Regulation 1300 – Prohibition Against Harassment, Discrimination and Retaliation

Harassment or discrimination because of an individual’s race, color, national origin, ancestry,
religion, sex, sexual orientation, gender identity, disability, age, genetic information, or any other
characteristic protected by law is prohibited in this District. The District also prohibits retaliation
against a person who files a complaint of discrimination or harassment or participates in an
investigation of allegations of harassment or discrimination.

This Regulation governs and outlines the procedure for filing a complaint by students, employees,
parents, and patrons of the District alleging harassment, discrimination, or related retaliation based
on a protected classification under the laws identified in Policy 1300 ( outside of Title IX). A
complaint regarding sexual harassment or related retaliation of a student or employee under Title
IX and that is alleged to have occurred on or after August 14, 2020, should be filed in accordance
with the procedures outlined in Regulation 1301. A complaint regarding the identification,
evaluation, educational program, or placement of a child with a disability under Section 504 of the
Rehabilitation Act of 1973 should be filed in accordance with the procedures outlined in
Regulation 2110.

DISTRICT’S COMPLIANCE OFFICER

The following person has been designated as the District’s Compliance Officer to handle inquiries
or complaints regarding the District’s non-discrimination policies:

[Insert the following information below for each designated Compliance Officer;
the Title IX Coordinator is designated in Regulation 1301 and may be the same
person. The District may choose to include only the position title, rather than an
individual’s name, but the address, phone number, and email must be connected to
the designated individual.]

Title and/or Name Middle School Principal
Address 3000 Main Street, Scott City, MO 63780
Number 573-264-2139
Email

The District has designated the Compliance Officer with the responsibility to identify, prevent,
and remedy unlawful discrimination and harassment in the District. The Compliance Officer is in
charge of assuring District compliance with this Policy and Regulation, Title VII of the Civil
Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; as well as other state and federal
nondiscrimination laws. See Regulation 1301 for the individual(s) designated by the District to be
the Title IX Coordinator with the responsibility to identify, prevent, and remedy unlawful
harassment and related retaliation in accordance with Title IX of the Education Amendments of
1972.

The Compliance Officer will:

1. *Receive complaints of discrimination or harassment based on an individual’s race, color,
2. national origin, ancestry, religion, sex, sexual orientation, gender identity, disability, age,
3. genetic information, or any other characteristic protected by law.
4. Oversee the investigative process.
5. Assess the training needs of District staff and students in connection with the
   dissemination, comprehension, and compliance with this Regulation.
6. Arrange for necessary training required for compliance with this Regulation.
7. Insure that investigations are conducted by an impartial investigator.
8. In the event the complaint is about the Compliance Officer or Compliance Officer’s
   immediate supervisor, the District will consider appointment of an outside investigator.

*If any complaint involves allegations against the Compliance Officer, the Complaint shall be filed
directly with the Superintendent, unless the Superintendent is the Compliance Officer, or President
of the Board of Education.

DEFINITIONS

For the purpose of this Regulation, the following terms are defined:

Compliance Officer: The District employee(s) designated by the Board of Education to coordinate
the District’s compliance with District policy, Missouri statutes, and federal laws regarding
discrimination, harassment and retaliation based on an individual’s race, color, national origin,
ancestry, religion, sex, sexual orientation, gender identity, disability, age, genetic information, or
any other characteristic or any other characteristic that is protected by law.

Day: A calendar day. All timeframes and deadlines may be extended by the District for good cause,
including but not limited to Board-approved holiday breaks and building closures.

Disability: A physical or mental impairment that substantially limits a major life activity.

Discrimination: Adverse conduct directed at an individual or group based on race, color, national
origin, ancestry, religion, sex, sexual orientation, gender identity, disability, age, genetic
information, or any other characteristic that is protected by law. The encouragement, cooperation,
coercing, or support of adverse conduct that is based on race, color, national origin, ancestry,
religion, sex, sexual orientation, gender identity, disability, age, genetic information, or any other
characteristic that is protected by law is discrimination.

Harassment: Harassment is conduct, including but not limited to, intimidation, ridicule or insult,
toward an individual or group because of race, color, national origin, ancestry, religion, sex, sexual orientation, gender identity, disability, age, genetic information, or any other characteristic that is protected by law and is so severe or pervasive that it:

• Affects an individual’s ability to work in, participate in, or benefit from an educational program or activity; and
• Creates an intimidating, threating, abusive hostile or offensive environment; or
• Has the purpose or effect of substantially or unreasonably altering the work or educational
  environment.

