discussion/action rockville, maryland april 20, 2021

DISCUSSION/ACTION

MONTGOMERY COUNTY BOARD OF EDUCATION

Rockville, Maryland

April 20, 2021

MEMORANDUM

To: Members of the Board of Education

From: Patricia B. O’Neill, Chair, Board of Education Policy Management Committee

Subject: Tentative Action, Board Policy ACF, Sexual Harassment

On May 6, 2020, the U.S. Department of Education promulgated regulations to govern reporting,

investigation, and remedy of incidents of sexual harassment as a form of sexual discrimination

under Title IX of the Education Amendments of 1972, as amended. These regulations set forth

a definition of sexual harassment and specific reporting, investigation, and training procedures

for K‒12 education institutions as well as postsecondary educational institutions receiving federal

education funds.

The Policy Management Committee (Committee) reviewed Policy ACF, Sexual Harassment,

in response to the Board of Education September 22, 2020, resolution suspending Board

Policy ACF (Resolution No. 445-20) while the Committee developed revisions in alignment with

the requirements of the new federal Title IX regulations.

The Committee met on October 22, 2020, and March 26, 2021, to review draft Policy ACF.

The Committee proposes renaming Policy ACF, Sexual Misconduct and Sexual Harassment

of Students, and designating the scope of the revised Policy ACF to address sexual misconduct

among students and sexual harassment of students. The Committee simultaneously is offering

a companion resolution that proposes a new draft Policy ACI, Sexual Harassment of Employees,

to relocate portions of the existing Policy ACF relevant to sexual harassment of employees.

The Committee now is recommending that the proposed draft amendments to Board Policy ACF,

Sexual Harassment, be approved for Tentative Action and sent out for public comments.

The Committee Recommended Draft is included as Attachment A; the September 22, 2020, Board

of Education resolution is included as Attachment B; and the existing Policy ACF, Sexual

Harassment, is included as Attachment C.

Members of the Board of Education 2 April 20, 2021

The following resolution is provided for your consideration:

WHEREAS, The Montgomery County Board of Education has articulated a long-standing

commitment that Montgomery County Public Schools students, employees, and third parties shall

learn and work in an environment free of sexual harassment; and

WHEREAS, The Policy Management Committee has developed draft amendments to Policy ACF,

Sexual Harassment, changing the title to Sexual Misconduct and Sexual Harassment of Students,

and relocating portions of the existing Policy ACF relevant to sexual harassment of employees

to a new draft Policy ACI, Sexual Harassment of Employees; and

WHEREAS, The Policy Management Committee has developed draft amendments to Policy ACF,

Sexual Harassment, in compliance with state and federal requirements for the reporting,

investigation, and remedy of incidents of harassment; and

WHEREAS, Draft amendments to Board Policy ACF, Sexual Harassment, were reviewed

by the Policy Management Committee on March 26, 2021; now therefore be it

Resolved, That the Board of Education take tentative action on draft Board Policy ACF, Sexual

Harassment, and be it further

Resolved, That draft Board Policy ACF, Sexual Harassment, be sent out for public comment.

