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DISCRIMINATORY HARASSMENT AND RETALIATION

Byng Public Schools is committed to providing a workplace and learning environment free from discriminatory harassment. The District prohibits harassment by students and employees, including volunteers, of any person based upon race, color, sex, national origin, religion, disability, veteran status, sexual orientation, or age.

For purposes of this policy, discriminatory harassment of a student includes any verbal, written or graphic expression or physical conduct relating to the individual’s race, color, sex, national origin, religion, disability, veteran status, sexual orientation or age, when:

1. the discriminatory harassment is sufficiently severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive educational environment;

2. the discriminatory harassment has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or

3. the discriminatory harassment otherwise adversely affects an individual’s learning opportunities.

In determining whether alleged conduct constitutes a violation of this policy, the District will consider the surrounding circumstances, the nature of the behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all of the facts and surrounding circumstances.

Discriminatory harassment may include, but is not limited to:

1. intimidation and implied or overt threats of physical violence motivated by race, color, sex, national origin, religion, disability, veteran status, sexual orientation or age;

2. physical acts of aggression or assault upon another or damage to the property of another that is motivated by race, color, sex, national origin, religion, disability, veteran status, sexual orientation or age;

3. threatening or intimidating conduct directed at another because of race, color, sex, national origin, religion, disability, veteran status, sexual orientation or age;

4. demeaning jokes, taunting, slurs, derogatory names, innuendos or other negative or derogatory remarks relating to race, sex, national origin, religion, disability, veteran status, sexual orientation or age;

5. graffiti, slogans or visual displays, such as cartoons, posters or computer images, which depict slurs or derogatory sentiments or images relating to race, sex, national origin, religion, disability, veteran status, sexual orientation or age;

6. criminal offenses directed at persons because of their race, color, sex, national origin, religion, disability, veteran status, sexual orientation or age; and

7. unwelcome sexual advances, requests for sexual favors and other unwelcome verbal, written or graphic expression or physical conduct of a sexual nature by any person towards a student or conduct that denies or limits, on the basis of sex, a student's ability to participate in or to receive benefits, services or opportunities in the District's programs or activities.

The District also prohibits retaliation, intimidation, threats, or coercion of any person for opposing discrimination or for participating in the District’s discrimination complaint process or making a complaint, testifying, assisting, appealing, or participating in any other discrimination complaint proceeding or hearing. The District will take steps to prevent the alleged perpetrator or anyone else at the District from retaliating against the alleged victim or any person who acts to oppose discrimination or participates in the complaint process. These steps include notifying students and employees that they are protected from retaliation, making sure that victims know how to report future problems and making follow-up inquiries to see if there have been any new incidents. If retaliation occurs, the District will take strong responsive action.

All employees are expected to take appropriate measures to prevent discriminatory harassment and retaliation by others. Employees who believe they are being harassed or retaliated against or who witness or otherwise become aware of potential harassment or retaliation must promptly report the offending conduct so that it can be stopped.

All Byng Public Schools employees, including but not limited to staff, supervisors, senior officials and volunteers, are required to comply with this policy. Employees who violate this policy are subject to disciplinary action, up to and including termination. Students who violate this policy are subject to disciplinary action in accordance with the District’s code of student conduct.