Non-Discrimination and Harassment    File: AC

The Barnstable Public Schools does not tolerate discrimination against students, parents, employees or the general public on the basis of race, color, national origin, sex, sexual orientation, gender identity, disability, homelessness, religion, age or immigration status. The Barnstable Public Schools is also committed to maintaining a school environment free of harassment based on race, color, religion, national origin, gender, sexual orientation, gender identity, pregnancy or pregnancy status, veteran status, age or disability. In addition, the District provides equal access to all designated youth groups. Consistent with the requirements of the McKinney-Vento Act, the District also does not discriminate against students on the basis of homelessness.

The Superintendent shall designate at least one administrator to serve as the compliance officer for the District’s non-discrimination policies in education-related activities, including but not limited to responding to inquiries related to Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; Title II of the Americans with Disabilities Act; the Age Act; M.G.L c. 76, § 5; M.G.L. c. 151B and 151C; and 603 C.M.R. § 26.00. Inquiries about the application of Title IX to the District may be referred to the District’s Title IX Coordinator, to the Assistant Secretary of the U.S. Department of Education, or both.

The Barnstable Public Schools’ policy of nondiscrimination will extend to students, staff, the general public, and individuals with whom it does business; no person shall be excluded from or discriminated against in employment, admission to a public school of Barnstable or in obtaining the advantages, privileges, and courses of study of such public school on account of race, color, religion, national origin, gender, sexual orientation, gender identity, pregnancy or pregnancy status, veteran status, age or disability. 

In addition to designating at least one administrator to handle inquiries regarding the District’s non-discrimination policies, the Superintendent shall adopt and publish one or more grievance procedures for addressing reports of discrimination, harassment and retaliation under the protected classes identified in this policy.  If an individual is interested in filing a complaint that they have been discriminated against because of their race, color, religion, national origin, gender, sexual orientation, gender identity, pregnancy or pregnancy status, veteran status, age or disability, their complaint should be filed in accordance with the District’s grievance procedures for discrimination, harassment, and retaliation.

The student handbooks and grievance procedures shall identify the name, office address and telephone number for the compliance officer(s) for the above-referenced statutes and this policy and be posted on the District’s website.

ADOPTED:  December 1, 2021

LEGAL REFS.: Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a),(b); EEOA: 20 U.S.C. 1703(f); Title IX: 20 U.S.C. 1681; 34 CFR 106.31, 106.34, 106.35; Section 504: 29 U.S.C. 794; 34 CFR 104.4; Title II: 42 U.S.C. 12132; 28 CFR 35.130; IDEA 2004: 20 U.S.C. 1400; 34 CFR 300.110; NCLB: Title III, Part A, Sec. 3121(c)(1)(C); Title X, Part C, Secs. 721, 722(g)(4); Mass. Const. amend. art. 114; M.G.L. c. 71A, s. 7; c. 76, s. 5; 603 CMR 26.03 as amended by Chapter 199 of the Acts of 2011; MLG c. 71, s370; 42 USC s. 2000c et seq.; 42 USC s. 2000d et seq.; 20 USC s. 1701 et seq.; M.G.L c. 71, Sec. 84.

Title IX of the Education Amendments of 1972

The Barnstable Public Schools does not tolerate discrimination against students, parents, employees or the general public on the basis of sex. The Barnstable Public Schools is also committed to maintaining a school environment free of harassment based on sex, including harassment based on gender, sexual orientation, gender identity, pregnancy or pregnancy status. The Barnstable Public Schools’ policy of nondiscrimination extends to students, staff, the general public, and individuals with whom it does business; no person shall be excluded from or discriminated against in employment, admission to a public school of Barnstable Public Schools or in obtaining the advantages, privileges, and courses of study of such public school on account of sex. 

How to Report Sexual Harassment: Individuals are encouraged to report allegations of sexual harassment to the Title IX Coordinator(s) identified below or the Principal. Any report of sexual harassment, as defined under Title IX of the Education Amendments of 1972, will be responded to promptly in accordance with the District’s Title IX Sexual Harassment Grievance Procedures. Reports of discriminatory harassment not constituting sexual harassment as defined under Title IX of the Education Amendments of 1972, will be initially addressed through the District’s Title IX Sexual Harassment Grievance Procedure and may if dismissed under that procedure, be investigated in accordance with the District’s Civil Rights Grievance Procedures. 

Upon receipt of a report of sexual harassment, the Title IX Coordinator will: (1) promptly and confidentially contact the complainant to discuss the availability of supportive measures; (2) inform the complainant of the availability of supportive measures with or without the filing of a Title IX Formal Complaint; (3) consider the complainant’s wishes with respect to supportive measures; (4) if the school district does not provide the complainant with supportive measures, document the reasons why such response was reasonable; and (5) explain to the complainant the process for filing a Title IX Formal Complaint.  

Inquiries about the application of Title IX may be directed to the District’s Title IX Coordinator and/or the Assistant Secretary of the U.S. Department of Education, Office for Civil Rights.

The District's Title IX Coordinator is Mary Beth Shea, Ed.S., MSW, Executive Director of Social-Emotional Learning and Students Services, Barnstable Public Schools, 230 South Street, P.O. Box 955 who can be reached by e-mail at: shea_marybeth@mybps.us or by phone at: 508-862-4953 ext 1734. 

Student-to-Student Harassment Policy (School Committee Policy JBA)

Harassment of students by other students will not be tolerated in the Barnstable Public Schools. This policy is in effect while students are on school grounds, School District property or property within the jurisdiction of the School District, school buses, or attending or engaging in school activities.

Harassment prohibited by the District includes, but is not limited to, harassment on the basis of race, sex, gender identity, creed, color, gender identity, national origin, sexual orientation, religion, homeless status, marital status or disability. Students whose behavior is found to be in violation of this policy will be subject to disciplinary action up to and including suspension or expulsion.

Harassment means conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb or trouble students when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of a student´s education or of a student´s participation in school programs or activities;
• Submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student, or;
• Such conduct has the purpose or effect of unreasonably interfering with a student´s performance or creating an intimidating or hostile learning environment.

Harassment as described above may include, but is not limited to:

• Verbal, physical or written (including texting, blogging, or other technological methods) harassment or abuse;
• Repeated remarks of a demeaning nature;
• Implied or explicit threats concerning one´s grades, achievements, or other school matters. 
• Demeaning jokes, stories, or activities directed at the student.

The District will promptly and reasonably investigate allegations of harassment. The Principal of each building will be responsible for handling all complaints by students alleging harassment.

Retaliation against a student, because a student has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding, is also prohibited. A student who is found to have retaliated against another in violation of this policy will be subject to disciplinary action up to and including suspension and expulsion.

The Superintendent will develop administrative guidelines and procedures for the implementation of this policy.

LEGAL REF.:   M.G.L. 151B:3A

Title VII, Section 703, Civil Rights Act of 1964 as amended

BESE 603 CMR 26:00