General School Administration
School Councils
The Education Act of 1993 (Section 53 of Chapter 71) calls for the establishment of a school council in each school to serve as an advisory board to the principal.
The Sutton School Committee believes successful school improvement is best accomplished through an school‑centered decision-making process. When decisions are made by those directly affected; people are more committed to implementing the decisions.
Under this policy the principal retains the right and has the main responsibility to manage the schools.
Role of the school council is to:
Identify the educational needs of students attending the school,
Review the district learning teams District Improvement Plan,
Adopt educational goals for the school,
Review the school building budget,
Formulate a School Improvement Plan, and
Submit the School Improvement Plan to the school committee for review and approval each year.
School Council Composition
The principal shall determine the composition of the school council within the following guidelines:
The school council shall be broadly representative of the school population and the community at large. The school principal shall serve on the council.
The school council shall have members apportioned as follows:
The number of parents and the number of educational personnel shall be equal,
There shall be a minimum of two parents on the council,
There shall be a minimum of one high school student,
There shall be at least one member of the council who is neither a parent, teacher, student, nor staff member of that school.
The principal shall advise the superintendent of the membership of their council at the start of the school year.
School Council Selection/Appointment
The principal shall be a member of the school council. Teachers on the school council shall be nominated and elected from the building membership. Parents of students attending the school shall be nominated through notices sent home or at a parent meeting or open house.
Election shall be held either at open house or through a school wide mailing. Students at the high school shall nominate and elect from their membership. The community representative shall be an individual who may nominate himself/herself or may be recruited by the principal. Principals shall delineate a representative process used in electing new council members and shall submit it to the superintendent and School committee for approval.
Term of Office
The school council at the initial organizational meeting will determine the term of office for members.
Meeting Procedures
The principal shall serve as co‑chair of the council. The second co‑chair shall be elected annually from within the council membership by a majority of council members present at the first meeting of the school year. The co‑chairs will be responsible for setting the agenda for each meeting, to keep the school council focused, and to call for consensus or majority vote when decisions are necessary.
At its first meeting of the school year, the council will set its calendar of regular meetings for the year. All meetings of the school council shall conform to the Open Meeting Law, Section 23 A, B, and C, which stipulates that all meetings be open to the public, that meetings be posted at least 48 hours in advance and that minutes be taken at each meeting. The scope of the school council does not require, and therefore does not qualify for, executive session. Official records of each meeting shall be kept at each school.
Operational Guidelines
The principal shall submit operational guidelines to the superintendent and the school committee for their information. These guidelines may include but not be limited to the following: membership, meeting frequency, subcommittee structure, internal operations, decision‑making, minutes, agenda, term limits, etc.,
School Improvement Plan
A written school improvement plan shall be submitted by the principal to the superintendent and the school committee for review and approval by May 15th of each year. Budget requirements for the School Improvement Plan shall be included in the normal building budget cycle and be part of the discussion by principals at the budget hearings. The school council shall be required to present their plan at a school committee meeting within 30 days after the plan is submitted.
The elements of the school improvement plan may include some or all of the identified areas in the Education Reform Act. To gain school committee approval, a school improvement plan must:
Align with the mission of the school district and the goals and policies of the school district,
Follow the format of the District Improvement Plan,
State and develop goals that support the implementation and attainment of the district goals,
Utilize a continuous improvement format that incorporates the Baldrige principles,
Focus on improvement of student learning,
Specify the expected student outcomes and the measurable/observable results,
Be consistent with state and federal laws,
Have a foundation in educational research,
Clearly identify actions to be taken and how the changes will be implemented,
Be developed in consultation with school staff and others in the school/community who are affected by the plan,
Indicate anticipated costs and available funding sources, and
Establish a method of evaluating and reporting progress and results.
The school improvement plan shall be communicated to each school community. Principals shall work with grade level teams and/or departments to develop an implementation plan specific to the grade level and/or department to accomplish the goals set forth in the improvement plan.
The school committee will approve or disapprove the plan within 30 days of receipt. If the superintendent and school committee do not approve the school improvement plan, it shall be returned to the principal with specific comments as to the reason(s). The principal shall revise the plan in cooperation with the school council and submit it for approval. If the school committee does not review the school improvement plan within 30 days of receipt the plan shall be deemed to have been approved.
Adopted January 3, 2000
RIGHTS OF NON-CUSTODIAL PARENTS
It is the policy of the Sutton School Committee to comply with all applicable laws and regulations. As required by Massachusetts General Laws, Chapter 71, Section 34H, a non-custodial parent may have access to the student records of their child(ren) in accordance with the regulations promulgated by the Department of Education at 603 CMR 23.07.
The Superintendent or his/her designee shall develop and maintain written procedures to ensure compliance with the regulations. These procedures shall document the steps taken to protect the rights of all parties, including (but not limited to) initial and annual determination that the non-custodial parent is eligible to obtain access to the student record, required notification to the custodial parent, the privacy of the student and custodial parent, and timely access to records by an eligible non-custodial parent.
