Civil Rights Laws and District Coordinators
Title VI of the Civil Rights Act of 1964
Coordinator: Scott E. Knief, 508-866-6150
Statute prohibits discrimination on the grounds of race, sex, sexual orientation, sexual identity, color or national origin by recipients of federal financial assistance. This statute ensures that individuals are not excluded from participation in program or activities receiving federal funds (or the benefits of) on account of their membership in one of these protected categories (42 USC S2000d). This statute has been interpreted to prohibit the denial of equal access to education because of a language minority student’s limited proficiency in English.
Title IX of the Education Amendments of 1972
Coordinator: Melissa Leary, 508-866-6103
Title IX of the Education Amendments of 1972 provides that no individual may be discriminated against on the basis of sex, sexual orientation, sexual identity in any education program or activity receiving federal financial assistance. Title IX requires that schools adopt and publish a policy against sex discrimination and have grievance procedures through which students can complain of alleged sex discrimination, including sexual harassment. State law requires Massachusetts employers to have a policy against sexual harassment (MGL Ch.151B, S3A)
Section 504 of the Rehabilitation Act of 1973
Coordinator: Scott E. Knief, 508-866-6150
Section 504 provides that no otherwise qualified individual with a disability shall solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The regulations implementing Section 504 require that the public schools provide a free appropriate public education to each qualified handicapped person who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s handicap. (34 CFR 104.33)
American with Disabilities Act of 1990
Coordinator: Melissa Leary, 508-866-6190
The regulations implementing the ADA provide that: “A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The public entity must make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph” (34 CFR 35.107(a).
Equal Educational Opportunities Act of 1974
Coordinator: Melissa Leary, 508-866-6190
This federal statute prohibits states from denying equal educational opportunities to an individual based on certain protected classifications including national origin. It specifically prohibits denying equal educational opportunities by failing to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs (20 USC S1203(f)
Mass. General Laws CH.76, S5 (also known as Chapter 622)
Coordinator: Scott E. Knief, 508-866-6150
This state law provides that “no person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining the advantages, privileges and courses of study of such of such public school on account of race, color, sex, religion, national origin, gender identity or sexual orientation.”
Title I of the Elementary and Secondary Education Act of 1965 Coordinator: John Mills, 508-866-6172
Title I is designed to help disadvantaged children meet challenging content and student performance standards. Staff should know that special education students are not deemed ineligible for Title I services simply because they receive special education services. Also school districts must ensure that Title I funds are not being misused (e.g. referring a limited English proficient student to a Title I program in order to meet the student’s language needs rather than providing an ESL program/class).
Chapter 688 (Transition Planning)
Coordinator: Melissa Leary, 508-866-6190
School Districts file a Chapter 688 referral for students with severe disabilities who will need continued services and supports after their eligibility for special education ceases. School districts must make Chapter 688 referrals at least 2 years before the student is expected to graduate from school or turn 22 years of age. This allows time to determine the student’s eligibility for adult services and for agencies to include the anticipated cost of services for the student in its budget requests that it submits to the state legislature every year.
McKinney-Vento Homeless Education Assistance Act
Coordinator: Melissa Leary, 508-866-6190
The goal of the McKinney-Vento Homeless Education Assistance Act is to ensure that each homeless child or youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths.
Bullying/Harassment Coordinator
Coordinator: Christine Cabral, 508-866-6132
Carver Middle High School is committed to maintaining a school environment where students are free from bullying, including cyber bullying, and the effects of such conduct.
Public Schools’ Grievance Procedure as Pertains to Civil Rights Law
This grievance procedure is established to meet the requirements of the Americans with Disabilities Act. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by Carver Public Schools.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but not later than 60 days after the alleged violation (see page 34.)
Within 15 calendar days after receipt of the complaint, the ADA Coordinator will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Coordinator will respond in writing, and, where appropriate, in a format accessible to the complainant, such as large print, Braille, or audiotape. The response will explain the position of Carver Public Schools and offer options for substantive resolution of the complaint.
