The  Marcus  Whitman  Central  School  District  is  committed  to  creating  and  maintaining  a working and learning environment which is free of discrimination and intimidation. Based upon the principle that every individual is entitled to be treated with dignity and respect, and a recognition that harassment  is a violation  of  law  and District  policy,  the District  strictly  prohibits  communication (verbal,  written  or  graphic)  and/or  physical  conduct  which  constitutes  harassment  based  on  an individual's actual or perceived race, color, creed, religion, national origin, sexual orientation (the term "sexual orientation" means heterosexuality, homosexuality,  bisexuality, or asexuality, whether actual or perceived), political affiliation, sex, age, marital status, military status, veteran status, disability, or use of a recognized guide dog, hearing dog or service dog, or domestic violence victim status. The District also prohibits harassment based on an individual's opposition to discrimination or participation in a related investigation or complaint proceeding under the anti-discrimination statutes.

 

Anyone  who is in violation  of District  policy  and/or  regulation  will be subject  to  sanctions and/or disciplinary action as warranted. Should the offending individual be a student, appropriate disciplinary measures will be applied, up to and including suspension, in accordance with applicable laws and/or regulations, District policy and regulation, and the District Code of Conduct. Should the offending individual be a school employee, appropriate disciplinary  measures will be applied, up to and including termination of the offender's employment, in accordance with legal guidelines, District policy and regulation, the Code of Conduct, and the applicable  collective bargaining agreement(s). Third parties (such as school volunteers,  vendors/contractors,  etc.) who are found to have violated District  policy  and/or  accompanying  regulations,  and  the  Code  of  Conduct,  will  be  subject  to appropriate sanctions as warranted and in compliance with law.

 

Prohibition  of Retaliatory  Behavior

 

Retaliation against any individual for filing a charge of harassment or reporting allegations of harassment is illegal and prohibited. Similarly, retaliation  against any person who participates  in a related investigation or proceeding and/or hearing of such a charge or complaint of harassment is also prohibited. Any employee or student who retaliates against another individual shall be subject to disciplinary action, as warranted, in accordance with legal guidelines,applicable contractual mandates and/or the Code of Conduct.

 

Definitions/Examples of Prohibited  Conduct

 

The  District  strictly  prohibits  all  forms  of  harassment  on  school  premises  and  in  school buildings; and at all school-sponsored  programs, activities and events, including  those  which take place off school premises.

 Harassment  can  include  any  unwelcome  verbal,  written,  email  or  physical  conduct  which offends, denigrates, or belittles any individual because of any of the characteristics described above. Such conduct  includes,  but  is not  limited  to, derogatory  remarks,  jokes, demeaning  comments  or behavior, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, stalking, threatening, bullying, extorting, or the display or circulation of written materials or pictures.

 

Harassment Based on Race, Color and/or National Origin

 

Harassment  based  on  race,  color  and/or  national  origin  consists  of  communication  (verbal, written, or graphic) and/or physical conduct relating to an individual's race, color, or national origin (including an individual's ancestry, country of origin, or country of origin of the individual's parents, family members, or ancestors) that is sufficiently severe, pervasive, or persistent so that such conduct:

 

1)     Has  the  purpose  or  effect  of  creating  an  intimidating,  hostile  or  offensive  working  or academic environment;

 

2)     Has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or

 

3)      Otherwise adversely affects an individual's employment or academic opportunities. Examples of such conduct include, but are not limited to, the following:

1)     Intimidation  and implied or overt threats of physical violence  motivated  by race, color, and/or national origin.

 

2)     Physical acts of aggression or assault upon another, or damage to another's property that is motivated by the individual's race, color, and/or national origin.

 

3)     Demeaning jokes based on an individual's race, color and/or national origin, taunting, racial slurs  and  derogatory  racial  "nicknames,"  innuendoes,  or  other  negative  or  derogatory remarks of a racial nature or relating to national origin.

 

4)     Graffiti and/or slogans or visual displays such as cartoons or posters depicting racial/ethnic slurs or racially/ethnically derogatory sentiments.

 

5)      Criminal offenses directed at persons because of their race, color, and/or national origin.

 

 Sexual Harassment

 

Sexual  harassment  consists  of  unwanted  and  unwelcome  sexual  or  gender-based  behavior including,but not limited to, sexual advances, requests for sexual favors, sexually motivated physical conduct,  or other communication  (verbal,  written  or graphic)  and/or  physical  conduct  of a sexual nature when:

 

1)     Submission  to  such  conduct  or  communication   is  made  a  term  or  condition,  either explicitly or implicitly, of an individual's employment or education.

 

2)      Submission  to, or  rejection  of,  such  conduct  or  communication  is used  as  a factor  in decisions affecting an individual's employment or education.

 

3)      Such conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's work or education; or creates an intimidating, hostile or offensive work or educational environment.

 

Sexual violence is defined as physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent. Sexual violence as defined by New York Penal Law includes but is not limited to acts such as:

 

1)      Rape:

2)      Sexual assault,

3)      Sexual battery:

4)      Sexual coercion.

