Section 1         Notice of Nondiscrimination: 

Students, parents, employees, volunteers, school patrons, applicants for student admission or employment, sources of referral of applicants for admission and employment, professional organizations holding collective bargaining or professional agreements with the Sutton Public School, and all others who interact with Sutton Public Schools are hereby notified that the Sutton Public School District does not discriminate on the basis of race, color, national origin, sex, age, marital status, religion, or disability in the admission, access to its facilities or programs, treatment, or employment in its programs or activities.

 

Section 2         Admission Requirements

 

Minimum Age:

A child shall be eligible for admission into kindergarten at the beginning of the school year if the child is five years of age or will be five years of age on or before October 15 of the current school year.  The board of education may admit a child who will reach the age of five between October 16 and February 1 of the current school year if the parent or guardian requests such entrance and provides an affidavit stating that (a) the child attended kindergarten in another jurisdiction in the current school year or (b) the family anticipates a relocation to another jurisdiction would allow admission within the current year.  Early admission based on ability assessment reports is not permitted.

 

A child shall be eligible to enter first grade at the beginning of the school year if the child has not attended kindergarten but is six years of age or will be six years of age on or before October 15 of the current school year, and school officials determine that such grade level is the appropriate placement for the child.

 

Graduates:

A student who has received a high school diploma or received a General Equivalency Diploma shall not be eligible for admission or continued enrollment.

 

Age 21:

A student shall not be admitted or continued in enrollment after the end of the school year in which the student reaches the age of 21.  The school year for this purpose ends at the last day of instruction for graduating seniors.

 

Birth Certificate, Physical, Visual Evaluation and Immunization

The parents or legal guardian shall furnish:

 

(1)        A certified copy of the student's birth certificate issued by the state in which the child was born, prior to admission of a child for the first time. Other reliable proof of the child's identify and age, accompanied by an affidavit explaining the inability to produce a copy of the birth certificate, may be used in lieu of a birth certificate.  An affidavit is defined as a notarized statement by an individual who can verify the reason a copy of the birth certificate cannot be produced.

 

(2)        Evidence of a physical examination by a physician, physician assistant, or nurse practitioner, within six months prior to the entrance of the child into the beginner grade and the seventh grade or, in the case of a transfer from out of state, to any other grade, unless the parent or legal guardian submits a written statement objecting to a physical examination.

 

(3)        Evidence of a visual evaluation by a physician, a physician assistant, an advanced practice registered nurse, or an optometrist, within six months prior to the entrance of the child into the beginner grade or, in the case of a transfer from out of state, to any other grade, unless the parent or legal guardian submits a written statement objecting to a visual evaluation.  The visual evaluation is to consist of testing for amblyopia, strabismus, and internal and external eye health, with testing sufficient to determine visual acuity. 

 

(4)        Evidence of protection against diphtheria, tetanus, pertussis,  polio, measles, mumps, and rubella, Hepatitis B, Varicella (chicken pox) and Haemophilus Influenzae type b (Hib) and other diseases as required by applicable law, by immunization, prior to enrollment, unless the parent or legal guardian submits a written statement refusing immunization or meets other exceptions established by law.  

 

The Superintendent or Superintendent’s designee shall notify the parent or guardian in writing of the foregoing requirements and of the right to submit affidavits or statements to object to the requirements, as applicable. The Superintendent or Superintendent’s designee shall also provide a telephone number or other contact information to assist the parent or guardian in receiving information regarding free or reduced-cost visual evaluations for low-income families who qualify.

 

A student who fails to meet the foregoing requirements shall not be permitted to enroll or to enter school, or if provisionally enrolled or enrolled without compliance, shall not be permitted to continue in school until evidence of compliance or an exemption from compliance is given.

 

Enrollment of Expelled Students

If a student has been expelled from any public school district in any state, or from a private, denominational, or parochial school in any state, and the student has not completed the terms or time period of the expulsion, the student shall not be permitted to enroll in this school district until the expulsion period from such other school has expired, unless the School Board of this school district in its sole and absolute discretion upon a proper application approves by a majority vote the enrollment of such student prior to expiration of the expulsion period.  As a condition of enrollment, the School Board may require attendance in an alternative school, class or educational program pursuant to Nebraska law until the terms or time period of the original underlying expulsion are completed.  A student expelled from a private, denominational, or parochial school or from any public school in another state, will not be prohibited from enrolling in the public school district in which the student resides or in which the student has been accepted pursuant to the enrollment option program for any period of time beyond the time limits placed on expulsion, pursuant to the Student Discipline Act, or for any expulsion for an offense for which expulsion is not authorized for a public school student under such Act.  For purposes of this policy, the term expulsion or expelled includes any removal from any school for a period in excess of twenty (20) school days. 