It is the intent of this policy to protect the rights of all parties in a way that will encourage parents to be involved in and informed about the education of their children.
Adopted, April 28, 2003
DIStribution of Notices
The Sutton School System shall permit the distribution, via the students, of non‑profit public service notices originating outside the school system.
The following procedures shall be adhered to:
The principal shall approve all notices for distribution,
All notices approved for distribution shall be delivered to the school in packets of 30 or a quantity as specified by the principal,
To insure proper distribution, all notices should be received five (5) days prior to the request of distribution, or up to the principal's discretion,
Notices originating from any town board, appointed or elected, shall be permitted,
Notices originating from the local parent group shall be permitted,
Notices originating from non‑profit organizations of the town, such as baseball leagues, soccer leagues, Boy Scouts, Girl Scouts, and Campfire shall be permitted, provided such notices are directed to the general public and/or the children of the local town,
Notices favoring private enterprise without materially aiding the sponsoring non‑profit organization shall not be permitted,
Any questions regarding the interpretation of the above regulations shall be referred to the superintendent of schools.
Adopted November 1996
Public schools have the responsibility to overcome, insofar as possible, any barriers that prevent children from achieving their potential. The public school system will do its part. This commitment to the community is affirmed in the following statements of school committee intent to:
The committee's policy of nondiscrimination will extend to students, staff, the general public, and individuals with whom it does business; and will apply to race, national background, religion, sex, economic status, political party, age, handicap, and other human differences.
Title 11 of the Americans with Disabilities Act of 1992 requires that no qualified individual with a disability shall, because the district's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, and activities of the district or be subject to discrimination. Nor shall the district exclude or otherwise deny services, programs, or activities to an individual because of the known disability of a person with whom the individual is known to have a relationship or association.
Definition
A "qualified individual with a disability" is an individual with a disability, who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, transportation barriers, the provision of auxiliary aids and services, meets essential eligibility requirements for the receipt of services and the participation in programs or activities provided by the district.
Reasonable Modification
The district shall make reasonable modification in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the district can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.
Communications
The district shall take the appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. To this end, the district shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability and equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the district. In determining what type of auxiliary aid or service is necessary, the district shall give primary consideration to the requests of the individual with disabilities.
Auxiliary Aids and Services
"Auxiliary aids and services" includes (1) qualified interpreters, note takers, transcription services, written materials, assisting listening systems, and other effective methods for making aurally delivered materials available to individuals with hearing impairments; (2) qualified readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods for making visually delivered materials available to individuals with visual impairments; (3) acquisition or modifications of equipment or devices and (4) other similar services and actions.
Limits of Required Modification
The district is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, activity, or incur undue financial and administrative burdens. Any decision that, in compliance with its responsibility to provide effective communication for individuals with disabilities, would fundamentally alter the service, program, or activity or unduly burden the district shall be made by the school committee after considering all resources available for use in funding and operating the program, service, or activity. A written statement of the reason for reaching the conclusion shall accompany the decision.
Notice
The superintendent shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Title H of the Americans With
Disabilities Act (ADA) and its applicability to the services, programs, or activities of the district. The information shall be made available in such a manner as the school committee
and superintendent finds necessary to apprise such persons of the protection against discrimination assured them by the ADA.
Compliance Coordinator
The superintendent shall designate at least one employee to coordinate the school department’s efforts to comply with and carry out its responsibilities under Title H of ADA, including any investigation of any complaint communicated to it alleging its noncompliance or alleging any actions that would be prohibited under ADA. The district shall make available to all interested individuals the name, office address, and telephone number of the employee(s) so designated and shall adopt and publish procedures for the prompt and equitable resolution of complaints alleging any action that would be prohibited under ADA. The school system receives federal financial assistance and must comply with the above requirements. Additionally, the school committee is of the general view that:
The school committee, in accordance with Title IX of the Education Amendments of 1972, declares that the school system does not and will not discriminate on the basis of sex in the educational programs and activities of the public schools. This policy will extend not only to students with regard to educational opportunities, but also to employees with regard to employment practices.
The school committee will continue to ensure fair and equitable educational and employment opportunities, without regard to sex, to all of its students and employees.
The committee designates the superintendent or superintendent's designee to act as the school system's Title IX compliance officer. All students and employees will be notified of the name and office address and telephone number of the compliance officer.
Adopted March 20, 2000
Overview
Section 504 of the Rehabilitation "Act of 1973” is a major federal legislation that impacts entities that receive federal funding, including local school districts. It is a civil rights law that is designed to protect disabled individuals from unlawful discrimination on the basis of their disability. The law states:
No otherwise qualified individual with a disability in the United States, as defined in Section 705(20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance…
Under Section 504, a person is disabled if that person
1. Has a physical or mental impairment which substantially limits one or more of such person’s major life activities,
2. Has a record of such an impairment, or
3. Is regarded as having such impairment.
Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks. Impairment need only substantially limit one major life activity to be considered a disability under Section 504.
