The Falmouth Public Schools believes in the multi-cultural, multi-ethnic, and multi-racial community of Falmouth. We must be aware that what we say, do, think, allow to happen, or fail to stop has the power to harm or to help our students, their families, our colleagues, and ultimately ourselves. Remarks and actions that negatively impact members of our community are not acceptable. There are times when each of us is a member of a majority and times when we are in a minority. Each of us must be sensitive to the people around us and work for a school community and world in which we will be judged only by the content of our character. We are working to support fully the formal notice of non-discrimination below, and we want to know of any situation that might be in non-compliance.

Falmouth Public Schools does not discriminate in admission to, access to, treatment in, or employment in its services, programs and activities, on the basis of race, color or national origin, in accordance with Title VI of the Civil Rights Act of 1964 (Title VI); on the basis of sex, in accordance with Title IX of the Education Amendments of 1972; on the basis of disability, in accordance with Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (ADA); or on the basis of age, in accordance with the Age Discrimination Act of 1974 (Age Discrimination Act). Nor does it discriminate on the basis, race, color, sex, gender identity, religion, national origin, sexual orientation, disability, pregnancy or pregnancy related condition, or homeless status in accordance with Chapter 622 of the Acts of 1971 (MGL c.76, §5) and MGL c. 151B.

No person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against by the Falmouth Public Schools on the basis of race, color, sex, sexual orientation, gender identity, disability, pregnancy or pregnancy related condition, active marital status, familial status, genetic information, ancestry, national origin, ethnic background, immigration status, English language proficiency, religion, military/veteran status, homeless status, age, or any other category protected by state or federal law in the administration of its educational and employment policies or in its programs and activities.

To file a complaint alleging discrimination or harassment by Falmouth Public Schools on the basis of race, color, sex, gender identity, religion, national origin, sexual orientation, disability, age, pregnancy or pregnancy related condition, or homeless status or to make inquiry concerning the application of Title VI, Title IX, Section 504, the ADA, the Age Discrimination Act, or applicable state laws and their respective implementing regulations, please contact:

Falmouth Public Schools

340 Teaticket Highway

East Falmouth, MA 02536

508-548-0151

            For students: Attn: Dr. Joan Woodward, Director of Student Services

            For faculty/staff: Attn: Dr. Joany Santa, Director of Human Resources

Inquiries concerning the applicability of the aforementioned federal laws and regulations to Falmouth Public Schools also may be referred to the U.S. Department of Education, Office for Civil Rights (OCR), JW McCormack POCH, Boston, Massachusetts 02109-4557, telephone (617) 223-9662, TTY (617) 223-9695.

A grievant may file a complaint with OCR, generally,

• within 180 calendar days of alleged discrimination or harassment, or
• within 60 calendar days of receiving notice of Falmouth Public School’s final disposition on a complaint filed through Falmouth Public Schools, or
• within 60 calendar days of receiving a final decision by the Massachusetts Department of Elementary and Secondary Education, Bureau of Special Education Appeals, or
• instead of filing a complaint with Falmouth Public Schools.

Inquiries relative to state law may be referred to the Massachusetts Department of Elementary and Secondary Education, 75 Pleasant Street, Malden, MA 02148-4906 (telephone 781-338-3000) or the Massachusetts Commission Against Discrimination at One Ashburton Place, Boston, MA 02108 (telephone 617-727-3990).

The Falmouth Public Schools shall maintain a learning and working environment free from discrimination and harassment. In both the education and employment environments of the Falmouth Public Schools, various laws prohibit discrimination and harassment. In an education context, law prohibits discrimination and harassment on the basis of race, color, sex, gender identity, religion, national origin, sexual orientation, disability, pregnancy or pregnancy related condition, or homeless status. In an employment context, law also prohibits discrimination and harassment on the basis of age. All such harassment and discrimination is unlawful and will not be tolerated in the Falmouth Public Schools, MGL c. 76, §5.

In September, principals are responsible for reviewing and ensuring that all staff are notified in writing annually of the building procedures for filing a report relative to incidents of discrimination and/or harassment.

Defining Discrimination and Harassment

Discrimination: Discrimination occurs when school district’s actions, procedures, policy or personnel treat an individual adversely in an educational or employment context solely on the basis of the individual's race, color, religion, national origin or ancestry, citizenship, sex, age, gender identity, disability, sexual orientation, marital status, military status, homelessness, or any other class protected by federal, state or local law. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment.

Sexual Harassment: Sexual harassment is unwelcome sexual advances; requests for sexual favors; or other verbal or physical conduct of a sexual nature may constitute sexual harassment where:

1. submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or educational development.
   
   
2. submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual.
   
   
3. such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile, or offensive working or educational environment.

