School District Policy on Sexual Harassment and Discrimination, Slides of Human Rights

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Appendix A: Sample School Policies 55 A: Sample Policies Appendix A: Sample School Policies • Arizona Sample School Policy Prohibiting Harassment and Violence • Minnesota Sample School Board Policy Prohibiting Harassment and Violence • Vermont Model Anti-Harassment Policy • Legislative Rules of the Board of Education of West Virginia • Model Memorandum of Understanding between New Jersey Education and Law Enforcement Officials • Comprehensive Plan of the Edmonds (WA) School District 56 Protecting Students from Harassment and Hate Crime A: Sa mp le Po lic ies Appendix A: Sample School Policies 59 A: Sample Policies Any other person with knowledge or belief that a student has or may have been the victim of sexual harassment or harassment based on race, color, national origin, or disability as set forth above, is encouraged to immediately report the alleged acts to an appropriate School District official designated by this policy. The School District encourages the reporting party or complainant to use the report form available from the principal of each building or available from the School District office, but oral reports shall be considered complaints as well. Use of formal reporting forms is not mandated. Nothing in this policy shall prevent any person from reporting harassment directly to a District Human Rights officer or to the superintendent. A. In each school building, the [building principal] is the person responsible for receiving oral or written reports of sexual harassment, or harassment based on race, color, national origin, or disability at the building level. Any adult School District personnel who receives a report of sexual harassment, or harassment based on race, color, national origin, or disability shall inform the building principal immediately. Upon receipt of a report, the principal must notify the School District Human Rights officer immediately, without screening or investigating the report. The principal may request but may not insist upon a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the principal to the Human Rights officer. If the report was given verbally, the principal shall personally reduce it to written form within 24 hours and forward it to the Human Rights officer. Failure to forward any harassment report or complaint as provided herein will result in disciplinary action against the principal. If the complaint involves the building principal, the complaint shall be made or filed directly with the Superintendent or the School District Human Rights officer by the reporting party or the complainant. B. The School Board has designated: ____________________ ___________________________________________________________________________ as the School District Human Rights officer with responsibility to identify, prevent, and remedy harassment. The District Human Rights officer shall • receive reports or complaints of sexual harassment, and harassment based on race, color, national origin, or disability; • oversee the investigative process; • be responsible for assessing the training needs of the District’s staff and students in connection with the dissemination, comprehension, and compliance with this policy; • arrange for necessary training required for compliance with this policy; and • insure that any investigation is conducted by an impartial investigator who has been trained in the requirements of equal educational opportunity, including harassment, and who is able to apply procedural and substantive standards which are necessary and applicable to identify unlawful harassment, recommend appropriate discipline and remedies when harassment is found, and take other appropriate action to rectify the damaging effects of any prohibited discrimination, including interim protection of the victim during the course of the investigation. If any complaint involves a Human Rights officer, the complaint shall be filed directly with the Superintendent. The School District shall conspicuously post this policy against harassment and violence in each school that the District maintains, in a place accessible to students, faculty, administrators, employees, parents and members of the public. This notice shall include the name, mailing address and telephone number of the Human Rights officer, [the name, mailing address and telephone number of the state agency responsible for investigating allegations of discrimination in educational opportunities,] and the mailing address and telephone number of the United States Department of Education, Office for Civil Rights. C. A copy of this policy shall appear in the student handbook and shall be made available upon request of parents, students, and other interested parties. D. The School Board will develop a method of discussing this policy with students and employees. Training on the requirements of non-discrimination and the appropriate responses to issues of harassment will be provided to all school personnel on an annual basis, and at such other times as the School Board in consultation with the District Human Rights officer determines is necessary or appropriate. E. This policy shall be reviewed at least annually for compliance with state and federal law. F. The School District will respect the privacy of the complainant, the individuals against whom the complaint is filed, and the witnesses as much as possible, consistent with the District’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. IV. INVESTIGATION Upon receipt of a report or complaint alleging sexual harassment, or harassment based upon race, national origin, or disability, the Human Rights officer shall immediately undertake or authorize an investigation. That investigation may be conducted by School District officials or by a third party designated by the School District. The investigation may consist of personal interviews with the complainant, the individual against whom the complaint is filed, and others who have knowledge of the alleged incident or circumstances giving rise to the complaint. The investigation may also consist of the evaluation of any other information or documents which may be relevant to the particular allegations. In determining whether the alleged conduct constitutes a violation of this policy, the School District shall consider • the nature of the behavior • how often the conduct occurred • whether there were past incidents or past continuing patterns of behavior • the relationship between the parties involved • the race, national origin, sex and age of the victim • the identity of the perpetrator, including whether the perpetrator was in a position of power over the student allegedly subjected to harassment 60 Protecting Students from Harassment and Hate Crime A: Sa mp le Po lic ies • the number of alleged harassers • the age of the alleged harasser • where the harassment occurred • whether there have been other incidents in the school involving the same or other students • whether the conduct adversely affected the student’s education or educational environment • the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. The investigation shall be completed [no later than fourteen days from receipt of the report]. The School District Human Rights officer shall make a written report to the Superintendent upon completion of the investigation. If the complaint involves the Superintendent, the report may be filed directly with the School Board. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. The School District Human Rights officer’s obligation to conduct this investigation shall not be extinguished by the fact that a criminal investigation involving the same or similar allegations is also pending or has been concluded. V. SCHOOL DISTRICT ACTION A. Upon receipt of a report that a violation has occurred, the School District will take prompt, appropriate formal or informal action to address, and where appropriate, remediate the violation. Appropriate actions may include but are not limited to counseling, awareness training, parent-teacher conferences, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. School District action taken for violation of this policy shall be consistent with the requirements of applicable collective bargaining agreements, state and federal law, and School District policies for violations of a similar nature or similar degree of severity. In determining what is an appropriate response to a finding that harassment in violation of this policy has occurred, the School District shall consider • what response is most likely to end any ongoing harassment • whether a particular response is likely to deter similar future conduct by the harasser or others • the amount and kind of harm suffered by the victim of the harassment • the identity of the party who engaged in the harassing conduct • whether the harassment was engaged in by school personnel, and if so, the School District will also consider how it can best remediate the effects of the harassment. In the event that the evidence suggests that the harassment at issue is also a crime in violation of an Arizona criminal statute, the School Board shall also direct the School District Human Rights officer to report the results of the investigation to the appropriate law enforcement agency charged with responsibility for handling such crimes. B. The results of the School District’s investigation of each complaint filed under these procedures will be reported in writing to the complainant and other parties by the School District in accordance with state and federal laws regarding data or records privacy, and consistent with the privacy rights of the alleged harasser. C. If the results of the School District’s evaluation of a complaint of harassment results in a conclusion that an individual has engaged in unlawful harassment in violation of this policy, or that school personnel have failed to report harassment as required herein, that individual may appeal this determination by use of established School Board procedures for appealing other adverse personnel and/or education related actions. If the results of the School District’s evaluation of a complaint of harassment results in a conclusion that no unlawful harassment has occurred, an individual who was allegedly subjected to harassment and believes that this conclusion is erroneous may appeal this determination by use of established School Board procedures for appealing other adverse personnel and/or education related actions. D. Copies of all complaints of harassment and the investigations conducted pursuant to them shall be maintained for a period of [two years] at the [main administrative offices of the School District]. VI. REPRISAL Submission of a good faith complaint or report of sexual harassment, or harassment based upon race, color, disability or national origin will not affect the complainant or reporter’s future employment, grades, learning or working environment or work assignments. The School District will discipline or take appropriate action against any student, teacher, administrator or other school personnel who retaliates against any person who reports an incident of alleged sexual, racial, ethnic or disability related harassment or violence, or any person who testifies, assists or participates in a proceeding, investigation or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. Appendix A: Sample School Policies 61 A: Sample Policies REPORT FORM FOR REPORTS OR COMPLAINTS OF SEXUAL HARASSMENT, AND HARASSMENT BECAUSE OF RACE, NATIONAL ORIGIN, AND DISABILITY Complainant _______________________________________ Home Address _____________________________________ Work Address ______________________________________ Home Phone _______________________________________ Work Phone _______________________________________ Date of alleged incident(s)_____________________________ Did the incidents involve sexual harassment ________ racial harassment _______ harassment because of national origin __________ harassment because of disability __________ (circle all that apply) Name of person you believe harassed you or another person:___________________________________________ If the alleged harassment was toward another person, identify that other person ___________________ Describe the incident as clearly as possible, including such things as what force, if any, was used, any verbal statements (i.e. threats, requests, demands, etc.), what, if any physical contact was involved. Attach additional pages as necessary. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ When and where did the incident occur?______________________________________________ List any witnesses who were present:_____________________________________________ This complaint is based upon my honest belief that __________________________________________ has harassed me or another person. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge. ______________________________ (complainant’s signature) ______________________________ (date) ______________________________ (received by) ______________________________ (date) DISTRICT POLICY AGAINST SEXUAL HARASSMENT, AND HARASSMENT BASED UPON RACE, NATIONAL ORIGIN, AND DISABILITY 1. Everyone at _____________________________________ has a right to feel respected and safe. Consequently, we want you to know about our policy to prevent sexual harassment, and harassment because of race, national origin, and disability. 2. A harasser may be a student or an adult. Harassment may include the following when related to sex, race, national origin, or disability: a. name calling b. pulling on clothing c. graffiti d. notes or cartoons e. unwelcome touching of a person or clothing f. offensive or graphic posters or book covers; or g. violent acts 3. If any words or actions make you feel uncomfortable or fearful, you need to tell a teacher, counselor, the principal or the Human Rights officer. 4. You may also make a written report. It should be given to a teacher, counselor, the principal or the Human Rights officer. 5. Your right to privacy will be respected as much as possible. 6. We take seriously all reports of sexual harassment, and harassment based upon race, national origin, and disability, and will take all appropriate action to investigate such claims, to eliminate that harassment, and to discipline any persons found to have engaged in such conduct. 7. The School District will also take action if anyone tries to intimidate you or take action to harm you because you made such a report. 8. This is a summary of this district’s policy against sexual harassment, and harassment because of race, national origin, and disability. A complete copy of the policy is available at the ____________ office upon request. SEXUAL HARASSMENT AND HARASSMENT BASED ON RACE, NATIONAL ORIGIN, AND DISABILITY ARE AGAINST THE LAW. DISCRIMINATION IS AGAINST THE LAW. Contact: _____ _______________________________________ Human Rights Officer ____________________________________________ Address ___________________________________________ Telephone 64 Protecting Students from Harassment and Hate Crime A: Sa mp le Po lic ies primary genital area, groin, inner thigh, buttocks or breast, as well as the clothing covering these areas. Sexual violence may include, but is not limited to: (i) touching, patting, grabbing or pinching another person’s intimate parts, whether that person is of the same sex or the opposite sex; (ii) coercing, forcing or attempting to coerce or force the touching of anyone’s intimate parts; (iii)coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another; or (iv)threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another. E. Racial Violence: Definition. Racial violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race. F. Religious Violence: Definition. Religious violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion. G. Assault: Definition. Assault is: (i) an act done with intent to cause fear in another of immediate bodily harm or death; (ii) the intentional infliction of or attempt to inflict bodily harm upon another; or (iii) the threat to do bodily harm to another with present ability to carry out the threat. III. REPORTING PROCEDURES Any person who believes he or she has been the victim of religious, racial or sexual harassment or violence by a pupil, teacher, administrator or other school personnel of the School District, or any person with knowledge or