A qualified handicapped individual means:
a) Of an age during which non-handicapped persons are provided such services, or
b) Of any age during which it is mandatory under state law to provide such services to handicapped persons, or
c) To which a state is required to provide a free appropriate public education under the Individuals With Disabilities Education Act (IDEA).
Chapter 766 in Massachusetts General Laws and the Individuals With Disabilities Education Act (IDEA), also deal with disabled students. To be eligible under these special education laws, a disability must be shown to cause the student to be performing unsatisfactorily in school. Under Section 504, no relationship to school performance is needed. An identified disability that substantially limits a major life activity is all that is needed in order for an individual to be protected under Section 504.
Students with disabilities who do not qualify under Chapter 766 or IDEA may qualify for accommodations under Section 504. If a student is thought to have a disability under Section 504, he or she will be evaluated to determine what, if any, reasonable accommodations are necessary to enable that student to access the educational opportunities available to non-disabled students. If accommodations will be extended, a plan will be developed documenting the presence of a disability that substantially limits a major life function and a statement of the accommodations that will be made.
Following is the policy of Sutton Public Schools with respect to Section 504, which incorporates the school district’s grievance procedures.
Policies and Procedures
Statement of Intent
It is the policy of Sutton Public Schools to comply with all the relevant and applicable provisions of Section 504. The Sutton Public Schools will not discriminate against its faculty, students, or parents on the basis of a person’s disability. The Sutton Public Schools also will make reasonable accommodations, wherever necessary, to afford opportunities for disabled individuals that are equal to those available to non-disabled individuals.
The Sutton Public Schools' policy of nondiscrimination applies to all personnel and employment practices (see ADA policies and practices) and all public preschool, elementary, and secondary programs and activities.
Access to Programs and Services
The Sutton Public Schools will periodically review its own policies, procedures, and practices with respect to location, identification, evaluation, programming and placement of students with disabilities, and with respect to its employment practices. To ensure access to programs and services Sutton will:
Undertake to identify and locate all disabled persons residing in the district who are not receiving a free and appropriate public education,
Notify disabled persons and their parents of Sutton's obligation under Section 504,
Provide special education and related services, and/or reasonable accommodations designed to provide a free appropriate education to disabled persons as equally as to non‑disabled persons,
Offer educational plans and related services without cost to the disabled person or his/her parent or guardian, except for those needs that are imposed on non‑disabled persons or their parent or guardian,
Ensure that adequate transportation to and from a program outside of the school district is provided at no greater cost than would be incurred by the person or his or her parents or guardian if the person were in a program in the district,
Provide, where necessary, placements in public or private residential facilities including non‑medical care and room and board at no cost to the disabled person or his or her parents or guardian,
Ensure that no qualified disabled person is excluded from public elementary or secondary education,
Educate each disabled person to the maximum extent appropriate with persons who are not disabled. Where alternative settings are necessary to provide equally effective benefits, the proximity of the alternative setting will be taken into account,
Arrange for non‑academic and extracurricular services so that disabled persons are afforded access that is equal to access provided to non-disabled persons,
Ensure that any facility identified as being for disabled persons is comparable to the facilities, services, and activities in the Sutton Public Schools,
Conduct evaluation of any person, who because of a disability, needs or is believed to need reasonable accommodations, prior to initial placement or any substantial change in placement,
Use tests and other evaluation material validated for the purpose for which they are used and administered by trained personnel in conformance with instructions by their producer,
Use tests and other materials tailored to access specific areas of educational need and not merely to provide a single general intelligence quotient,
Ensure that students with impaired sensory, manual, or speaking skills are administered tests that accurately reflect the student’s aptitude or achievement level,
Make placement decisions based upon information from a variety of sources and by persons knowledgeable about the child,
Establish procedures to ensure that information from all sources is carefully considered and documented and that the student who is provided special education and related services is reevaluated periodically,
Provide non-academic and extracurricular services and activities in a manner that offers disabled persons an equal opportunity to participate in these services and activities, and
Provide disabled persons the opportunity to participate in any preschool or adult education program or activity offered with the Sutton Public Schools and provide reasonable accommodations, if necessary, to make such opportunity available.
No qualified individual with a disability shall, on the basis of such disability, be subject to discrimination in employment in any district program or activity.
No candidate for hiring shall be required to answer a question whether he or she has a disability, and no such candidate will be discriminated against on the basis of a disability that is not directly related to the essential functions of the positions for which he/she has applied. This stipulation does not prohibit the school district from making inquiry, where needed, on such things as the candidate’s ability to perform particular job related tasks, to ensure that a candidate is not afflicted with a currently contagious disease or infection which would constitute a direct threat to staff or students, or to determine if the applicant is a current user of drugs or alcohol whose current use would prevent the candidate from performing the essential functions of the job or would constitute a direct threat to the property or safety of others.
Any pre-employment medical examinations will be administered to all disabled and non-disabled candidates on an equal basis, and the results of such examinations will be treated in a confidential manner.
