Policy Tool | District Policies

Print  | Print Policy & Subs

5000-RAdministrative Regulations Regarding Discrimination Complaints (STUDENTS)

ADMINISTRATIVE REGULATIONS REGARDING DISCRIMINATION COMPLAINTS (STUDENTS)

 

Protected Class Discrimination Prohibited:

The Meriden Board of Education (the “Board”) complies with all laws prohibiting the exclusion of any person from any of its educational programs or activities, or the denial to any person of the benefits of any of its educational programs or activities, on the basis of any protected characteristic (or protected class) including race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, gender identity or expression, veteran status, status as a victim of domestic violence or any other basis prohibited by state or federal law (“Protected Class”), subject to the conditions and limitations established by law.  When the Board has created a limited public forum, the Board shall provide equal access to the Boy Scouts and other groups as required by law.

It is the policy of the Board that any form of discrimination or harassment on the basis of an individual’s actual or perceived membership in a Protected Class, whether by students, Board employees, Board members or third parties subject to the control of the Board, is prohibited in the Meriden Public Schools (the “District”) 

 

Retaliation Prohibited:

The Board further prohibits reprisal or retaliation against any individual who reports incidents in good faith that may be a violation of this policy, or who participates in the investigation of such reports.

The District will not tolerate any reprisals or retaliation that occur as a result of the good faith reporting of charges of Protected Class discrimination or harassment.  Any such reprisals or retaliation may result in disciplinary action against the retaliator, and other corrective actions as appropriate.

Discrimination on the Basis of Protected Class Association Prohibited:

Discrimination and/or harassment against any individual on the basis of that individual’s association with someone in a Protected Class may also be considered a form of Protected Class discrimination and/or harassment.

Scope and Applicability:

Students, Board employees, Board members and community members (e.g., other individuals affiliated with the District, accessing or seeking access to District facilities) are expected to adhere to a standard of conduct that is respectful of the rights of all members of the school community.  

It is also the policy of the Board to provide for the prompt and equitable resolution of complaints alleging Protected Class discrimination or harassment.  The District will investigate both formal and informal complaints of discrimination, harassment or retaliation.

The following non-exhaustive list provides examples of the type of prohibited conduct that may be considered Protected Class harassment that can lead to a hostile environment, and are therefore prohibited:

  • objectively offensive racial, ethnic, or religious epithets (or epithets commonly associated with any Protected Class membership);
  • other words or phrases commonly considered demeaning or degrading on the basis of Protected Class membership;
  • display of images or symbols commonly associated with discrimination against individuals on the basis of their membership in a Protected Class;
  • graphic, written or electronic communications that are harmful, or humiliating based on Protected Class membership;
  • bigoted conduct or communications; or
  • physical, written, electronic or verbal threats based on Protected Class membership.

 

Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.  

Reporting to District Officials:

Any student, staff member and/or parent/guardian who believes a student has experienced Protected Class discrimination or harassment or an act of retaliation or reprisal in violation of Board policy should report such concern in writing to the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, Ct 06450 in accordance with the Board’s complaint procedures included in these Administrative Regulations Regarding Non-Discrimination/Students. 

If a complaint involves allegations of discrimination or harassment of a student based on sex, sexual orientation, pregnancy, or gender identity or expression, such complaints will be handled in accordance with the procedures set forth in Board Policy # 5020, Policy Regarding Title IX of the Educational Amendments of 1972 – Prohibition of Sex Discrimination and Sexual Harassment (Students).  Complaints involving allegations of discrimination or harassment of student based on disability will be addressed in accordance with the procedures set forth in Board Policy # 5010, Section 504/ADA (Students).  In the event reported conducted allegedly violates more than one policy, the Board will coordinate any investigation in compliance with the applicable policies.

Students are encouraged to immediately report any concerns about Protected Class discrimination, harassment, or retaliation. 

Students may make verbal or written reports about Protected Class discrimination, harassment, or retaliation to any school employee.

 Preferably, complaints should be filed within thirty (30) days of the alleged occurrence.  Timely reporting of complaints facilitates the investigation and resolution of such complaints.  The District will investigate such complaints promptly and equitably, and will take corrective action when allegations are verified. 

Mandatory Staff Reporting for Student Incidents:

District employees are required to report incidents of alleged student-to-student and employee-to-student discrimination, harassment or retaliation that may be based on a Protected Class when District employees witness such incidents or when District employees receive reports or information about such incidents, whether such incidents are verbal or physical or amount to discrimination, harassment or retaliation in other forms. Reports should be made to any District administrator or to:

 Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173

Complaint Procedure

As soon as a student feels that they, or another student has been subjected to Protected Class discrimination, harassment or retaliation, the individual should make a written complaint to Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173 or to the building principal, or designee. 