belief of conduct which may constitute religious, racial or sexual harassment or violence toward a pupil, teacher, administrator or other school personnel should report the alleged acts immediately to an appropriate School District official designated by this policy. The School District encourages the reporting party or complainant to use the report form available from the principal of each building or available from the School District office, but oral reports shall be considered complaints as well. Nothing in this policy shall prevent any person from reporting harassment or violence directly to a District Human Rights Officer or to the Superintendent. A. In Each School Building. The building principal is the person responsible for receiving oral or written reports of religious, racial or sexual harassment or violence at the building level. Any adult School District personnel who receives a report of religious, racial or sexual harassment or violence shall inform the building principal immediately. Upon receipt of a report, the principal must notify the School District Human Rights Officer immediately, without screening or investigating the report. The principal may request, but may not insist upon, a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the principal to the Human Rights Officer. If the report was given verbally, the principal shall personally reduce it to written form within 24 hours and forward it to the Human Rights Officer. Failure to forward any harassment or violence report or complaint as provided herein will result in disciplinary action against the principal. If the complaint involves the building principal, the complaint shall be made or filed directly with the Superintendent or the School District Human Rights Officer by the reporting party or complainant. B. In the District. The School Board hereby designates ____________ as the School District Human Rights Officer(s) to receive reports or complaints of religious, racial or sexual harassment or violence. If the complaint involves a Human Rights Officer, the complaint shall be filed directly with the Superintendent. (In some School Districts the Superintendent may be the Human Rights Officer. If so, an alternative individual should be designated by the School Board.) The School District shall conspicuously post the name of the Human Rights Officer(s), including mailing addresses and telephone numbers. C. Submission of a good faith complaint or report of religious, racial or sexual harassment or violence will not affect the complainant or reporter’s future employment, grades or work assignments. D. Use of formal reporting forms is not mandatory. E. The School District will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the School District’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. IV. INVESTIGATION By authority of the School District, the Human Rights Officer, upon receipt of a report or complaint alleging religious, racial or sexual harassment or violence, shall immediately undertake or authorize an investigation. The investigation may be conducted by School District officials or by a third party designated by the School District. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator. In determining whether alleged conduct constitutes a violation of this policy, the School District should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in Appendix A: Sample School Policies 65 A: Sample Policies which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. In addition, the School District may take immediate steps, at its discretion, to protect the complainant, pupils, teachers, administrators or other school personnel pending completion of an investigation of alleged religious, racial or sexual harassment or violence. The investigation will be completed as soon as practicable. The School District Human Rights Officer shall make a written report to the Superintendent upon completion of the investigation. If the complaint involves the Superintendent, the report may be filed directly with the School Board. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. V. SCHOOL DISTRICT ACTION A. Upon receipt of a report, the School District will take appropriate action. Such action may include, but is not limited to: warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. School District action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law and School District policies. B. The result of the School District’s investigation of each complaint filed under these procedures will be reported in writing to the complainant by the School District in accordance with state and federal law regarding data or records privacy. VI. REPRISAL The School District will discipline or take appropriate action against any pupil, teacher, administrator or other school personnel who retaliates against any person who reports alleged religious, racial or sexual harassment or violence or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. VII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Minnesota Department of Human Rights, initiating civil action or seeking redress under state criminal statutes and/or federal law. VIII. HARASSMENT OR VIOLENCE AS ABUSE Under certain circumstances, alleged harassment or violence may also be possible abuse under Minnesota law. If so, the duties of mandatory reporting under Minnesota Statutes Section 626.556 may be applicable. Nothing in this policy will prohibit the School District from taking immediate action to protect victims of alleged harassment, violence or abuse. IX. DISSEMINATION OF POLICY AND TRAINING A. This policy shall be conspicuously posted throughout each school building in areas accessible to pupils and staff members. B. This policy shall appear in the student handbook. C. The School District will develop a method of discussing this policy with students and employees. D. This policy shall be reviewed at least annually for compliance with state and federal law. 66 Protecting Students from Harassment and Hate Crime A: Sa mp le Po lic ies INDEPENDENT SCHOOL DISTRICT NO.___ RELIGIOUS, RACIAL OR SEXUAL HARASSMENT AND VIOLENCE REPORT FORM General Statement of Policy Prohibiting Religious, Racial or Sexual Harassment Independent School District No.___ maintains a firm policy prohibiting all forms of discrimination. Religious, racial or sexual harassment or violence against students or employees is discrimination. All persons are to be treated with respect and dignity. Sexual violence, sexual advances or other forms of religious, racial or sexual harassment by any pupil, teacher, administrator or other school personnel, which create an intimidating, hostile or offensive environment will not be tolerated under any circumstances. Complainant_______________________________________ Home Address__________________________________________ Work Address__________________________________________ Home Phone_______________________________________ Work Phone_______________________________________ Date of Alleged Incident(s)________________________________________ Circle as appropriate: sexual racial religious. Name of person you believe harassed or was violent toward you or another person. _________________________________________________ _________________________________________________ If the alleged harassment or violence was toward another person, identify that person.___________________________________________ Describe the incident(s) as clearly as possible, including such things as: what force, if any, was used, any verbal statements (i.e. threats, requests, demands, etc.); what, if any, physical contact was involved, etc. (Attach additional pages if necessary.) ___________________________________________________ ___________________________________________________ ________________________________________________________ Where and when did the incident(s) occur? ___________________________________________________________________ ____________________________________________________________________________ List any witnesses who were present. ___________________________________________________ _____________________________________________________________________________ This complaint is filed based on my honest belief that __________________ has harassed or has been violent to me or to another person. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge and belief. ________________________________________________ (Complainant Signature) (Date) Received by ____________________________ (Date) *** ATTENTION *** DISTRICT ______ POLICY AGAINST RELIGIOUS, RACIAL AND SEXUAL HARASSMENT AND VIOLENCE 1. Everyone at District _____ has a right to feel respected and safe. Consequently, we want you to know about our policy to prevent religious, racial or sexual harassment and violence of any kind. 2. A harasser may be a student or an adult. Harassment may include the following when related to religion, race, sex or gender: a. name calling, jokes or rumors; b. pulling on clothing; c. graffiti; d. notes or cartoons; e. unwelcome touching of a person or clothing; f. offensive or graphic posters or book covers; or g. any words or actions that make you feel uncomfortable, embarrass you, hurt your feelings or make you feel bad. 3. If any words or action make you feel uncomfortable or fearful, you need to tell a teacher, counselor, the principal or the Human Rights Officer, ___________________________ 4. You may also make a written report. It should be given to a teacher, counselor, the principal or the Human Rights Officer. 5. Your right to privacy will be respected as much as possible. 6. We take seriously all reports of religious, racial or sexual harassment or violence and will take all appropriate actions based on your report. 7. The School District will also take action if anyone tries to intimidate you or take action to harm you because you have reported. 8. This is a summary of the School District policy against religious, racial and sexual harassment and violence. Complete policies are available in the _______________ office upon request. RELIGIOUS. RACIAL AND SEXUAL HARASSMENT AND VIOLENCE ARE AGAINST THE LAW. DISCRIMINATION IS AGAINST THE LAW. CONTACT: _________________________ HUMAN RIGHTS OFFICER Appendix A: Sample School Policies 69 A: Sample Policies In the event that the school employee is unable to personally take prompt and appropriate action, the employee must report the incident or complaint in writing to the appropriate Supervisory Union/School District/harassment complaint official(s) designated by this policy. Any student or other person who believes that unlawful harassment of a student has occurred may inform any school employee or one of the harassment complaint officials. Any student who believes that s/he has been the target of unlawful harassment as defined in this policy may bring their complaint to the attention of any school employee or the harassment complaint official. Any student who believes that any corrective action taken by a school employee was ineffective may bring their complaint to the attention of the harassment complaint official. The complaint may be made either orally or in writing. The following are the harassment complaint officials: ____________________________ (name) ____________________________ (title) ____________________________ (name) ____________________________ (title) If one of the harassment complaint officials is the person alleged to be engaged in the harassment, the complaint shall be filed with one of the alternative officials or any other school employee the student chooses. ** [ Italics and brackets indicate language that is not required but is recommended as best practice ] [Process Informal Procedure It may be possible to resolve a complaint through a voluntary conversation between the complaining student and the alleged harasser which is facilitated by a school employee or by a designated harassment complaint official. If the complaining student or alleged harasser is a student under the age of 18, the harassment complaint official should notify the student’s parent(s)/guardian(s) if, after initial consultation with the student, it is determined to be in the best interests of the student. Both the complaining student and the alleged harasser may be accompanied by a person of their choice for support and guidance. If the complaining student and the alleged harasser feel that a resolution has been achieved, then the conversation may remain confidential and no further action needs to be taken. The results of an informal resolution shall be reported by the facilitator, in writing, to the Superintendent and to the School Principal. If the complaining student, the alleged harasser, or the school employee/harassment complaint official, chooses not to utilize the informal procedure, or feels that the informal procedure is inadequate or has been unsuccessful, s/he may proceed to the formal procedure. Any complaint against a school employee shall be handled through the formal procedure. Formal Procedure Step 1 The harassment complaint official shall fill out a harassment complaint form based on the written or verbal allegations of the complaining student. This complaint form shall be kept in a centralized and secure location. A) The complaint form shall detail the facts and circumstances of the incident or pattern of behavior. B) If a student under 18 years of age is involved, his/her parents shall be notified immediately unless, after consultation with the student, it is determined not to be in the best interests of the student. C) An investigation shall be completed by the harassment complaint official within 14 calendar days from the date of the complaint or report. Step 2 The investigation may consist of personal interviews with the complaining student, the alleged harasser and any other individuals who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. In determining whether alleged conduct constitutes a violation of this policy, the harassment complaint official should consider the surrounding circumstances, any relevant documents, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. In addition, the ____________ Supervisory Union and/or School District may take immediate steps, at its discretion, to protect the complaining student, alleged harasser, witnesses, and school employees pending completion of an investigation of alleged harassment and may make any appropriate referrals for assistance, including but not limited to counseling, rape crisis intervention, etc. The investigation will be completed as soon as practicable, but no later than fourteen (14) calendar days from the complaint or report. The harassment complaint official shall make a written report to the Superintendent and the School Principal upon completion of the investigation. The report shall include a determination as to whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. Step 3 Following the investigation, the harassment complaint official shall recommend to the Superintendent and/or School Principal what action, if any, is required. The Supervisory Union and/or School District shall take appropriate action in all cases where the harassment complaint official concludes that this 70 Protecting Students from Harassment and Hate Crime A: Sa mp le Po lic ies policy has been violated.. Any person who is determined to have violated this policy shall be subject to action, including but not limited to, warning, exclusion, suspension, expulsion, transfer, termination, discharge or any other remedial action, including but not limited to, training, education, or counseling. Action taken for violation of this policy shall be consistent with the requirements of any applicable collective bargaining agreement, Supervisory Union and/or School District policy, state and federal law, including but not limited to the due process protections for students with disabilities. Step 4 The Superintendent and/or School Principal shall maintain the written report of the investigation and results in his/her office. In the case of an investigation conducted by a school district, the Superintendent shall receive a copy of the investigation report and results. If the harassment complaint official concludes that the policy has been violated by a professional educator or administrator, a report of the findings shall be filed with the Licensing Office of the Vermont Department of Education. The complaining student and the alleged harasser shall be informed of the results of the