PBO:SPW:sd

Attachments

Committee Recommended Draft

4/20/21

ACF

1 of 20

Related Entries: ACA, ACB, ACE, ACF-RA, IGP-RA, GEG, JFA, JFA-1

RA, JGA-RB, JGA-RC, JHC, JHC-RA, JHF, JHF-RA 2

3

Responsible Offices: Chief of Staff, Montgomery County Public 4

Schools – Student Welfare and Compliance Unit; 5

Human RelationsOffice of Employee Engagement 6

and Labor Relations 7

8

9

Sexual Misconduct and Sexual Harassment of Students 10

11

12

A. PURPOSE13

14

To affirm the Board of Education’s opposition to prohibit 15

sexual misconduct and sexual harassment ion the Montgomery 16

County pPublic sSchool (MCPS) property system 17

18

To establish explicitly the responsibilities of all MCPS 19

employees and students by defining conduct which constitutes 20

prohibited and inappropriate behaviors 21

22

To create a mandate the to development of educational programs 23

designed to help MCPS employees and students recognize, 24

understand, prevent, and report take corrective action to end 25

sexual misconduct and sexual harassment 26

27

To establish the framework for effective procedures for 28

Attachment A


4/20/21

ACF

2 of 20

addressing complaints of sexual misconduct and sexual 29

harassment complaints 30

31

B. ISSUE 32

33

1. The Montgomery County Board of Education (Board) does 34

not tolerate sexual misconduct or sexual harassment of 35

any kind of, or by, students in its educational programs 36

and activities, or property, under any circumstances. 37

For the purposes of this policy, MCPS property means any 38

school or other facility including grounds owned or 39

operated by MCPS, MCPS buses, and other MCPS vehicles 40

and the facility and/or grounds of any MCPS-sponsored 41

program or activity, which includes locations, events, 42

or circumstances over which MCPS exercises substantial 43

control over the individuals involved and the context in 44

which alleged harassment occurred. 45

46

Inappropriate sexual conduct will not be tolerated and 47

may constitute sexual harassment. 48

2. Students, employees, and third parties have a right to 49

be free from sexual harassment. The Board is committed 50

to the creation and maintenance of an educational 51

environment in which all persons are free from all forms 52

of sexual misconduct and sexual harassment, and to the 53

prevention, correction, and discipline of behavior which 54

violate this policy. 55

Sexual harassment is an unlawful form of discrimination on 56


4/20/21

ACF

3 of 20

the basis of sex under Title VII of the Civil Rights Act of 57

1964, as amended in 1972 and 1991, Title IX of the Education 58

Amendments of 1972, and Article 49B of the Annotated Code of 59

Maryland. Some forms of sexual harassment may also constitute 60

criminal conduct resulting in criminal penalties as has 61

occurred in some cases already decided. By issuing a single, 62

comprehensive policy statement, the Board of Education seeks 63

to clarify and reaffirm its commitment to ensuring that all 64

MCPS employees and students are provided with a work and 65

learning environment that is free of sexual harassment. 66

C. POSITION It is the responsibility of every supervisor 67

and principal to recognize acts of sexual harassment and take 68

necessary action to ensure that such instances are addressed 69

swiftly, fairly, and effectively. Consequently, all MCPS 70

administrative and supervisory staff in schools, offices, and 71

other facilities shall be cognizant of, and responsible for, 72

effectively implementing the sexual harassment complaint 73

resolution procedures established in this policMCPS does not 74

condone or tolerate any form of sexual harassment of, or by, 75

staff or students. MCPS is committed to the creation and 76

maintenance of a learning and work environment in which all 77

persons who participate in school programs and activities can 78

do so in an atmosphere free from all forms of sexual 79

harassment. The superintendent of schools is directed to 80

make every effort to make certain that everyone affected by 81

this policy shall be informed of its provisions and also that 82

infractions of it may be in violation of Federal or Maryland 83

civil and/or criminal laws. It is the intention of MCPS to 84


4/20/21

ACF

4 of 20

take whatever action may be needed to prevent, correct, and, 85

if necessary, discipline behavior which violates this policy. 86

87

31. Definitions 88

89

a) Sexual misconduct 90

91

(1) Sexual misconduct includes verbal, written, or 92

physical behavior, directed at an individual, 93

or against a particular group, because of that 94

individual’s or group’s actual or perceived 95

sex, sexual orientation, gender identity, 96

gender expression, marital status, 97

pregnancy/parenting status, and/or sex-based 98

stereotyping, based on conformance or 99

nonconformance to stereotypical notions of 100

masculinity or femininity, when the conduct is 101

unwelcome and meets the following criteria: 102

103

(a) Submission to or rejection of the conduct 104

is made either explicitly or implicitly 105

a term or condition of an individual’s 106

education, or participation in a MCPS 107

activity or program; or 108

109

(b) Submission to or rejection of the conduct 110

is used as the basis for, or as a factor 111

in decisions affecting an individual’s 112


4/20/21

ACF

5 of 20

education, or participation in a MCPS 113

activity or program; or 114

115

(c) The conduct has the purpose or effect of 116

creating an intimidating, hostile, or 117

offensive environment for an 118

individual’s education, or participation 119

