does not have to be the person at whom the unwelcome sexual conduct is directed.  The victim may also be someone who is affected by such conduct when it is directed toward another person.  For example, inappropriate attempts of humor or sexual harassment of one female/male employee may create an intimidating, hostile or offensive working or educational environment for another female/male or may unreasonably interfere with an individual's work or educational performance.

E.  Sexual harassment does not depend on the victim's having suffered a concrete economic injury as a result of the harasser's conduct.  For example, improper sexual advances which do not result in the loss of a promotion by the victim or the discharge of the victim may, nonetheless, constitute sexual harassment when they unreasonably interfere with the victim's work or education or unreasonably create a harmful or offensive work or educational environment.

The Grievance Officers:

Chief Human Resource Officer (508) 799-3020
20 Irving Street
Worcester, MA 01609
Instructional Support Personnel Director (508) 799-3027
20 Irving Street
Worcester, MA 01609

The committee will annually appoint sexual harassment grievance officers who will be vested with the authority and responsibility of processing all sexual harassment complaints in accordance with the procedure set out below.  The grievance officers must be free from conflicts of interest and bias, and be trained to serve impartially without prejudging facts or issues.

Complaint Procedure:

1.  Any member of the school community who believes that he/she has been subjected to sexual harassment will report the incident (s) to one of the grievance officers.  All complaints shall be investigated promptly and resolved as soon as possible.

2.  Supportive measures are available regardless of whether the complainant chooses to pursue any action under this school's policy, including before and after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures are available to the complainant, respondent, and as appropriate, witnesses or other impacted individuals. The Title IX Coordinator will maintain consistent contact with the parties to ensure that safety and emotional and physical well-being are being addressed. Generally, supportive measures are meant to be short-term in nature and will be re-evaluated on a periodic basis. To the extent there is a continuing need for supportive measures after the conclusion of the resolution process, the Title IX Coordinator will work with appropriate school resources to provide continued assistance to the parties.

INFORMAL RESOLUTION PROCESS

3.  The grievance officer may attempt to resolve the problem in an informal manner through the following process:

a.  The informal resolution process shall not be used to resolve allegations that an employee harassed a student. 

b.  The parties' participation in an informal resolution process must be through voluntary written consent of the Complainant and the Respondent. 

c.  The grievance officer will confer with the Complainant in order to obtain a clear understanding of that party's statement of the facts, and may interview any witnesses.

d.  The grievance officer will then attempt to meet with the charged party in order to obtain his/her response to the complaint.

e.  The grievance officer will hold as many meetings with the parties as is necessary to establish the facts.

f.  On the basis of the grievance officer's perception of the situation he/she may:

•   Attempt to resolve the matter informally through mediation or restorative justice if both parties voluntarily agree.  .

•  Report the incident and transfer the record to the Superintendent or his/her designee, and so notify the parties by certified mail.

FORMAL INVESTIGATION PROCESS

Once a formal Title IX complaint is filed, an investigator will be assigned and the parties will be treated equitably, including in the provision of supportive measures and remedies. They will receive notice of the specifics of the allegations as known, and as any arise during the investigation. The investigator will be unbiased and free from conflicts of interest and will objectively review the complaint, any evidence, and any information from witnesses, expert witnesses, and the parties. The investigation may include, among other things, interviewing the complainant, the respondent, and any witnesses; reviewing relevant student or employment files (preserving confidentiality wherever necessary); and gathering and examining other relevant documents, social media, and evidence.  The parties shall be provided with an opportunity to present witnesses and other evidence, and may also be represented by an advisor or attorney at their own expense.  The school will review the evidence provided by all parties and will make a final determination of responsibility after the investigation. The decision-maker will not be the Title IX Coordinator, the investigator, or any other individual who may have a conflict of interest. The final determination will be provided to the parties at the same time, with appeal rights provided. It will explain if any policies were violated, the steps and methods taken to investigate, the findings of the investigation, conclusions about the findings, the ultimate determination and the reasons for it, and any remedies available to the complainant to restore or preserve equal access.  If it is determined that inappropriate conduct has occurred, the Worcester Public Schools will act promptly to eliminate the offending conduct, restore a sense of safety for the Complainant and remedy any impact upon the Complainant and the school community.  In appropriate circumstances, law enforcement or the Department of Children and Families may be notified.

Worcester Public Schools adopts a "two-pronged" approach. All conduct not covered under the current definition of sexual harassment, including sexual misconduct, will be addressed by the building principal (or designee) under the student code of conduct. Title IX procedures will be reserved only for those alleged actions that fall under the Title IX definition of sexual harassment.

RETALIATION PROHIBITION

Retaliation in any form against any person because of or related to a sexual harassment or retaliation complaint, or because of or related to cooperation with an investigation of a sexual harassment or retaliation complaint, is unlawful and prohibited. Retaliation is also prohibited against any individual that participates or chooses not to participate in the grievance process.  

If retaliation occurs, it could be considered grounds discipline, up to and including suspension and/or discharge for employee(s), and appropriate disciplinary action for students.

APPEAL PROCESS

Both parties have the right to appeal the decision maker's determination to the Superintendent or designee.  Any appeal should be submitted in writing to the Superintendent within ten (10) calendar days of receipt of the final determination.

The Superintendent or designee in reviewing the appeal may consider the following factors:

A.  Was there any procedural irregularity with the investigation process?

B.  Is there any new evidence not reasonably available at the time of the investigation?

C.  Did the Title IX investigator have a conflict of interest?

The decision of the appeal process is final and is not subject to further review by the School Committee.

All Title IX personnel including Title IX Coordinators, investigators, decision-makers, people who facilitate any informal resolution process shall receive training as required by Title IX and its supporting regulations.  All training materials shall be made available to the public for inspection upon request.

State and Federal Remedies

Nothing in this policy or procedure shall be deemed to affect a complainant's right to pursue other remedies at law, including administrative appeals or lawsuits.  Administrative agencies with jurisdiction in these matters include:

The Massachusetts Commission Against Discrimination ("MCAD")
One Ashburton Place, Room 601
Boston, MA 02108
(617) 727-3990

The U.S. Department of Education, Office for Civil Rights
5 Post Office Square 8th Floor
Boston, MA 02109-3921
(617) 289-0111

Massachusetts Department of Education
75 Pleasant Street
Malden, MA 02148
(781) 388-3300

The U.S. Equal Employment Opportunity Commission ("EEOC")
One Congress Street - 10th Floor
Boston, MA 02114
(617) 565-3200

LEGAL REFS.: Title VII, Section 703, Civil Rights Act of 1964 as amended 45 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 SOURCE: WPS

Questions and Answers on the Title IX Regulations on Sexual Harassment.  https://www2.ed.gov/about/offices/list/ocr/docs/202107-qa-titleix.pdf