The school district will make reasonable accommodations to know the physical or mental limitations of an otherwise qualified applicant or employee unless the accommodation would impose an undue hardship. Employees who will require accommodations in order to perform the essential functions of their positions should make this information know to Dr. Kirsten Esposito, who will initiate an interactive process to discuss possible accommodations.
Administration and Implementation
Dr. Esposito is directly responsible for Section 504 for the Sutton Public Schools and has
the complete support of management in the implementation of this program. Dr. Esposito
will be responsible for the following functions:
Development of policy statements, guidelines, and internal and external communications about the requirements of the Section 504 and the district's compliance program,
Meeting with employees to discuss any problems or concerns that may arise in accommodating individuals with disabilities to ensure that the program is being followed,
Determining the need for remedial action and designing policies to correct deficiencies in the program, and
Serving as liaison between the Sutton Public Schools and enforcement agencies, persons with disabilities, and organizations representing individuals with disabilities.
Any person having inquiries concerning the Sutton Public Schools compliance with Section 504 is directed to contact: Dr. Kirsten Esposito, Director of Special Education, Sutton Elementary School, Sutton, Massachusetts 01590 (508) 581‑1615.
Dissemination of Policy
The following actions will be taken to ensure dissemination of information about the
Sutton Public Schools Section 504 Policy:
All employees will receive written notice,
Internal procedures to ensure dissemination will be developed, including training sessions and briefings on the program for all employees, and
This program or the pertinent parts of it will be printed in the Sutton Public Schools' policy and personnel manuals.
This program will be posted in a conspicuous place in school buildings.
This program will be available for inspection by employees and applicants during regular working hours. Announcements to this effect have been posted on each facility’s bulletin boards.
Internal Review Procedures
Any student or parent/guardian or current employee who believes that he or she has been discriminated against on the basis of disability has the opportunity to receive a hearing pursuant to the Sutton Public Schools’ grievance procedure, attached hereto.
No individual will be subject to coercion, intimidation, interference, retaliation, or other discrimination for registering a grievance or filing a complaint in any agency or court, or for assisting in the prosecution or investigation of such grievance or complaint.
SECTION 504 GRIEVANCE PROCEDURES
There will be two modes of resolution for grievances under this policy. A grievance may be settled through mediation (Informal Procedure) or through a hearing (Formal Procedure).
All matters concerning the complaint shall remain confidential to the extent practicable. At any point in this process, employees or students may elect to be represented by counsel or union advocates where applicable.
Retaliation due to the lodging of grievances is illegal and shall not be tolerated. Any individual who retaliates against any person because he/she has filed a complaint under this policy, or testified, assisted, or participated in an investigation, proceeding or hearing related to such a complaint will be subject to disciplinary action. Retaliation includes, but is not limited to, any form of intimidation, reprisal, harassment, or denial of an educational opportunity or assistance.
Informal Procedure
A student parent/guardian or employee who believes he/she has been discriminated against shall report such grievance to Beverly Brown, who is the investigating officer under this procedure. The investigating officer shall look at the totality of the circumstances and the context in which the alleged incident(s) occurred. The investigating officer shall confer with any party reasonably believed to have relevant information in order to obtain a clear understanding of the facts. The investigating officer shall then attempt to resolve the complaint through mediation.
If the complainant agrees to pursue mediation, a date mutually acceptable shall be set up within ten (10) working days of receipt of the grievance. If the mediation results in a mutually acceptable agreement, copies of the agreement shall be forwarded to the grievant, reviewed, signed, and implemented.
If the mediation does not result in a mutually acceptable agreement, or if the parties do no agree to mediation, the grievance shall be handled under the Formal Procedure.
Formal Procedure
The superintendent may be the hearing officer under this procedure or may appoint another individual to preside.
Under this procedure, the complainant shall submit to the superintendent a clear and concise written description of the alleged act(s) or discrimination and any remedy sought. The complainant must sign the grievance. If the complainant is unable to provide a written grievance, he or she may schedule an appointment with the superintendent, or his/her designee, at which the superintendent or designee will record time the complaint in writing.
The superintendent or designee will convene an investigation, and a hearing will be scheduled to take place within fourteen (14) days of the receipt of the formal grievance.
The complainant will be given an impartial and fair hearing. The proceeding, although formal, is not a court proceeding and the superintendent or her designee will not be bound by the procedures and rules of evidence of a court of law. In most instances, complainants and respondents will be expected to speak for themselves, although, if desired, an advocate at his/her own expense may accompany the complainant.
The superintendent, or designee, shall act as the presiding officer of the hearing and may have counsel present for the purpose of assisting in the orderly conduct of the hearing. The presiding officer shall:
a. Define issues of contention,
b. Provide a summary to the complainant, at least two (2) days before the hearing, of the facts elicited through the investigation of the grievance,
c. Be fair and impartial, ensuring the rights of all parties involved, and present relevant evidence,
d. Allow the complainant to present a brief opening statement,
e. Receive in an orderly way and consider all relevant evidence that reasonable people customarily rely upon in the conduct of serious business,
f. Allow each party to make a concluding statement to the hearing officer, and
g. Render a fair and impartial decision, with supporting reasons stated therein, no later than ten (10) working days after the conclusion of the hearing or, when written arguments are permitted, ten (10) working days after their submission.