in an MCPS activity or program; or 120

121

(d) The conduct unreasonably interferes with 122

an individual’s education, or ability to 123

participate in a MCPS activity or 124

program; and 125

126

(2) The conduct is sufficiently severe or 127

pervasive that it alters the terms, 128

conditions, or privileges of an individual’s 129

education, or participation in a MCPS activity 130

or program. 131

132

(3) Conduct may be verbal or nonverbal, written, 133

or electronic. 134

135

b) Sexual harassment 136

137

(1) Conduct considered sexual harassment is 138

actionable under Title IX of the Education 139

Amendments of 1972, and its implementing 140


4/20/21

ACF

6 of 20

regulations, and other civil rights laws, 141

including 42 U.S.C. Section 1983 (Title IX), 142

as interpreted by the U.S. Department of 143

Education, if a MCPS student experiences 144

defined as unwelcome sexual advances, requests 145

for sexual favors, and other inappropriate 146

verbal, written, or physical conduct of a 147

sexual nature that takes place under any of 148

the following circumstances one or more of the 149

following: 150

151

(a) When submission to such conduct is made, 152

explicitly or implicitly, a term or 153

condition of employment, instruction, or 154

participation in other school 155

activitiesAn MCPS employee conditioning 156

the provision of an MCPS aid, benefit, or 157

service on an individual’s participation 158

in unwelcome sexual conduct; or 159

160

(b) When submission to or rejection of such 161

conduct by an individual is used by the 162

offender as the basis for making 163

personnel or academic decisions 164

affecting the individual subjected to 165

sexual advancesUnwelcome conduct 166

determined by a reasonable person to be 167

so severe, pervasive, and objectively 168


4/20/21

ACF

7 of 20

offensive that it effectively denies a 169

person equal access to MCPS’sMCPS’s 170

educational programs or activities; or 171

172

(c) When such conduct has the effect of 173

unreasonably interfering with the 174

individual’s work and/or academic 175

performance or creating an intimidating, 176

hostile, or offensive work or learning 177

environment“Sexual assault,” “dating 178

violence,” “domestic violence,” or 179

“stalking” as defined in federal law. 180

181

(2) For purposes of this policy, conduct does not 182

constitute prohibited sexual harassment in 183

violation of this policy if it occurred – 184

185

(a) outside the United States; or 186

187

(b) under circumstances in which MCPS did not 188

have substantial control over both the 189

harasser and the context in which the 190

harassment occurred. 191

192

(3) Whether conduct is sufficient to constitute 193

sexual harassment under Title IX is evaluated 194

under the totality of the circumstances, 195

including the frequency of the conduct, its 196


4/20/21

ACF

8 of 20

severity, whether it is physically threatening 197

or humiliating, or merely an offensive conduct 198

or utterance. These factors are evaluated 199

from both subjective and objective viewpoints, 200

considering not only the effect that the 201

conduct actually had on the person, but also 202

the impact it would likely have had on a 203

reasonable person in the same situation. 204

205 (4) Conduct that does not meet the elements of 206

sexual harassment, as defined in federal law, 207

may constitute sexual misconduct which is also 208

subject to investigation and discipline in 209

accordance with Board Policy JHF, Bullying, 210

Harassment, or Intimidation, the Student Code 211

of Conduct in MCPS, and the MCPS Employee Code 212

of Conduct. 213

(3) 214

215

c) Conduct that may be considered sexual misconduct or 216

sexual harassment may include, but is not limited 217

to, offensive jokes, slurs, epithets or name 218

calling, physical assaults or threats, 219

intimidation, ridicule or mockery, insults or put-220

downs, offensive objects or pictures. 221

222

d) A third party is any person, other than a MCPS 223

employee or student, who participates in MCPS 224


4/20/21

ACF

9 of 20

activities or is present on MCPS property and is 225

under the authority or control of MCPS, and may 226

include, but is not limited to parents/guardians, 227

mentors, volunteers, vendors, contractors, 228

coaches, and others with whom employees and/or 229

students interact on MCPS property. 230

231

C. POSITION 232

233

1. The superintendent of schools is directed to make every 234

effort to make certain that everyone affected by this 235

policy shall be informed of its provisions and also 236

informed that infractions of the policy may be in 237

violation of state or federal civil and/or criminal 238

laws, resulting in criminal penalties. 239

240

2. This policy applies to all incidents of sexual 241

harassment of a MCPS student. It addresses incidents 242

committed by students, employees, or third parties. 243

244 3. Sexual harassment can occur between any persons, as 245

single or repeated incidents. 246

247

43. Application Reporting and Supportive Measures 248

Sexual harassment committed by students of either 249

sex against students or staff of the opposite or 250

same sex constitutes inappropriate behavior. 251

a) Students, or their parents/guardians, experiencing 252


4/20/21

ACF

10 of 20

or witnessing sexual misconduct or sexual 253

harassment of a student should report the matter to 254

their principal or other MCPS staff member who will 255

guide them in the reporting and investigation 256

process as well as other supportive measures. 257

258