For the purposes of this Regulation, sexual harassment is defined as unwelcome conduct of a
sexual nature or based upon sex when a) benefits or decisions are implicitly or explicitly
conditioned upon submission to, or consequence is applied for refusing to comply with,
unwelcome sexual advances, requests for sexual favors or conduct of a sexual nature; or b) the
school or work environment becomes permeated with intimidation, ridicule or insult that is based
on sex or is sexual in nature and that is sufficiently severe or pervasive enough to alter the
conditions of participation in the district’s programs and activities or the conditions of
employment.

A student regardless of age cannot consent to behavior of a sexual nature with an adult irrespective
of the circumstances.

Retaliation: Adverse conduct including, but not limited to, conduct of a coercive, intimidating,
threatening, discriminatory, or harassing nature because of an individual’s good faith complaint,
participation in the investigation, testifying, or resolution of discriminatory or harassing conduct
based on an individual’s race, color, national origin, ancestry, religion, sex, sexual orientation,
gender identity, disability, age, genetic information, or any other characteristic that is protected by
law.

Student: An individual that is currently enrolled as a student of the District.

Illustrations and Examples of Prohibited Harassment

For the purpose of this Regulation, the determination if conduct as unwelcome is a fact-intensive
question that shall be considered on a case-by-case basis.

Examples of Sexual Harassment

Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve
individuals of the same or different gender. Legitimate, non-sexual physical conduct necessary to
avoid physical harm to persons or property, to console an individual, or spontaneous movement
during a sporting activity is not sexual harassment.

Depending on the circumstances and application of the definitions immediately above in this
Regulation, examples of conduct which may or may not constitute sexual harassment, include,
but are not limited to:

• sexual advances;
• request for sexual favors;
• threatening an individual for not agreeing to submit to sexual advancement;
• sexually motivated touching of an individual’s intimate parts;
• coercing, forcing, or attempting to coerce or force the touching of an individual’s
  intimate parts;
• display of drawings, graffiti, cartoons, pictures, symbols or other written material of a
  sexual nature;
• sexual gestures;
• sexual or dirty jokes;
• sexually provocative or explicit speech;
• communications about or rating an individual as to his/her body, sexual activity, or
  performance; and
• verbal abuse of a sexual nature.

Examples of Race, Color, Nation Origin, Ancestry, Religion, Disability, Age or Genetic
Information Harassment

As defined in this Regulation, examples of conduct that may be considered harassment based on
an individual’s race, color, national origin, ancestry, religion, disability, age, or genetic
information, or any other characteristic that is protected by law include, but are not limited to:

• display of drawings, graffiti, cartoons, pictures, symbols or other written material;
• jokes;
• gestures;
• slurs, derogatory stereotypes or remarks, rumors, name-calling, insults, teasing, or
  taunting;
• threats or intimidating conduct;
• hostile action, physical aggression or violence; and
• damage or theft of property.

OBLIGATION TO REPORT

The District is steadfastly committed to providing an inclusive environment that is free from
discrimination and harassment for all of its students and staff. Unless a concern is informally
resolved, staff and students shall report all incidents of discrimination, harassment and retaliation
to the Compliance Officer as set forth in this Regulation. When a f01mal complaint is filed with
the Compliance Officer, the investigation and complaint process detailed below will be used,
including a possible determination by the Compliance Officer that the incident has been
appropriately addressed through the informal process. Reports of discrimination, harassment
and/or related retaliation must contain as much specific information as possible to allow for proper
assessment of the nature, extent and urgency of preliminary investigative procedures.

INTERIM MEASURES

The District will take action to protect a complainant or persons subjected to discrimination,
harassment, or retaliation as necessary during the course of an investigation. Appropriate interim
measures will be offered and may include, but are not limited to, physical separation, contact
limitations, reassignment, alternative work or assignments, altering class or bus seating
assignments, additional supervision, counseling, training, warning, conferences, exclusion and
employee suspension pending an investigation as permitted by the District’s policies and law.
Additional interim measures to prevent retaliation may include, but are not limited to, notification
of the retaliation prohibition, confirming the individual knows how to report retaliation, and
follow-up contact.

INVESTIGATION AND RESPONSE

The District will investigate allegations of harassment, discrimination, and/or retaliation and take
appropriate steps reasonably calculated to resolve the situation, eliminate the misconduct, prevent
its recurrence and as appropriate, remedy its effects. The District will take equitable and remedial
action within its authority on complaints that come to the attention of the District, either formally
or informally.

Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse
will be reported to law enforcement and/or the Children’s Division. Regardless of whether the
misconduct is reported to law enforcement and/or the Children’s Division, school staff will
investigate to determine what occurred and take appropriate steps to resolve the situation, to the
extent that such investigation does not interfere with an ongoing criminal investigation.

