Non-Discrimination Policy, Including Harassment and Retaliation
The Mohawk Trail Regional School District (MTRSD) is committed to maintaining and promoting an educational environment free from all forms of discrimination, including harassment. The civil rights of all school community members are guaranteed by law, and the protection of those rights is of utmost importance and priority to the District. The members of the school community include the students, employees, administration, faculty, staff, volunteers in the schools, School Committee, and parties contracted to perform work for MTRSD.
The Mohawk Trail Regional School District does not exclude from participation, deny the benefits of MTRSD from, or otherwise discriminate against individuals on the basis of race (including traits historically associated with race, including, but not limited to, hair texture, hair type, hair length, and protective hairstyles), color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, active military/veteran status, marital status, familial status, pregnancy, or pregnancy-related condition, homelessness, ancestry, ethnic background, national origin, or any other category protected by state or federal law in the administration of its educational and employment policies, or in its programs and activities. Such discrimination will not be tolerated. Retaliation against any student or other individual who has complained of discrimination, including harassment, or individuals who have cooperated with an investigation of such a complaint is also unlawful and will not be tolerated.
The District will promptly investigate, remedy any harm, seek to prevent recurrence of such conduct, and will also develop procedures to accomplish this end. This policy applies to conduct directed toward persons associated with the educational community by all other persons associated with the educational community, including, but not limited to, students, District employees, the School Committee, school volunteers, and independent contractors.
Policies
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I. What Is Discrimination, including Harassment?
Definitions
"Discrimination" and "Harassment" are defined as unwelcome conduct, whether verbal or physical, that is based on any individual's actual or perceived race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, active military/veteran status, marital status, familial status, pregnancy or pregnancy-related conditions, homelessness, ancestry, ethnic background, national origin, or any other category protected by state or federal law. Discrimination and/or harassment includes, but is not limited to:
- Display or circulation of written materials or pictures that are degrading to a person or group described above.
- Verbal abuse or insults about, directed at or made in the presence of an individual or group described above.
- Any action or speech that contributes to, promotes, or results in a hostile or discriminatory environment to an individual or group described above.
- Any action or speech that is sufficiently severe, pervasive, or persistent that it either i) interferes with or limits the ability of an individual or group described above to participate in or benefit from employment or a program or activity of MTRSD; or (ii) creates an intimidating, threatening or abusive educational or working environment.
Harassment may include, but is not limited to, any unwelcome, inappropriate, or illegal physical, written, verbal, graphic, or electronic conduct, and that has the intent or effect of creating a hostile education or work environment by limiting the ability of an individual to participate in or benefit from the district's programs and activities or by unreasonably interfering with that individual's education or work environment or, if the conduct were to persist, would likely create a hostile educational or work environment.
"Title IX Sexual Harassment" (effective August 14, 2020) means verbal, physical, or other conduct that targets a person based on their sex and that satisfies one or more of the following:
- A school employee conditioning educational benefits or services on participation in unwelcome sexual conduct (i.e., quid pro quo).
- Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s educational program or activity.
- Any instance of "sexual assault," "dating violence," "domestic violence," or "stalking,” as those terms are defined by the Clery Act (20 U.S.C. 1092(f)(6)(A)(v)) and the Violence Against Women Act (34 U.S.C. 12291(a)(8), (10) & (30)).
Allegations of Title IX Sexual Harassment shall be reported and investigated pursuant to the Mohawk Trail Regional School District Protocol for Investigating Sexual Harassment and Retaliation Pursuant to Title IX. Please also see Policy ACAB.
II. Responsibilities of all Persons Associated with Educational Community
Each member of the educational community is personally responsible for ensuring that their conduct does not in any way harass or discriminate against any other person that they have contact with in the performance of their duties or studies or while acting as a member of the school community. In addition, each member of the educational community is required to fully cooperate in any investigation of alleged discrimination, including harassment. Further, District employees are obligated to intervene and stop any discrimination, including harassment they witness, and to immediately report to the appropriate party instances of discrimination, including harassment that are reported to them or of which they otherwise learn.
III. Designated Officials for Addressing Discrimination and Harassment Complaints
The Civil Rights Coordinator is responsible for receiving reports and complaints of violations of this Policy. Individuals may file a report or complaint of discrimination, including harassment, with the Civil Rights Coordinator and/or Title IX Coordinators if the complaint involves sexual harassment. If the complaint involves allegations of discrimination based on disability, the person filing the complainant also has the option to file their complaint with the building level 504 coordinator. A report or complaint of a violation involving the Civil Rights Coordinator(s) and/or Title IX Coordinators should be filed with the Superintendent. A report or complaint of violation involving the Superintendent should be filed with the Committee.