b) In all cases of sexual misconduct or sexual 259

harassment, all involved parties students will be 260

notified of available supportive measures. that 261

school counselors are available for counseling. 262

Supportive measures include, but are not limited 263

to, counseling, extensions of deadlines or other 264

course-related adjustments, modifications of class 265

schedules, or mutual restrictions on contact 266

between the parties. 267

268 c) The Board prohibits retaliation against an 269

individual who reports sexual misconduct or sexual 270

harassment in either an oral or written complaint, 271

or who participates in or cooperates with an 272

investigation. 273

274 5. Investigations 275

276

All allegations of sexual misconduct or sexual 277

harassment committed against students by students, MCPS 278

employees, contractors, vendors, or volunteers will be 279

investigated by the principal or designee in 280


4/20/21

ACF

11 of 20

collaboration with the Student Welfare and Compliance 281

Unit and in accordance with requirements of state and 282

federal laws. 283

using the guidelines of Section E of this policy. 284

285

2. Application to Employees 286

287

This policy applies to all sexual harassment incidents 288

involving MCPS employees. It addresses incidents 289

committed by a person of either sex against a person of 290

the opposite or same sex. It also establishes that it 291

is against policy and recognizes that it is unlawful for 292

MCPS employees to commit acts of sexual harassment. 293

Depending on the severity of the offense, any MCPS 294

employee who violates this policy shall be subject to 295

appropriate disciplinary action. These may include but 296

are not limited to oral or written reprimand, 297

reassignment, demotion, suspension, or termination. In 298

all cases, parties will be notified that the Employee 299

Assistance Program is available for them. 300

301

b) Dating or sexual relationships between employees 302

and students or adult volunteers and students is 303

prohibited. 304

305

4. Application to Others 306

307

Employees and students also have a right to be free from 308


4/20/21

ACF

12 of 20

sexual harassment by others, including, but not limited 309

to contractors, vendors, and volunteers. The supervisor 310

or principal or designee is responsible for 311

investigating and taking or recommending appropriate 312

action to address complaints of sexual harassment 313

committed by others. 314

315

D. DESIRED OUTCOMES 316

317

1. All MCPS employees and students are being educated to 318

recognize inappropriate sexual behavior conduct in all 319

its forms that which may constitute sexual misconduct or 320

sexual harassment. and 321

322

2. All students and employees are enabled to respond with 323

actions to prevent, correct, and/or eliminate these 324

offensive behaviorsreport sexual misconduct or sexual 325

harassment. from the MCPS system. 326

327 3. Effective and legally compliant measures for reporting, 328

investigating, responding, and providing supportive 329

measures are established and implemented. 330

331 4. MCPS students, employees, and third parties shall learn 332

and work in an environment free of sexual harassment. 333

334

E. IMPLEMENTATION PRINCIPLES AND GUIDELINES AND STRATEGIES 335

336


4/20/21

ACF

13 of 20

1. Principles and Guidelines 337

a) Any MCPS employee or student who believes that he/she has 338

been subjected to sexual harassment has the right to file a 339

complaint and to receive prompt and appropriate handling of her/his 340

complaint. In all phases of the complaint resolution process, 341

every reasonable effort shall be made to maintain the 342

confidentiality and protect the privacy of all parties, consistent 343

with MCPS’ responsibility to investigate and address such 344

complaints. 345

b) b) Any MCPS employee or student who believes that he/she 346

has been subjected to sexual harassment should report such conduct 347

promptly, orally or in writing, , to the immediate 348

supervisor/principal , designated representative, or in a case 349

involving an employee, directly to the Equal Employment 350

Opportunity (EEO) Officer or Title IX compliance officer in the 351

Department of Human Relations. The supervisor/principal will 352

report to the EEO officer or Title IX compliance officer, any 353

complaint received regarding sexual harassment involving 354

employees. If the complaint involves MCPS employees, the 355

investigation will be conducted by the supervisor/principal or the 356

Department of Personnel Services through the Office of the 357

Associate Superintendent for Supportive Services in coordination 358

with the EEO Officer or Title IX compliance officer If the 359

complaint involves only students, the investigation will be 360

carried out in accordance with the provisions in Regulation JFA-361

RA: Implementation of Student Rights and Responsibilities for 362

allegations of misconduct. 363

c) The full circumstances of the situation will be considered in 364


4/20/21

ACF

14 of 20

the investigation of possible harassment incidents. In 365

determining whether the alleged conduct constitutes sexual 366

harassment, consideration shall be given to the record of the 367

incident as a whole and to the totality of the circumstances, 368

including the context in which the alleged incidents occurred. 369

Employees and students should be aware that they are responsible 370

for their conduct even if the conduct was not specifically intended 371

to harass. 372

d) Retaliation against an individual who either orally reports 373

