Policies Outlining Responses to Harassment, Abuse, and ...

Policies Outlining Responses to
Harassment, Abuse, and
Suspicions of Child Neglect;
Prohibition of Harassment
As a condition of employment, all faculty and staff must adhere to common standards of
decency, goodwill, mutual respect, empathy, and sensitivity. The school does not tolerate in
any form a violation of personal physical or emotional boundaries.
Adult sexual or other inappropriate intimate relationships with students violates known
criminal, civil, and moral laws and is categorically prohibited. Complaints of this nature will
be investigated with the greatest urgency and are subject to the severest and most immediate
consequences, including contract termination, notification of law enforcement, and arrest.
The working and learning environment is one in which students develop relationships and
learn to mature without fear of intimidation, humiliation or degradation. Inappropriate
behavior, either verbal or physical, which disregards the self-esteem and physical or
emotional safety of others, is unacceptable. We list here examples of the most egregious
behavior:
• comments which are demeaning with respect to race, religion, ethnic origin, gender,
sexual orientation or physical challenge;
• obscene or suggestive remarks or jokes, verbal abuse, insults
• uninvited pressure for sexual activity whether explicit or implicit;
• displays of offensive 01' demeaning materials;
• Hazing and threats;
• false accusations of harassment; and
• retaliation toward someone making a complaint about harassment.
Any alleged violations of the exceptions stated above involving students, or students and
faculty and/or staff, need to be taken seriously and reported to a Division Head.
Complaints against Division Heads shall be made to the Headmaster. The appropriate
senior administrator shall promptly investigate the complaint. Following a full investigation of
the circumstances, if the administrator determines that the alleged violation did indeed occur,
he/she may recommend sanctions.
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Sexual Harassment and Abuse
The School's policy on sexual misconduct detailed here addresses harassment in all forms. It
is an affirmative duty of any adult 01' student in the community to report immediately to the
appropriate school officials any instance of sexual abuse or harassment directed against a
child or another adult.
There is a legal line between sexual harassment and sexual abuse. Sexual harassment
involves verbal behavior while sexual abuse involves physical touching. Sexual harassment
and sexual abuse cause humiliation and fear while legitimate nonsexual touching and
physical contact offer congratulations, consolation, or commiseration that lends support to
another human being. The School recognizes that some physical contact may be a regular
part of appropriate social, athletic, and educational experiences. For instance, greetings with
affectionate but innocent hugging, patting on the back during athletic events. Similarly,
adults who are questioning a student’s adherence to the dress code, even if the comments
are addressed to a member of the other sex, may legitimately make comments about clothing
or appearance. Conduct, which might not constitute sexual harassment if performed only
once, may become sexual harassment if repeated or intensified particularly when it follows a
request to cease the behavior.
Sexual harassment is unwelcome conduct that refers or relates in some way to another
person's gender. Anyone may become the victim of sexual harassment, regardless of gender
or sexual orientation. It may involve physical contact or verbal conduct. It should be noted
that unwelcome or unwanted touching, even if not sexual or gender-based in nature, may be
considered assault or battery.
Sexual harassment can take two forms: “quid pro quo" and "hostile environment.” Both can
deny or limit a student’s, faculty, or staff member's ability to participate in or to receive
benefits, services, or opportunities from the school's programs. "Quid pro quo" harassment
occurs if a school employee (including, but not limited to, administrators, teachers, coaches,
specialists, and support and maintenance staff members) causes a student or employee to
believe that he or she must submit to unwelcome sexual conduct in order to participate in a
school program or activity.
It can also occur if an employee causes a student to believe that the employee will make an
educational decision based on whether or not the student submits to the sexual conduct. This
also means that an adult member of the community might believe that advancement or
continued employment is dependent on submitting to sexual conduct.
Hostile environment harassment occurs if unwelcome sexually harassing conduct is so severe,
persistent, or pervasive that it affects a student's or faculty or staff member's ability to
participate in an educational program or activity, or creates an intimidating, threatening or
abusive sexual environment. A hostile environment can be created by a school employee,
another student, or even someone visiting the School. Many factors are considered in
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determining whether conduct creates a sexually hostile environment, including the frequency
and duration of the conduct.
Sexually harassing conduct includes, but is not limited to:
• sexual advances, or pressure for sexual activity or sexual favors;
• touching of a sexual (or a sexually suggestive) nature;
• displaying or distributing sexually explicit drawings, pictures, objects or writings;
• sexual or obscene gestures or jokes;
• touching oneself sexually or talking about one's sexual activity in front of others;
• spreading rumors or rating other students, faculty or staff as to sexual activity or
performance; and
• public displays of affection which are insensitive towards the level of comfort of
students and/or adults who may be in the vicinity.
