Procedures for Reporting and Investigating Discrimination, Harassment and Race-based Offenses

  • It is the responsibility of the school administration and staff to make clear to students and families that discrimination, harassment, or racism, of any form, in the school building, on school grounds, on the bus or school sanctioned transportation or at school sponsored functions will not be tolerated. Head of Schools/Principals or their designees shall be responsible for the implementation of all discrimination, harassment, racism and retaliation prevention and intervention procedures, most specifically the reporting and investigating of any and all claims or charges of harassment, discrimination, racism and/or retaliation.

    Violations of school and/or district policy and procedures will be addressed in conformance with existing disciplinary policies. In addition, all reporting, investigations and responses shall be consistent with local, state and federal law regarding anti-discrimination and the protection of civil and human rights. Consultation with district legal staff and representatives of local, regional and state law enforcement and justice agencies may be required to ensure the rights of targets/victims and aggressors/perpetrators are maintained.



    A. Reporting discrimination, harassment, racism or retaliation
    A school or district staff member is required to report immediately to the principal or designee any instance of discrimination, harassment, racism or retaliation that the staff member becomes aware of or witnesses. The requirement to report to the principal or designee does not limit the authority of the staff member to respond immediately to behavioral or disciplinary incidents consistent with school or district policies and procedures for behavior management and discipline, if the incident or situation demands an immediate response.

    At the beginning of each school year, the school or district will provide the school community, inclusive of administrators, faculty, staff, students and parents/guardians, written notice of its policies for reporting acts of discrimination, harassment, racism or retaliation. A description of the reporting procedures and resources, including the name and contact information of the principal or designee, will be incorporated into the Lowell Public Schools Parent and Student Handbooks and posted on the Lowell Public School website.

    The school/district will:

        • Include a copy of the Incident Reporting Form  in the information packets that are distributed for students at the beginning of the school year and in the Parent and Student Handbooks,
        • Make the  Incident Reporting Form available in the school’s main office, counseling office, school nurse's office and other locations determined by the principal or designee, and
        • Make the Discrimination, Harassment, Racism Incident Form virtual link visible and accessible throughout the entire facility to build awareness of the reporting form. 

     

     

    It is important to note that students, parents/guardians or other individuals who are not school or district staff members are not required to complete a Incident Reporting Form in order to file a complaint. Reports of discrimination, harassment, racism or retaliation made by students, parents/guardians or other individuals who are not school or district staff members, may be oral or written, via telephone/cell-phone, text or face-to-face, by email, in writing or anonymously submitted. If the form is not initiated by students, parents/guardians or other individuals who are not school or district staff members, the school staff to whom the initial communication is made is responsible for completing the form and providing it to the head of school/principal or designee.


    1. Reporting by Staff
    Any staff member that encounters an interaction that may be construed as discrimination, harassment, or racism will first be asked to try to address the incident between the target(s)/victim(s) and aggressor(s)/perpetrator(s). The staff member will then report the incident immediately to the principal or designee so the investigation process may begin. This initial report should ideally include:

      • Date, time and location of the incident,
      • Individuals involved and their roles (e.g. target/victim, aggressor/perpetrator, bystander/witnesses),
      • Details of the incident,
      • Information about if/how the incident is part of a pattern of discrimination, harassment, racism or retaliation (e.g. prior documented incidents), and
      • Any actions taken by staff to defuse the situation.

     

    The report that is made immediately may be provided orally, by email or via a written note. The initial report must be documented in writing using the Incident Reporting Form within 72 hours of the initial report of the incident.

    2. Reporting by Students, Parents/Guardians and Others
    The school or district expects students, parents or guardians and others who witness or become aware of an instance of discrimination, harassment, racism or retaliation involving a student to report it to the principal or designee. This may be done by telephone/cell-phone, text, face-to-face, by email, in writing, or anonymously. Students, parents/guardians and others are not required to complete the Incident Reporting Form. If an oral report of a discrimination, harassment, racism or retaliation incident is made to the principal or designee, he/she will complete an Incident Reporting Form to document in writing the allegation. An Incident Reporting Form may also be completed by the principal or designee to complement written reports of discrimination, harassment, racism or retaliation by a student, parent/guardian or others in those instances where additional data is secured to substantiate the allegation. This form may also be completed by school staff to add the incident file.