The Civil Rights and Title VI Coordinator:
Leann Loomis
Director of Pupil Personnel Services
24 Ashfield Road
Shelburne Falls, MA 01370
(413) 625-0192
Title IX Coordinators:
Leann Loomis
Director of Pupil Personnel Services
24 Ashfield Road
Shelburne Falls, MA 01370
(413) 625-0192
William Lataille
Business Administrator
24 Ashfield Road
Shelburne Falls, MA 01370
(413) 625-0192
Section 504/Title II Coordinator:
Leann Loomis
Director of Pupil Personnel Services
24 Ashfield Road
Shelburne Falls, MA 01370
(413) 625-0192
An individual can contact any of the above-listed Coordinators to file a report/complaint as well as to seek assistance in the filing of a report/complaint. If a report/complaint is filed, the person should provide the Coordinator(s) with any documentation (emails, notes, pictures, etc.) or other information in support of the allegation of discrimination, including harassment.
IV. Investigation of Complaints
Upon receipt of a report or complaint of discrimination and/or harassment, the relevant Coordinator(s) should conduct a prompt investigation. The investigation must allow for the complainant, the subject of the complaint, the alleged harasser, and any other appropriate party to provide information, including witnesses or other evidence, relevant to the consideration and resolution of the complaint. The Coordinator(s) will also endeavor to promptly interview and obtain detailed written statements from potential witnesses. If further documentation or information is necessary, the Coordinator(s) will notify the appropriate party, asking that the information be provided within ten (10) school/working days. The Civil Rights Coordinator may also assign a designee to conduct the investigation in consultation with the Civil Rights Coordinator.
The District will take interim steps, as necessary, to ensure the safety and well-being of the complainant and the alleged harasser while the investigation is being conducted. Interim measures are available even if the complainant does not file or continue to pursue a complaint. The Civil Rights Coordinator(s) shall notify the complainant and the alleged harasser of specific types of interim measures available, which may include measures to avoid contact with the other party, allowing employees to change work situations as appropriate, or prohibiting contact between the parties pending the results of the District’s investigation. At any time, a complainant or the alleged harasser may request either orally or in writing to the Civil Rights Coordinator that specific interim measures be taken pending the outcome of the investigation.
A written determination regarding the complaint and any resolution will be provided by the Civil Rights Coordinator to the complainant and the alleged harasser once the investigation is complete. The determination of whether the District’s anti-discrimination policy has been violated will be based upon a preponderance of the evidence standard.
The complainant or the alleged harasser may request reconsideration of the determination and/or resolution of a complaint by notifying the Superintendent in writing or verbally within seven (7 school/working days of receipt of the written determination of the Civil Rights Coordinator. Superintendent or their designee will respond to such request with notice to both parties within (30) thirty school/working days of receipt of the request for reconsideration; their decision is final.
If a violation is found to have occurred, the District will take steps to prevent recurrence of the violation and correct its discriminatory effect on the person(s) affected. Such steps may include appropriate disciplinary action, counseling, development of a safety plan, and other remedies, as appropriate.
V. Consequences of Violating Policy - Discipline & Discharge
Any employee who violates this policy will be subject to disciplinary action consistent with the contractual provisions governing their employment. In appropriate circumstances, the District may also refer the matter to law enforcement officials for possible prosecution.
Any student who violates this policy will be subject to disciplinary action, which may range from detention, suspension from schools, or expulsion from school. (Note: students with disabilities will be subject to the applicable disciplinary procedures set forth in the Students’ Rights and Responsibilities District handbook, which adhere to Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973.) In appropriate circumstances, the District may also refer the matter to law enforcement officials for possible prosecution.
VI. Confidentiality
Investigations of discrimination, including harassment complaints, shall be conducted in such a manner as to disclose information only to those with a need to know or those who may have information pertinent to the investigation. Please note some level of disclosure may be necessary in the course of conducting interviews in connection with an investigation of any complaint under this policy. The District shall endeavor to keep such information as confidential as it can without compromising the thoroughness of the investigation.
VII. State and Federal Authorities
In addition to the process described above, the complainant may, at any time, file a complaint with the U.S. Department of Education Office for Civil Rights, Massachusetts Commission Against Discrimination, Massachusetts Department of Elementary and Secondary Education, or other appropriate federal or state agency charged with enforcement of state and federal laws prohibiting discrimination, including harassment based on membership in a protected class.
Massachusetts Commission Against Discrimination
436 Dwight St., 2nd Floor, Rm. 220
Springfield, MA 01103
Telephone: (413) 739-2145
Massachusetts Department of Elementary and Secondary Education
75 Pleasant Street
Malden, MA 02148-4906
Telephone: (781) 338-3000
Legal Refs:
- Title VI, Civil Rights Act of 1964
- Title VII, Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 Executive Order 11246, as amended by E.O. 11375
- Equal Pay Act, as amended by the Education Amendments of 1972 Title IX, Education Amendments of 1972
- Rehabilitation Act of 1973
- Education for All Handicapped Children Act of 1975
- No Child Left Behind Act of 2001, 20 U.S.C. § 7905 (The Boy Scouts of America Equal Access Act)
- M.G.L. 71B:1 et seq. (Chapter 766 of the Acts of 1972)
- Title IX of the Education Amendments of 1972
- Chapter 117, Acts of 2022
Cross Ref:
- ACE, Non-Discrimination on the Basis of Disability
- ACAB, Sexual Harassment