Sexual harassment includes advances, requests or conduct by a student to a student, an adult to a student, an adult to an adult or student to adult. Sexual harassment can include advances, requests or conduct directed from male to female, female to male, male to male, or female to female. Sexual harassment can occur by conduct transmitted by telephone, computer, or other electronic means.

Examples of actions that may constitute sexual harassment include, but are not limited to, the following unwelcome actions:

• whistling, catcalling or making offensive noises;
  
  
• staring or making obscene gestures;
  
  
• making suggestive remarks, telling jokes of a sexual nature, or using derogatory sexual terms;
  
  
• displaying offensive photographs, illustrations, or sex related objects;
  
  
• blocking a person's movements;
  
  
• touching, brushing, pinching or patting;
  
  
• pulling or lifting of clothing;
  
  
• pressuring a person for dates, sex or information about personal relationships or sexual experiences; or
  
  
• leaving pictures of a homosexual or sexual nature on a locker or making derogatory comments of a homosexual nature;
  
  
• transmitting harassing remarks or pictures on the Internet, through a cell phone, or by other electronic

Other Forms of Illegal Harassment Including Hate Crimes: Harassment on the basis of race, color, religion, national origin or ancestry, citizenship, sex, age, gender identity, disability, sexual orientation, marital status, military status, homelessness, or any other class protected by federal, state or local law includes any unwanted physical or verbal action toward another that has the purpose or effect of creating an intimidating, hostile or offensive learning or working environment. Harassment of this form includes advances, requests by a student to a student, an adult to a student, an adult to an adult, student to adult, male to female, female to male, male to male and female to female. Harassment can occur by face-to-face interaction or via transmission by telephone, computer, or other electronic means.

Examples of actions that may constitute harassment include, but are not limited to, the following:

• using racial slurs;
  
  
• displaying intimidating symbols or words such as swastikas;
  
  
• making generalizations;
  
  
• using stereotypes;
  
  
• telling racial or ethnic jokes;
  
  
• leaving pictures of a sexual nature;
  
  
• transmitting harassing remarks or pictures on the Internet, through a cell phone, or by other electronic means.

Harassment in the Form of Bullying:  Although not unlawful discrimination, actions in the form of bullying or victimizing (hate crimes) by any members of the Falmouth school community will be considered harassment under the “Falmouth School Committee Policy on Harassment and Discrimination Prevention.” A student is being bullied or victimized when the student is exposed to negative actions from students, Falmouth Public Schools' employees, or other third parties that have the purpose or effect of substantially interfering with the student's school performance or creates an intimidating, hostile, or offensive learning environment for the student.

Examples may include but are not limited to:

• physical threatening (bullying);
  
  
• making derogatory comments of a homosexual nature;
  
  
• making derogatory comments about peoples' size, weight, height, disability; or
  
  
• making derogatory comments about peoples' perceived intelligence or ability.

Where Can Harassment Originate?

Harassment can come from:

• students;
  
  
• administrators, teachers, coaches or other employees of the Falmouth Public Schools; or
  
  
• third parties such as vendors or contractors doing business with the Falmouth Public Schools; or
  
  
• visitors or volunteers present within the schools with the permission of the Falmouth Public Schools.

Statements Made Within the Context of the Academic Curriculum:  This policy is not meant to stifle or chill the free exchange of ideas in the teaching and learning environment. It should be understood that in the teaching and learning environment, in order to encourage the learning process, statements, writings or visuals may occasionally take on overtones that could be offensive to some individuals. Teachers should use professional discretion when considering whether to include potentially offensive material in the curriculum and then inform students when this is the case and assure them that it is part of the learning environment and not meant to be discriminatory or harassing.

What to do if you feel you have been Discriminated Against or Harassed

Students: Any student who believes they have been subjected to discrimination or harassment should notify any teacher, guidance counselor, nurse, school or district administrator, or any central office administrator. To effectively resolve complaints of discrimination or harassment, people are encouraged to file complaints soon after an incident occurs. A student may elicit the help of a parent/guardian or other adult to accompany and assist them throughout the complaint procedure. Parents/guardians will be notified within forty-eight (48) hours.

What to do if you are aware that Someone has been Discriminated Against or Harassed

Students: Any student who has knowledge or belief of conduct that occurred that might be discrimination or harassment should contact any teacher, guidance counselor, nurse, school or district administrator, or any central office administrator.

Consequences for Harassment and Discrimination

Students: Any student found to have engaged in discrimination or harassment will be subject to school-imposed discipline and/or legal action. Consequences imposed on any student found to have engaged in discrimination or harassment may include, but are not limited to, parent/guardian conference, written or verbal statement of apology, suspension, expulsion and mandatory counseling sessions with a counselor or mandatory in-house counseling sessions with a district administrator. Parents/guardians will be notified within 48 hours.