Students may make verbal or written reports about Protected Class discrimination, harassment, or retaliation to any school employee.  School employees receiving such reports shall promptly forward them to any District administrator or to the Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173

The student and/or parent/guardian or other individual will be provided a copy of the Board’s policy and regulation and made aware of the student’s rights under this policy and regulation.  In the event the Office of the Assistant Superintendent for Finance and Operations receives a complaint alleging discrimination or harassment of a student based on sex, sexual orientation, pregnancy, or gender identity or expression, the Office of the Assistant Superintendent for Finance and Operations shall follow the procedures identified in Board Policy 5020, Policy Regarding Title IX of the Educational Amendments of 1972 – Prohibition of Sex Discrimination and Sexual Harassment (Students).  In the event the Office of the Assistant Superintendent for Finance and Operations receives a complaint alleging discrimination or harassment of a student based on disability, the Assistant Superintendent for Finance and Operations shall follow the procedures identified in Board Policy # 5010, Section 504/ADA (Students).

The complaint should state the:

1. Name of the complainant,

2. Date of the complaint,

3. Date(s) of the alleged harassment/discrimination,

4. Name(s) of the harasser(s) or discriminator(s),

5. Location where such harassment/discrimination occurred,

6. Names of any witness(es) to the harassment/discrimination,

7. Detailed statement of the circumstances constituting the alleged harassment/discrimination; and

Proposed remedy.

 

Any student and/or parent/guardian or other individual who makes an oral complaint of discrimination or harassment of a student to any of the above-mentioned personnel will be provided a copy of this regulation and will be requested to make a written complaint pursuant to the above procedure.  If a student (or individual acting on behalf of the student) is unable to make a written complaint, the school employee receiving the oral complaint will either reduce the complaint to writing or assist the student (individual acting on behalf of the student) in completing the written complaint form or ask a District administrator for assistance in doing so. 

All complaints are to be forwarded immediately to the Superintendent or designee.  Upon receipt of a complaint alleging discrimination or harassment of a student under this complaint procedure, the Superintendent shall designate a District administrator (or other trained individual) to promptly investigate the complaint.  During the course of the investigation, the investigator shall interview or consult with all individuals reasonably believed to have relevant information, including the individual alleged to have experienced Protected Class discrimination and/or harassment (the “complainant”), the reporter (if different from the complainant) the alleged discriminator/harasser (“respondent”) and any witnesses to the conduct.  Complaints will be investigated promptly within the timeframes identified below.  Timeframes may be extended as needed given the complexity of the investigation, availability of individuals with relevant information and/or other extenuating circumstances.  Confidentiality will be maintained by all persons involved in the investigation to the extent possible to the extent consistent with principles of due process, as determined by the investigator.

Upon receipt of a written complaint of discrimination or harassment of a student, the investigator should:

  1. Offer to meet with the complainant (and respondent, if applicable) within ten (10) business days (provided that such timeframe may be reasonably extended based on the availability of necessary witnesses and/or participants, the complexity of the investigation, and/or other extenuating circumstances) to discuss the nature of the complaint, discuss the availability of interim measures, identify individuals the complainant or respondent believes has relevant information, and obtain any relevant documents the complainant or respondent may have;
  1. Provide the complainant (and respondent, if applicable) with a copy of the Board’s non-discrimination policy and accompanying regulations;
  1. Conduct an investigation that is adequate, reliable, and impartial. Investigate the factual basis of the complaint, including, as applicable, conducting interviews with the parties to the complaint and any relevant witnesses or other individuals deemed relevant to the complaint;
  1. Review any records, notes, statements, or other documents relevant to the complaint;
  1. Maintain confidentiality to the extent practicable throughout the investigative process, in accordance with state and federal law;
  1. Complete a final investigation report that includes: (i) a findings of fact based on the evidence gathered; (ii) for each allegation, the conclusion(s) and reasoning(s) as to whether the discrimination or harassment occurred; and (iii) for any individual(s) found to have engaged in discrimination or harassment, a broad statement of consequences imposed (to the extent permitted by state and federal confidentiality requirements) (i.e. “Consequences were imposed.”).
  1. Communicate the outcome of the investigation in writing to the complainant (and respondent, if applicable) (to the extent permitted by state and federal confidentiality requirements), within thirty (30) business days (provided that such timeframe may be reasonably extended based on the availability of necessary witnesses and/or participants, the complexity of the investigation, and/or other extenuating circumstances) from the date the complaint was received by the Superintendent’s office. The complainant (and respondent, if applicable) shall be notified of any extension of the investigation timeline. The written notice shall include a finding whether the complaint was substantiated and if so, shall identify, to the extent possible, how the District will remedy the discrimination or harassment, adhering to the requirements of state and federal law;
  1. If a complaint is made during summer recess, the complaint will be reviewed and addressed as quickly as possible given the availability of employees and/or other individuals who may have information relevant to the complaint. If fixed timeframes cannot be met, the complainant (and respondent, if applicable) will receive notice and interim measures may be implemented as necessary (see sub-paragraph 6);
  1. Whenever allegations are verified, ensure that appropriate corrective action is taken (including, but not limited to, disciplinary action) aimed at preventing the recurrence of the discrimination or harassment. Corrective action should include steps designed to avoid continuing discrimination or harassment;
  1. If a complainant or a respondent is not satisfied with the findings and conclusions of the investigation, the complainant (and/or respondent, if applicable) may present the complaint and written outcome to the Superintendent within thirty (30) calendar days of receiving the findings. Upon review of a written request from the complainant (and/or respondent, if applicable), the Superintendent shall review the investigative results of the investigator and determine if further action and/or investigation is warranted.  Such action may include consultation with the investigator and complainant (and/or respondent, if applicable), a meeting with appropriate individuals to attempt to resolve the complaint, or a decision affirming or overruling the investigator’s conclusions or findings.  The Superintendent shall provide written notice to the complainant (and respondent, if applicable) of the proposed actions within thirty (30) business days (provided that such timeframe may be reasonably extended based on the availability of necessary witnesses and/or participants, the complexity of the investigation, and/or other extenuating circumstances) following the receipt of the written request for review.