or files a written complaint regarding sexual harassmentor who 374

participates in or cooperates with an investigation is prohibited. 375

The right to confidentiality, both of the complainant and the 376

accused, shall be preserved consistent with applicable laws and 377

MCPS’ responsibility to investigate and address such complaints. 378

e) MCPS employees and students should seek guidance, support, 379

and/or advocacy in addressing matters related to sexual harassment 380

or inappropriate behavior of a sexual nature. Employees of the 381

Department of Human Relations, Employee Assistance, and the Office 382

of Student Affairs are to be available for these services. 383

2. Strategies 384

385

1. The superintendent of schools will – direct the EEO 386

officer to coordinate the implementation of this policy. 387

Implementation activities will include, but not be 388

limited to: 389

390

a) appoint a Title IX Coordinator to coordinate the 391

implementation of this policy and related federal 392


4/20/21

ACF

15 of 20

and state laws and regulations; 393

394

b) a) develop regulations to implement this policy 395

in compliance with Title IX, including 396

investigative procedures that lead to the prompt 397

and equitable resolution of a complaint and the 398

provision of supportive measures as appropriate; 399

400

c) eEducateion of all staff and students and 401

parents/guardians about this policy and associated 402

federal and state laws prohibiting sexual 403

misconduct or sexual harassment and how a student 404

may file a complaint, or receive assistance, by 405

widely disseminating information in documents such 406

as announcements, bulletins, brochures, 407

applications, contracts, and other communications; 408

409

b) Publication and dissemination of information 410

to all MCPS employees and students that will inform 411

them of this policy, what sexual harassment is, 412

what the individual can do, and where to go for 413

help 414

415

d) c) conduct professional development to support 416

MCPS employees in implementing this policy, and 417

provide – 418

419

(1) annual Development of mandatory training 420


4/20/21

ACF

16 of 20

seminars and in-service programs for all 421

principals, supervisors, and administrators 422

to all employees to ensure the appropriate 423

implementation of this policy. These training 424

programs shall be designed to:; and 425

426

(2) (1) a code of conduct and other guidance for 427

students, employees and others on MCPS 428

property with clear standards for responsible 429

behavior and appropriate conduct; and 430

Inform them of their duties, responsibilities, 431

and potential liabilities as workplace 432

managers when dealing with incidents involving 433

sexual harassment 434

(2) Assist them in developing training programs 435

for MCPS employees dealing with sexual 436

harassment to inform them of the policy, what 437

sexual harassment is, what the individual can 438

do, and where to go for help. The aim of such 439

training is to ensure increased awareness of 440

inappropriate behaviors prohibited by this 441

policy and other state and federal laws on 442

sexual harassment. 443

(3) Provide clear guidelines and assistance for 444

handling appropriately all incidents of sexual 445

harassment in MCPS. 446

447

ed) Implement the Comprehensive Health Education 448


4/20/21

ACF

17 of 20

instructional program for all students as required 449

by Maryland law; and 450

451

f) utilize other Appropriate opportunities as 452

appropriate to educate students about matters 453

related to sexual misconduct and sexual harassment 454

in order to develop behaviors and attitudes that 455

mitigate against inappropriate sexual overtures and 456

pressures in school, work, and social settings. 457

Programs and curricula such as the Comprehensive 458

Guidance and Counseling Program, which already 459

include related competencies or objectives, should 460

include student materials regarding sexual 461

harassment. K-12 curricular modifications that 462

integrate activities and skill building to help 463

students understand and overcome sexual harassment 464

problems should be introduced as soon as possible. 465

466

2. Any student who violates this policy shall be subject to 467

appropriate disciplinary action responsive to the 468

offense in accordance with the MCPS Student Code of 469

Conduct. 470

471

3. Depending on the severity of the offense, appropriate 472

disciplinary action, from a conference to suspension or 473

expulsion, can be taken using the discipline policies 474

adopted by the Board of Education.At any time, a student 475

alleging a violation of Title IX, including but not 476


4/20/21

ACF

18 of 20

limited to sexual harassment, may file a complaint with 477

the U.S. Department of Education’s Office for Civil 478

Rights (OCR). A student is not required to file a 479

complaint with MCPS before or after making a complaint 480

with the U.S. Department of Education’s Office for Civil 481

Rights: 482

483

U.S. Department of Education, Office of Civil 484

Rights 485

OCR Electronic Complaint Form 486

(http://www.ed.gov/about/offices/list/ocr/complai487

ntintro.html); or 488

U.S. Department of Education, Office for Civil 489

Rights 490

Lyndon Baines Johnson Department of Education 491

Building 492

400 Maryland Avenue, SW 493

Washington, DC 20202-1100 494

495

4. At any time, a student alleging crimes of a sexual nature 496

may report or file a complaint directly with law 497

enforcement: 498

499

Montgomery County Police Department 500