If, upon receipt of the hearing officer’s decision, the complainant remains dissatisfied, further appeal may be taken. In the case of a student to: The Office of Civil Rights, United States Department of Education, John McCormack Post Office and Courthouse, Room 701, Boston, Massachusetts 02109, or the Bureau of Special Education Appeals, 350 Main Street, Malden, Massachusetts 02148,and in the case of an employee to: Massachusetts Commission Against Discrimination, One Ashburton Place, 6th Floor, Boston, Massachusetts 02108, or The Equal Employment Opportunity Commission, One Congress Street, Room 1001, Boston, Massachusetts 02114.
A complaint alleging a violation of the policy or law, which occurs after November 5, 2002, must be filed with these agencies within 300 days of the last act of discrimination. In certain limited cases, action of a continuing nature or action, which is also subject to a pending grievance, may be filed with these agencies after the expiration of the aforesaid 300-day period.
Legal Review Completed March 25, 2003
Adopted, June 16, 2003
INAPPROPRIATE BEHAVIOR OF A SEXUAL NATURE AND SEXUAL HARASSMENT
INTRODUCTION
The Sutton Public Schools are committed to providing faculty, staff, and students with an environment free from inappropriate behavior of a sexual nature and sexual harassment. All persons associated with the school system including, but not limited to, the school committee, school councils, the administration, the staff, and the students are expected to comply with this policy and conduct themselves appropriately. As a result, this policy is adopted pursuant to Massachusetts General Laws (M.G.L.) Chapter 151B Section 3A.
Any person who engages in sexual harassment or inappropriate behavior of a sexual nature while acting as a member of the school community will be in violation of this policy and subject to disciplinary action or legal action pursuant to M.G.L., Title V11 of the Civil Rights Act of 1964, or other appropriate law. Such legal action may result in personal liability for the perpetrator or one who aids and abets the perpetrator.
Any disciplinary action taken as a result of such violation(s) will be consistent with the requirements of applicable collective bargaining agreements, federal and state law, and school committee policies. Disciplinary action involving employees may include, but is not limited to, any one or a combination of the following: verbal admonition, written warning placed in the respondent's personnel file or student record, probation, suspension without pay, demotion, removal from administrative duties within a department or dismissal. Students may be subject to suspension or expulsion proceedings following a finding that a violation of this policy has occurred. The committee or administration may also make appropriate recommendations, such as professional counseling, and may recommend relief for the complainant which reinstates and restores, as much as practicable, the aggrieved party.
The school committee recognizes the need to develop a full understanding for our staff and students of the impact of sexual harassment and associated inappropriate behavior. The school community, therefore, shall provide mandatory awareness training on these subjects to all members of the Sutton School System.
Retaliation against a complaint is unlawful and will not be tolerated.
“Sexual harassment”, as defined by M.G.L. Chapter 151B, Section 1, paragraph 18, shall mean sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests, or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating, or sexually offensive work environment. Discrimination on the basis of sex shall include, but not be limited to sexual harassment.
Behavior of a sexual nature within the school system is considered inappropriate, and may constitute sexual harassment. Persons engaging in such behavior shall be subject to disciplinary action. Such inappropriate behaviors, which may also constitute sexual harassment, include but are not limited to:
Subtle or overt pressure for sexual activity,
Any sexually motivated touching or inappropriate patting, pinching, or other physical contact including intentional brushing against a person’s body,
Displaying sexually suggestive computer images or computer print/photos, email or other computer generated materials, pictures, objects, cartoons, posters, or other inappropriate materials, pornographic or otherwise, as contrasted with materials which are used in an appropriate fashion as part of the curriculum for a particular course of study, or
Sexual epithets, remarks, gossip, comments, suggestions, requests or demands for sex or sexual activities, or jokes.
Any member of the school community (particularly students) who believes that he/she has been subjected to such inappropriate behavior or sexual harassment shall report the incident(s) to a teacher, counselor, school nurse, administrator, or Superintendent, Beverly Brown, Boston Road, Sutton, MA (508) 865‑9270. Any employee who receives such complaint or otherwise becomes aware of such inappropriate behavior or sexual harassment shall report the incident to Superintendent Beverly Brown, Boston Road, Sutton MA (508) 865‑9270. In the event that a complaint involves the building principal, the superintendent shall be notified. If the complaint involves the superintendent, the chairman of the school committee shall be notified. Additionally, the Districts Title IX Coordinator is Carol McMahon, who may be reached at (508) 581-1620.
Failure of an employee who is aware but who is not a victim of harassment to make such a report may subject the employee to disciplinary action or liability under M.G.L. Chapter 151B as an aider and abettor.
All complaints must be investigated.
