Watertown Public Schools

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Watertown Public Schools

• Civil Rights

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Civil Rights

• No discrimination in
• admission to,
• access to
• treatment in
• or employment in its services, programs, and
  activities

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On the basis of

• Race, color or national origin
• Title VI of the Civil Rights Act of 1964 (Title
  VI)
• sex
• Title IX of the education Amendments of 1972
• disability,
• Section 504 of the Rehabilitation Act of 1973
  (Section 504)
• Title II of the Americans with Disabilities Act
  of 1990 (ADA)
• age
• Age Discrimination in Employment Act of 1974 (Age
  Discrimination Act),
• sexual orientation or religion
• Massachusetts General Laws Chapter 71B and 151B.

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• Essentially any discrimination on the basis of
  race, color, creed, national origin, sex, sexual
  orientation, age, disability, or religion is
  prohibited by Watertown Public Schools policy and
  may be prohibited by either Federal or State
  statute, or by both.

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Sexual Harassment

• Overview
• Legal Definitions
• School Committee Policy

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Legal Definitions

• General Concept
• US EEOC Basic Definition Elaboration
• Massachusetts Comm. Against Discrimination
  Definitions
• Quid Pro Quo
• Hostile Environment
• Elements of Hostile Sexual Environment

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Legal Definitions General Concept

• Unwelcome
• Quid pro quo (This For That)
• Usually characterized by unequal balance of power
• Hostile Work Environment
• Conduct of a sexual nature that creates
  intimidating, hostile, humiliating, offensive
  work environment

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Legal Definitions EEOC Basic Definition

• Verbal or physical conduct of a sexual nature
• Male OR Female
• Does Not have to be opposite sex
• Does not have to be motivated by desire
• Anyone affected by offensive conduct
• May occur without economic injury or discharge
• Unwelcome

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Legal Definitions MCAD

• Quid Pro Quo
• Sexual Advances/requests
• Unwelcome
• Rejected adversely affected
• Submitted with fear of adverse action
• Hostile Work Environment
• Sexual Conduct with purpose or effect of creating
  offensive work environment
• Unwelcome (note Voluntary Unwelcome)
• Unreasonably interfered with performance OR
  altered terms and conditions of employment

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School Committee Policy

• Contact Protocol
• Confidential
• Discipline
• No Retaliation
• Law Enforcement Agencies MCAD, EEOC

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Reporting Abuseand Neglect
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Overview of DSS

• The Department of Social Services is the state
  agency whose primary mission is to protect
  children who have been abused or neglected.
• DSS provides preventative services to children
  and families where there is a risk of abuse or
  neglect.

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DSSs Definitions of Abuse and Neglect

• Massachusetts law and DSS regulations define
  ABUSE as
• The non-accidental commission of any act by a
  caretaker which causes or creates a substantial
  risk of physical or emotional injury or the
  commission of a sex offense against a child as
  defined by the criminal laws of the State, or any
  sexual contact between a caretaker and a child.
• Massachusetts law and DSS regulations define
  NEGLECT as
• Failure by a caretaker, either deliberately,
  through negligence, or inability, to take actions
  necessary to provide a child with minimally
  adequate, food, clothes, shelter, medical care,
  supervision, emotional stability and growth or
  other essential care.

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What is a Mandated Reporter?

• Most people who work with children are mandated
  to report instances of abuse and neglect. This
  includes teachers, administrators,
  paraprofessionals, nurses

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What is a 51A?

• This is the legal statute number or law that
  specifically addresses the requirement to report
  reasonable suspicions of a child being abused
  or neglected, or when there is reasonable cause
  to believe abuse has occurred or is occurring.
• The actual Statute is MGL Chapter 119, section
  51A.

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When is a 51A filed?

• When a mandated reporter who, in her or his
  professional capacity, has reasonable cause to
  believe that a child under the age of 18 years is
  suffering serious physical or emotional injury as
  a result of abuse, including sexual abuse, or
  from neglect, including malnutrition, or who is
  determined to be physically dependent upon an
  addictive drug at birth.

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• Always consult with an administrator before you
  speak with DSS on any suspected case of abuse or
  neglect.

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Important Facts to KnowAbout 51As

• Failure to report may be punishable by a fine of
  up to one thousand dollars.
• It is illegal to release the name of the person
  who has filed a 51A to anyone other than a DSS
  worker.
• A Supported report means that DSS had enough
  information or evidence to support the allegation
  that abuse/neglect has occurred.

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One of two findings

• A Supported report means that DSS had enough
  information or evidence to support the allegation
  that abuse/neglect has occurred.
• An Unsupported report means that there is not
  enough information or evidence to support the
  report. This does not mean that it did not
  happen.

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Important Facts to Know About 51As

• It is your responsibility to report abuse/neglect
  when you suspect it.
• Consult, consult, consult with an administrator.