    Students, parents or guardians and others may request assistance from a staff member to complete a written report. Students will be provided with practical, safe, private and age-appropriate ways to report and discuss an incident of discrimination, harassment, racism or retaliation with a staff member or with the principal or designee.

    Anonymous reporting will be managed at the school or district level. Students, parents/guardians and others will be able to make anonymous discrimination, harassment, racism or retaliation reports by telephone/cell-phone, text, by mail and through the Lowell Public Schools website. Anonymous reports should include at least the following information:

      • Date, time and location of the incident,
      • Individuals involved and their roles (e.g. target/victim, aggressor/perpetrator, bystander/witnesses),
      • Details of the incident,
      • Any knowledge of prior incidents that were reported or not; and
      • The relationship of the reporter to the incident (e.g. witnessed firsthand, third party report, etc.).

     
    Upon receipt of an anonymous report, the school/district will initiate a preliminary investigation. If the anonymous allegation is deemed to have potential merit, an Incident Reporting Form will be completed by the investigating staff member and the investigation process at the school level will proceed.

    No disciplinary action will be taken against an alleged aggressor/perpetrator solely on the basis of an anonymous report.



    B. Responding to a Report of Discrimination, Harassment, Racism or Retaliation

    1. Safety
    Before fully investigating the allegations of discrimination, harassment, racism or retaliation, the principal and/or a team designated by him/her will take steps to assess the need to restore a sense of safety to the alleged target/victim and/or to protect the alleged target/victim from possible further incidents. Responses to promote safety will include notifying parents/guardians that a report of discrimination, harassment, racism or retaliation has been received and may include, but not be limited to:

      • Creating a personal Intervention/Safety Plan,
      • Pre-determining seating arrangements for the target/victim and/or the aggressor/perpetrator in the classroom, at lunch or on the bus,
      • Identifying a staff member who will act as a “safe person” for the target/victim, and/or
      • Altering the alleged aggressor’s/perpetrator’s schedule and access to the target/victim

          
    This is not an exhaustive list. The creation of safe environments for targets/victims will be considered for each individual person and incident.

    The principal or designee will take additional steps to promote safety during the course of and after the investigation as necessary. The principal or designee will implement appropriate strategies to protect any student who (a) reports discrimination, harassment, racism or retaliation, (b) witnesses discrimination, harassment, racism or retaliation, (c) provides information during an investigation of allegations of discrimination, harassment, racism or retaliation or (d) has reliable information about an alleged act of discrimination, harassment, racism or retaliation from further acts of discrimination, harassment, racism or retaliation. Strategies that may be used to create a safer environment for the reporters, target(s)/victim(s) and/or aggressor(s)/perpetrator(s) include:

      • Increasing adult supervision at times and /or in locations where discrimination, harassment, or racism is known to have occurred or is likely to occur,
      • Temporarily and/or permanently changing the target(s)/victim(s) and/or aggressor(s)/perpetrator(s) class schedule and/or seating arrangements to reduce opportunities for retaliation, and/or
      • Establishing a safe zone for the target/victim to go to when he/she feels vulnerable

     
    This is not an exhaustive list. The creation of safe environments for targets/victims, aggressors/perpetrators or others impacted by the incident will be considered for each individual person and incident.

    2. Obligation to Notify Others
    The principal or designee has the primary responsibility to notify the following constituencies when discrimination, harassment, racism or retaliation has occurred. A copy of all written or electronic communication with these constituencies that are included in the Incident Reporting Form must be sent to the Office of Educational Equity & Community Empowerment so the district administration is appropriately informed and can assist with a response as needed:

