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.
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Attachments
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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