Remedial Action:

If the District makes a finding of discrimination, harassment or retaliation of a student, the District will take remedial action designed to:

  1. eliminate the discriminatory/harassing/retaliatory conduct,
  2. prevent its recurrence, and
  3. address its effects on the complainant and any other affected individuals.

Examples of appropriate action may include, but are not limited to:

  1. In the case of a student respondent, interventions for the individual who engaged in the discrimination/harassment may include, but are not limited to, discipline (including but not limited to suspension and/or expulsion), educational interventions, exclusion from extra-curricular activities and/or sports programs, and/or referral to appropriate state or local agencies;
  2. In the case of an employee respondent, interventions for the individual who engaged in the discrimination/harassment may include, but are not limited to, supervisor notification, discipline (including possible termination of employment), training, and/or referral to appropriate state or local agencies;
  3. In the case of respondent who is otherwise associated with the school community, interventions for the individual who engaged in the discrimination/harassment may include, but are not limited to, exclusion from school property and/or activities and/or referral to appropriate state or local agencies;
  4. Follow-up inquiries with the complainant and witnesses to ensure that the discriminatory/harassing conduct has stopped and that they have not experienced any retaliation;
  5. Supports for the complainant; and
  6. Training or other interventions for the larger school community designed to ensure that students, staff, parents, Board members and other individuals within the school community understand the types of behavior that constitute discrimination/harassment, that the District does not tolerate it, and how to report it.

District staff members and administrators will work with students and parents/guardians to take steps designed to prevent acts of discrimination, harassment and retaliation.

Staff Development:

The District will periodically provide staff development for District administrators and periodically distribute the Board’s Non-Discrimination policies and the implementing administrative regulations to staff, students and parents in an effort to maintain an environment free of discrimination, harassment and retaliation. 

Reporting to State and Federal Agencies:

Any student and/or parent/guardian also may file a complaint with the Office for Civil Rights, U.S. Department of Education (“OCR”):

 

Office for Civil Rights, Boston Office

U.S. Department of Education

8th Floor

5 Post Office Square

Boston, MA  02109- 3921

(617-289-0111)

http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

 

Any student and/or parent/guardian may also file a complaint with the Connecticut Commission on Human Rights and Opportunities:

 

Connecticut Commission on Human Rights and Opportunities

450 Columbus Blvd.

Hartford, CT 06103-1835

(860-541-3400 or Connecticut Toll Free Number 1-800-477-5737)

 

Questions/Requests for Accommodation:                       

Any parent, student, staff member, Board member or community member who:

 

  1. has questions or concerns about this policy or its accompanying regulations;
  2. wishes to request or discuss accommodations for a student based on religion; may contact:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173 

            Any parent, student, staff member, Board member or community member who has questions or concerns about the Board’s policies regarding discrimination or harassment of students on the basis of gender/sex, gender identity, or sexual orientation may contact the District’s Title IX Coordinator:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173                       

Any parent, student, staff member, Board member or community member who:

  1. has specific questions or concerns about the Board’s policies regarding discrimination on the basis of disability applicable to students; OR
  2. wishes to request an accommodation for a student on the basis of disability

may contact the District’s Section 504/ADA Coordinator:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173

 

 

11/20/2023

                               

                                       

 

Previous Policy Number: