Nondiscrimination

Nondiscrimination - Title VI, Title VII, Title IX, Section 504, ADA

WHAT IS TITLE VI?

WHAT IS THE DIFFERENCE BETWEEN TITLE VI AND TITLE VII?

WHAT IS TITLE IX?

Title IX of the Educational Amendments of 1972 states that no person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Sex discrimination under Title IX includes sexual harassment and sexual violence. Sexual Harassment is defined as conduct on the basis of sex that satisfies one or more of the following:

1. An employee of the recipient conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.
   
    
2. Any 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.
   
    
3. Sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).

Rights and Protections Under Title IX

Title IX of the Educational Amendments of 1972 is a federal law that protects qualified individuals from discrimination based on sex. Title IX forbids organizations and employers from excluding or denying any person from being excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Sex discrimination under Title IX includes sexual harassment and sexual violence. 

 

Title IX Investigation Flowchart

TITLE IX TRAINING MATERIALS AND RESOURCES

WHAT IS SECTION 504?

WHAT IS ADA?

PSB Policies and Annual Reports

PUBLIC SCHOOLS OF BROOKLINE

HARASSMENT COMPLAINT PROCEDURES

I. PURPOSE AND SCOPE

Harassment is defined as any communication or conduct that limits or denies the ability of a student to attend, participate in, or benefit from the educational program or the ability of a staff member to attend to or perform his/her duties.  It includes, but is not limited to, any communication, written, spoken or otherwise, such as jokes, comments, innuendoes, notes; material placed on the internet or other electronic media such as email, web page, and voice mail; writing placed on school property, the display of pictures or symbols, graffiti, gestures, or other conduct that offends or shows disrespect to others based upon age, color, disability, gender, national origin, race, religion, or sexual orientation. 

Discrimination on the basis of race, color, and national origin is prohibited by Title VI of the Civil Rights Act of 1964.  Discrimination against persons with disabilities is prohibited by Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (Title II prohibits discrimination on the basis of disability by public entities, whether or not they receive federal financial assistance).  Discrimination on the basis of sex is prohibited by Title IX of the Education Amendments of 1972.  

By law, the particular communication or conduct is viewed from the perspective of a reasonable person.  What one person may consider acceptable behavior may reasonably be viewed as harassment by another person; therefore, individuals should consider how their words and actions might be viewed by other individuals. 

It should be noted that, while this policy sets forth the goal of the Public Schools of Brookline to maintain a work and educational environment that is free of harassment based upon age, color, disability, gender, national origin, race, religion, or sexual orientation, the policy is not designed or intended to limit the authority of school officials to discipline or take remedial action for conduct which is deemed unacceptable, whether or not that conduct satisfies the definition of harassment. 

This policy is also not intended to limit the rights students or staff have under the law or appropriate agreements, including filing a complaint with an outside agency. 

Sexual Harassment 

While all types of harassment are prohibited, sexual harassment requires special attention.  Sexual harassment includes sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature when: 

1. Acceptance of or submission to such conduct is made either explicitly or implicitly a term or condition of employment, attendance, or education, or 
2. The individual’s response to such conduct is used as a basis for employment decisions affecting an employee or as a basis for educational, disciplinary, or other decisions affecting a student, or 
3. Such conduct interferes with an individual’s job duties, education, or participation in extracurricular activities, or 
4. The conduct creates an intimidating, hostile, or offensive work or school environment.

The legal definition of sexual harassment is broad.  In addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work or educational environment that is hostile, offensive, intimidating, or humiliating to individuals of either gender may also constitute sexual harassment.  While it is not possible to list all circumstances that may constitute such harassment, examples may include references to sexual conduct, comments on an individual’s body, unwelcome leers, and suggestive or insulting comments.

II. FILING A COMPLAINT

Any student or employee who believes that the Public Schools of Brookline has discriminated against or harassed them because of them age, color, disability, gender, national origin, race, religion, or sexual orientation in admission to, access to, treatment in, or employment in its services, programs, and activities may file a complaint with the building principal/Head of School.  Please note that willful filing of a false complaint is strictly prohibited. 

In addition to the Building Principal/Head of School, complaints may also be filed with:

• Director of Human Resources (employees)
• Karen Shmukler, Ed.D., LMFT
  • Interim Deputy Superintendent of Student Services
  • District Title IX and Title VI Coordinator (Students) 
  • Town Hall, 333 Washington Street, 5th Floor 
• Matthew DuBois, PhD., NCSP
  • Senior Director of Clinical Services and Social-Emotional Learning
  • District 504 Coordinator
  • Town Hall, 333 Washington Street, 5th Floor

A link to the incident reporting form can be found here.

Student Complaints

A student who believes that they are the victim of harassment should report the matter to a teacher, counselor, or administrator, who in turn will notify the Building Principal in the school.  As an alternative, a student may report directly to the Building Principal. 

All employees of the Public Schools of Brookline must respond to complaints by students of harassment by notifying the Building Principal.  Employees are required to take every report of harassment seriously. 

A student may also file a complaint alleging harassment by contacting: 

• Karen Shmukler, Ed.D., LMFT
  • Interim Deputy Superintendent of Student Services
  • District Title IX and Title VI Coordinator (Students) 
  • Town Hall, 333 Washington Street, 5th Floor 
• Matthew DuBois, PhD., NCSP
  • Senior Director of Clinical Services and Social-Emotional Learning
  • District 504 Coordinator (Students)
  • Town Hall, 333 Washington Street, 5th Floor

The Deputy Superintendent for Student Services, the Deputy Superintendent for Teaching and Learning, and the Deputy Superintendent for Administration and Finance are also available to provide information about this policy and the Public Schools of Brookline complaint process. 

Complaints of Discrimination Based Upon Disability

A person who alleges discrimination on the basis of disability relative to the identification, evaluation, or educational placement of a person, who because of a disability needs or is believed to need special education or related services, pursuant to Section 504 of the Rehabilitation Act of 1973, Chapter 766, and/or the Individuals with Disabilities Education Act, must use the procedure outlined in the Massachusetts Department of Education Parents’ Rights Brochure rather than this Complaint Procedure.  A copy of the brochure is available from the following individuals: 

• Karen Shmukler, Ed.D., LMFT
  • Interim Deputy Superintendent of Student Services
  • District Title IX and Title VI Coordinator (Students) 
  • Town Hall, 333 Washington Street, 5th Floor 

 

• Matthew DuBois, PhD., NCSP
  • Senior Director of Clinical Services and Social-Emotional Learning
  • District 504 Coordinator (Students)
  • Town Hall, 333 Washington Street, 5th Floor

A person with a complaint involving discrimination on the basis of disability other than that described above may either use this Complaint Procedure or file the complaint with the U.S. Department of Education at the address provided at the end of this Complaint Procedure. 

III. CONTENTS OF COMPLAINTS

The Public Schools of Brookline urges all individuals in the school community to bring any complaint of harassment to the attention of school personnel IMMEDIATELY so that they can resolve the issue.  A complaint may also be filed online using the PSB incident reporting form. A link to the incident reporting form can be found here.  As part of filing the complaint, please include the following information:

1. The name and school of the complainant (or address and telephone number if not a student or employee).
2. The name of the complainant’s representative, if any (and address and telephone number if not a student or employee). 
3. If known, the name of the person(s) alleged to have caused the discrimination or harassment (respondent).  If not known, then give a detailed description of the respondent. 
4. A description, in as much detail as possible, of the alleged discrimination or harassment. 
5. The date(s) of the alleged discrimination or harassment. 
6. The name of all persons who have knowledge about the alleged discrimination or harassment (witnesses), as can be reasonably determined. 
7. A description, in as much detail as possible, of how the complainant wants the complaint to be resolved. 

IV. INVESTIGATION AND RESOLUTION OF THE COMPLAINT

The Building Principal or designee will promptly investigate every complaint, observing all relevant state and federal laws and regulations and school system policies and procedures, as well as applicable contractual requirements. If the investigator determines that harassment has occurred, they will take appropriate action to end the harassment and to ensure that it is not repeated. 

Respondents will be informed of the charges as soon as the investigator deems appropriate based upon the nature of the allegations, the investigation required, and the action contemplated. 

The investigator will interview witnesses whom they deem necessary and appropriate to determine the facts relevant to the complaint, and will gather other relevant information. Such interviews and gathering of information will be completed within approximately fifteen (15) school days of receiving the complaint. 

Within approximately twenty (20) school days of receiving the complaint, the investigator will meet the complainant and/or his/her representative to review the information gathered and, if applicable, to propose a resolution designed to stop the discrimination or harassment and to correct its effect. Within approximately ten (10) school days of the meeting with the complainant and/or representative, the investigator will provide a written disposition of the complaint to the complainant and/or representative and to the respondent(s). 

Notwithstanding the above, it is understood that in the event a resolution contemplated by the Public Schools of Brookline involves disciplinary action against an employee or a student, the complainant will not be informed of such disciplinary action unless it directly involves the complainant (i.e. a directive to “stay away‟ from the complainant), as might occur as a result of a complaint or harassment. 

Unless the allegation occurs at the end of the school year, all timelines specified above are school days and will be implemented as specified, unless the nature of the investigation or exigent circumstances prevent such implementation, in which case the matter will be completed as quickly as practicable. If the timelines specified above are not met, the reason(s) for not meeting them must be clearly documented. In addition, it should be noted that in the event the respondent is subject to a collective bargaining agreement that sets forth a specific timeline for notice and/or investigation of a complaint, such timelines will be followed.

Confidentiality of complainants/respondents and witnesses will be maintained, to the extent consistent with the Public Schools of Brookline’s obligations relating to the investigation of complaints and the due process rights of individuals affected. 

Retaliation against someone because they have filed a complaint under this Complaint Procedure is strictly prohibited. 

Penalties 

Persons who engage in harassment or retaliation or who willfully files a false complaint will be subject to discipline, suspension, termination/expulsion, or other sanctions, subject to applicable school system policies and procedures, as well as applicable contractual requirements. 

Any disciplinary action imposed upon an employee or student is subject to applicable procedural requirements. 

In certain cases, harassment of a student, and in particular, sexual harassment of a student, may constitute child abuse under Massachusetts Law.  Verbal sexual harassment of any child by anyone, including school district employees/volunteers, is recognized as a form of child abuse and a warning sign of actual physical or sexual abuse.  A matter reported under this section shall be screened by a Complaint Manager or Complaint Administrator to determine whether an investigation is pursuant to the Child Abuse and Neglect Policy, the Sexual Harassment Policy, or both.  If such abuse is determined to have happened, then the screener will file a report immediately with the Department of Children and Families in accordance with the requirements of M.G.L. c. I 19, s. 51A. The Public Schools of Brookline will comply with all legal requirements governing the reporting of suspected cases of child abuse. 

V. APPEALS 

If the complainant or respondent is not satisfied with the disposition,  the complainant/respondent/representative may appeal the disposition for an administrative review to one of the Administrators, identified in Section I above, within twenty (20) school days.  If the complainant or respondent is not satisfied with the disposition by that Administrator, the complainant may appeal for a second administrative review to the Deputy Superintendent for Student Services, as follows: 

Karen Shmukler

Interim Deputy Superintendent for Student Services

333 Washington Street,

Brookline, MA 02445

(617)730-2444 

The Deputy Superintendent for Student Services will issue a written response on the appeal to the complainant within fifteen (15) school days of receiving the appeal.  

Generally, a complainant may file a complaint with the U.S. Department of Education, Office for Civil Rights, 

Email: OCR.Boston@ed.gov or with OCR using OCR’s electronic complaint form at the following website:  https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf

VI. REFERENCES

State agencies that enforce laws prohibiting harassment or receive complaints thereunder include the Massachusetts Commission Against Discrimination (MCAD), which is located at One Ashburton Place, Boston, MA 02108, telephone (617) 727-3990; and the Massachusetts Department of Education, 350 Main Street, Malden, MA 02148-5023, telephone (781) 338-3300. Federal agencies responsible for enforcing federal laws prohibiting harassment include the Equal Employment Opportunity Commission (EEOC), One Congress Street, Boston, MA 02109, telephone (617) 565-3200, TDD Users (617) 565-3204; and the U.S. Department of Education for Civil Rights (OCR)

Civil Rights and harassment questions or concerns that pertain to students falls under the Office for Student Services.

Dr. Matt Dubois, Section 504 (students)

Dr Karen Shmukler, District Coordinator for Title IX, Title VI