Special Victims Investigation Division 501

100 Edison Park Drive 502

Gaithersburg, MD 20878 503

504

https://www2.ed.gov/about/offices/list/ocr/complaintintro.html

http://www.ed.gov/about/offices/list/ocr/complaintintro.html

http://www.ed.gov/about/offices/list/ocr/complaintintro.html


4/20/21

ACF

19 of 20

Or, the Safe Schools Maryland Tip Line 1-833-MD-B-505

SAFE 506

507

508

F. REVIEW AND REPORTING 509

510

1. The superintendent of schools will report quarterly to 511

the Board of Education on reported sexual harassment and 512

sexual misconduct incidents and other compliance efforts 513

as required in this policy. The incident . Rreports 514

shall include quantitative as well as qualitative 515

monthly incident aggregated incident data from the 516

preceding quarter. The compliance report shall include 517

for both MCPS staff and students; complaint and 518

resolution process evaluations and improvements; 519

training statistics and schedules; ongoing evaluation 520

of work environments in all MCPS schools, offices, and 521

work locations; and, any other activities being planned 522

or carried out by MCPS that are relevant to the 523

successful implementation of this policy. 524

525

2. This policy will be reviewed on an on-going basis in 526

accordance with the Board of Education policy review 527

process. 528

529

530

531

Related Sources: Title VII of the Civil Rights Act of 1964, as 532


4/20/21

ACF

20 of 20

amended, 42 U.S.C. §2000e et seq; Title IX of 533

the Education Amendments of 1972, 20 U.S.C. 534

§1681 et seq; 29 C.F.R. §1604,11; 34 C.F.R 535

106.30(a); Annotated Code of Maryland, 536

Education Article, §6-104, §7-303.1,§7-424, 537

§7-424.1, §7-424.3, and §11-60; Annotated Code 538

of Maryland, State Government Article, Title 539

20, Human Relations; Student Code of Conduct 540

in MCPS; MCPS Employee Code of Conduct; MCPS 541

Guidelines for Student Gender Identity 542

543

544

545

Policy History: Adopted by Resolution No. 837-92, November 23, 546

1992; amended by Resolution No. 466-96, June 24, 1996; amended . 547

548

DISCUSSION/ACTION

MONTGOMERY COUNTY BOARD OF EDUCATION Rockville, Maryland

September 22, 2020

MEMORANDUM

To: Members of the Board of Education

From: Patricia B. O’Neill, Chair, Board of Education Policy Management Committee

Subject: Temporary Suspension of Policy ACF, Sexual Harassment

On May 6, 2020, the U.S. Department of Education promulgated regulations to govern reporting, investigation, and discipline of incidents of sexual harassment as a form of sexual discrimination under Title IX of the Education Amendments of 1972, as amended. These regulations set forth a definition of sexual harassment and specific reporting, investigation, and training procedures for Grades K-12 education institutions as well as postsecondary educational institutions receiving federal education funds.

In advance of the August 14, 2020, effective date established by the Department of Education, Montgomery County Public Schools (MCPS) staff from the Student Welfare Compliance Unit, the Office of Employee Engagement and Labor Relations, and the Office of the General Counsel extensively researched and revised training materials, reporting and investigation procedures, and other required measures to be fully compliant with the federal regulations as of the effective date.

In order to affirm the intention of MCPS to comply fully with federal Title IX requirements, the following resolution is offered by Board action until the Board’s Policy Management Committee considers and revises Board Policy ACF, Sexual Harassment.

The following resolution is provided for your consideration:

WHEREAS, 20 U.S.C. § 1681 et seq. authorizes and directs school districts receiving federal financial assistance to effectuate Title IX of the Education Amendments of 1972, as amended; and

WHEREAS, On May 6, 2020, the United States Department of Education, Office of Civil Rights, published the final rule amending Title IX regulations at 34 C.F.R. Part 106; and

WHEREAS, The amended Title IX regulations were effective as of August 14, 2020; and

WHEREAS, The Montgomery County Board of Education has previously adopted prohibitions against discrimination on the basis of sex in MCPS programs or activities, as set forth in Policy ACA, Nondiscrimination, Equity, and Cultural Proficiency, Policy ACF, Sexual Harassment, and Policy JHF, Bullying, Harassment, or Intimidation; and

Resolution 442-20

Attachment B

Members of the Board of Education 2 September 22, 2020 WHEREAS, The Chief of Staff, Montgomery County Public Schools, oversees the Title IX Coordinator in the Student Welfare and Compliance Unit, who coordinates compliance with state and federal requirements regarding discrimination on the basis of sex; and WHEREAS, The MCPS Nondiscrimination Statement meets federal requirements to publicize the contact information for the Title IX Coordinator, on all major MCPS publications; now therefore be it Resolved, That the Board of Education hereby implements all aspects of the federal Title IX regulations, including, but not limited to, updated definitions of sexual harassment, equal treatment in responding to complaints of sexual harassment including notices to all parties as required, and an objective grievance process; and be it further Resolved, That the Board of Education will temporarily suspend Board Policy ACF, Sexual Harassment, and authorizes the superintendent of schools to establish required procedures while the Board’s Policy Management Committee revises Policy ACF to align with requirements of the new federal regulations.