 

Section 3         Designation of Coordinator(s): 

Any person having inquiries concerning this district’s compliance with anti-discrimination laws or policies or other programs should contact or notify the following person(s) who are designated as the coordinator for such laws, policies or programs.  The contact address for the coordinator is:   Sutton Public Schools,  Office of Superintendent,  PO Box 590, Sutton, NE 68979.

 

Law, Policy or Program	Issue or Concern	Coordinator
Title VI	Discrimination or harassment based on race, color, or national origin; harassment	Superintendent
Title IX	Discrimination or harassment based on sex; gender equity	Superintendent
Section 504 of the Rehabilitation Act and the Americans with Disability Act (ADA)	Discrimination, harassment or reasonable accommodations of persons with disabilities	Superintendent
Homeless student laws	Children who are homeless	Superintendent
Safe and Drug Free Schools and Communities	Safe and drug free schools	Superintendent

 

Section 4         Sutton Public Schools Policy Prohibiting Harassment of Students

 

GENERAL STATEMENT OF POLICY

It is the policy of this District to maintain a learning environment that is free from harassment because of an individual’s race, color, sex, national origin or disability. The School District prohibits any and all forms of harassment because of race, color, sex, national origin, and disability.

It shall be a violation of District policy for any student, teacher, administrator, or other school personnel of this District to harass a student through conduct of a sexual nature, or regarding race, color, national origin or disability, as defined by this policy. 

It shall also be a violation of District policy for any teacher, administrator or other school personnel of this District to tolerate sexual harassment or harassment because of a student’s race, color, national origin, ethnicity, or disability, as defined by this policy, by a student, teacher, administrator, other school personnel, or by any third parties who are participating in, observing, or otherwise engaged in activities, including sporting events and other extra curricular activities, under the auspices of the School District.

For purpose of this policy, the term “school personnel” includes school board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the District.

The school system will act to promptly investigate all complaints, either formal or informal, verbal or written, of harassment because of race, color, sex, national origin, or disability; to promptly take appropriate action to protect individuals from further harassment; and, if it determines that unlawful harassment occurred, to promptly and appropriately discipline any student, teacher, administrator or other school personnel who is found to have violated this policy, and/or to take other appropriate action reasonably calculated to end the harassment.

II.        DEFINITIONS

A. Sexual Harassment.

For purposes of this policy, sexual harassment of a student consists of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when:

1.         a school employee causes a student to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program or activity, or when an employee or third party agent of the school district causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct; or

2.         the unwelcome sexual conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment.

Examples of conduct which may constitute sexual harassment include

•          sexual advances;

•          touching, patting, grabbing or pinching another person’s intimate parts, whether that person is of the same sex or the opposite sex;

•          coercing, forcing or attempting to coerce or force the touching of anyone’s intimate parts;

•          coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another;

•          graffiti of a sexual nature;

•          sexual gestures;

•          sexual or dirty jokes;

•          touching oneself sexually or talking about one’s sexual activity in front of others;

•          spreading rumors about or rating other students as to sexual activity or performance;

•          unwelcome, sexually motivated or inappropriate patting, pinching or physical contact. This prohibition does not preclude legitimate, non sexual physical conduct such as the use of necessary restraints to avoid physical harm to persons or property, or conduct such as teacher’s consoling hug of a young student, or one student’s demonstration of a sports move requiring contact with another student;

•          other unwelcome sexual behavior or words, including demands for sexual favors, when accompanied by implied or overt threats concerning an individual’s educational status or implied or overt promises of preferential treatment.

B. Harassment Because of Race or Color

For purposes of this policy, racial harassment of a student consists of verbal or physical conduct relating to an individual’s race or color, when

                        1.         the harassing conduct is sufficiently severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment;

                        2.         the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or         

                        3.         the harassing conduct otherwise adversely affects an individual’s learning opportunities.

Examples of conduct which may constitute harassment because of race or color include

•          graffiti containing racially offensive language;

•          name calling, jokes or rumors;

•          threatening or intimidating conduct directed at another because of the other’s race or color;

•          notes or cartoons;

•          racial slurs, negative stereotypes, and hostile acts which are based upon another’s race or color;

•          written or graphic material containing racial comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

•          a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race or color;

•          other kinds of aggressive conduct such as theft or damage to property which is motivated by race or color.

