Policy
It is the policy of the Montpelier School District (hereinafter
"District") that all its schools provide safe, orderly, civil and
positive learning environments. Hazing has no place in the District's schools and
will not be tolerated. Accordingly, the District adopts the following policy
and procedures to prohibit hazing and will ensure the enforcement thereof.
Definitions
"Hazing" means any act committed by a person, whether
individually or in concert with others, against a student in connection with
pledging, being initiated into, affiliating with, holding office in, or
maintaining membership in any organization which is affiliated with the
District; and which is intended to have the effect of, or should reasonably be
expected to have the effect of, humiliating, intimidating or demeaning the
student or endangering the mental or physical health of the student. Hazing
also includes soliciting, directing, aiding, or otherwise participating
actively or passively in the above acts. Hazing may occur on or off school
grounds.
Examples of hazing include:
1.
Any
type of physical brutality such as whipping, beating, striking, branding,
electrical shocks, placing a harmful substance on or in the body, or other
similar activity; or
2.
Any
type of physical activity such as sleep deprivation, exposure to the elements,
confinement in a small space, or other activity that creates or results in an
unreasonable risk of harm or that adversely affects the mental or physical
health or safety of the student; or
3.
Any
activity involving consumption of food, liquid, alcoholic beverage, liquor,
drug, or other substance that subjects a student to an unreasonable risk of
harm; or
4.
Any
activity that induces, causes, or requires a student to perform a duty or task,
which involves the commission of a crime or an act of hazing.
Hazing shall not include any activity or conduct that furthers the
legitimate curricular, extracurricular, or military training program goals
provided that the goals are approved by the School Board of the District and
provided that the activity or conduct furthers those goals in a manner that is
appropriate, contemplated by the School Board, and normal and customary for
similar public school programs. An example of this exception might be
reasonable athletic training exercises.
"Organization" means a fraternity, sorority, athletic team,
association, corporation, order, society, corps, cooperative, club, or other
similar group, whose members primarily are students of the District, and which
is affiliated with the District.
"Pledging" means
any action or activity related to becoming a member of an organization.
"Principal" means
the principal of a school or the director of a technical center or any person
designated by them to carry out a particular function.
"Student" means
any person who: (1) is enrolled in any school or program operated by the
District, (2) has been accepted for admission into any school or program
operated by the District, or (3) intends to enroll in any school or program
operated by the District during any of its regular sessions after an official
academic break.
Notification of Hazing
Policy
Annually, the student handbook, which shall be presented to students
prior to the commencement of any academic courses, shall contain: (1) a
description of this hazing policy in age-appropriate language, (2) examples of
hazing, and (3) a listing of those persons whom the Board has designated to
receive reports of hazing. The schools of the District also shall effectively
inform students about the substance of this hazing policy and its procedures by
assembly and/or classroom presentations as determined by the principal.
Each student who
participates in a co- or extra-curricular activity that begins prior to the
commencement of any academic courses shall be provided by the coach or
supervisor of the co- or extra-curricular activity a copy of the excerpt from
the student handbook regarding the hazing policy prior to the first practice
session. Each coach or supervisor of a co- or extra-curricular activity shall
orally explain to participants the prohibition against hazing, the reasons for
the prohibition, and the potential consequences to participants and, in the
case of a club or an athletic team, to the club or team itself.
Annually, custodial parents
and guardians of students shall be provided a copy of this hazing policy prior
to the commencement of co- or extracurricular activities.
Annually, staff members shall
be provided with a copy of this hazing policy prior to the opening of school.
Coaches or supervisors of co- or extra-curricular activities shall be provided
a copy of this hazing policy upon employment by the District.
Reporting of Hazing
Students who have reason to
believe that an incident of hazing might or did occur shall report such belief
to any coach of an extracurricular team, teacher, school nurse, guidance
counselor, or school administrator. Staff members who have received such a
report from a student or who otherwise have reason to believe that an incident
of hazing might or did occur shall report such belief to the principal of the
school, or, in the event of the unavailability of the principal, the
principal's designee. The report may be in writing or oral. If the report is made orally, the receiver
shall make a written record of the report.