PBO:SPW:sd:vvd Attachment

ACF

1 of 6

POLICY BOARD OF EDUCATION OF MONTGOMERY COUNTY

Related Entries: ACA, ACB, ACE, ACF-RA, GEG, JFA-RA

Responsible Office: Human Relations

Sexual Harassment

A. PURPOSE

To affirm the Board of Education’s opposition to sexual harassment in the Montgomery

County public school system

To establish explicitly the responsibilities of all MCPS employees and students by defining

conduct which constitutes prohibited and inappropriate behaviors

To create a mandate to develop educational programs designed to help MCPS employees and

students recognize, understand, prevent, and take corrective action to end sexual harassment

To establish the framework for effective procedures for addressing harassment complaints

B. ISSUE

Inappropriate sexual conduct will not be tolerated and may constitute sexual harassment.

Sexual harassment is an unlawful form of discrimination on the basis of sex under Title VII

of the Civil Rights Act of 1964, as amended in 1972 and 1991, Title IX of the Education

Amendment of 1972, and Article 49B of the Annotated Code of Maryland. Some forms of

sexual harassment may also constitute criminal conduct resulting in criminal penalties as has

occurred in some cases already decided.

By issuing a single, comprehensive policy statement, the Board of Education seeks to clarify

and reaffirm its commitment to ensuring that all MCPS employees and students are provided

with a work and learning environment that is free of sexual harassment.

C. POSITION

MCPS does not condone or tolerate any form of sexual harassment of, or by, staff or

students.

MCPS is committed to the creation and maintenance of a learning and work environment in

which all persons who participate in school programs and activities can do so in an

ATTACHMENT A

ACF

2 of 6

atmosphere free from all forms of sexual harassment. The superintendent is directed to make

every effort to make certain that everyone affected by this policy shall be informed of its

provisions and also that infractions of it may be in violation of Federal or Maryland civil

and/or criminal laws. It is the intention of MCPS to take whatever action may be needed to

prevent, correct, and, if necessary, discipline behavior which violates this policy.

It is the responsibility of every supervisor and principal to recognize acts of sexual

harassment and take necessary action to ensure that such instances are addressed swiftly,

fairly, and effectively. Consequently, all MCPS administrative and supervisory staff in

schools, offices, and other facilities shall be cognizant of, and responsible for, effectively

implementing the sexual harassment complaint resolution procedures established in this

policy.

1. Definition

Sexual harassment is defined as unwelcome sexual advances, requests for sexual

favors, and other inappropriate verbal, written, or physical conduct of a sexual nature

that takes place under any of the following circumstances:

a) When submission to such conduct is made, explicitly or implicitly, a term or

condition of employment, instruction, or participation in other school

activities

b) When submission to or rejection of such conduct by an individual is used by

the offender as the basis for making personnel or academic decisions

affecting the individual subjected to sexual advances

c) When such conduct has the effect of unreasonably interfering with the

individual’s work and/or academic performance or creating an intimidating,

hostile, or offensive work or learning environment

2. Application to Employees

a) This policy applies to all sexual harassment incidents involving MCPS

employees. It addresses incidents committed by a person of either sex against

a person of the opposite or same sex. It also establishes that it is against

policy and recognizes that it is unlawful for MCPS employees to commit acts

of sexual harassment. Depending on the severity of the offense, any MCPS

employee who violates this policy shall be subject to appropriate disciplinary

action. These may include but are not limited to oral or written reprimand,

reassignment, demotion, suspension, or termination. In all cases, parties will

be notified that the Employee Assistance Program is available for them.

ATTACHMENT A

ACF

3 of 6

b) Dating or sexual relationships between employees and students or adult

volunteers and students is prohibited.

3. Application to Students

Sexual harassment committed by students of either sex against students or staff of the

opposite or same sex constitutes inappropriate behavior. All allegations will be

investigated by the principal using the guidelines of Section E of this policy.

Depending on the severity of the offense, appropriate disciplinary action, from a

conference to suspension or expulsion, can be taken using the discipline policies

adopted by the Board of Education. In all cases, students will be notified that school

counselors are available for counseling.

4. Application to Others

Employees and students also have a right to be free from sexual harassment by

others, including, but not limited to contractors, vendors, and volunteers. The

supervisor or principal is responsible for investigating and taking or recommending

appropriate action to address complaints of sexual harassment committed by others.

D. DESIRED OUTCOME

All MCPS employees and students are being educated to recognize inappropriate sexual

behavior in all its forms which may constitute sexual harassment and are enabled to respond

with actions to prevent, correct, and/or eliminate these offensive behaviors from the MCPS

system.

