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Complaint Procedure
It is the express policy of the Plainville Board of Education to encourage victims of sexual harassment as defined by Board policy no. 5145.6 to promptly report such complaints. Timely reporting of complaints facilitates the investigation and resolution of such complaints.
Any students who feels that he/she has been harassed of a sexual nature should immediately bring his or her complaint to the attention of the Building Principal, Assistant Principal, School Counselor, Title IX Coordinator or Human Resource Specialist. The school official will assist the student in putting the complaint in writing. The written complaint should state the name of the complainant, date of the complaint, date of the alleged harassment, name or names of the alleged harasser(s) and a detailed statement of the circumstances leading to the complaint. The Building Principal, Assistant Principal, School Counselor or Human Resource Specialist will immediately inform the Title IX Coordinator upon receipt of any such complaint. If the Title IX Coordinator is the subject of the complaint, the complaint should be submitted to the Superintendent, who shall investigate or appoint a designee to do so.
Complaints will be investigated promptly and corrective action will be taken when allegations are verified. Confidentiality will be maintained by all persons involved in the investigation to the extent practical and reprisals or retaliation that occur as a result of the good faith reporting of charges of sexual harassment will result in disciplinary action against the retaliator.
The school district will provide staff development for new district administrators and will publish its policy and complaint procedure and orient students and employees in an effort to maintain an environment free of sexual harassment.
Responsibilities of Personnel
All Students. Any student who feels that he or she is a victim of sexual harassment is strongly urged to firmly and immediately notify the offender that his or her behavior is unwelcome and request that it stop. If the conduct does not stop or the victim is uncomfortable confronting the offender, the victim should immediately report the complaint to the Building Principal, Assistant Principal, School Counselor, Human Resource Specialist or Title IX Coordinator unless the Title IX Coordinator is the subject of the complaint in which case the complaint should be reported to the Superintendent. Any student who is not the target of sexual harassment but is aware of any possible violation of the Board’s policy on sexual harassment should likewise report such information.
School Counselors and Administrators. Any complaint or other communication from a student or other individual, a government agency, or an attorney concerning sexual harassment should be immediately shared with the Title IX Coordinator, who has final responsibility for the proper resolution of all reports and complaints. If notification to the Title IX Coordinator is impractical or implausible under the circumstances, the Superintendent should be contacted. Any and all investigations should be conducted with the guidance of the Title IX Coordinator or Superintendent or his or her designee.
Upon any notice from a student or other individual that illegal harassment of a student may be occurring, the administrator or guidance counselor should inform the student of the school district’s policy and regulations, including the school district’s legal obligation to investigate every report even where the complainant is hesitant to pursue the complaint. The administrator or guidance counselor should advise the student that confidentiality will be maintained to the extent possible and should instruct participants in the investigation not to discuss the subject with others connected with school. The administrator or guidance counselor cannot make a blanket promise of complete confidentiality since information gained from the investigation may have to be disclosed to other students, school personnel or may be needed in subsequent government or court proceedings.
The administrator or guidance counselor should carefully document his or her knowledge of all communications and efforts concerning student complaints, including any student failure to take advantage of the opportunities provided by the school district’s policy and procedure. Such documentation should be maintained in a separate investigative file.
Administrators and others with supervisory responsibilities must attend a school-sponsored sexual harassment training program within six months of assuming such position with the school district and thereafter when required by the school district.
Title IX Coordinator. The Title IX Coordinator (or Superintendent or his/her designee) is responsible for designating the investigator of any complaint, which may be him or herself, a staff member, another administrator or an outside investigator, and providing guidance as necessary. The advise of legal counsel should be sought as necessary.
After an impartial and prompt investigation of the complaint, the investigator should ascertain, with the proper assistance, whether the alleged conduct occurred, and whether such conduct constitutes a violation of the Board’s policy. If there is a violation, the investigator should recommend the action necessary to eradicate the harassment, to discourage like conduct in the future, and to communicate that such conduct is inappropriate and a violation of Board policy.
After assessing the findings and recommending corrective action in regard to a sexual and other harassment investigation, the investigator should commit the findings and recommendations to writing and forward the report to the Superintendent (or designee) for a second review. If a second internal review is warranted but is impractical or implausible in light of the circumstances or persons involved, the report may be forwarded to outside legal counsel or an outside investigator. The second reviewer should review the investigative file and conduct further investigation if needed. Upon completion of his or her review, the findings should be communicated to the complainant and the alleged offender. If sexual harassment is determined to have occurred, the offender will be subject to appropriate disciplinary action which may include, but is not limited to, a verbal or written reprimand, reassignment, transfer, suspension or termination or expulsion.
All investigators should carefully document all aspects of their review, investigation, and subsequent communications. Documentation of the investigation should be maintained in an investigative file. Documentation of disciplinary actions taken should be maintained in the employee’s personnel file or the student’s disciplinary file.
The Title IX Coordinator is also responsible for ensuring the school district’s compliance with various statutory record keeping, notice and training requirements in the area of harassment. The Title IX Coordinator reviews the Board’s policy on sexual harassment and these accompanying administrative regulations periodically for appropriate updating, and monitors them on an on-going basis for effective implementation.
The definition of "sexual harassment" as well as the process by which any student may make a complaint of sexual or other illegal harassment is part of the orientation for all students and employees at the start of the school year and new students and employees during the school year. The Title IX Coordinator ensures that the Board’s policy and administrative regulations are distributed to all students and employees annually. He or she is also responsible for ensuring students and employees are aware of who is serving as Title IX Coordinator for the Board and how he or she may be reached.
Legal References:
20 U.S.C. §1681 (Title IX)
C.G.S. §10-15c (Discrimination in public schools prohibited)
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