There will be two modes of resolution for complaints under this policy. A complaint may be settled through mediation (informal procedure) or through a hearing (formal procedure). Immediate steps may be taken to protect the complainant pending completion of an investigation under either procedure.
All matters concerning the complaint shall remain confidential to the extent practicable. At any point in this process, employees or students may elect to be represented by counsel or union advocates as this process may result in disciplinary action.
Retaliation due to complaints of sexual harassment or inappropriate behavior of a sexual nature is illegal and shall not be tolerated. Any individual who retaliates against any person because he/she filed a complaint under this policy, or testified, assisted, or participated in an investigation, proceeding, or hearing related to such a complaint will be subject to disciplinary action in accordance with any applicable collective agreement, federal and state law, and school committee policy. Retaliation includes, but is not limited to, any form of intimidation, reprisal, harassment, or denial of an educational opportunity or assistance.
INFORMAL PROCEDURE
The superintendent shall designate the appropriate building principal as the investigating officer under this procedure. If the building principal or other building administrator is the alleged perpetrator the superintendent shall be the investigating officer. If the superintendent is involved in the complaint, the chairman of the school committee shall be the investigating officer.
The investigating officer shall look at the totality of the circumstances and the context in which the alleged incident(s) occurred. The investigating officer shall confer with both parties in order to obtain a clear understanding of the facts. The investigating officer shall then attempt to resolve the complaint through mediation.
If the complainant and respondent agree to pursue mediation, a date mutually acceptable to both parties shall be set up within ten working days. If the mediation results in a mutually acceptable agreement, copies of the agreement shall be forwarded to both parties, reviewed, signed, and implemented.
If the mediation does not result in a mutually acceptable agreement, or if the parties do not agree to mediation, the complaint shall be handled under formal procedure.
The superintendent may be the hearing officer under this procedure or may appoint another individual to preside.
If the superintendent is involved in the complaint, the matter shall be forwarded to the school committee to convene a hearing consistent with these procedures.
A complainant may file with the superintendent a formal complaint immediately, or may do so after efforts to reach a settlement under a formal procedure have proven unsuccessful. The complainant shall state clearly and concisely in writing the description of the incident and any remedy sought. The complainant must sign the complaint. The superintendent shall send the respondent a copy of the complaint within two to four working days after it is received.
If the complainant elects to make an oral complaint to a teacher, counselor, school nurse, administrator, or the superintendent, the superintendent shall record the complaint in writing, concisely summarizing the allegations. Under non-emergency circumstances the superintendent shall forward it to the complainant who shall agree or disagree with the superintendent’s summary within forty-eight hours of its receipt. If the complainant does not respond within forty-eight hours the superintendent shall proceed on the basis that his or her summary is accurate. In any event, the superintendent may convene his or her investigation prior to the expiration of the aforementioned forty-eight hour time period.
The respondent shall have five working days to respond in writing. The response shall contain full and specific references to each claim in the complaint, admitting, denying, or explaining the complainants’ allegations. The respondent must sign his/her statement, which will then be appended to the original complaint. Within three working days, the superintendent shall forward both statements to the complainant and the respondent.
Both parties will be given a fair hearing, The proceeding, although formal, is not a court proceeding and the superintendent will not be bound by the procedures and rules of evidence of a court of law. In most instances, complainants and respondents will be expected to speak for themselves, although, if desired, an advocate may accompany each party.
The superintendent, or if the hearing is convened in front of the school committee, the chairman of the school committee, shall act as the presiding officer of the hearing, and may have counsel present for the purpose of assisting in the orderly conduct of the hearing. The presiding officer shall:
Read the charge(s) and ask the respondent to either admit or challenge the allegation(s) in an effort to define issues of contention,
Define issues of contention,
Be fair and impartial, ensuring the rights of all parties involved to present relevant evidence,
Accurately record the proceedings by means of a tape or stenographic recording,
Allow the complainant to present a brief opening statement, followed by the same from the respondent,
Receive in an orderly way and consider all relevant evidence that reasonable people customarily rely upon in the conduct of serious business,
Allow each party to make a concluding statement to the hearing officer, and
Render a fair and impartial decision based on the issues and evidence to both parties no later than ten working days after the conclusion of the hearing or, when written arguments are submitted, ten working days after their submission. The report to the complainant shall state whether any disciplinary action has been taken as a result of the complaint, but will not describe the discipline.
If the decision finds that the school system's policy on sexual harassment and inappropriate behavior of a sexual nature has been violated, disciplinary action shall be taken in accordance with any applicable collective bargaining agreement, federal and state law, and school committee policy. The penalty shall reflect the severity of the act. If the decision finds that the policy has not been violated, that fact shall be registered in the records of the hearing.
FILING SYSTEM
All written complaints, summaries, final reports, or decisions shall be maintained in files separate from the personnel files of the complainant and the alleged perpetrator. Final decisions, which result in the imposition of discipline, with supporting documentation, will be placed in the perpetrator’s personnel file.