investigation, including whether the allegations were found to be factual, whether there was a violation of the policy, and whether disciplinary action was or will be taken.] [* * * Reporting of potential physical and/or sexual abuse Several behaviors listed as sexual harassment (i.e., sexual touching, grabbing, pinching, being forced to kiss someone, being forced to do something other than kissing, sexual assault) may also constitute physical or sexual abuse. Sexual abuse is defined as any act or acts by any person involving sexual molestation or exploitation of a child, including but not limited to incest, prostitution, rape, sodomy or any lewd or lascivious conduct involving a child. Thus, under certain circumstances, alleged harassment may also be possible physical and/or sexual abuse under Vermont law. Such harassment or abuse is subject to the duties of mandatory reporting and must be reported to the Department of Social and Rehabilitation Services (SRS) within 24 hours of the time the educator becomes aware of the suspected abuse. Vermont Statutes, Title 33, Section 4911 et seq.] * * * (While not absolutely required by the statute, recent events and an Attorney General’s Opinion lead us to recommend that something like this paragraph be included in the procedures.) [Confidentiality The _______________ Supervisory Union and/or School District recognizes that both the complaining student and the alleged harasser have strong interests in maintaining the confidentiality of the allegations and related information. The privacy of the complaining student, the individual(s) against whom the complaint is filed, and the witnesses will be respected as much as possible, consistent with legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations.] Alternative Complaint Procedures In addition to, or instead of, filing a harassment complaint through this policy, a person may choose to exercise other options, including but not limited to filing a complaint with outside agencies or filing a private lawsuit. Outside Agencies A charge of harassment may also be investigated by the Vermont Human Rights Commission, [the Vermont Department of Education,] or the Office for Civil Rights of the U.S. Department of Education which may be contacted as follows: Office for Civil Rights, U.S. Department of Education, Region 1 McCormack Post Office and Courthouse Room 222, Post Office Square Boston, MA 02109-4557 (617) 223-9662 Vermont Human Rights Commission 135 State Street (2nd Floor) Drawer 33 Montpelier, VT 05633-1201 (802) 828-2480 [Vermont Department of Education 120 State Street Montpelier, VT 05620-2501 (802) 828-3135] [Litigation A student who has been harassed may file a lawsuit under a number of federal or state statutes (including Titles IV, VI, and IX of the federal Civil Rights Act of 1964, the Rehabilitation Act of 1973 and the Vermont Public Accommodations Act). He or she or his/her parent should consult with a private attorney about these rights and options.] Notice and Publication The School Board shall provide notice of the policy and procedures to students, custodial parents or guardians and school employees. Notice to students shall be in age-appropriate language and should include examples of harassment. At a minimum, the policy shall be conspicuously posted throughout each school building in areas accessible to all members of the school community. The notice shall also appear in the school handbook and any other publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for the school. There shall be procedures for publicizing, on an annual basis, the identity of the harassment complaint officials who are designated to receive complaints. The board shall use its discretion in developing and initiating age-appropriate programs to effectively inform students and school employees about the substance of the policy and procedures in order to help prevent harassment. Appendix A: Sample School Policies 71 A: Sample Policies Rules of the West Virginia Board of Education Executive Summary Policy 2421 Racial, Sexual, Religious/Ethnic Harassment and Violence Policy Public Comment Period Ended: November 15, 1996 Adopted: December 12, 1996 Background: Incidents of harassment against students and in some cases against school personnel seem to be increasing. Student performance in school can be adversely affected when harassment of any kind is present. School staff should also be protected from any form of harassment. Educational institutions should play a significant role in the process of eliminating all types of harassment. In 1994, the U.S. Office of Civil Rights recognized the commonalities of sexual and racial/ ethnic harassment and in 1992 the Supreme Court (Franklin vs. Gwinnett County) held school districts legally responsible for protecting students from sexual harassment by their staff members. Schools also have a moral and legal responsibility to prevent student to student harassment which occurs more often. Purpose: The purpose of these regulations is to assure that neither students nor staff are subjected to racial, sexual or religious/ ethnic harassment or violence, to outline prevention programs and reporting procedures and to delineate penalties for violations of this policy. It is the intent of the West Virginia Board of Education to assure that the learning and working environment is free from any type of harassment or violence. Contents: This policy defines harassment and violence, outlines reporting procedures and requires the development of prevention programs. Comments: The policy has been on public comment since September 1996. Approximately 30 individuals submitted comments and extensive suggested changes or additions were made by the West Virginia Human Rights Commission. Most of the comments were requesting that the Department of Education develop examples of local policies and assist in staff development. The Human Rights Commission comments suggested that county boards of education should be encouraged to involve community agencies in local policy development and prevention programs. These suggested changes have been made in the revised policy. Impact: Each county board of education, RESA and the state department of education will need to develop: a harassment prevention plan; a reporting and investigation system; and a system to assess the effectiveness of their efforts. In addition, each must develop an education program to explain the policies and procedures and to increase sensitivity and awareness of other races, cultures and religions as well as to help students and staff become more responsible in their behavior toward others. December 16, 1996 126 CSR 18 LEGISLATIVE RULES BOARD OF EDUCATION RACIAL, SEXUAL, RELIGIOUS/ETHNIC HARASSMENT AND VIOLENCE POLICY (2421) §126-18-1. General. 1.1. Scope. This rule sets the requirements for schools in West Virginia to be harassment and violence free. 1.2. Authority. West Virginia Constitution, Art XII §2 and West Virginia Code 18-2-5, 18-2-5a, and 18-2-7b. 1.3. Filing Date. December 16, 1996 1.4. Effective Date. January 16, 1997 1.5. Repeal of former rule — None §126-18-2. Purpose. 2.1. The purpose of these regulations is to prevent racial, sexual or religious/ethnic harassment or violence toward students and staff, to protect the academic environment, and to assure that our educational institutions respond to harassment and/or violence incidents when they occur in a manner that effectively deters future incidents and affirms respect for individuals. These regulations require county boards to design and implement prevention and response programs, to outline investigatory and reporting procedures and to delineate penalties for violations of this policy. To the extent possible, county boards will collaborate with other state and local agencies in carrying out the purpose of this rule. It is the intent of the State Board to ensure that the learning and working environments are free from any type of harassment or violence. §126-18-3. Application. 3.1. These regulations apply to any student, staff member or member of the public during any school related activity or during any education sponsored event whether in a building or other property used or operated by a county board of education, RESA or state department of education or in another facility being used by any of those agencies. The term “staff members,” as used in these regulations, shall encompass 74 Protecting Students from Harassment and Hate Crime A: Sa mp le Po lic ies policy. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, termination and revocation of licensure. 8.2. The head of the agency or the agency’s governing board shall also initiate such other action as is appropriate to ease tensions and to affirm the values of respect and understanding, in accordance with the agency’s plan developed pursuant to §126-18-5. 8.3. The head of the agency shall immediately file a report with the West Virginia Department of Education of all reports of harassment or violence when investigation shows that harassment or violence did occur and all action taken in response to the incident. §126-18-9. Reprisal. 9.1. The agency will develop discipline procedures to take appropriate action against any pupil, teacher, administrator or other school personnel who retaliates against any person who reports alleged religious/ethnic, racial or sexual harassment or violence or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. The agency will develop a discipline process to take appropriate action against any pupil, teacher, or administrator or other school personnel who falsely reports religious/ethnic, racial, or sexual harassment. §126-18-10. Right to Alternative Complaint Procedures. 10.1. These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the West Virginia Human Rights Commission, initiating civil action or seeking redress under the state criminal statutes and/or federal law. §126-18-11. Prevention Programs. 11.1. Each agency must develop and implement an education program for each programmatic level, K-4, 5-8, and 9-12, as well as a program for all faculty and staff. The programs, at a minimum, must: raise awareness of the different types of harassment; how it manifests itself; its devastating emotional and educational consequences; and its legal consequences. In addition, multicultural education programs must be developed and implemented for faculty, staff and students to foster an attitude of understanding and acceptance of individuals from a variety of cultural, ethnic, racial and religious backgrounds. § 126-18-12. Dissemination of Policy and Training. 12.1. This policy or a summary shall be conspicuously posted throughout each agency’s facilities in areas accessible to pupils and staff members. 12.2. This policy shall appear in the student and staff handbooks, and, if no handbook is available, a copy will be distributed to all students, faculty, and staff. 12.3. The agency will develop and implement training for students and staff on these regulations and on means for effectively promoting the goals of this policy. 12.4. The agency policy shall be reviewed at least bi-annually for compliance with state and federal law and state board of education policy. §126-18-13. Assessment of Effectiveness. 13.1. The West Virginia Department of Education will prepare an annual report to the West Virginia Board of Education to include: reported and substantiated incidences of harassment and/or violence; action taken in response to incidents; training and staff development offered by the agencies; and agency reported numbers and types of multicultural education offerings. December 16, 1996 Appendix A: Sample School Policies 75 A: Sample Policies SUGGESTED STUDENT HANDBOOK POLICY INFORMATION Racial, Sexual, Religious, Ethnic Harassment and Violence Policy (Policy 2421) It is the policy of ________ County Schools that racial, sexual, religious/ethnic harassment and violence will not be tolerated under any circumstances. We firmly believe that all persons are to be treated with respect and dignity. Harassment and violent incidents will be responded to in a manner that effectively deters future incidents. Racial, sexual, religious/ethnic harassment and violence refers to unwelcome and unwanted behavior related to sex, race, religion, or ethnic group that makes the recipient feel afraid, embarrassed, helpless, angry or unsafe or upsets the recipient to the point that he/she cannot learn, cannot teach or be effective at school or at his/her job. Harassment and violence is prohibited between staff members, between staff members and students, between students, and from members of the public directed at students or staff on school property or at school sponsored events. Some examples of harassment and violence may include, but are not limited to: unwelcome patting, pinching, or physical contact; obscene gesturing or calling someone gay; ethnic or racial slurs; or threats, insults, or assaults against someone due to their sex, race, religion or ethnic group. If a staff member or student feels that his/her emotional well- being, his/her sense of safety and security or sense of self- worth is being affected by such conduct, a complaint should be filed by contacting his/her school principal or by calling: Name of designated investigator(s): __________________________________________ (county or school determined) Name of county: __________________________________________ Phone number: __________________________________________ A complete copy of the WV Board of Education Policy 2421 may be obtained from the [local]____________Board of Education by calling ___________________. _______________COUNTY SCHOOLS HARASSMENT COMPLAINT FORM STUDENT COMPLAINT Name:_____________________________________________ Date:______________________________________________ School:____________________________________________ Who was responsible for the harassment?_________________________________________ ___________________________________________________________________ Describe the harassment._____________________________________________ ______________________________________________________________________________________________________________________________________ (Attach additional pages if necessary) Date(s), time(s), and place (places) the harassment occurred.___________________________________________ ______________________________________________________________________________________________________________________________________ Were there other individuals involved in the harassment?__________________ If so, name the individual(s) and what their role was._______________________________________________ ______________________________________________________________________________________________________________________________________ Did anyone witness the harassment?______ If so, name the witnesses.__________________________________________ ___________________________________________________________________ What was your reaction to the harassment? __________________________________________________ ______________________________________________________________________________________________________________________________________ Describe any prior incidents. __________________________________________________ ___________________________________________________________________ Signature of Complainant or Parents/Legal Guardians ___________________________________________________________________ White Copy: School Yellow Copy: County Office Pink Copy: Student/Parents Copy 76 Protecting Students from Harassment and Hate Crime A: Sa mp le Po lic ies Appendix A: Sample School Policies 79 A: Sample Policies need also to work with the victims of these acts so as to reduce their trauma, as well as to reduce and redress community tensions and fears by reaching out to victims and potential victims. ARTICLE II. DEFINITIONS. As used in this Memorandum of Agreement: “Hate crime” means any suspected or confirmed offense or unlawful act which is directed at or occurs to a person, private property, or public property on the basis of race, color, religion, sexual orientation or ethnicity. An offense is bias- based and thus constitutes a hate crime for the purposes of this Agreement if the motive for the commission of the offense or unlawful act is racial, religious, ethnic or pertains to sexual orientation. The designated bias incident offenses under New Jersey law are as follows: 1. Murder 11. Criminal Mischief 2. Manslaughter 