It shall be a violation of
this policy for a person to retaliate against a student or other person for
reporting a suspected incident of hazing or cooperating in any investigation or
disciplinary proceeding regarding an incident of hazing.
It is possible that an
incident of hazing might also fall within the definition of abuse, neglect, or
exploitation as those terms are defined in 33 V.S.A. §4912(2) and 33 V.S.A.
§6902(l), (7) and (9). To the extent a staff member is a mandatory reporter of
suspected child abuse or neglect or abuse of disabled adults, reporting a
suspected incident of hazing to the principal does not relieve the reporter of
any obligations additionally to report such suspicions to the Commissioner of
the Vermont Department of Social and Rehabilitation Services as set forth in 33
V. S.A. §4914 or to the Commissioner of the Department of Aging and
Disabilities as set forth in 33 V.S.A. §6904.
Investigation of Reports of Hazing
The principal, or in the
event of the unavailability of the principal, the principal's designee, upon
receipt of a report of hazing, promptly shall cause an investigation to
commence. The investigation shall be timely and thorough and the findings and
conclusions of the investigation shall be reduced to writing. Unless there are
exceptional circumstances, the investigation shall be concluded within ten
school days.
Disciplinary Action
If the investigation
concludes a student committed an act of hazing or otherwise violated this
policy, that student shall be subject to appropriate disciplinary action,
including but not limited to suspension or expulsion from co- or
extra-curricular activities or from school. Any disciplinary action against a
student shall be subject to the procedures set forth in the Student Handbook as
provided in the Policy Manual.
If the investigation
concludes that a staff person committed an act of hazing or otherwise violated
this policy, that person shall be subject to appropriate disciplinary action in
accordance with applicable law and the provisions of any applicable collective
bargaining agreement.
If the investigation
concludes that an athletic team or other co- or extra-curricular activity or
organization knowingly permitted, authorized, or condoned hazing, disciplinary
action may be imposed against the team, activity, or organization, including
cancellation of one or more athletic contests or the entire athletic season, or
revocation or suspension of an organization’s permission to operate or exist
within the District.
It is not a defense in a
disciplinary proceeding under this policy that the person against whom the
hazing was directed consented to or acquiesced in the hazing activity.
Acts of hazing may also be
illegal and may be prosecuted under 16 V.S.A. §§ 140b - 140d or other state
law.
Nothing in this policy shall
limit or preclude the District from disciplining a student or other person
affiliated with the District under any other District policy as well as under
the term of this policy.
Training of Staff
The principal shall ensure
that each staff member, with particular emphasis on staff members who are
coaches or supervisors of co- or extra-curricular activities, receive training
in preventing, recognizing and responding to hazing. At minimum, the principal
shall provide policy and procedure in all writings and address issue at the
first faculty/staff meeting of the school year.
Reporting Incidents of Hazing to Law Enforcement Officials
All staff members are
subject to the confidentiality requirements of the Family Education Rights and
Privacy Act (20 U.S.C. §1232g and 34 C.F.R. Part 99). Accordingly, information
deriving from student records (if the information is obtained through other
means, the restrictions of FERPA do not apply) which is personally
identifiable, may not be disclosed without parental consent unless it meets one
or more of the exceptions specified in 34 C.F.R. Part 99. Certain of these
exceptions, depending upon whether the circumstances meet the conditions set
forth in those exceptions, may permit the reporting of hazing to law
enforcement officials. Those relevant exceptions are:
(1) Where there is a health or safety emergency;
(2) Where the information has been subpoenaed; or
(3) Where
the records in question are created and maintained by a law enforcement unit
established by the school.
Adopted: September
5, 2001
References: 16 V.S.A. §11(a)30; 16 V.S.A. §§140a-140d; 16
V.S.A. §165 (a)(1), (8); 16 V.S.A. §565; 20 U.S.C. §1232g; 34 C.F.R. Part 99