If the response does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the ADA coordinator within 15 calendar days after the receipt of the response to the School Committee or their designee. Within 15 calendar days after receipt of the appeal, the School Committee or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the School Committee or their designee, they will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by Carver Public Schools, appeals to the School Committee or their designee, and responses from the ADA Coordinator and/or her designee will be kept by Carver Public Schools for at least three years.
The respondent and his/her associates are prohibited from retaliating in any manner against a complainant or any party involved in the complaint procedure. Acts of retaliation will result in immediate disciplinary action; including, but not limited to, a suspension, expulsion or dismissal.
Title IX Grievance Procedures
Title IX of the Education Amendments of 1972 (“Title IX”) & Sexual Harassment.
Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following: (1) an employee of the District conditioning the provision of an aid, benefit, or service of the school district on an individual’s participation in unwelcome sexual conduct; (2) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or (3) “sexual assault” “dating violence,” “domestic violence” or “stalking,” all as defined by federal laws. The District has jurisdiction over such harassment, when the accused’s conduct has taken place in “locations, events, or circumstances which the school exercised substantial control.”
Response to Sexual Harassment.
A student or any individual wishing to report sexual harassment may inform the Title IX Coordinator or any other employee. Any Carver Public Schools (“the District”) employee with knowledge of an allegation of sexual harassment, must report it, whether they personally witness the sexual harassment, learn of it from a third party or the alleged victim directly.
Once the Title IX Coordinator learns of an allegation of sexual harassment, they will contact the alleged victim, or “the Complainant,” to gather preliminary information, offer “Supportive Measures,” and inform that person of the right to file a “Formal Complaint” against the alleged perpetrator, or “the Respondent,” that initiates the Title IX “Grievance Process.”
A “Formal Complaint” is a document filed by the Complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the District investigate the allegation of sexual harassment and initiate the Grievance Process. Formal Complaints may be filed with the Title IX Coordinator in person, by mail, or electronic mail. To file a Formal Complaint, the alleged sexual harassment must have occurred in the school’s District educational programming or activity, and within the United States. The District has discretion to dismiss a Formal Complaint where the passage of time results in an inability to gather sufficient evidence for a determination of responsibility or the District lost responsibility over the Respondent. The District must dismiss the Formal Complaint if it does not constitute sexual harassment as contemplated by Title IX regulations. However, the school may investigate the conduct as it pertains to other school policies.
“Supportive Measures” are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has filed. Such measures are designed to restore or preserve equal access to the District’s education and activities, including measures designed to protect the safety of all or the educational environment, or deter sexual harassment.
The District will maintain the confidentiality of any Supportive Measures to the extent possible and document the supportive measures offered by the Title IX Coordinator to the Complainant and Respondent. Examples of Supportive Measures include, but are not limited to the following: counseling, deadline extensions, course adjustments, work or schedule modifications, and increased security.
Grievance Procedure.
Once the Formal Complaint is filed, the “Grievance Process” commences. The District is committed to treating all parties equitably during the Grievance Process. The District is committed to completing the Grievance Process as soon as possible with the goal of completion within 60 days. However, if required, by good cause, such as the absence of a party, a party’s 1 advisor, or a witness; law enforcement or DCF involvement; or the need for accommodations, the parties will be notified of the need for delay. The Respondent is presumed not responsible for the alleged conduct until a determination of responsibility has been made.
The District will provide the Complainant and Respondent with written notice of the allegations and the Grievance Process. This notice will include specific detail of the allegations against the Respondent. The parties will be informed at this time of their right to have an advisor of their choice, who may be, but is not required to be, an attorney, and may accompany them at any point during the process. They will also be informed of their right to inspect and review evidence. The District will remind the parties of the school’s prohibition against knowingly making false statements during this process. Supportive Measures are available to all parties during the Grievance Process.
