The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

5517 - ANTI-DISCRIMINATION/HARASSMENT (STUDENTS)

The School Board shall comply with all Federal laws and regulations prohibiting discrimination and all requirements and regulations of the U.S. Department of Education. The Board will enforce its prohibition against discrimination/harassment based on sex, race, color, ethnic or national origin, religion, marital status, disability, age, political beliefs, sexual orientation, gender, gender identification, social and family background, linguistic preference, pregnancy, and any other basis prohibited by law. The Board shall maintain an educational and work environment free from all forms of discrimination/harassment, which includes Title IX of the Education Amendments of 1972. Title IX prohibits sexual harassment and other sexual misconduct such as unwelcome touching, graphic verbal comments, sexual jokes, slurs, gestures or pictures. All students, administrators, teachers, staff, and all other school personnel share responsibility for avoiding, discouraging, and reporting any form of prohibited discrimination or harassment against students by employees, other students and their parents or guardians, or third parties. This policy prohibits discrimination and harassment at all School District operations, programs, and activities on school property, or at another location if it occurs during an activity sponsored by the Board.

For additional information about Title IX or any other discrimination/harassment concerns contact:

Title:

Office of Civil Rights Compliance (CRC)
Executive Director/Title IX Coordinator

   

Address:

155 N.E. 15th Street, Suite P104E
Miami, FL 33132

   

Phone:

(305) 995-1580

   

Fax:

(305) 995-2047

   

E-mail:

crc@dadeschools.net

   

Website:

http://crc.dadeschools.net/

For information on Section 504 of the Rehabilitation Act of 1973 or any other student disability concerns contact:

Title:

Division of Special Education
504 Coordinator

   

Address:

1501 N.E. 2nd Avenue, Suite 409
Miami, FL 33132

   

Phone:

(305) 995-1796

   

Fax:

(305) 523-0591

   

E-mail:

ese@dadeschools.net

   

Website:

http://ese.dadeschools.net/

The Board will take immediate steps to discipline individuals for:

 A.Retaliating against a person who has made a report or filed a complaint alleging unlawful discrimination/harassment, or who has participated as a witness in a discrimination/harassment investigation.

 B.Filing a malicious or knowingly false report or complaint of discrimination/harassment.

 C.Disregarding, failing to investigate adequately, or delaying investigation of allegations of prohibited discrimination/harassment, when responsibility for reporting and/or investigating unlawful harassment charges comprises part of one's supervisory duties.

The District compliance officer will supervise compliance with Federal and State regulations and address complaints in accordance with law and Policy 5517.02. The Board will provide proper notice of nondiscrimination for Title II, Title VI, and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendment Act of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990.

Reports and Complaints

Students are encouraged to promptly report incidents of discriminatory or harassing conduct to their Principal or the Office of Civil Rights Compliance (CRC) so that the conduct can be addressed before it becomes severe, pervasive, or persistent.

Students who believe they have been harassed or discriminated against are entitled to use the complaint process in Policy 5517.02. Students and parents are encouraged to present complaints of discrimination or harassment by other students or employees to the Principal, complaints against employees will be referred by the Principal to the CRC Office as soon as possible after the alleged conduct occurs while the facts are known and potential witnesses are available. During the investigation, the complainant and the subject of the complaint shall be provided an opportunity to present witnesses and evidence relevant to the complaint. The Principal shall apply the Code of Student Conduct to allegations of discrimination/harassment by students.

The investigative process through CRC involves the investigation of complaints of harassment and discrimination based on the protected categories. The CRC office investigates each case within a reasonable time.

Documentation of investigations of complaint and of any corrective action taken by the school site and throughout the District will be maintained by the department that conducted the investigation. Records of ongoing investigations are kept confidential until a final determination is made on each case. During the investigative process, appropriate preventive measures will be taken to protect the victims and the school community. Subsequent to the completion of a case, the complainant and the subject of the complaint will be provided with written notification of the outcome of the investigation. The District will take remedial action, as necessary, to address and resolve any substantiated complaint of discrimination or harassment and to prevent its recurrence.

Initiating a complaint will not adversely affect the complainant’s participation in educational or extra-curricular programs unless the complainant makes the complaint maliciously or with knowledge that it is false. Investigation of an allegation shall not be proceed solely on the basis of an anonymous complaint without first attempting to ascertain the identity of the complainant. If after such efforts, the complainant remains anonymous, the investigation will proceed to the extent possible.

Privacy/Confidentiality

The District respects the privacy of students, the individual(s) against whom the complaint is filed, and the witnesses consistent with the Board’s legal obligations to investigate, take appropriate action, and comply with any discovery or disclosure obligations. All records generated under this policy and Policy 5517.02 shall be maintained as confidential to the extent permitted by law.

The complaint process in Policy 5517.02 is not intended to interfere with student rights to pursue complaints with the United States Department of Education, Office for Civil Rights, or the Florida Department of Education. The CRC Office processes such complaints according to the procedures and standards set forth by Federal and State agencies.

Education and Training

The Board promotes preventative educational measures to create greater awareness of unlawful harassment and discrimination. The Superintendent shall provide appropriate training to members of the School District community related to the implementation of this policy and Policy 5517.02.

Sexual Conduct

Any teacher, administrator, coach, or other school authority who engages in sexual conduct with a student may also be guilty of a crime.

F.S. 110.1221, 1000.05, 1006.07
42 U.S.C. 2000d et seq.
42 U.S.C. 2000e et seq.
29 U.S.C. 621 et seq.
29 U.S.C. 794
42 U.S.C. 12101 et seq.
20 U.S.C. 1681 et seq.
42 U.S.C. 1983
National School Boards Association Inquiry and Analysis – May 2008

Revised 11/19/13

© Neola 2011