Policy - 1362 Non-Discrimination & Anti-Harassment Statement and Policy

It is the policy of Carmel Clay Schools to maintain an education and work environment which is free from all forms of discrimination and harassment, including sexual harassment and harassment based on sexual orientation. Carmel Clay Schools does not discriminate or tolerate harassment on the basis of a protected class including but not limited to race, color, national origin, gender, age, religion, genetic information or disability in the programs or activities which it operates or the employment therein or admission thereto. This commitment applies to all School Corporation operations, programs, and activities. All students, administrators, teachers, staff, and all other school personnel share responsibility for avoiding, discouraging, and reporting any form of unlawful harassment. This policy applies to unlawful conduct occurring on school grounds immediately before, during, or immediately after school hours; in any school program or activity taking place in school facilities, on school transportation, or at other off-campus locations, such as at school-sponsored field trips or a training program; or using property or equipment provided by the school, including school-owned computers and the school’s computer network.

Carmel Clay Schools has designated several staff members as coordinators of non-discrimination and anti-harassment. The identity and contact information for these staff members are listed below. The coordinators are responsible for monitoring and ensuring compliance with all non-discrimination and anti-harassment law. The coordinators shall receive and process any formal complaints of discrimination or harassment based on a protected class. The coordinators shall document all reports of incidents of disability discrimination or harassment and establish a protocol for recordkeeping.

 
Title
Name
Phone
Email
Mailing Address
Forms of Harassment Addressed by the Coordinator
Section 504 Coordinator
Mrs. Linda Gibson
 317-844-9961
5201 E. Main Street
Carmel, IN 46033
Disability
Title IX Coordinator
Mrs. Carol Hodes
  317-844-9961
 
5201 E. Main Street
Carmel, IN 46033
Gender
Title VI Coordinator
Mr. Ryan Newman
  317-844-9961
5201 E. Main Street
Carmel, IN 46033
Race
Anti-Harassment Coordinator
Mr. Ryan Newman
  317-844-9961
5201 E. Main Street
Carmel, IN 46033
All other forms of harassment
 

Non-discrimination & Anti-harassment Policy and Procedures

Carmel Clay Schools will vigorously enforce its prohibition against discrimination and harassment based on sex, race, color, national origin, religion, disability, genetic information, sexual orientation, or any other protected class, and encourages those within the School Corporation community as well as third parties who feel aggrieved to seek assistance to rectify any such problems. 

 

Harassment may take many forms, including: verbal acts and name-calling; graphic and written statements; or other conduct that may be harmful, humiliating, or physically threatening. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Harassment may be any act, speech, or gesture sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability to participate in or benefit from the services, activities, or opportunities provided by the School.

 

The goal of these policies and procedures is to ensure they adequately address and provide sufficient options for responding effectively to incidents of discrimination and harassment. Carmel Clay Schools, through school administration, will ensure that its policy and procedures against discrimination are widely distributed and easily understood by students, parents of students, and employees. Carmel Clay Schools will take appropriate steps to educate employees, students, and parents regarding its non-discrimination and anti-harassment policies and reporting procedures. This may include: presentations during employee training; seminars, workshops, or speakers; or signs, posters, or demonstrations highlighting important parts of the policy. Policies and reporting procedures will be made available to the school community through hardcopy and via the School’s website.

Anyone who believes that a student or staff member has possibly been or is the victim of discrimination or harassment is encouraged to immediately report the situation to an appropriate staff member such as a teacher, counselor or administrator. Any employee who suspects discrimination or harassment must report the behavior to his/her immediate superior. The reporter need not be the victim of the discrimination or harassment. Complaints against a staff member should not be reported to the staff member that is alleged to be the harasser. Instead, complaints against a staff member should be reported to that staff member’s supervisor or appropriate coordinator based on the form of harassment. For example, harassment based upon disability should be reported to the Section 504 Coordinator. Complaints need not be in formal written format. Reporters may informally and verbally report discrimination and harassment to an appropriate staff member pursuant to this policy.

If a report of harassment is received by Carmel Clay Schools, the administration will inform the alleged target of the harassment on whose behalf the report was made (and family members, if appropriate) of the options for formal and informal action and of Carmel Clay School’s responsibilities.  All investigations into harassment complaints will be prompt, thorough, and impartial. The means of investigating discrimination and harassment will include but not be limited to: witness interviews; request for written witness statements; record identification and review; assessment of whether discrimination or harassment occurred; and, if discrimination or harassment is substantiated, an assessment of how to appropriately stop the harassment, remedy the harassment, and prevent recurrence.

Carmel Clay Schools will investigate formal and informal complaints of disability discrimination and harassment. Carmel Clay Schools will take all reasonable steps to investigate and respond to the complaint in a manner consistent with a request for confidentiality from the alleged target of the harassment. If the alleged target insists that his or her name not be disclosed to the harasser, the School’s ability to respond may be limited. Carmel Clay Schools, however, will consider at all times its responsibility to provide a safe and nondiscriminatory environment for students and staff.