 

For specific information relating to sexual harassment complaints, prohibited conduct, and grievance procedures, please refer to the District's policies and/or regulations addressing Sexual Harassment o[District Personnel and Sexual Harassment o[Students.

 

Harassment Based on Disability

 

For purposes of this regulation, harassment because of disability consists of severe, persistent or pervasive   communication   (verbal,   written  or  graphic)  and/or   physical  conduct  relating  to   an individual's physical or mental impairment such that it substantially or unreasonably interferes with an individual's work or academic environment; affects an individual's ability to participate in or benefit from employment/educational  programs or activities; or creates an intimidating, threatening or abusive work/educational environment. Such harassing conduct includes any unwelcome verbal, written or physical  conduct directed  at the characteristics  of a person's disabling  condition, such as imitating manner of speech or movement, or intentional interference with necessary equipment.

 Examples of prohibited conduct include, but are not limited to, the following:

 

1)      Graffiti  containing  offensive  language  which  is  derogatory  to  others  because  of  their physical or mental disability.

 

2)      Threatening or intimidating conduct directed at another because of the other's physical or mental disability.

 

3)       Jokes, rumors or name calling based upon an individual's physical or mental disability.

 

4)       Slurs, negative stereotypes,  and hostile  acts which are based upon another's  physical or mental disability.

 

5)       Graphic material  containing  comments  or stereotypes  which is posted  or circulated  and which is aimed at degrading individuals or members of protected classes.

 

6)      A physical act of aggression or assault upon another because of an individual's physical or mental disability.

 

7)       Other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual's physical or mental disability.

 

Harassment Based on Religion and/or Creed

 

Harassment on the basis of religion and/or creed consists of unwelcome communication (verbal, written or  graphic) and/or  physical conduct  directed  at the characteristics  of a person's religion or creed  including,  but not  limited  to, derogatory  comments  regarding  surnames,  religious  tradition, religious clothing, or religious slurs or graffiti. It has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment; or substantially or unreasonably interferes with an  individual's   work  or  academic  performance;   or  otherwise  adversely  affects  an  individual's employment or academic opportunities.

 

Other Forms of Harassment

 

In accordance with applicable laws, as well as District policy, regulation, collective bargaining agreements, and/or the District Code of Conduct, the District condemns and prohibits all other forms of unlawful harassment based on the characteristics named above that substantially or unreasonably interfere  with  an  individual's  work/academic  environment;  adversely  affect  an  individual's work/academic performance; or otherwise adversely affect an individual's employment or academic opportunities  in violation of law and regulations, District policies, collective bargaining agreements and/or District Code of Conduct, as applicable.This regulation should not be read to abrogate other District policies and/or regulations prohibiting other forms of unlawful discrimination, inappropriate behavior, and/or hate crimes within this  District. It is  the  intent  of  this  District that  all  such policies  and/or regulations be  read consistently to provide the highest level of protection from unlawful discrimination in the provision of employment/educational services and opportunities. However, different treatment of any member of the above named group which has a legitimate, legal and nondiscriminatory reason shall not be considered a violation of District policy and/or regulation.

 

Authority and Responsibility

 

It is the responsibility of all Marcus Whitman Central School District employees and students to ensure that their behavior and environment are maintained free of harassment. Furthermore, each administrator and supervisor has the responsibility to maintain a non-threatening  environment which includes discussing the District's policy and regulation  pertaining to harassment  with all employees and students, and assuring students and staff that they are not required to endure insulting, degrading or exploitative treatment.

 

All complaints of harassment, whether written or verbal, formal or informal, will be thoroughly investigated  to  determine  whether  the  totality  of  the  alleged  behavior  and  circumstances  may constitute harassment. It is recommended that any individual of the above named group who believes he/she has been subjected to harassment, or has reason to know of and/or witnesses any incident of harassment by a District employee, student, or other third party subject to the control and supervision of the District, submit a written complaint; however, complaints may be filed verbally and the absence of a written complaint does not negate the District's responsibility to investigate such allegations as thoroughly  as  possible.  School  officials  are  required  to  provide  a  written  report  of  investigation findings  and any  action  taken  to  resolve  the complaint  within  time  frames  as established  by  the District.

 

Any individual of the above named group who believes he/she has been subjected to harassment in the school  environment  or at school-sponsored  activities,  including  those  which  take  place  off school  premises,  as  well  as any  other  person  who  is aware  of  and/or  who  has  knowledge  of  or witnesses any possible occurrence of harassment, shall promptly report such occurrence; the report is to be directed to or forwarded to the District's designated Complaint Officers or as otherwise indicated in this regulation. The District  will designate, at a minimum, two Complaint  Officers, one of each gender.  If the  individual  is  in  doubt  as  to  the  "seriousness"  of  the  incident  and/or  whether  such behavior constitutes harassment, he/she is still encouraged to immediately report such conduct for resolution.  If the Complaint  Officer is the alleged offender, the report shall be directed to the next level of supervisory authority as indicated below.

 Allegations of harassment may be reported through informal and/or formal complaint procedures; and utilization of the District's grievance guidelines does not preclude an individual from pursuing other avenues of legal recourse.