Engaging in harassment, discrimination, and/or retaliation will result in appropriate discipline or
other appropriate sanctions against offending students, staff or other third parties involved in
District activities. Anyone else who engages in harassment, discrimination, and retaliation on
school property or at school activities will have their access to school property and activities
restricted, as appropriate.

Employees and students should fully cooperate with investigation process.

Informal Process for Resolution

The District takes seriously the obligation to investigate complaints of discrimination, harassment,
or retaliation and to take appropriate remedial measures when necessary. The District recognizes
that the obligation to investigate and remedy may be accomplished through an informal process,
depending on the circumstances.

Anyone may use informal procedures to report and resolve complaints of harassment,
discrimination, and retaliation. If a staff member receives an informal complaint of harassment,
discrimination, and/or retaliation and the complaint cannot be resolved informally, the staff
member shall inform their relevant building administrator or supervisor. The
administrator/supervisor may attempt to resolve the matter informally and should inform
complainants of this Regulation.

Building administrators/supervisors shall provide information to the Compliance Officer on a
regular basis about complaints reported and resolved through the informal process.
Informal complaints may become formal complaints at the request of the complainant,
parent/guardian, or the District.

During the course of the informal complaint process, the District will take prompt and effective
steps reasonably calculated to end the harassment, discrimination, and retaliation and to correct
any effects on the complainant.

Informal remedies may include, but are not limited to:

• If the complainant so desires, an opportunity for the complainant to explain to the alleged harasser that his or her conduct is unwelcome, offensive or inappropriate, either in writing or face-to-face;
• A statement from a staff member to the alleged harasser that the alleged conduct is not
  appropriate and could lead to discipline if proven or repeated;
• Developing a safety plan;
• Separating students; or
• Providing staff and/or student training.

The District will inform the complainant ( and their parent/ guardian when applicable) how to report
any subsequent problems. Additionally, the District may conduct follow-up inquiries to see if there
have been any new incidents or instances of retaliation, and to promptly respond and appropriately
address continuing or new problems.

Formal Process for Resolution

Step One – Complaint to District

Anyone may initiate a formal complaint of harassment, discrimination, or retaliation by filing a
written complaint with the District’s Compliance Officer. At any step in the formal resolution
process, where appropriate, the District will take interim measures to protect the complainant or
alleged victim before the final outcome of the District’s investigation. Additionally, the District
may appoint an outside investigator at any step of the informal or formal resolution process. A
subordinate shall not investigate his/her supervisor.

The following process will be followed at Step One:

Filing of Complaint

• All formal complaints will be in writing and will set forth the specific acts, conditions or circumstances alleged to have occurred and to constitute harassment, discrimination or retaliation. The Compliance Officer may draft the complaint based on the report of the complainant for the complainant to review and approve. The Compliance Officer may also conclude that the District needs to conduct an investigation based on information in his or her possession, regardless of the complainant’s interest in filing a formal complaint.
• Formal complaints must be submitted to the Compliance Officer.
• A charge or complaint of discrimination, harassment, or retaliation filed with an
  outside agency does not constitute a formal complaint or trigger an obligation to
  follow the formal complaint investigation procedures as contemplated under this
  Regulation.

Investigation of Complaint

• The Compliance Officer will receive and investigate all formal, written complaints of harassment, discrimination or retaliation or will investigate if information in the Officer’s possession leads them to believe further investigation is required. The Compliance Officer will delegate his or her authority to participate in this process if such action is necessary to avoid any potential conflicts of interest. Upon receipt of a complaint, the Compliance Officer will provide the complainant a copy of this Regulation.
• Investigations will be carried out in a manner that is adequate in scope, reliability
  and impartiality. During the investigation process, the complainant and accused
  party or parties, if the complainant has identified an accused party, will have an
  opportunity to identify witnesses and present relevant evidence. The District and
  complainant may also agree to resolve the complaint in lieu of an investigation.
• When the investigation is completed, the Compliance Officer will compile a written
  report of the investigation. The report may include a recommendation of
  appropriate action to remedy the allegations included in the complaint. The
  Compliance Officer will forward the report and recommendations to the Superintendent. If the Superintendent is the subject of the complaint, the report and recommendations will be forwarded to the Board President.