Harassment Form

This form should be filed with the appropriate non-discrimination and anti-harassment coordinator.
The coordinators shall receive and process formal complaints of discrimination or harassment based on a protected class. All investigations into formal harassment complaints will be prompt, thorough, and impartial. Notice of the outcome of the investigation will be provided to parties involved in the complaint to the extent permitted by law. A formal investigation outcome may be appealed by any party in writing to the coordinator within ten (10) days receipt of the outcome of the formal investigation. The written appeal should identify the reasons why the coordinator should reconsider the outcome of the investigation. The coordinator should respond to the appealing party within ten (10) days of receipt of the written appeal indicating any reconsideration of the investigation outcome based on the appeal. A reconsideration of the formal investigation outcome may be appealed by any party in writing to the School’s governing body within ten (10) days of receipt of the coordinator’s reconsideration. The governing body or their designee should respond to the appealing party within forty-five (45) days of receipt of the written appeal indicating the final outcome of the investigation. Notice of the final outcome of the investigation will be provided to parties involved in the complaint to the extent permitted by law.

All investigations into harassment complaints will be prompt, thorough, and impartial. The means of investigating discrimination and harassment will include but not be limited to: witness interviews and interviews with the reporter of the allegations, the alleged victim, and the alleged harasser; request for written witness statements; record identification and review; assessment of whether discrimination or harassment occurred; and, if discrimination or harassment is substantiated, an assessment of how to appropriately stop the harassment, remedy the harassment, and prevent recurrence.

Carmel Clay Schools prohibits retaliation against persons who report discrimination or harassment or participate in related proceedings. Carmel Clay Schools will notify the person reporting the discrimination or harassment and all individuals participating in the investigation, including the alleged harasser, of the School’s policy prohibiting retaliation. Carmel Clay Schools will make all possible efforts to prevent retaliation against individuals reporting discrimination or harassment or participating in related proceedings.

In the course of discrimination and harassment investigations, Carmel Clay Schools will assess whether the nature of the conduct has civil rights implications. If the harassing behavior is on the basis of a protected class including but not limited to race, color, national origin, gender, age, religion, or disability, Carmel Clay Schools will respond in accordance with the applicable federal civil rights statutes, regulations, and guidance from the United States Department of Education (“USDOE”). Carmel Clay Schools shall follow the then current guidance from the USDOE regarding the standards for discrimination and harassment including the standard of whether a hostile work environment exists. 

 

If harassment has occurred, Carmel Clay Schools will take prompt and effective steps reasonably calculated to stop the harassment, remedy the harassment, and prevent the harassment from recurring. This may include, but is not limited to: separating the harasser and the target, providing counseling for the target and/or harasser, or taking prompt disciplinary action against the harasser. These steps should not penalize the target of the harassment.

 

As described in policy 3139, disciplinary action against the harasser may include but not be limited to suspension and expulsion for students, discharge for employees, exclusion for parents, guests, volunteers, and contractors, and removal from any office for governing body members. 

 

Following a substantiated discrimination or harassment incident, Carmel Clay Schools shall make sure the target knows how to report subsequent problems and shall follow-up to ensure that there have not been continuing or new incidents of discrimination or harassment.

 

Incidents of harassment may be referred to appropriate law enforcement officials.

 

Carmel Clay Schools encourages students, parents and staff to work together to prevent acts of harassment of any kind including but not limited to bullying.

 

Overall, the Carmel Clay Schools process will provide for prompt and equitable resolution of complaints of discrimination and harassment.

 

Prohibition Against Retaliation

Carmel Clay Schools prohibits retaliation against persons who report discrimination or harassment or participate in related proceedings. Carmel Clay Schools will notify the person reporting the discrimination or harassment and all individuals participating in the investigation of the School’s policy prohibiting retaliation. Carmel Clay Schools will make all possible efforts to prevent retaliation against individuals reporting discrimination or harassment or participating in related proceedings.

 

NOTE: Sexual conduct/relationships with students by Corporation employee or any other adult member of the School Corporation community is prohibited, and any teacher, administrator, coach or other school authority, or staff member who engages in certain sexual conduct with a student may be disciplined up to and including termination and may also be guilty of the criminal charge of "sexual battery" as set forth in Indiana Code 35-42-4-8. In the case of a child under fourteen (14) years of age, the person may also be guilty of "child molesting" under Indiana Code 35-42-4-3. In the case of a child between the ages of fourteen (14) and sixteen (16), the person may also be guilty of "sexual misconduct with a minor" under Indiana Code 35-42-4-9. The issue of consent is irrelevant in regard to the latter two (2) criminal charges. Any employee accused of sexual relations with a student will be placed on leave with pay until school administrative proceedings are completed. Proven sexual relationships with a student regardless of the age of the student will initiate the termination process for the employee.

The Superintendent shall establish administrative guidelines further describing the formal and informal process for making a charge of harassment, the process for investigating claims of harassment, and the process for rendering a decision regarding whether the claim of harassment was substantiated. This policy and the administrative guidelines will be readily available to all members of the School Corporation community and posted in appropriate places throughout the School Corporation.

 
 Reviewed 5/20/13