The Title IX Grievance Process requires the involvement of several different employees that fulfill separate roles. As noted earlier, the Title IX Coordinator oversees Title IX compliance and the Grievance Process. Additionally, each Formal Complaint will be assigned an “Investigator,” who could be a Principal, Vice-Principal, or other employee that is properly trained in investigations. Each Title IX investigation will be assigned a “Decision-Maker,” which similarly could be a Principal, Vice-Principal, or other employee that is properly trained. All appeals will be reviewed by someone who was not involved in the underlying Title IX investigation.
The District will ensure that Title IX coordinators, investigators, Decision-Makers, and any person who facilitates an informal resolution process, receives training on this policy and his or her respective role.
Informal Resolution of Sexual Harassment.
If appropriate, the Title IX Coordinator will offer the parties the option of an informal resolution process, but, pursuant to Title IX, not until a Formal Complaint has been filed and the parties have been fully advised of their Title IX rights. Before beginning an informal resolution process, The District will obtain written consent from the Complainant and Respondent. At any time, the parties can withdraw from the informal resolution and the Grievance Process will resume. Informal Resolution shall not be offered in the event the Respondent is a District employee.
Investigation of Sexual Harassment.
A properly trained Investigator will complete an investigation into the Formal Complaint. Both, the Respondent and Complainant, will have an equal opportunity to offer witnesses and other evidence. Prior to any interviews with a witness, the District will provide the witness with notice of the date, time, location, participants, and sufficient time to prepare for that interview. Both parties will have an equal opportunity to examine and inspect evidence. Unless waived by one of the parties, the investigation will not intrude on any information that is legally privileged. Information about a person’s sexual predisposition or prior sexual behavior are not relevant, unless it is offered to prove that someone other than the Respondent committed the alleged act, or the information concerns specific incidents of sexual behavior between the parties and it is offered to prove consent. At the conclusion of the investigation, the Investigator will create an 2 Investigative Report that summarizes the relevant evidence and send it to each party and the party’s advisor.
The parties will have at least 10 days before any hearing or determination of responsibility to review and respond to the report if they so choose. Time periods may be extended or delayed for good cause, including the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodations of disabilities.
The designated Decision-Maker will afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow additional, limited follow-up questions. However, before presenting the question, the Decision-Maker will determine if it is relevant. In the event that the Decision-Maker decides to exclude a question, he/she will provide a written decision explaining their reasoning.
Hearings.
Though it is not required, the District reserves the right to conduct a full-live hearing as part of the Grievance Process. The District will proceed without a hearing unless it indicates otherwise in writing. At such a hearing, the Decision-Maker will permit each party’s Advisor to ask the other party and any witnesses relevant questions. If a party does not have an advisor, the District will provide one at no cost. Upon the request of the Complainant or Respondent, the District will utilize technology to separate the parties during the hearing process. If a party or witness does not submit to cross-examination at the live hearing, the Decision-Maker will not consider any statement of that party or witness in determining responsibility.
Finding of Responsibility.
Any Respondent found, by a preponderance of the evidence, to have committed Sexual Harassment shall be subject to a range of discipline, including, but not limited to: detention, exclusion of extracurricular activities, suspension, and expulsion, or in the case of an employee termination of employment The Decision-Maker will simultaneously issue a written determination of responsibility that includes a description of the allegations, the procedural steps of the grievance process, the findings of facts, the conclusions reached, and a statement and rationale of responsibility and related discipline. If applicable, it will also include remedies designed to restore or preserve equal access to education and activities at the District.
Appeal.
Both the Complainant and Respondent shall have the right to appeal the decision of the Grievance Process by notifying the Title IX coordinator in writing within 10 business days of receiving the decision. The grounds for appeal are limited to: procedural irregularity, new evidence that was not reasonably available at the time of the determination or dismissal, or an alleged conflict of interest. Both parties shall have an opportunity to provide a written statement supporting their position on Appeal. The Appeal shall be reviewed by a person who is not the original Decision-Maker, Investigator, or Title IX Coordinator. That person shall issue a written decision and rationale simultaneously to the parties.
Retaliation.
The District strictly prohibits retaliation in any form against persons seeking protection under or participating in an investigation related to this policy. As such, the District will investigate any reports of retaliation and take separate disciplinary action against those found to have retaliated against someone.