SERIES 5000: STUDENTS, CURRICULUM, AND ACADEMIC MATTERS
5200 Student Rights
5202 Unlawful Discrimination, Harassment, and Retaliation Against Students
The District prohibits unlawful discrimination. For purposes of this Policy, “unlawful discrimination” includes unlawful harassment and retaliation, unless specifically stated otherwise. The District will investigate all allegations of unlawful discrimination and will take appropriate action, including discipline, against any person who, following an investigation, is determined to have engaged in unlawful discrimination.
This Policy applies to student-to-student conduct and staff-to-student conduct. See Policy 4102 for District personnel harassment.
Complaints alleging Title IX sexual harassment (staff-to-staff, staff-to-student, student-to-student, or student-to-staff) are governed by Policy 3118.
This Policy applies to all conduct occurring on school property, including in a classroom, elsewhere on school premises, on a school bus or other school related vehicle, at a school-sponsored activity or event whether or not it is held on school premises, or conduct with a direct nexus to school.
The District will comply with all applicable state and federal laws related to unlawful discrimination.
A. Student Handbooks
The Superintendent or designee will include in student handbooks a statement explaining the District’s policy against unlawful discrimination, including unlawful harassment and retaliation. This statement must include an explanation of types of unlawful discrimination, examples of harassment, reporting requirements, and consequences as described in this Policy.
B. Types of Unlawful Harassment
“Unlawful harassment” is verbal, written, or physical conduct that denigrates or shows hostility or aversion toward a student because of the student’s race, color, religion, sex (including pregnancy, gender identity, or sexual orientation), national origin, disability, or any other legally protected class that has the purpose or effect of:
- creating an intimidating, hostile, or offensive environment; or
- unreasonably interfering with the student’s ability to benefit from the District’s educational programs or activities.
Race, color, and national origin harassment is prohibited by Title VI of the Civil Rights Act of 1964 and the Michigan Elliott-Larsen Civil Rights Act. Race, color, and national origin harassment is unwelcome conduct based on a student’s actual or perceived race, color, or national origin. Race, color, and national origin harassment can take many forms, including slurs, taunts, stereotypes, or name-calling, as well as racially motivated physical threats, attacks, or other hateful conduct. Under this Policy, harassment based on ethnicity, ancestry, or perceived ancestral, ethnic, or religious characteristics, will be considered race, color, and national origin harassment.
Disability harassment is prohibited by the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Michigan Persons with Disabilities Civil Rights Act. Disability harassment is unwelcome conduct based on a student’s actual or perceived disability. Disability harassment can take many forms, including slurs, taunts, stereotypes, or name-calling, as well as disability motivated physical threats, attacks, or other hateful conduct.
Sex-based harassment is prohibited by Title IX of the Education Amendments of 1972 and the Michigan Elliott-Larsen Civil Rights Act. For the definition of sexual harassment under Title IX, see Policy 3118. Sex-based harassment prohibited by this Policy includes harassment based on gender identity or sexual orientation. This Policy also prohibits harassment of a sexual nature that does not rise to the level of Title IX sexual harassment, as defined in Policy 3118.
C. Reporting Requirements
District personnel must immediately report incidents of alleged unlawful discrimination, including incidents that District personnel witness or about which they receive reports or information, regardless of whether the incidents are verbal, visual, or physical, and whether the incidents also constitute harassment, bullying, or hazing.
District personnel who witness an act of unlawful discrimination must intervene immediately, unless circumstances would make intervention dangerous. A person who is unable to intervene should promptly attempt to find another person who is able to intervene, contact a building administrator, or contact law enforcement, as the situation requires.
Any student who witnesses an act of unlawful discrimination is encouraged to report it to District personnel. No student will be retaliated against based on any report of suspected unlawful discrimination. A student may also anonymously report an incident of unlawful discrimination. The District will investigate anonymous reports pursuant to its investigation procedures described below.
Minor students do not need parent/guardian permission to file complaints or participate in the formal complaint resolution process described below.
D. How to Report Unlawful Discrimination
If you or someone you know has been the victim of unlawful sex-based discrimination, you may file a report with any District employee or with the Title IX Coordinator:
Superintendent
1696 VanBuren Road, Reese, MI 48757
989-868-9864
Formal Complaints of Title IX Sexual Harassment must be filed with the Title IX Coordinator. For information on the District’s Title IX Sexual Harassment Grievance Process, see Policy 3118.