      • Notice to Parents or Guardians - Upon determining that discrimination, harassment, racism or retaliation has occurred, the principal or designee will promptly notify the parents or guardians of the target(s)/victim(s) and the aggressor(s)/perpetrator(s) (or the aggressor(s)/perpetrator(s) if he/she/they is/are school staff) by telephone/cell-phone of this and of the procedures for responding to it. Notice will be consistent with state regulations at 603 CMR 49.00.
      • Notice to Another School or District - If the reported incident involves aggressor(s)/perpetrator(s) or target(s)/victim(s) from more than one school district, charter school, non-public school, approved private special education day or residential school or collaborative school, the principal or designee first informed of the incident will promptly notify by telephone/cell-phone the principal or designee of the other school(s) of the incident so that each school may take appropriate action. All communications will be in accordance with state and federal privacy laws and regulations and 603 CMR 49.00.
      • Notice to Law Enforcement - At any point after receiving a report of discrimination, harassment, racism or retaliation, including after an investigation, if the principal or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor/perpetrator, the principal or designee will notify the local law enforcement agency. Notice will be consistent with the requirements of 603 CMR 49.00 and locally established agreements with the local law enforcement agency. Also, if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school, the principal or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressor/perpetrator.

    In making this determination, the principal or designee will, consistent with the Intervention Plan and with applicable school or district policies and procedures, consult with the supervisor of school resource officers and other individuals the principal or designee deems appropriate.



    C. Investigation
    The principal or designee will investigate promptly all reports of discrimination, harassment, racism or retaliation and, in doing so, will consider all available information known, including the nature of the allegation(s) and the ages of the aggressor(s)/perpetrator(s) or target(s)/victim(s) involved.

    During the investigation the principal or designee will, among other things, interview students, staff, witnesses, parents or guardians and others as necessary. The principal or designee (or whoever is conducting the investigation) will remind the alleged aggressor(s)/perpetrator(s), victim(s)/targets and witnesses that retaliation is strictly prohibited and will result in disciplinary action.  If the alleged aggressor(s)/perpetrator(s) is/are a staff member, he/she/they will have the right to request union representation during the investigation phase.

    Interviews may be conducted by the principal or designee, other staff members as determined by the principal or designee, and in consultation with the school counselor, as appropriate. To the extent practicable, and given his/her obligation to investigate and address the matter, the principal or designee will maintain confidentiality during the investigative process. The principal or designee will maintain a written record of the investigation.

    Procedures for investigating reports of discrimination, harassment, racism and retaliation will be consistent with school or district policies and procedures for investigations. If necessary, the principal or designee will consult with legal counsel about the investigation.

    Upon receipt of an anonymous report, the school or district administrators will initiate a preliminary investigation. If the anonymous allegation is deemed to have potential merit, an Incident Reporting Form will be completed by the investigating staff member and the investigation process at the school level will proceed.



    D. Determinations
    The principal or designee will make a determination based upon all of the facts and circumstances. If, after investigation, discrimination, harassment, racism or retaliation is substantiated, the principal or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target/victim is not restricted in participating in school or in benefiting from school activities. The principal or designee will:

      • Determine what remedial action is required, if any 
      • Determine what responsive actions and/or disciplinary action is necessary, and/or
      • Determine whether restorative practice methods could be utilized as an accountability measure.

     
    Depending upon the circumstances, the principal or designee may choose to consult with the target(s)/victim(s) or perpetrator(s)/aggressor(s) teacher(s) and/or school counselor and the target’s/victim’s or aggressor’s/perpetrator’s parents or guardians, to identify any underlying social or emotional issue(s) that may have contributed to the unacceptable behavior and to assess the level of need for additional social skills development.

    The principal or designee will promptly notify the parents or guardians of the target(s)/victim(s) and the aggressor(s)/perpetrator(s) or the aggressor(s)/perpetrator(s) if he/she/they is/are school staff about the results of the investigation and, if discrimination, harassment, racism or retaliation is found, communicate what action is being taken to prevent further acts of discrimination, harassment, racism or retaliation. All notice to parents must comply with applicable state and federal privacy laws and regulations.

    Because of the legal requirements regarding the confidentiality of student records, the principal or designee cannot report specific information to the target’s/victim’s parent or guardian about the disciplinary action taken unless it involves a “stay away” order or other directive that the target/victim must be aware of in order to report violations.



