Mandatory Regulatory Procedures:
The Code of Student Conduct, which shall incorporate this policy, shall be disseminated annually to students.
This policy shall be accessible in every classroom, posted in a prominent location within each school building and posted on the district website. The policy shall be made available in English and all other languages necessary to facilitate understanding by district residents. This policy shall be reviewed with every district student within ninety (90) days after the initial adoption or a revision by the SRC, and annually on the first day of school thereafter.
The Board prohibits all forms of harassment and discrimination of students and third parties by all District students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools.
The Board directs that the foregoing statement of Board policy be included in each student and staff handbook, and that this policy be posted to the District’s website.
The Board requires a notice stating that the District does not discriminate in any manner, including Title IX sexual harassment, in any District education program or activity, to be issued to all students, parents/guardians, employment applicants, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the District. All discrimination notices and information shall include the title, office address, telephone number, and email address of the individual(s) designated to monitor compliance.
Verbal complaints of an incident or incidents shall be accepted and documented via the Online Bullying Harassment and Discrimination Reporting Page[1] in accordance with Administrative Procedure A and B.
This policy applies to students in connection with all of the academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school’s facilities, on a school bus, in transit to and from school, at a class or training program sponsored by the school at another location, or elsewhere. The policy also applies to any off-campus conduct that has a continuing effect on the campus.
Upon receipt of a report, the Compliance Officer/Title IX Coordinator shall conduct an assessment to determine the appropriate process for handling the report. If the reported circumstances, as alleged, would be sufficient to meet the definition of Title IX sexual harassment the report shall be addressed through Administrative Procedure B: Title IX Sexual Harassment. All other reports of harassment or discrimination shall be addressed through Administrative Procedure A: Bullying, Harassment, and Discrimination - Students.
Supportive Measures
Schools must provide intervention and support to Complainants, Respondents, and/or witnesses to address acts of bullying, harassment, or discrimination. Possible interventions include, but are not limited to, the following actions:
- Parent/student conferences;
- Offer of one-to-one counseling with appropriate professional staff;
- Positive behavioral supports, such as functional behavioral assessments and check in/check out;
- Increased adult supervision in hot spot areas and during transition times (e.g. admission and dismissal, classroom changes, lunch, recess);
- Social skills training, including role playing;
- Positive incentives and reinforcements for appropriate or improved behavior;
- Development of a safety plan for the Complainant; and
- Daily report.
Confidentiality
Confidentiality of all parties, witnesses, the allegations, the filing of a report, and the investigation related to any form of harassment or discrimination, including Title IX sexual harassment, shall be handled in accordance with applicable law, regulations, this policy, the administrative procedures to this policy, and the District's legal and investigative obligations.[18][19][24][25][26][27]
The basic rights of all concerned shall be respected at all times. All parties will be treated with dignity and due process.
Retaliation
The Board prohibits retaliation by the District or any other person against any person for: [26]
? Reporting or making a formal complaint of any form of harassment or discrimination or retaliation, including Title IX sexual harassment;
? Testifying, assisting, participating, or refusing to participate in a related investigation, process, or other proceeding or hearing; or
? Acting in opposition to practices the person reasonably believes to be discriminatory. The District, its employees, and others are prohibited from intimidating, threatening, coercing, or discriminating against anyone for actions described above. Individuals are encouraged to contact the Compliance Officer/Title IX Coordinator immediately if retaliation is believed to have occurred.
Disciplinary Consequences
Violations of this policy, including acts of retaliation as described in this policy, or knowingly providing false information, may result in disciplinary consequences or corrective actions under applicable Board policy and procedures. [28][29][30][31]
Disciplinary or corrective action may include, but is not limited to, appropriate supports and interventions, which may include:
? Multi-tiered System of Supports (“MTSS”);
? Positive Behavior Interventions & Supports (“PBIS”);
? Student Assistance Program (“SAP”);
? Counseling services;
? Parent meetings;
? Referrals to appropriate resources outside of the District;
? Loss of school privileges;
? Permanent transfer to another school building, classroom, or school bus;
? Exclusion from school-sponsored activities;
? Detention; and
? Referral to law enforcement officials.