Response to the Complaint

• The Superintendent will review the report completed by the Compliance Officer.
• The Superintendent will respond in writing with a Letter of Outcome to the
  complainant and the accused party within thirty (30) calendar days of the
  Compliance Officer’s receipt of the written complaint, unless otherwise agreed to
  by the complainant or if circumstances related to the complaint require an extension
  of the time limit. In the event an extension is needed, the District will notify the
  complainant in writing of the reason for the extension and the anticipated response
  date.
• The Letter of Outcome will include: 1) a statement of the outcome of the
  investigation including whether a preponderance of the evidence establishes that
  harassment, discrimination, and/or retaliation occurred in violation of Policy 1300;
  2) if violation of Policy 1300 is found to have occurred, the assurance that the
  District will take steps to prevent recurrence and remedy its effects on the
  complainant and others, if appropriate; and 3) notice of the right to appeal to the
  school board and the necessary filing information.
• Any corrective measures deemed necessary will be instituted as promptly as
  reasonable.
• The District will inform the complainant (and their parent/guardian if the
  complainant is a student) how to report any subsequent problems. Additionally,
  where appropriate the District will conduct follow-up inquiries to see if there have
  been any new incidents or instances of retaliation, and to respond and appropriately
  address continuing or new problems.
• If the Superintendent is the subject of the complaint, the actions set forth herein to
  be completed by the Superintendent will be completed by the Board President.

Step Two – Appeal to Board of Education

Notice of Appeal

• The complainant or accused party may appeal to the Board of Education by filing a written notice of appeal with the secretary of the Board within ten (10) calendar days following receipt of the Letter of Outcome.
• On receipt of the written appeal, the matter shall be placed on the agenda of the
  Board for consideration not later than their next regularly scheduled meeting, unless
  otherwise agreed to by the complainant and the superintendent or for good cause.
• Parties will be allowed to provide comment and information as the Board deems relevant and material.

Board Decision

• Unless otherwise agreed to by the appealing party, the Board will provide written notice of its determination within thirty (30) calendar days following the filing of the notice of appeal and provide the appealing party with a copy of the determination.

RETALIATION

The District prohibits retaliation against a person who files a complaint of discrimination or
harassment, and further prohibits retaliation against a person who participates in related
proceedings or investigations.

Notwithstanding this provision, employees or students found to have intentionally made false or
materially misleading allegations of suspected discrimination, harassment and/or related
retaliation under this Regulation may be disciplined, up to and including dismissal or expulsion.

CONFIDENTIALITY

The District will respect the privacy of the complainant, the individuals against whom the
complaint is filed, and the witnesses to the extent possible, consistent with applicable law, the
District’s legal obligations to investigate, to take appropriate action, and to conform with any
discovery or disclosure obligations. However, pursuant to the District’s discretion, information
may be disclosed, if necessary, to aid in the investigation, resolution, or appeal of the complaint.

CONSEQUENCES AND REMEDIES

The District will take prompt, effective and appropriate action to address substantiated
discrimination, harassment or retaliation, prevent its recurrence and remedy its effects.

Consequences

Consequences for violations of this Policy and Regulation may have educational, restorative,
rehabilitative and/or punitive components.

Conduct constituting harassment, discrimination or retaliation as defined in this Regulation will
be subject to discipline including, but not limited to, written warning or reprimand, conference,
required training, “no contact” order, reassignment, probation, suspension or termination for
employees, suspension or expulsion for students, or exclusion from District property.

In the event that the evidence suggests that the conduct at issue is also a crime in violation of a
Missouri criminal statute, the District Compliance Officer shall report the conduct to the
appropriate law enforcement agency charged with responsibility for handling such crimes.

As required by and in compliance with law and District policy, a report will be made to the
Missouri Children’s Division if there is reasonable cause to suspect abuse or neglect of a child.

Students, employees and others will not be disciplined for speech in circumstances where it is
protected by law.

Remedies

The District will consider remedies for the victim as appropriate including, but are not limited to,
providing additional resources such as counseling, moving or reassignment of the perpetrator, or
allowing the victim to retake or withdraw from a class.

An allegation of discrimination, harassment and/or related retaliation complaint may not
necessarily stop, delay or affect pending personnel actions. This includes, but is not limited to,
performance evaluations or disciplinary actions related to a reporter who is not performing at
acceptable levels or standards or who has violated district policies or regulations.

TRAINING & PUBLICATION OF POLICY

The District will train its employees on this Policy and Regulation. The training will include the
requirements of nondiscrimination and the appropriate responses to discrimination, harassment,
and retaliation. The District will notify its employees to report complaints of discrimination,
harassment or retaliation in accordance with this Policy. This training will be provided to
employees on an annual basis, and at such other times as the Superintendent, in consultation with
the District’s Compliance Officer, determines is necessary or appropriate. Additionally, the
District will provide additional training to the District Compliance Officer on identifying,
investigating, and reporting on acts that may constitute discrimination, harassment or retaliation.
District students will be notified regarding this Policy. This Policy will be posted on the District’s
website and available in Central Office.