JICK Harassment of Students
HARASSMENT OF STUDENTS
Harassment of students by other students, employees, vendors and other third parties will not be tolerated in the Hamilton-Wenham Regional School District. The alleged harassment must involve conduct that occurred within the school’s own program or activity, such as whether the harassment occurred at a location or under circumstances where the school owned, or substantially controlled the premises, exercised oversight, supervision or discipline over the location or participants, or funded, sponsored, promoted or endorsed the event where the alleged harassment occurred, against a person in the United States. 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 sponsored activities.
Harassment prohibited by the District includes, but is not limited to, harassment on the basis race*, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, active military/veteran status, marital status, familial status, pregnancy, or pregnancy-related condition, homelessness, ancestry, ethnic background, national origin, or any other category protected by state or federal law. 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 pursuant to disciplinary codes. Employees who have been found to violate this policy will be subject to discipline up to and including, termination of employment, subject to contractual disciplinary obligations.
Employee-to-Student Harassment means conduct of a written, 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; or
• Submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student.
Student-to-Student Harassment means conduct of a written, verbal, or physical nature that is designed to embarrass, distress, agitate, disturb or trouble students, when:
• 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:
• Written, verbal, or physical (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 matter.
• Demeaning jokes, stories, or activities directed at the student.
By law, what constitutes harassment is determined from the perspective of a reasonable person with the characteristic on which the harassment is based. Individuals should consider how their words and actions might reasonably be viewed by others.
The District will promptly and reasonably investigate allegations of harassment through designation of Title IX Coordinator or building based employees, who may include principals or their designees. The superintendent will recommend, in consultation with the principals, opportunities to the designated recipients for appropriate training. Where it is determined that discrimination or harassment has occurred, the District will act promptly to eliminate the conduct and will impose developmentally appropriate disciplinary, restorative and/or corrective action.
The District will respond promptly and reasonably investigate allegations of sexual harassment through designation of the Title IX Coordinator or building based employees to any reports or complaints of discrimination, including harassment and retaliation, or other violations of civil rights, pursuant to our detailed response protocol. Where it is determined that discrimination or harassment has occurred, the District will act promptly to eliminate the conduct and will impose developmentally- appropriate disciplinary, restorative, and/or corrective action.
*race to include traits historically associated with race, including, but not limited to, hair texture, hair type, hair length and protective hairstyles.
- M.G.L. 151B:3A
- Title IX of the Education Amendments of 1972
- BESE 603 CMR 26:00
- 34 CFR 106.44 (a), (a)-(b)
- 34 CFR 106.45 (a)-(b) (1)
- 34 CFR 106.45 (b)(2)-(b)(3,4,5,6,7) as revised through June 2020
- Acts of 2022, Chapter 117 - https://malegislature.gov/Laws/SessionLaws/Acts/2022/Chapter117
- AC Non-Discrimination Policy Including Harassment and Retaliation