12. Damage to Property; Threat of Violence (N.J.S.A. 2C:33-11) 3. Rape 13. Weapons Offense 4. Robbery 14. Sex offenses (other than rape) 5. Aggravated Assault 15. Terroristic Threats 6. Burglary 16. Trespass 7. Larceny-Theft 17. Disorderly Conduct 8. Simple Assault 18. Harassment 9. Fear of Bodily Violence 19. Desecration of Venerated (N.J.S.A 2C:33-1O) Objects 10. Arson “Bias incident” means any suspected or confirmed act which is directed against or occurs to a person, private property, or public property on the basis of race, color, religion, sexual orientation or ethnicity. An act is bias-based and thus constitutes a bias incident for the purposes of this Memorandum of Agreement if the motive for the commission of the act is racial, religious, ethnic or pertains to sexual orientation. A bias incident need not involve an act which constitutes an offense. In order more fully to understand what conduct constitutes a hate crime or bias incident, the ————- County Prosecutor’s Office, working in conjunction with the Attorney General’s Office of Bias Crime and Community Relations, will develop materials which provide examples of conduct which constitutes a hate crime or bias incident, as well as materials which describe the elements of the designated bias incident offenses under New Jersey law. These materials shall be made available to persons participating in training programs provided pursuant to Article VII of this Memorandum of Agreement, and should be consulted in determining whether a given act constitutes a hate crime or bias incident. Any questions concerning whether a given act constitutes a hate crime or bias incident may be directed to the ————- County Prosecutor’s Office in accordance with the provisions of Article VI C. of this Memorandum of Agreement. ARTICLE III. REFERRAL PROCEDURES. A. Mandatory Referral of Suspected Hate Crimes. Whenever any school employee in the course of his or her employment develops reason to believe that 1) a hate crime or bias incident has been committed or is about to be committed on school property or has been or is about to be committed by any student, whether on or off school property and whether or not such offense was or is to be committed during operating school hours, or 2) that a student enrolled in the school has been or is about to become the victim of a hate crime or bias incident, whether committed on or off school property or during operating school hours, the school employee shall immediately notify the building principal and superintendent, who in turn shall promptly notify the ————- Police Department and the Bias Investigation Officer for the ————- County Prosecutor’s Office, provided however that the building principal or superintendent of schools will immediately notify the ————- Police Department or the — ———- County Prosecutor’s Office Bias Officer where there is any reason to believe that an act of violence has been or is about to be physically committed against a student or there is otherwise reason to believe that a life has been or will be threatened. B. Presumptive Referral of Suspected Bias Incidents. Whenever any school employee in the course of his or her employment develops reason to believe that a bias incident has been committed or is about to be committed on school property, or has been or is about to be committed by any student, whether on or off school property and whether or not such bias incident was or is to be committed during operating school hours, the school employee should immediately notify the building principal and superintendent, who in turn should promptly notify the ———— Police Department. In deciding whether to refer the matter to the ————- Police Department or ————— County Prosecutor’s Office, the principal of the school or his or her designee should consider the nature and seriousness of the conduct and the risk that the conduct posed to the health, safety or well-being of any student, school employee or member of the general public. The building principal and superintendent should also consider that the ————— Police Department or the ————— County Prosecutor’s Office may possess or have access to other information which could put the suspected bias incident in proper context, could shed light on the motivation for the act, or may help to identify the person who committed the suspected bias incident or some other unsolved hate crime. Furthermore, the building principal and superintendent should consider the possibility that the suspected bias incident could escalate or result in some form of retaliation which might occur within or outside school property. C. Nature of Referral It is understood and agreed that a mandatory or presumptive referral to the ————— Police Department or ————— 80 Protecting Students from Harassment and Hate Crime A: Sa mp le Po lic ies County Prosecutor’s Office pursuant to this Article is only a request to conduct an investigation and constitutes nothing more than the transmittal of information which might be pertinent to any such law enforcement investigation. The parties understand and agree that a referral pursuant to this Article is not an accusation or formal charge. Accordingly, it is understood and agreed that a referral pursuant to this Article is predicated on the basis of a reasonable suspicion, which is less than probable cause to believe that a hate crime or bias incident has been committed, less than the proof sufficient to sustain an adjudication of delinquency or a finding of guilt in a court of law, and less than the proof sufficient to justify the imposition of school discipline. Accordingly, and given the nature and purpose of a referral, the parties hereby agree and understand that all doubts should be resolved in favor of referring a matter to the ————- Police Department or the ————— County Prosecutor’s Office D. Concurrent Jurisdiction. Unless the ————— Police Department or the ————— County Prosecutor’s Office requests otherwise, it is understood and agreed that school officials may continue to investigate a suspected hate crime or bias incident occurring on school property, and may take such actions as are necessary and appropriate to redress and remediate any such act. The parties to this Agreement understand that school officials have an independent authority to conduct investigations and to discipline students who violate school rules, regulations or codes of conduct, which may include but need not be limited to the imposition of an in-school suspension. The parties understand that the imposition of such discipline does not in any way constitute “double jeopardy” or otherwise limit, preempt or preclude any appropriate action by a law enforcement agency, a Juvenile Conference Committee or a Juvenile Court. Where the ————— Police Department or the ————- County Prosecutor’s Office believes that the continuing conduct of a concurrent investigation, or the imposition of any form of school discipline, would in any way jeopardize an on- going law enforcement investigation, or otherwise endanger the public safety, the ————— Police Department or the — ———— County Prosecutor’s Office shall immediately notify the school principal and the superintendent of schools, whereupon the school principal and superintendent will immediately discontinue any ongoing school investigation, and will take no further action without providing notice to and receiving the assent of the ————— Police Department or the ————— County Prosecutor’s Office. ARTICLE IV. PRESERVATION OF EVIDENCE. The parties to this Agreement understand and appreciate the importance of delicately balancing the need to preserve physical evidence so that persons who commit hate crimes or bias incidents can be quickly apprehended and fully and fairly prosecuted, as against the need to minimize the harm associated with the continued exposure to children of bias- based graffiti and other forms of physical evidence of a bias crime or hate incident. School officials hereby agree to secure and preserve any such graffiti or other evidence of a suspected hate crime or bias incident pending the arrival of the ————— Police Department or the ————— County Prosecutor’s Office. Where feasible, such graffiti or other evidence should be covered or concealed in a manner designed to