Students Convicted or Adjudicated Delinquent of Sexual Assault
Upon notification of a conviction or adjudication of a student in the District for sexual assault against another student enrolled in the District, the District shall comply with the disciplinary or placement requirements established by state law. [22]
Complaint/Grievance Procedure – Student/Third Party
Step 1 – Reporting Bullying, Harassment, or Discrimination
A student or third party who believes s/he has been subject to conduct by any student, employee or third party that constitutes a violation of the District’s anti-harassment or nondiscrimination policy(s), or the parent/guardian of a student, is encouraged to immediately report the incident to the building principal or designee, or to any other member of the school staff, including teachers, guidance counselors, bilingual counseling assistants (BCAs), coaches and administrators. A school employee who witnesses, suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the building principal or designee.
The complainant or reporting employee is encouraged to use the report form available from the
building principal, but oral complaints shall be acceptable. The principal or designee shall
complete the District’s complaint form if the complainant chooses to make an oral or electronic
report. In each building, to the extent practicable, compliant forms shall be readily available in
any and all languages that are spoken by one or more students attending that school.
If the building principal is the subject of a complaint, the student, parent/guardian, third party or employee shall report the incident directly to the Title IX Deputy Coordinator for inquiries under this Policy:
Chief Student Support Services Officer/Title IX Deputy Coordinator
440 N. Broad Street
Philadelphia PA 19130
215-400-4000
antiharassment@philasd.org
Step 2 – Investigation
Upon receiving a complaint of harassment or sex discrimination, the building principal or designee shall take immediate and appropriate action to investigate or otherwise determine what occurreds. At a minimum, the investigation shall consist of the following:
The investigation should consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation.The parties may present witnesses and other evidence as part of the investigation.The investigator shall attempt to secure statements from all participants i n, and witnesses to, the incident(s). The complainant shall not be required to meet face-to-face with the accused.When a student with limited English proficiency is a party to a complaint, interpretation and/or translation services shall be provided. The limited English proficiency of a complainant, witness, or the accused is not an acceptable reason for failure to secure a statement from him or her.The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded.The obligation to conduct this investigation shall not be negated by the fact that the complainant cannot identify the accused.
All complaints should be forwarded and/or uploaded to the Title IX Deputy Coordinator for the purpose of monitoring, evaluating and providing District level support to diminish harassment.
All investigations shall be completed by the assigned investigator within fourteen (14) days from the reporting of the complaint. Extenuating circumstances for not being able to comply with the deadline must be approved by the Title IX Deputy Coordinator. The extension must be a specified period of time not exceeding fourteen (14) days, and must be communicated to the complainant.
The District will follow the Complaint Procedures regardless of whether the alleged harassment also is being investigated by another agency, including law enforcement, unless particular procedural steps would directly impede a criminal investigation. The District will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the victim(s) and the school community and the avoidance of retaliation.
In the event that school-based staff fail to investigate a complaint of harassment or sex discrimination, fail to document the outcome of an investigation, or if violations continue after an investigation has concluded, individuals shall report the incident to the district's Title IX Deputy Coordinator at 215-400-4000 and/or submit a complaint to antiharassment@philasd.org.
Step 3 - Investigative Report
The building principal or designee shall prepare a written report which shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, and a recommended disposition of the complaint.
The findings of the investigation shall be provided to the complainant, and his or her parent, if s/he is under 18 years old, the accused, and the Title IX Deputy Coordinator.
Step 4 - District Action
If the investigation determines that the accused engaged in conduct that constitutes a violation of this policy, the District shall take prompt and effective steps reasonably calculated to end the harassment or sex discrimination, eliminate any hostile environment. remedy the discriminatory effect on the victim, and prevent the harassment or sex discrimination from recurring. .When appropriate, students who have been found to violate this policy will receive instruction or training on why their actions were inappropriate and/or hurtful.
Complainants and the accused, and their parents, if they are under 18 years old, shall be notified of the final disposition/action taken by the District.
Appeal Procedure
If the complainant or accused is not satisfied with a finding of no violation of the policy or with the recommended corrective action, s/he may submit a written appeal to the Title IX Deputy Coordinator(s) within fifteen (15) days of her/his receipt of written notice of final disposition/action taken. The appeal will be conducted in an impartial manner by an impartial decision-maker.The Title IX Deputy Coordinator(s) shall review the investigation and the investigative report and may also conduct a reasonable investigation.The Title IX Deputy Coordinator(s) shall prepare a written response to the appeal within fifteen (15) days. This time period may be extended by the Title IX Deputy Coordinator(s) under circumstances where winter, spring or summer break coincides with the investigatory period or for other reasonable cause. Copies of the response shall be provided to the complainant, the accused and the building principal/immediate supervisor who conducted the initial investigation.
