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1. Civil Rights Training SEEM Collaborative
2011-2012
3. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training What is Non-Discrimination?
SEEM Collaborative is committed to ensuring that all programs and facilities are accessible to all.
We actively seek to prevent discrimination or harassment on the basis of age, color, disability, national origin, religion, race, or sexual orientation.
4. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training MGL (Massachusetts General Law)
Chapter 76: Section 5
No person shall be excluded from or discriminated against in admission to a public school of any town, or in obtaining advantages, privileges, and courses of study of such public school on account of race, color,sex, religion, national origin, or sexual orientation.
Severe or pervasive harassment unlawfully denies a student the advantages and privileges of school, creating a hostile, humiliating, intimidating, and offensive educational environment.
5. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Massachusetts DESE Regulations
Active Efforts (603 CMR 26:07)
All public schools shall strive to prevent harassment or discrimination and all public schools shall respond promptly to such discrimination or harassment when they have knowledge of its occurrence.
The school community and the Superintendent shall provide in-service training for all school personnel at least annually regarding the prevention of discrimination and harassment and the appropriate methods for responding to such discrimination in a school setting.
The Superintendent shall promote and direct effective procedures for the full implementation of 603 CMR 26.00.
6. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Federal Law Mandates
Federal Civil Rights Laws Require Schools to:
Remedy discrimination and harassment.
Regularly notify students, parents, and employees that the District schools do not discriminate on the basis of sex or disability.
Implement and disseminate prompt and equitable complaint procedures for handling allegation of discrimination and harassment.
Designate an employee responsible for coordinating compliance with these federal civil rights laws.
7. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Unlawful and Prohibited Conduct Defined
Discrimination occurs when an individual is treated differently and/or unfairly in an educational or employment context, solely on the basis of the individuals sex/gender, race, color, national origin, ancestry, religion, age, disability, or sexual orientation. Discrimination on the basis of sex shall include, but not be limited to sexual harassment.
8. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Unlawful and Prohibited Conduct Defined
Harassment based on a persons sex/gender, race, color, national origin, ancestry, religion, age, disability or sexual orientation consists of conduct that has the purpose or effect of creating an intimidating, hostile, humiliating, or offensive work or educational environment and/or has the purpose of substantially or unreasonably interfering with a persons work, academic performance; and/or otherwise adversely effects a persons academic standing or employment opportunities.
At SEEM Collaborative, discrimination, sexual harassment, harassment, including teasing and bullying, is unacceptable and will not be tolerated, Discrimination and harassment are unlawful and hurt all people.
9. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Federal Law Title II (ADA)
Americans with Disabilities Act
Prohibits discrimination regarding: access to programs and facilities; a free appropriate public education for elementary and secondary students; and employment discrimination.
Applies to special education services, evaluations, Individual Education Plans (IEPs), and student discipline.
When an IEP exists for a student, it is the responsibility of all educators who work with that student to provide the accommodations and/or modifications. This is a legal requirement.
10. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Federal Law: Title VI
Protects against discrimination based on race, color, and national origin.
Applies to students, parents, and employees.
Prohibits discrimination in student class assignments or ability tracking and protects English language learners.
Linda DiCecca, titles VI and IX Coordinator, handles inquiries regarding Non-discrimination Policies.
11. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Defining the Term Harassment
Any unwelcome verbal, written, or physical contact in a school or school-related activity relating to a students race, color, religion, ethnicity, national origin, ancestry, gender, sexual orientation, or disability, that is sufficiently severe, persistent, or pervasive to create a hostile, humiliating, intimidating, or offensive educational environment.
Bias-motivated harassment is a form of discrimination.
12. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Federal Law: Title IX
Prohibits discrimination or harassment related to gender, including sexual harassment.
Refer to the Collaborative Sexual Harassment policy for specifics regarding steps taken to investigate and remediate. School personnel must contact an administrator or appropriate personnel if a complaint is made.
Refer all discrimination and/or harassment issues to Linda DiCecca, the Title IX Coordinator.
Refer all sexual harassment concerns to a Principal or an administrator as detailed in the SEEM Collaborative Sexual Harassment Policy.
13. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Title IX: Understanding Sexual Harassment
Sexual harassment creates a hostile environment due to inappropriate sexual speech, materials, and/or actions.
Sexual harassment is a form of sex discrimination and includes unwelcome sexual advances, requests for sexual favors, and/or any other conduct, physical or verbal, of a sexual nature.
Sexual harassment interferes with school or work performance and creates an intimidating, humiliating, and/or offensive environment.
Sexual harassment issues can involve student-to-student, student-to-staff, staff-to-students, or staff to staff behavior.
14. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Title IX: Understanding Sexual Harassment
(continued)
Sexual harassment may include, but is not limited to:
Unwelcome sexual advances or request for sexual favors.