FILING A COMPLAINT OF SEXUAL HARASSMENT WITH STATE AND FEDERAL AGENCIES
An individual who feels he or she has been sexually harassed may file a complaint with the Massachusetts Commission Against Discrimination at the following address:
Massachusetts Commission Against Discrimination
One Ashburton Place, 6th Floor
Boston, MA 02108
(617) 727‑3990
A complaint may also be filed with the Equal Employment Opportunity Commission at its area office:
Equal Employment Opportunity Commission
One Congress Street, Room 1001
Boston, MA 02114
(617) 565‑3200
A complaint alleging a violation of this policy or the law, which occurs after November 5, 2002, must be filed with these agencies within 300 days of the last act of sexual harassment. In certain limited cases, action of a continuing nature or action, which is also subject to a pending grievance, may be filed with these agencies after the expiration of the aforesaid 300-day period.
Adopted
April 28, 2003
COMMUNICABLE DISEASE AND SERIOUS ILLNESS
This policy has been developed by following guidelines recommended by the Governor’s Task Force on AIDS for school systems in Massachusetts.
All children diagnosed as having AIDS or with clinical evidence of infection with the AIDS associated virus, Human Immunodeficiency Virus (HIV), and receiving medical attention are able to attend regular classes.
If a child has cutaneous (skin) eruptions or weeping lesions that cannot be covered, he/she should not be in school.
If the child exhibits inappropriate behavior that increases the likelihood of transmission (i.e. biting or frequent incontinence,) she/he should not be in school.
Children diagnosed with AIDS or with clinical evidence of infection with the AIDS associated virus HIV, who are too ill to attend school, should have an appropriate alternative educational plan.
Siblings of children diagnosed as having AIDS or with clinical evidence of infection with the AIDS associated virus HIV are able to attend school without any further restrictions.
The child’s personal physician is the primary manager of the child diagnosed as having AIDS or with clinical evidence of infection with the AIDS associated virus HIV. Management includes acting as the “gate keeper” for the child’s attendance at school in accordance with the policy outlined above.
The child’s personal physician, after consultation with the family, is responsible for reporting cases of AIDS to the Massachusetts Department of Public Health’s Division of Communicable Disease. The school superintendent will be notified by the child’s personal physician and will provide assistance in identifying those educational or health care agents with an absolute need to know.
Only persons with an absolute need to know should have medical knowledge of a particular student. In individual situations, the superintendent might notify one or more of the following:
Principal,
School Nurse, or
Teacher.
Notification should be by a process that would maximally assist patient confidentiality. Ideally, this process should be direct person-to-person contact.
If school authorities believe that a child diagnosed as having AIDS or with clinical evidence of infection with the AIDS associated virus HIV AIDS or with clinical evidence of infection with the AIDS associated virus HIV has evidence of conditions described in paragraph three on this policy, then the school authorities can dismiss the child from the class and request authorization from the child’s personal physician so that class attendance is within compliance with the school policy.
If school authorities and the child’s personal physician are in conflict, then an appointed physician who would determine the permissibility of attendance should refer the case to the Department of Public Health for review.
Since the child diagnosed as having AIDS or with clinical evidence of infection with the AIDS associated virus HIV has a somewhat greater risk of encountering infections in the school setting, the child should be excluded from school if there is an outbreak of a threatening communicable disease such as chicken pox or measles until he/she is properly treated (possibly with hyper immune gamma globulin) and/or the outbreak has no longer become a threat to the child.
HIV screening is a blood test for detecting the presence of antibody to the HIV virus. Antibodies are substances produced by white blood cells that help fight infection caused by viruses or bacteria. Testing for HIV antibodies is not recommended for any purposes other than to assist the child’s personal physician in a highly selected set of clinical decisions. Results of HIV antibody tests are confidential and should not be reported to schools.
Blood or any other body fluids including vomitus and fecal or urinary incontinence in any child should be treated cautiously. It is recommended that gloves be worn when cleaning up any body fluids.
These spills should be disinfected with bleach (one part bleach to ten parts water,) or another disinfectant, by pouring the solution around the perimeter of the spill.
All disposable materials, including gloves, should be discarded into a plastic bag. The mop should also be disinfected with the bleach solution described above.
Persons involved in the clean up should wash their hands afterward.
In-service education for appropriate school personnel should ensure that proper medical and current information about AIDS is available.
Adopted September 1987
Internet Safety and Acceptable Use Policy
The Sutton Public School District is committed to providing the student body and faculty with a technology rich learning environment. We are committed to ensuring that our students have access to safe and secure learning opportunities.
All users must sign the following policy prior to using computers, network, and Internet connections anywhere on school property.
The Sutton Public School District is pleased to give the privilege of computer network and Internet access to all students, faculty members, and staff.