minimize the harm and continued exposure to students of such evidence, but which will not permanently damage or destroy such evidence or otherwise limit its utility in an ongoing investigation or prosecution. The —————— Police Department and the —————— County Prosecutor’s Office agree to photograph or otherwise document the location and content of any such graffiti or other bias-based evidence as soon as possible, so that such graffiti or other evidence may be permanently painted over, sandblasted, or otherwise removed or eliminated at the earliest opportunity. ARTICLE V. LAW ENFORCEMENT RESPONSE TO MANDATORY AND PRESUMPTIVE REFERRALS. A. Prompt Response. The ————— Police Department and the ————— County Prosecutor’s Office agree to treat all matters involving suspected or confirmed hate crimes or bias incidents occurring on school property or involving school-aged children as serious matters which warrant a prompt, decisive and thorough law enforcement response. The ————— Police department and/or the ————— County Prosecutor’s Office agree to respond promptly to any referral made pursuant to Article Ill of this Memorandum of Agreement, provided, however, that the ————— Police Department or the ————— County Prosecutor’s Office will immediately dispatch an officer to the scene of a suspected school-based hate crime or bias incident where the building principal or school superintendent has conveyed the fact that the suspected act involved actual violence against a student or involves a threat against the life of a student, school employee or any other person. Furthermore, the ————— Police Department and the ————— County Prosecutor’s Office agree to respond as soon as possible to any suspected incident involving bias-based graffiti or other such evidence so that such graffiti or other evidence can be photographed or otherwise documented in accordance with the provisions of Article IV of this Memorandum of Agreement and so that the graffiti or other evidence can be removed or otherwise destroyed at the earliest possible opportunity in order to minimize continued exposure and harm to the student population. B. Protective Services. The ————— Police Department and the ————— County Prosecutor’s Office are available on request, and subject to the availability of resources, to provide protective services to any victim or potential victim of a hate crime. The ————— Police Department and the ————— County Prosecutor’s Office agree to take such steps as are necessary and appropriate in the circumstances to prevent further violence or harm committed Appendix A: Sample School Policies 81 A: Sample Policies against a victim, or to prevent a violent retaliation or any other physical or psychological harm directed against any student or any person. The responding law enforcement officer shall evaluate the circumstances of the suspected or confirmed hate crime or bias incident and shall report to his or her superiors immediately concerning the need for providing any such protective services to or on behalf of any victim or potential victim. C. Full Investigation. The ————— Police Department and/or the ————— County Prosecutor’s Office shall upon receipt of any information pursuant to Article Ill of this Memorandum of Agreement conduct a full and thorough investigation in accordance with the Bias Incident Investigation Standards promulgated by the Attorney General. D. Advice as to Bias Incident Investigation Standards and Juvenile Justice System Practices and Procedures. The ————— Police Department and the ————— County Prosecutor’s Office shall be available on an ongoing basis to explain to school officials the provisions and requirements of the Bias Incident Investigation Standards promulgated by the Attorney General, and the practices and procedures of the juvenile justice system with respect to the handling of juveniles suspected of or formally charged with acts of bias-based delinquency. The —————— Police Department and the ————— County Prosecutor’s Office shall also provide on an ongoing basis information concerning the services and resources available within the juvenile justice system to deal with bias-based acts of delinquency, including stationhouse adjustments, referrals to juvenile conference committees and other pre-adjudication diversion programs, and post-adjudication disposition options which are available in the county. E. Agreement Not to Disrupt School Environment or Activities. The ————— Police Department and the -———— County Prosecutor’s Office hereby agree that in conducting an investigation into a suspected or confirmed hate crime or bias incident in accordance with the Attorney General’s Bias Incident and Investigation Standards, the ———— Police Department and the ———— County Prosecutor’s Office will minimize to the greatest extent possible any disruption of the school environment and school activities. Accordingly, in the absence of compelling and extraordinary circumstances, the ————- Police Department and the ————- County Prosecutor’s Office will not conduct interviews of students with respect to a suspected or confirmed hate crime or bias incident during normal school operating hours without first providing notice to the building principal and superintendent of schools. F. Notification by Police. Where a formal complaint is filed against a student for any offense which if committed by an adult would be an indictable hate crime, the -———— Police Department or the ————- County Prosecutor’s Office will, in accordance with the provisions of N.J.S.A. 2A-4A-60c, provide information on a confidential basis to the building principal of the school at which the student is enrolled concerning the offense charged and any resulting adjudication or disposition. G. Arrest Protocols. The -———— Police Department and the ————- County Prosecutor’s Office hereby reaffirm their commitment to comply with the arrest protocols as set forth in Article 2 Section G of the “Memorandum of Understanding Between Education and Law Enforcement Officials Concerning Law Enforcement Activities Occurring on School Grounds and the Reporting of Suspected Drug and other Offenses by School Officials To Law Enforcement Authorities,” which arrest protocols and procedures are hereby incorporated by reference and adopted herein. ARTICLE VI. VICTIMS SERVICES. A. Availability of Services. The -———— County Prosecutor’s Office maintains a Victim/ Witness Unit which provides services to all victims of crime in -———— County. The ————- County Prosecutor’s Office remains available to provide counseling and other services to the victims or potential victims of hate crimes and bias incidents. All requests for victim/witness services should be directed by the building principal or local superintendent of schools to the -———— County Prosecutor’s Office. B. Predisposition Impact Statement. In the event that a hate crime or bias incident results in a criminal conviction or adjudication of delinquency, the ————- County Prosecutor’s Office will solicit information from all victims, potential victims and other members of the school community who were in any way harmed or traumatized by the unlawful act. Such information shall be included in a “community impact statement” which will be provided to the court by the county prosecutor and which will serve to advise the court as to the true impact of the offense and its effect on school children and the residents of the affected community, so as to begin the difficult healing process following the conviction or adjudication of delinquency. The -———— County Prosecutor’s Office will solicit the input and assistance of the building principal, the local superintendent of schools and other appropriate school employees, as may be designated by the building principal or local superintendent, to ensure the prompt preparation of a thorough and accurate community impact statement for use by the courts. No student shall be solicited for input in the development or preparation of a community impact statement without a representative of the Prosecutor’s Office first providing notice to the building principal and local superintendent. C. Legal Advice. The ————- County Prosecutor’s Office shall be available on a 24-hour basis to answer any questions posed by the building