If you or someone you know has been the victim of disability-based discrimination, you may file a complaint with:
6-12 Assistant Principal
1696 VanBuren Road, Reese, MI 48757
989-868-4191
If you or someone you know has been the victim of any other type of unlawful discrimination, including unlawful conduct based on race, color, or national origin, you may file a complaint with:
Superintendent
1696 VanBuren Road, Reese, MI 48757
989-868-9864 x2223
A report of unlawful discrimination may be made verbally or in writing.
The coordinators identified above will document all unlawful discrimination reports, as well as any incidents they personally observe. The District will retain this documentation in accordance with applicable record retention requirements.
E. Complaint Process
Any person who has been the victim of unlawful discrimination or any person who has witnessed an incident of unlawful discrimination may make a complaint at any time. District personnel who receive a complaint of unlawful discrimination must immediately document the reported incident and notify the appropriate coordinator identified above by the end of the next school day.
F. Investigation Timelines
The District will initiate an investigation within 5 school days after receiving a complaint of unlawful discrimination. In most cases, an investigation will be completed within 20 school days.
The District will attempt to comply with all law enforcement requests for cooperation. In some circumstances, compliance with law enforcement requests may require the District to briefly suspend its investigation. The District will promptly resume its investigation as soon as it is notified by the law enforcement agency that the law enforcement agency has completed its evidence gathering process. This delay should not exceed 10 school days. If the District’s investigation is suspended, interim steps will be taken to provide for the safety of the alleged victim or victims and the school community and to avoid potential retaliation. Those steps may include suspending the alleged perpetrator from work or school until the investigation is complete. If the law enforcement agency does not notify the District within 10 school days that the investigation may resume, the District will notify the law enforcement agency that the District intends to promptly resume its investigation.
Within 5 school days after completing the investigation, the District will separately notify, in writing, the alleged victim and the alleged perpetrator of the investigation’s outcome. Any disciplinary action against the alleged perpetrator will be implemented in accordance with the due process standards contained within Policy 5206.
An alleged victim of unlawful discrimination may present new evidence at any time.
An alleged perpetrator’s status as a student with a disability will not affect the
G. District’s obligation to protect the alleged victim during and after an investigation.
Investigation Procedures
The District will use the following procedures when initiating and conducting investigations of unlawful discrimination:
- Any written or verbal report of unlawful discrimination or harassment, including anonymous written or verbal reports, will be promptly addressed and investigated.
2. The District will assure the alleged victim that:
a. the complaint will be fully investigated;
b. the alleged victim’s identity will be kept confidential during the investigation, to the extent possible;
c. the alleged victim will not be retaliated against by the District; and
d. the District will enforce its non-retaliation policy.
3. The District will take preventative measures to ensure that others, including the alleged perpetrator, do not retaliate against the alleged victim during or after the investigation.
4. The District will notify the alleged victim that the victim will not be required to confront the alleged perpetrator during the investigation, that steps will be taken to immediately ensure that the alleged conduct does not continue, and that retaliation is prohibited.
5. The District will interview any witnesses identified by the alleged victim and the alleged perpetrator. All witnesses will be assured that their identities will be kept confidential during the investigation, to the extent both possible and practical, and that retaliation is prohibited.
6.The District will implement individualized interim measures during the investigation to ensure that any unlawful conduct does not continue. Interim measures may include, but are not limited to, temporary schedule changes, no-contact directives, short-term suspensions, changes to class schedules or lockers, and student escorts.
7. The District will take action to end unlawful discrimination, including monitoring that the conduct does not reoccur and modifying responses if the unlawful discrimination does reoccur.
8. If the alleged victim is a minor student, the District will notify the student’s parent/guardian of the complaint. The parent/guardian will be informed of the investigation’s status, as appropriate.
9. Unless otherwise required by law, if an alleged victim has been discriminated against or harassed based on sexual orientation, gender identity, or non-compliance with gender stereotypes, the District will first consult with the student to determine an appropriate method of notifying the student’s parent/guardian of the complaint.
10. All documentation, including witness statements, must be kept with the complaint and reports.
11. The District will use the preponderance of the evidence standard as the appropriate standard to substantiate allegations of unlawful discrimination.
12. If the District determines that a school official’s impartiality has been compromised during the investigation process, that school official will be removed from the investigation and have no further involvement.
13. If an alleged victim requests complete confidentiality or asks that the complaint not be pursued, the District will take all reasonable steps to investigate and respond to the complaint consistent with the alleged victim’s request. If an alleged victim insists that the victim’s name or other identifying information not be disclosed to the alleged perpetrator, the appropriate coordinator or designee will notify the alleged victim that the District’s ability to investigate and respond to the complaint may be limited.