The Internet is a worldwide network of interconnected computers that allows users, including students, corporations, government agencies, authors, doctors, and scientists to share information with one another. The Internet also provides an opportunity for users to communicate with each other, no matter how far apart they are geographically. Because of its enormous size, the Internet provides an almost limitless amount of information that can be put to great educational purposes. With such great potential for education also comes the potential for the posting or retrieval, intentionally or unintentionally, of inappropriate or harmful material. The Sutton Public Schools will make every reasonable effort to minimize the risk that users will encounter objectionable material on the Internet. However, there is no absolute guarantee that this will not happen. The Sutton Public School intends to utilize any blocking or filtering safeguards required by law in order to filter all Internet activity for depictions that are (1) obscene, (2) child pornographic, or (3) harmful to minors. With these measures, in addition to user education, implementation of this policy and grade-appropriate supervision, the Sutton Public Schools believes that the Internet can be used safely to enhance the delivery of educational services.
The Sutton Public School’s computer network, which includes World Wide Web access and electronic mail capability, exists solely for educational purposes, which are defined as classroom activities, research projects directly related to class assignments, career and professional development, and high quality self-discovery activities of an educational nature. The Sutton Public School’s computer network is not to be considered a resource intended for use as a public forum or for any purpose that is not directly related to the delivery of educational services.
Members of the Sutton Public School’s community are responsible for good behavior on school computer networks just as they are in a classroom or in a hallway. Communications on the network may reach larger audiences than face-to-face conversations or telephone discussions. General school rules for behavior and communications apply. Access to network services will be provided to those who act in a considerate and responsible manner.
The Sutton Public Schools believe that the benefits to students from access to information resources and opportunity for collaboration available through the Internet exceed the potential disadvantages. However, the parents and guardians of minors are responsible for setting and conveying the standards that their children should follow when using media and information sources. To that end, the Sutton Public Schools respects each family’s right to decide whether or not their child will have independent access to the World Wide Web and an individual e-mail account at school. In making this decision, families should be aware that the Sutton Public School intends to vary the degree of directly supervised and generally supervised Web access and e-mail in the schools according to grade levels.
The Sutton Public School District utilizes CyberPatrol by Surfwatch to actively filter all Internet activity for visual depictions that are (1) obscene, (2) child pornographic, or (3) harmful to minors. Teachers will also monitor the online activities of students through direct observation to ensure that students are not accessing material that is inappropriate to minors.
1. Users will not post any personal information about themselves or others. This includes full name, addresses, phone numbers, etc.
2. Users agree not to meet with people they have made contact with online without the participation of a parent.
1. Users agree not to disclose their personal account information to others.
2. Users agree to notify the teacher or school principal if they encounter a security issues, or they believe someone is accessing their account or other unauthorized information.
3. Users agree not to hack into any part of the school network or initiate any hacking activities from the school network.
4. Users agree not to introduce or generate computer viruses on school computers.
1. Users will not attempt to access any unauthorized system or data via the District computer network. This includes accessing other users or unauthorized account information or passwords.
2. Users agree not to log in using another user’s password.
3. Users agree not to deliberately impair or destroy computer systems or data.
4. Users agree not to deliberately introduce viruses into the District.
5. Users agree not to use the District computer network for illegal activities. This includes the sending of threats, purchasing or selling illegal items, etc. Appropriate law enforcement agencies will be notified.
6. Users agree not to copy or remove software from the school network.
1. Users agree not to plagiarize works accessed via the computer network.
2. Users agree to respect all copyright laws. Users will not reproduce or claim ownership of material developed by others.
1. Users agree not to use the District network to access any material that contains profane, obscene, or inappropriate content.
2. Users agree to report any accidental accessing of profane, obscene, or inappropriate materials to a teacher or faculty member.
3. Users agree to report any access of profane, obscene, or inappropriate materials by other users to a teacher or faculty member.
1. Users agree not to use obscene, vulgar, rude, harassing, threatening, or disrespectful language.
2. Users agree not to use the District network for commercial activity or political lobbying.
3. Users agree not to use the District network to discuss or transmit highly sensitive or confidential school department information.
4. Users agree that they will not send chain letters, broadcast messages or lists to individuals, subscribe to list-services or newsgroups or participate in discussion groups or chat rooms, without expressed prior permission and supervision.
5. Users agree not to download files that do not have an educational purpose. Games, file sharing software, MP3 files or other non-educational materials should not be downloaded.
6. Users agree not to change or modify computer or network settings. This includes, but is not limited to, backgrounds, screensavers, icons, display, and printer settings.
7. Users agree not to download, install, or use Instant Messaging, chat software, or to use the network as a phone in any way on the school network.
8. Users agree not to access personal e-mail accounts over the school network; this includes HTML based e-mail accounts such as Yahoo, Hotmail, etc. Any e-mail that is required for an educational purpose must be sent with the teacher’s permission and supervision through the teacher’s e-mail account. All e-mail traffic should be of an educational nature and no user should encourage the sending or receiving of illegal, obscene, or threatening messages.
9. Users agree to use computers only when supervised by a member of the faculty or staff. Unsupervised use of computers is prohibited.
10. Users agree not to send messages or post information that would likely result in the loss of a recipient’s work or system.