Watertown Public Schools

1. Watertown Public Schools Civil Rights

2. Civil Rights No discrimination in: • admission to, • access to • treatment in • or employment in its services, programs, and activities

3. 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.

4. 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.

5. Sexual Harassment • Overview • Legal Definitions • School Committee Policy

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

7. 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

8. 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

9. 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 /

10. School Committee Policy • Contact Protocol • Confidential • Discipline • No Retaliation • Law Enforcement Agencies: MCAD, EEOC

11. Reporting Abuseand Neglect

12. 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.

13. DSS’s 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.

14. 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

15. 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.

16. 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.

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

18. Important Facts to KnowAbout 51A’s • 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.

19. 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.

20. Important Facts to Know About 51A’s • It is your responsibility to report abuse/neglect when you suspect it. • Consult, consult, consult with an administrator.