E. IMPLEMENTATION PRINCIPLES AND GUIDELINES AND STRATEGIES

1. Principles and Guidelines

a) Any MCPS employee or student who believes that he/she has been subjected

to sexual harassment has the right to file a complaint and to receive prompt

and appropriate handling of her/his complaint. In all phases of the complaint

resolution process, every reasonable effort shall be made to maintain the

confidentiality and protect the privacy of all parties, consistent with MCPS’

responsibility to investigate and address such complaints.

b) Any MCPS employee or student who believes that he/she has been subjected

to sexual harassment should report such conduct promptly, orally or in

writing, to the immediate supervisor/principal, a designated representative, or

ATTACHMENT A

ACF

4 of 6

in a case involving an employee, directly to the Equal Employment

Opportunity (EEO) Officer or Title IX compliance officer in the Department

of Human Relations. The supervisor/principal will report to the EEO officer

or Title IX compliance officer, any complaint received regarding sexual

harassment involving employees. If the complaint involves MCPS

employees, the investigation will be conducted by the supervisor/principal or

the Department of Personnel Services through the Office of the Associate

Superintendent for Supportive Services in coordination with the EEO Officer

or Title IX compliance officer. If the complaint involves only students, the

investigation will be carried out in accordance with the provisions in

Regulation JFA-RA: Implementation of Student Rights and Responsibilities

for allegations of misconduct.

c) The full circumstances of the situation will be considered in the investigation

of possible harassment incidents. In determining whether the alleged conduct

constitutes sexual harassment, consideration shall be given to the record of

the incident as a whole and to the totality of the circumstances, including the

context in which the alleged incidents occurred. Employees and students

should be aware that they are responsible for their conduct even if the

conduct was not specifically intended to harass.

d) Retaliation against an individual who either orally reports or files a written

complaint regarding sexual harassment or who participates in or cooperates

with an investigation is prohibited. The right to confidentiality, both of the

complainant and the accused, shall be preserved consistent with applicable

laws and MCPS’ responsibility to investigate and address such complaints.

e) MCPS employees and students should seek guidance, support, and/or

advocacy in addressing matters related to sexual harassment or inappropriate

behavior of a sexual nature. Employees of the Department of Human

Relations, Employee Assistance, and the Office of Student Affairs are to be

available for these services.

2. Strategies

The superintendent will direct the EEO officer to coordinate the implementation of

this policy. Implementation activities will include, but not be limited to:

a) Education of all staff and students about this policy and associated federal

and state laws prohibiting sexual harassment by widely disseminating

information in documents such as announcements, bulletins, brochures,

applications, contracts, and other communications

ATTACHMENT A

ACF

5 of 6

b) Publication and dissemination of information to all MCPS employees and

students that will inform them of this policy, what sexual harassment is, what

the individual can do, and where to go for help

c) Development of mandatory training seminars and in-service programs for all

principals, supervisors, and administrators to ensure the appropriate

implementation of this policy. These training programs shall be designed to:

(1) Inform them of their duties, responsibilities, and potential liabilities

as workplace managers when dealing with incidents involving sexual

harassment

(2) Assist them in developing training programs for MCPS employees

dealing with sexual harassment to inform them of the policy, what

sexual harassment is, what the individual can do, and where to go for

help. The aim of such training is to ensure increased awareness of

inappropriate behaviors prohibited by this policy and other state and

federal laws on sexual harassment.

(3) Provide clear guidelines and assistance for handling appropriately all

incidents of sexual harassment in MCPS.

d) Appropriate opportunities to educate students about matters related to sexual

harassment in order to develop behaviors and attitudes that mitigate against

inappropriate sexual overtures and pressures in school, work, and social

settings. Programs and curricula such as the Comprehensive Guidance and

Counseling Program, which already include related competencies or

objectives, should include student materials regarding sexual harassment. K-

12 curricular modifications that integrate activities and skill building to help

students understand and overcome sexual harassment problems should be

introduced as soon as possible.

F. REVIEW AND REPORTING

1. The superintendent will report quarterly to the Board of Education on reported sexual

harassment incidents. Reports shall include quantitative as well as qualitative

monthly incident aggregate data for both MCPS staff and students; complaint and

resolution process evaluations and improvements; training statistics and schedules;

ongoing evaluation of work environments in all MCPS schools, offices, and work

locations; and any other activities being planned or carried out by MCPS that are

relevant to the successful implementation of this policy.

ATTACHMENT A

ACF

6 of 6

2. This policy will be reviewed on an on-going basis in accordance with the Board of

Education policy review process.

Policy History: Adopted by Resolution No. 837-92, November 23, 1992; amended by Resolution No. 466-96, June 24, 1996.

ATTACHMENT A

Attachment C

discussion/action rockville, maryland april 20, 2021

Documents