C.        Harassment Based upon National Origin or Ethnicity

For purposes of this policy, ethnic or national origin harassment of a student consists of verbal or physical conduct relating to an individual’s ethnicity or country of origin or the country of origin of the individual’s parents, family members or ancestors when

                        1.         the harassing conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment;

                        2.         the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or

                        3.         the harassing conduct otherwise adversely affects an individual’s learning opportunities.

Examples of conduct which may constitute harassment because of national origin or ethnicity include

•          graffiti containing offensive language which is derogatory to others because of their national origin or ethnicity;

•          threatening or intimidating conduct directed at another because of the other’s national origin or ethnicity;

•          jokes, name calling, or rumors based upon an individual’s national origin or ethnicity;

•          ethnic slurs, negative stereotypes, and hostile acts which are based upon another’s national origin or ethnicity;

•          written or graphic material containing ethnic comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

•          a physical act of aggression or assault upon another because of, or in a manner reasonably related to, ethnicity or national origin;

•          other kinds of aggressive conduct such as theft or damage to property which is motivated by national origin or ethnicity.

D.        Harassment Because of Disability

\For purposes of this policy, harassment because of the disability of a student consists of verbal or physical conduct relating to an individual’s physical or mental impairment when

                        1.         the harassing conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment;

                        2.         the harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or

                        3.         the harassing conduct otherwise adversely affects an individual’s learning opportunities.

Examples of conduct which may constitute harassment because of disability include

•          graffiti containing offensive language which is derogatory to others because of their physical or mental disability;

•          threatening or intimidating conduct directed at another because of the other’s physical or mental disability;

•          jokes, rumors or name calling based upon an individual’s physical or mental disability;

•          slurs, negative stereotypes, and hostile acts which are based upon another’s physical or mental disability;

•          graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

•          a physical act of aggression or assault upon another because of, or in a manner reasonably related to, an individual’s physical or mental disability;

•          other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual’s physical or mental disability.

III.       REPORTING PROCEDURES

Any student who believes he or she has been the victim of sexual harassment or harassment based on race, color, national origin, or disability by a student, teacher, administrator or other school personnel of the School District, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extra curricular activities, under the auspices of the School District, is encouraged to immediately report the alleged acts to an appropriate School District official designated by this policy.

Any teacher, administrator, or other school official who has or receives notice that a student has or may have been the victim of sexual harassment or harassment based on race, color, national origin, or disability by a student, teacher, administrator or other school personnel of the School District, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extra curricular activities, under the auspices of the School District, is required to immediately report the alleged acts to an appropriate School District official designated by this policy.

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 Superintendent of Schools 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 Superintendent. If the report was given verbally, the principal shall personally reduce it to written form within 24 hours and forward it to the Superintendent. 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 by the reporting party or the complainant.

B.        The School Board has designated the School Superintendent as the School District Human Rights Officer  with responsibility to identify, prevent, and remedy harassment. The Superintendent 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 Superintendent, the complaint shall be filed with a principal who shall notify the president of the board of education.

The School District shall conspicuously post a summary of 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 Superintendent.

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 Superintendent determines is necessary or appropriate.

E.         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 Superintendent shall immediately undertake or authorize an investigation. At the Superintendent’s direction, that investigation may be conducted by the principal, or other school district officials or by a third party designated by the Superintendent.

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;

•          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;

•          other information which is judged to be relevant.

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 as soon as practicable and ordinarily no later than fourteen days from receipt of the report. The principal or other person charged with making an investigation 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 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;

•          other factors which are judged to be relevant.

In the event that the evidence suggests that the harassment at issue is also a crime in violation of a Nebraska criminal statute, the Superintendent shall also 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.        Copies of all complaints of harassment and the investigations conducted pursuant to them shall be maintained for the period of time established by the State Records Administrator, but in any event shall be maintained for a period of at least five years.

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.

Legal References:       42 U.S.C. sec. 2000d;

                                    20 U.S.C. sec. 1681 et seq.;

                                    29 U.S.C. sec. 791 et seq.;

                                    42 U.S.C. sec. 12131-12134;

                                    Neb.  Rev. Stat.  sec. 79-2,116 et seq. 

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 ________ (check 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)