Gender-based harassment is also specifically prohibited. This is harassment that includes
acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex
stereotyping, but not involving conduct of a sexual nature.
Reporting Procedures
The responsibility to report instances of sexual harassment or abuse rests with all members of
the School community, not just those who feel themselves directly victimized by such behavior.
In cases of perceived or actual harassment, students are told to report such incidences
directly to their respective Form Dean. Students and adults alike may approach a trusted
member of the community with their concerns. It is not the role of this initial contact to
investigate or try to solve the problem individually, but to encourage the complainant to
initiate the official process.
Any teacher or administrator who comes to hear or know complains and allegations of sexual
misconduct will initiate the following actions:
1. Informs the supervising administrator and the Headmaster of the individual(s) named
in the complaint, so that the person or persons can be notified and action can be
taken by the supervisor to see that the behavior ceases and to put the accused on
notice of impending disciplinary hearings. The Headmaster will designates an
investigator to collect, in strict confidentiality, statements from complainant, witnesses,
and alleged offender(s), and who will produce written summaries and report back
directly to Headmaster.
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Follow-up Action
1. The complainant should be referred to the School psychologist or other appropriate
individual for counseling if the situation demands it.
2. If the offender is found liable for sexual misconduct, the disciplinary actions may
include one or more of the following: counseling, sensitivity training, suspension,
expulsion, dismissal, or notification of the local or state authorities.
3. If the complainant is dissatisfied with the handling of the case, remedy may be sought
by contacting the Office of Civil Rights, New York State Division of Human Rights, the
EEOC or New York City Commission on Human Rights.
False Complaints and Retaliation
1. Retaliation against anyone, who, in good faith, reports perceived harassment or
discrimination, or who participates in an investigation of a complaint, is prohibited.
Such acts of reprisal are subject to disciplinary action.
2. Anyone who makes a false complaint of sexual harassment or abuse is also subject to
disciplinary action.
Sexual Misconduct: Prevention and Education
1. A training workshop will be conducted for the whole faculty every other year.
2. New faculty orientation will include time to discuss issues of sexual harassment and to
familiarize the new member of the faculty with school policies.
3. Issues of sexual harassment and abuse will be highlighted at fall orientation for
students.
4. A team of faculty, staff, parents, and students who have been trained on issues and
policy will serve as resources for ongoing education and awareness program
Child Abuse Reporting Requirement
Reporting steps for teachers who see evidence of child maltreatment or abuse, or who suspect
such abuse:
1. The teacher must immediately report any evidence of child maltreatment, or even the
suspicion of abuse, to the Division Head
2. The teacher or Division Head must immediately call the CPS Hotline
3. The teacher* or Division Head must file a report with CPS within 48 hours. The report
must include a statement by the teacher or administrator who first witnessed the abuse.
*Please note that the person who suspects or has evidence of child abuse may allow the Division Head to call
Child Protective Services rather than doing so herself, but still holds the primary legal responsibility that the call is
made in a timely manner.
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Under revisions to Section 413 of the Social Services Law, school officials, administrators,
faculty and health care professionals employed by Poly Prep have an affirmative duty to report
when they have -reasonable cause to suspect" that a child has been abused or maltreated or
where a parent, guardian or other individual legally responsible for the child states from
personal knowledge facts, conditions or circumstances that, if true, would render the child an
abused or maltreated child. Evidence, or suspicion, of abuse is the immediate responsibility
of the teacher or administrator who first witnesses it. A teacher or administrator who suspects
abuse must act. Following guidelines set out by the New York State Teachers Association on
the revision to Section 413:
As soon as a teacher reporter has a reasonable cause to suspect abuse or maltreatment, he
or she or the Division Head must report his or her concerns immediately by telephone to the
New York State Central Register of Child Abuse and Maltreatment (SCR). Oral reports to the
hotline must be followed within 48 hours by a written report on Form LDSS 2221A to the
local Child Protective Service (CPS). A copy of this mandated reporter form can be obtained
by contacting your local CPS office, or by accessing the New York State Office of Children
and Family Services (OCFS) website at www.ocfs.state.ny.us and clicking on the "Forms"
"LDSS222IA" links. In addition, where there are visibly apparent traumas, school officials,
administrators, faculty and health care professionals shall immediately notify the Division
Head or his or her designated agent, who shall then take or cause to be taken color
photographs of visible trauma and shall, if medically indicated, cause to be performed a
radiological examination on the child.
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