H. Remedies
The District will take appropriate and effective measures to promptly remedy effects of unlawful discrimination. Appropriate remedies will be based on the circumstances and may include, but are not limited to:
- providing an escort to ensure that the victim can safely attend classes and school activities;
- providing the victim with school-based counseling services;
- providing the victim with academic support services, such as tutoring;
- rearranging course schedules, to the extent practicable, to minimize contact between the victim and perpetrator;
- moving the victim’s or the perpetrator’s locker;
- issuing a “no contact” directive to the perpetrator; or
- imposing discipline, up to and including suspension or expulsion, consistent with Policy 5206 and the student code of conduct.
Whenever possible, the District will strive to ensure that the victim’s academic and other school-related schedules remain intact.
These remedies may also be available to any other student who is or was affected by unlawful discrimination.
The applicable coordinator should also consider whether broader remedies are
required, which may include, but are not limited to:
- assemblies reminding students and staff of their obligations under this Policy
- and applicable handbooks;
- additional staff training;
- a climate survey; or letters to students, staff, and parents/guardians reminding them of their obligations under this Policy and applicable handbooks.
If the alleged victim is a student with a disability, the Superintendent or designee will convene an IEP or Section 504 Team meeting to determine if additional or different programs, services, accommodations, or supports are required to ensure that the alleged victim continues to receive a free appropriate public education.
I. Investigation Report
After the investigation concludes, the appropriate coordinator or designee will create an investigation report. The report must include the following information:
- the alleged victim’s name, a description, or identifying information;
- the alleged victim’s relevant protected class(es)
- the name, a description, or identifying information about the person making the report, if not the alleged victim;
- the protected class(es) of the person making the report, if not the alleged victim;
- the nature of the allegation, a description of the alleged incident(s), and the date and time (if known) of the alleged incident(s);
- the name(s) and protected classes of all persons alleged to have committed the unlawful discrimination, if known, or a description/identifying information available if the name is not known;
- the name(s) or description/identifying information and protected classes of all known witnesses to the alleged incident;
- any written statement of the person making the report, the alleged victim (if different than the reporter), the alleged perpetrator(s), and any known witnesses;
- the applicable standard of evidence, conclusion, and recommendations; and
- the response by District personnel, including the date any incident was reported to law enforcement.
J. Filing a False Report
Any person who knowingly or maliciously files a false report of unlawful discrimination will be subject to discipline, up to and including expulsion.
K. Retaliation
Retaliation against a person who reports unlawful discrimination is prohibited. Any person who retaliates against a person who reports suspected unlawful discrimination will be disciplined in accordance with Policy 5206. This prohibition against retaliation also applies to retaliation against people who participate in or cooperate with an investigation related to a complaint.
L. Office for Civil Rights
Any person who believes that he or she was the victim of unlawful discrimination may file a complaint with the Office for Civil Rights (OCR) at any time:
U.S. Department of Education
Office for Civil Rights
1350 Euclid Avenue, Suite 325
Cleveland, Ohio 44115
Phone: (216) 522-4970
E-mail: OCR.Cleveland@ed.gov
This complaint may be filed before, during, or after filing a complaint with the District. A person may forego filing a complaint with the District and instead file a complaint directly with OCR. The District recommends that a person who has been subjected to unlawful discrimination also file a complaint with the District to ensure that the District is able to take steps to prevent any further harassment and to discipline the alleged perpetrator, if necessary. OCR does not serve as an appellate body for District decisions. An investigation by OCR will occur separately from any District investigation.
M. Appeal Process
An alleged victim or alleged perpetrator may appeal the written investigation findings and conclusions to Board President within 5 business days of receipt. Upon receipt of an appeal, the Board President or designee will review the investigation report, may contact additional witnesses, may consider all additional evidence, and may re-interview any witnesses. The Board President will then notify the parties in writing of the decision. The Board President or designee is not required to give deference to the investigation report and may consider any new, previously unavailable evidence in evaluating the appeal.
N. Training
The District will provide to District personnel training on responding to and investigating unlawful discrimination. This training is mandatory for all District personnel responsible for implementing and enforcing anti-discrimination and anti-harassment laws and related policies and procedures. The Superintendent or designee will ensure that District personnel are notified of mandatory training sessions.
Legal authority: 20 USC 1400 et seq., 1681 et seq.; 29 USC 206 et seq., 621 et seq., 701 et seq., 794, 2601 et seq., 6101 et seq.; 38 USC 4301 et seq.; 42 USC 1983, 2000d et seq., 2000e et seq., 2000ff et seq., 6101 et seq., 12101 et seq.; 29 CFR 1604.1 et seq., 1635; 34 CFR 106.8, 106.9; MCL 37.1101 et seq., 37.2101 et seq.
Date adopted: 08/09/21
Date revised: 10/16/23