Inappropriate touching; intentionally impeding movement; verbal comments; gestures; drawings. Written, or electronic communication of a sexually derogatory nature; or intimidation based on gender or sexual preference.
Continuing to express sexual interest after being informed that the interest is unwelcome (reciprocal attraction between peers is not considered sexual harassment.)
15. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Title IX: Understanding Sexual Harassment
(continued)
Sexual harassment may include, but is not limited to:
Subtle pressure or requests for sexual activity.
Leering or voyeurism.
Displaying sexually suggestive pictures or objects anywhere in the workplace.
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. Civil Rights Training Title IX: Understanding Sexual Harassment
(continued)
Examples of prohibited activities that may create a hostile school or work environment include:
Vulgar or explicit sexual-related epithets and/or abusive language.
Sexually explicit behavior and/or indecent exposure by students or employees.
Sexual-related graffiti, posters, or calendars.
17. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training A Hate Crime Is
.
A crime motivated in whole or in part by hatred or bias, or where the victim is targeted or selected based on his/her actual or perceived:
Race, color, religion, gender, sexual orientation, disability, national origin, ethnicity, or ancestry.
18. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Definitions
Bullying
The repeated use by one or more students of a written, verbal, or electronic expression or physical act or gesture or any combination thereof directed at the victim.
Any written or verbal expression or physical act or gesture to intimidate, frighten, ridicule, humiliate, or cause harm to another person based on:
Physical appearance
Lack of athletic ability
Clothing
Neighborhood
19. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Definition (Continued)
Bullying
A bully has actual or perceived physical, social and/or psychological power over his/her target.
Bullying usually involves a pattern of behavior including:
Physical (hitting, kicking, pushing, intimidation, damaging, defacing, or taking personal property.
Verbal (verbal intimidation, name calling, taunting, ridicule, jokes, insults, threats).
Emotional (stalking, spreading rumors, exclusion).
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. Civil Rights Training Definitions
(continued)
Cyber Bullying
Bullying through the use of technology or electronic communication, which shall include, but not be limited to:
The transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including but not limited to, electronic mail, internet communications, instant message or facsimile communications.
21. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Cyber Bullying
(continued)
The creation of a web page or blog in which the creator assumes the identity of another person.
The knowing impersonation of another person as the author of posted content or messages if the impersonation created any of the above mentioned conditions of bullying.
The distribution by electronic means of a communication to more than one person or posting of material on an electronic medium that may be accessed by one or more persons if the impersonation created any of the above mentions conditions of bullying.
22. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Its bullying or cyber bullying IF it:
Causes physical or emotional harm to the target or damage to the targets property.
Places the target in reasonable fear of harm to himself or property.
Creates a hostile environment at school/work for target.
Infringes on the rights of the target.
Materially and substantially disrupts the education process or the orderly operation of a school or work environment.
23. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training There are a number of reasons why adults should be concerned about bullying among children and youth:
Many children are involved in bullying, and most are extremely concerned about it.
Bullying can seriously affect the mental health, academic work, and physical health of children who are targeted.
Children who bully are more likely than other children to be engages in antisocial, violent, or troubling behavior.
Bullying can negatively affect children who observe bullying going on around them even if they are not targeted themselves.
Bullying is a form of victimization or abuse, and it is wrong. Children should be able to attend school or take part in community activities without fear of being harassed, assaulted, belittled, or excluded.
24. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Harassment and Bullying Myths
Ignore it and it will go away.
If you only stood up for yourself.
Its something the victim did.
Boys will be boys, girls will be girls.
Harassment and bullying toughens you up.
Its part of life, accept it.
Only wimps are bullied.
Children who get harassed or bullied are passive, loners, overly sensitive.
25. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Signs of Possible Harassment or Bullying
Indicates fear of walking in the halls unsupervised.
Shows signs of being intimidated when interacting with students in class, cafeteria, or halls.
Appears fearful of walking to or from school.
Seems withdrawn, disengaged in class; has noticeable drop in classroom participation.
No longer participates in school-related activities.
Is suddenly doing poorly in school.
26. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Signs of Possible Harassment or Bullying
(Continued)
Often arrives late for school or certain classes.
School absences dramatically increase.
Often loses his/her money.
Possessions are consistently missing.
Is the victim of repeated thefts.
Is the focus of jokes or graffiti.
Is the target of abuse or insults in chat rooms, websites, or social networking sites.
Explanations for above do not make sense.
27. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Parameters of the Law
Acts of bullying, which include cyber bullying, are prohibited on school grounds and property immediately adjacent to school grounds; at a school sponsored or school related activity, function, or program, whether on or off school grounds; at a school bus stop, on a school bus or other vehicle owned, leased, or used by a school district or school; or through the use of technology or an electric device owned, leased, or used by a school district and at a location, activity, function, or program that is not school-related through the use of technology or electronic device that is not owned, leased, or used by a school district or school, if the acts create a hostile environment at school for the target or witnesses, infringe on their rights at school, or materially and substantially disrupts the education process or the orderly operation of a school.
28. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Responsibilities of School Personnel
Be familiar with basic facts about harassment and hate crimes.
Recognize and identify bias indicators.
Report all harassment to appropriate authorities.
Dont tolerate harassment and bullying.
Challenge biased or disrespectful attitudes of and behavior by students and staff.
Be alert to signs of student harassment and bullying.
Support victims and hold offenders accountable.
If a student mocks anothers appearance, mannerisms, or mobility, call the offenders attention to the fundamental issues of respect.
Encourage student involvement.
29. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Responsibilities of School Personnel
(continued)
Know SEEM Collaboratives Discrimination/Harassment Policy.
Promote a socially inclusive school environment for all.
Actively ensure school safety, report, and respond to all violations.
WHO IS RESPONSIBLE? EVERYONE!!!!!!
WHO IS EVERYONE? Administrators, Teachers, Secretaries, Teaching Assistants, Monitors, Counselors, Health Staff, Bus Drivers, Cafeteria Staff, Custodians, Parents, and Students.
30. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Reporting Requirements
Any employee or student who believes he/she has been the victim of harassment and/or discrimination should report it to the Principal,
Title IX Coordinator, the Executive Director, Catherine Lawson or the
Title IX Civil Rights Coordinator, Linda DiCecca.
Any employee who becomes aware of an incident of harassment or discrimination must promptly report the incident to the Principal,
Title IX Coordinator, the Executive Director, Catherine Lawson or the
Title IX Civil Rights Coordinator, Linda DiCecca.
Active investigations will result from the report, as applicable, and may result in sanctions up to suspension or dismissal.
If conduct violates the law, the appropriate authorities will be notified.
31. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Expectations for Addressing
Harassment and Discrimination
Be sensitive to religious holidays (see list of dates at HTTP://www.doe.mass.edu/resources/holidays.html)
Holidays that students might miss school for include: Rosh Hashanah, Yom Kippur, Eid al-Fitr, Divali, Good Friday, and Eastern Orthodox Good Friday
Mass Law requires that students who miss school for religious observance must have the opportunity to make up the work without penalty.
Avoid major assessments or deadlines for projects on such dates, and provide reasonable accommodations for students who need to make up work missed due to religious obligations.
32. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Responsibilities for
Care and Protection of Children Under 18
All school personnel are mandated reporters in cases of suspected abuse or neglect of a minor
If school personnel have reasonable cause to suspect physical or emotional abuse or substantial risk of harm/neglect of a student, this must be reported as soon as possible to the Principal or identified designees
The Principal or identified designees will follow the reporting requirements of the Department of Children and Families (DCF, formerly known as the Department of Social Services, or DSS) and the policy of SEEM Collaborative. The Principal and/or designees will determine if a reportable condition exists and will act accordingly. This process must be confidential and only involve the Principal or identified designees
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. Civil Rights Training Responsibilities fro the Care and Protection of Children Under 18 (continued)
It is not the responsibility of staff to prove that a child has been abused or neglected; a reasonable cause for concern should trigger the process
As mandated reporters, school personnel who report with reasonable cause are presumed to be acting in good faith and are immune from any civil or criminal liability
Failure to make a report when there is a reasonable cause for concern can result in a fine of not more than $1000; more importantly, a child could suffer additional harm if a report is not made when there is reasonable suspicion of abuse and neglect
34. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Overview of Physical Restraint Guidelines
School Personnel Responsibilities
All school staff should read and be familiar with physical restraint regulations, which can be viewed at http://www.doe.mass.edu/lawsregs/603cmr46.html?section=all
603CMR 46.00 These regulations apply to all public education programs including school events and school sponsored activities
Lack of knowledge of the law will not protect you or your students from the consequences of inappropriate actions
35. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training What is Physical Restraint?
Physical Restraint: The use of bodily force to limit a students freedom of movement
What is not Physical Restraint?
Touching or holding a student without the use of force including physical escort, touching to provide instructional assistance, and other forms of physical contact that do not include the use of force
36. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Use of Physical Restraint
Only staff trained in physical intervention should use physical restraints.
Whenever possible, staff trained in restraint should have a witness who does not participate in the hold.
Training requirements in 603CMR 46.00 do not prevent a teacher, employee, or agent of a school from using reasonable force to protect students, other persons, or themselves from assault or imminent, serious, physical harm.
37. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Limitations On Use of Restraint
Do not use physical restraint:
When non-physical interventions could be used to de-escalate the situation or problem solving strategies could be implemented
As a means of punishment
As a response to property destruction, school disruption, refusal to comply, or verbal threats.
38. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Understanding the Terms
Physical escort: Touching or holding a student without the use of force for the purpose of directing the student.
Extended restraint: A physical restraint, the duration of which is more than 20 minutes. Risk of injury is increased, Requirement of additional written documentation and report to the Department of Education.
Non-seclusionary time-out: A time out where staff remains accessible.
39. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training
When may Physical Restraint be Necessary?
When other, non-physical, interventions have been tried and failed or are judged to be inadequate to the circumstances and a students behavior poses a threat of imminent, serious, physical harm to self and/or others.
40. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Use of Physical Restraint
Only the amount of force necessary to protect the student or others from physical harm or injury should be used.
The safest method available and appropriate to the situation and the individual should be used. Floor or prone holds are prohibited unless staff administering these has received in-depth training (16 minimum) in such procedures.
The hold should end as soon as possible. A hold of over 20 minutes is defined as an extended restraint.
41. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Safety Requirement
A students color and respiration during a hold must be monitored.
If there is any change in the students pallor, respiration, speech, or other signs of physiological distress, the hold must be released immediately.
If the student experiences physical distress, release the restraint and seek medical assistance immediately.
Physical holding should be implemented to prevent or minimize physical harm.
42. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Safety Requirements
(continued)
Know your students
Be aware of medical or psychological issues and attempt to implement behavior interventions before considering utilization of physical restraint.
When a situation occurs where a student is demonstrating potentially harmful behaviors, seek assistance immediately.
43. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Communicate with Other Staff
Communicate during a crisis. State what type of assistance you need.
Post communication information in your classroom so that someone can contact help quickly.
Try to ensure a witness is present during any crisis.
Document the occurrence of each instance of aggression and/or use of physical restraint.
44. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Follow-up Procedures After a Physical Restraint
Review the incident with the student to address behavior.
Those staff members involved in the situation must debrief with an administrator regarding the situation.
Consider follow-up that may be necessary with students who may have witnessed the restraint.
45. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Document the Incident
When to Report: Report only restraints over 5 minutes or in any case of an injury to the student of staff.
Notify School Administration: Notify school administration of any physical restraint as soon as possible, and provide a written report by the next school working day.
Notify Parents: The principal or director of the program must notify the parent verbally as soon as possible, and by written report within three school working days.
46. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training For Your Information
For Selected Staff: In-Depth Physical Restraint Training Contents
Prevention techniques
Identifying dangerous behaviors
Experience in restraining and being restrained
Demonstration of learned skills
Recommended 16 hours
47. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Title IX Coordinators
Title VI and IX Coordinator: Linda DiCecca
Civil Rights Coordinator: 92 Montvale Ave
Suite 3500
Stoneham, MA
781-279-1361 X16
Building Coordinators
Campus Academy Maureen Crowley Beebe School Kristine Ducker
25 William Street 263 West Foster Street
Stoneham, MA Melrose, MA 02176
781-245-3443 781-620-2142
Middle School Stephanie Arzigian Ripley School Jennifer Thornton
25 William Street 94 Lebanon Street Stoneham, MA Melrose, MA 02176 781-224-3780 781-662-4111
SEEM Prep David Farwell
Crystal Street
Wakefield, MA 781-213-5091
Program for the Deaf and Hard of Hearing Mark Hanson 298 Haverhill Street North Reading, MA 781-760-1708
48. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Confirmation
Thank you for reviewing the information regarding our legal obligations regarding civil rights and the protection of students. Your ongoing effort to ensure that everyones rights are honored and that all members of our school community are treated with respect is greatly appreciated.
If you have an questions regarding this material, please contact your building representative or Linda DiCecca in Human Resources.
Please print and sign the following page. Please remember to print only the signature page (Print current page) or you will print the entire document.
49. SEEM CollaborativeCreating Successful Futures
. Civil Rights Training Catherine Lawson, Executive Director
92 Montvale Ave
Suite 3500
Stoneham, MA
781-279-1361
Please print this form, sign it and return it to Linda DiCecca, Human Resource Manager
I have viewed the slides and understand the Civil Rights Training information
I have viewed the slides and understand the Title II and Title VI information.
I have viewed the slides and understand the Federal law: Title IX, Sexual Harassment information
I have viewed the slides and understand the information on Hate Crimes, Bullying, Cyber Bullying, Harassment, and Parameter of the law.
I have viewed the slides and understand the Physical Restraint Training Information.
I have viewed the slides and know which staff to contact regarding ADA, Homeless Students, Title VI, and IX and Civil Rights.
______________________________ __________________________________
Date Signature
___________________________________
Print Name