    E. Additional Support and/or Concerns
    Any parent and/or student seeking further assistance and/or who believes that his/her concerns were not adequately addressed has the right to contact the Office of Educational Equity and Community Empowerment directly at 978-674-2036 and/or vkhin@lowell.k12.ma.us.

     

    F. Responses to discrimination, harassment, racism
    The creation of school environments where every student feels a sense of belonging is integral to student success. To this end, the Lowell Public Schools will modify or institute procedures by grade level as necessary to provide a safe environment at all times of the school day including non-classroom times such as lunch, bus rides, recess, and after-school and other out-of-school time, particularly for students who have been targets/victims of substantiated allegations of discrimination, harassment, racism or retaliation, as well as aggressors/perpetrators of said actions as needed to restore a safe and supportive learning environment for all students .


    1. Taking Disciplinary Action
    If the principal or designee decides that disciplinary action is appropriate, the disciplinary action will be determined on the basis of facts found by the principal or designee, including the nature of the conduct, the age of the target(s)/victim(s) and aggressor(s)/perpetrator(s) involved, and the need to balance accountability with the teaching of appropriate behavior. Discipline will be consistent with the Parent and Student Handbooks. If the aggressor(s)/ perpetrator(s) is/are school staff, disciplinary action, if any, may include but is not limited to disciplinary action that is permissible by Lowell Public Schools Policy, State and Federal Laws and Regulations, Case Law, including but not limited to Administrative Hearings and/or Union Contracts/Agreements.

    Discipline procedures for aggressor(s)/perpetrator(s) with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA), in cooperation with state laws regarding student discipline.

    If the principal or designee determines that a false allegation of discrimination, harassment, racism or retaliation has been made, appropriate actions will be taken. This may include disciplinary actions for those incidents where the accuser is a student or school staff.

    Discipline, the need to identify constructive limits and controls in order to develop positive behaviors in all children, is an essential ingredient in every student’s total learning experience. The goal of discipline is to help students and school staff develop wise decision-making skills so that they may learn to make responsible choices in their interactions with others. Progressive discipline strategies are used by the teachers and administrators of the Lowell Public Schools and may include any one of the following strategies and/or combination of the following discipline strategies: 

     

      • Counseling/mediation that starts at the classroom level between teacher and aggressor(s)/ perpetrator(s), and if not productive, proceeds to the social worker, guidance counselor or principal and/or the assistant principal,
      • Restorative justice methods that holds students accountable for the offense while reflecting and learning from the experience to improve behavior,
      • Detention (office, after-school and/or weekend),
      • Suspension from school that may be imposed by the principal or assistant principal for up to 5 days for serious misbehavior and that may be extended to 10 days with the approval of the Superintendent or Designee(This option should be last resort after all other alternatives are seriously considered),
      • Assignment to an alternative program that may be recommended by the principal, and/or
      • Expulsion from school that may be imposed by the principal or by the School Committee
      • If the aggressor(s)/perpetrator(s) is/are school staff, disciplinary action, if any, may include, but is not limited to disciplinary action that is permissible by Lowell Public School Policy, State and Federal Laws and Regulations, Case Law, including but not limited to Administrative Hearings and/or Union Contracts/Agreements.

     
    2. Promoting Safety for the Target(s)/Victim(s) and Others
    Upon the completion of the investigation, the principal or designee will consider what adjustments, if any, are needed in the school environment to enhance the target’s/victim’s sense of safety and the sense of safety for others as well.

    Within a reasonable period of time following the determination and the ordering of remedial and/or disciplinary action, the principal or designee will contact the target(s)/victim(s) to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed. If so, the principal or designee will work with appropriate school staff to implement them immediately.

    3. Confidentiality
    The Lowell Public Schools recognizes that both the alleged target(s)/victim(s) and alleged aggressor(s)/perpetrator(s) have strong interest in maintaining the confidentiality of an allegation and related information. The privacy of the alleged target(s)/victim(s), alleged aggressor(s)/perpetrator(s) and all witnesses will be respected and maintained consistent with legal obligations to investigate, to take appropriate action and to comply with the discrimination, harassment, racism Prevention and Intervention Plan.