Disciplinary actions shall be consistent with the Code of Student Conduct, Board policies, and administrative procedures outlined in this policy, and state and federal laws. The corrective action may include, but is not limited to, appropriate supports and interventions for students who are either victims or perpetrators of improper conduct, in accordance with District services and programs, which may include MTSS; Positive Behavior Interventions & Supports (PBIS); Student Assistance Program (SAP); counseling services; parent meetings; referrals to appropriate resources outside of the District; student discipline pursuant to the Code of Student Conduct which could include suspension or expulsion; employee discipline in accordance with any applicable collective bargaining agreement or contract, including but not limited to counseling, suspension, expulsion.
If it is concluded that a student has intentionally made a false report or complaint under this policy, such student may be subject to disciplinary action.
Expedited Resolution of Harassment Incidents
While the SRC cautions that all incidents of harassment are hurtful to students and negatively impact the school environment, there are some harassment incidents that District employees can effectively address and resolve immediately. The investigative procedures (Steps 1-4 above) shall not apply when a District employee witnesses or receives a report of harassment and the District employee, in his/her professional judgment determines:
The harassment was not severe, persistent, or pervasive, andThe District employee is able to fully and adequately address the harassment with the target(s) (if any) and the perpetrator(s), including:
Educating the perpetrator(s) on the wrongfulness of his/her actions, identifying the harassing language and behavior involved, and referring the student for counseling, community service or imposing discipline, if appropriate, andSpeaking with the target student(s) (if any) to ensure s/he has not been a repeated target of harassment, is satisfied with the employee's response, and is notified of his/her right to file a complaint with the principal.
Whenever the Expedited Resolution process is followed, the District employee shall file a written report on the incident in accordance with the administrative procedures outlined in this policy.
Examples of behavior that should be reported include, but are not limited to, the following:
The following are examples of harassment prohibited by this policy:
Some students anonymously inserted offensive notes into African-American students' lockers and notebooks, used racial slurs, and threatened African-American students who tried to sit near them in the cafeteria.
Students mockingly refer to Asian students as "Bruce Lee", "China boy",''f"ckm' Asian” and use racial slurs and create noises intended to reference made-up speech around Asian languages. Asian students are routinely targeted in unmonitored student-centric areas such as stairwells, hallways, bathrooms, and walking to and from school with students screaming at them with threats of harm and physical assault. One student threatens an Asian student by drawing a finger across the throat with the statement, "F*ck you China people."
School employees at junior high school received reports of several incidents of anti-Semitic conduct at the school Anti-Semitic graffiti, including swastikas, was scrawled on the stalls of the school bathroom. At the same school, a teacher caught two ninth-graders trying to force two seventh-graders to give them money. The ninth-graders told the seventh-graders, "You Jews have all of the money, give us some. “At the same school, a group of eighth-grade students repeatedly called a Jewish student "Drew the dirty Jew."
Shortly after enrolling at a new high school, a female student had a brief romance with another student. After the couple broke up, other male and female students began routinely calling the new student sexually charged names, spreading rumors about her sexual behavior; and sending her threatening text messages and e-mails.
A gay high school student was called names (including anti-gay slurs and sexual comments) both to his face and on social networking sites, physically assaulted, threatened, and ridiculed because he did not conform to stereotypical notions of how teenage boys are expected to act anti appear (e.g., effeminate mannerisms, nontraditional choice of extracurricular activities, apparel, and personal grooming choices).
Several classmates repeatedly called a student with a learning disability "stupid," "idiot,” and "retard" while in school and on the school bus. On one occasion, these students tackled him, hit him with a school binder, and threw his personal items into the garbage.
Students yell "Speak English!" at immigrant youth at a school who speak their native language in school. In full view of other students, native born English speakers routinely mimic or otherwise make fun of immigrant students' accents and comment on how "weird" they sound.
Students who are in a romantic relationship get into an argument while at lunch and one of them punches the other.
A student sexually assaults another student while on a field trip.
A teacher requests sexual favors in exchange for a passing grade on a test.
After two students end their relationship, one waits for the other outside of all of their classes and repeatedly asks them to reconsider. The student replies that they are not interested but continues to be followed around the building. The student is fearful and no longer feels comfortable going to class, or safe at school.