ANTI-RACISM, ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY
GOALS:
● Eliminate all forms of racism, discrimination and harassment in South Kingstown School Department (“District”) policies and practices;
● Promote equity of opportunity for all students, staff, and administration in the District;
● Promote positive relations among people of different identities.
CONTENTS:
● Purpose (1)
● Philosophy (1-2)
● Terms (2-4)
● Policy Regulations (4-8): Policy Communication (4-5), Leadership & Administration (5-6), Curriculum & Instruction (6-7), Training (7), Policy Enforcement (7-8)
● Reporting (8-9)
● Investigation (9)
● Reporting to Outside Agencies (12)
PURPOSE:
The purpose of this policy is for the South Kingstown School District to be an actively anti-racist and anti-discriminatory school district with the ultimate goal of eliminating all forms of racism, discrimination and harassment from the South Kingstown School District in conjunction with related school policies.
The policy ensures compliance with Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Executive Order 11246, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act and related Rhode Island General Laws, Executive Orders and regulations and mandates adopted and issued by the Rhode Island Department of Elementary and Secondary Education.
This policy does not address requests for accommodations by students under Section 504 of the Rehabilitation Act of 1973, which requests are addressed in a separate policy.
This policy does not apply to compliance with Title IX of the Education Amendments of 1972, which shall be addressed in a separate policy.
PHILOSOPHY:
Personal and institutional racism and other forms of discrimination and harrassment against protected classes have historically existed and continue to exist in South Kingstown. Combating racism and other forms of discrimination in South Kingstown schools is a legal and moral imperative. In the District, there are significant disparities between racial groups in student academic performance, achievement, and participation in academic programs. These include disparities in academic guidance and course selection, graduation rates, Advanced Placement selection, special education identification, standardized test scores, and suspension rates. Disparities also exist between the racial demographics of the students in the district and the staff the district hires. These equity gaps exist because of inequitable access to opportunities that have significant intergenerational effects and perpetuate economic, social, and educational inequity. Racial inequities were created over time and can be eliminated. Similarly, discrimination on the basis of gender identity, sexual orientation, ability and other forms of discrimination have been perpetuated over time and manifest differently for different individuals. One form of discrimination often overlaps with other forms of prohibited discrimination and the compounded discrimination can be significantly greater than the sum of its parts.
Personal prejudice is learned and can be unlearned. Educators play a vital role in reducing racism and all forms of discrimination and inequity by recognizing the manifestations of racism and discrimination, creating culturally, gender and ability inclusive learning and working environments, and dismantling educational systems that directly or indirectly perpetuate racism, gender bias, ableism and privilege through teaching, policy, behavior patterns and practice.
I. DEFINITIONS
A. The following definitions are provided to assist in understanding this policy and the legal obligations of the South Kingstown School Department:
1. Antiracism: The practice of continually identifying, challenging, and changing the values, structures, beliefs, and behavior patterns that perpetuate interpersonal and systemic racism.
2. Racism: The systemic oppression of a racial group to the social, economic, and political advantage of another.
3. Harassment: Unwelcome verbal, written or physical conduct directed at a person based on their race or color, religion, gender expression, abilities or status as a member of a protected class (i.e, These groups include men and women on the basis of sex; any group which shares a common race, religion, color, or national origin; people over 40; and people with physical or mental handicaps), including slurs or insults, graffiti or symbols, hostile acts, nicknames, negative comments about appearance, imitating mannerisms, taunting, or invading personal space to intimidate.
4. Bullying: Unlawful harassment on the basis of any protected characteristic is not the same as “bullying,” although conduct that is “bullying” can constitute unlawful harassment, and vice-versa. The Committee has a separate policy on bullying. Generally, bullying can, but need not be, based on race, color, religion, gender, national or ethnic origin, age, disability, sexual orientation, gender identity or gender expression. It means the use by one or more students of a written, verbal, or electronic expression, or physical act or gesture, or any combination thereof directed at another student that causes physical or emotional harm to the student or damage to the student’s property; places the student in reasonable fear of harm to themselves, or of damage to their property; creates an intimidating, threatening, hostile, or abusive educational environment for the student; infringes on the rights of the student to participate in school activities; or materially and substantially disrupts the education process or the orderly operation of a school.
5. Cyber racism: Racism which occurs in the cyber world. This includes racism which occurs on the internet such as racist websites, images, blogs, videos and online comments as well as racist comments, images or language in text messages, emails or on social networking sites.
6. Interpersonal racism: Pre-judgment, bias, or discrimination by an individual toward another individual based on race. Individual racism includes both privately held beliefs, conscious and unconscious, and external behaviors and actions towards others.
7. Institutional racism: Occurs within institutions and organizations, such as schools, that adopt and maintain policies, practices, and procedures that often produce inequitable outcomes for students who identify as BIPOC (Black, Indigenous, and People of Color) and advantages for white people.
8. Culture: The customs, traditions, language, beliefs, arts, social institutions, values, and achievements of a racial, religious, or other groups within a community, nation, and/or people.
9. Gender Identity: A person’s deeply held sense or psychological knowledge of their own gender. One’s gender identity can be the same as or different from the gender assigned at birth.
10. Gender Expression: The manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice or mannerisms.
11. Transgender: Describes a person whose gender identity or expression is different from that traditionally associated with assigned sex at birth.
12. Gender Non-Conforming or Non-Binary: A term used to describe people whose gender expression differs from stereotypic expectations. This includes people who identify outside traditional gender categories or identify as both genders.
13. Sexual Orientation: Refers to a person’s romantic or sexual attraction to people if the same or opposite or multiple sexes.
14. Discrimination: Pre-judgment, bias, or unjust acts based on race, ethnicity, immigrant status, gender and gender identity, religion, age, and different abilities.
15. Restorative Justice/Reconciliation: A method used to repair the harm and trauma caused by an event or act that is damaging due to its racist and/or discriminatory intent, and to reconcile the relationships of the individuals involved to one of civility. The intended outcome is to promote healing within the school community and beyond.
16. Structural (or systemic) racism: Encompasses the history and current reality of institutional racism across all institutions and society. It refers to the history, culture, ideology, and interactions of institutions and policies that perpetuate a system of inequity that is detrimental to communities of color and the values we uphold in South Kingstown.
17. Complainant: A student, parent/guardian and/or district employee who is alleged to be the victim of conduct that could constitute racism, discrimination and/or harassment against a member of a protected class.
18. Respondent: An individual who is a current or former student or current employee and who has been reported to be the perpetrator of conduct that could constitute racism, discrimination and/or harassment against a member of a protected class.
19. Microaggressions: Everyday verbal, nonverbal, and environmental slights, snubs, insults, whether intentional or unintentional, that communicate hostile, derogatory or negative messages to target persons based solely upon their marginalized group membership.
II. POLICY REGULATIONS:
These regulations are designed to dismantle the interpersonal, institutional, and structural racism that exists in the District. The South Kingstown School Committee (“School Committee”) directs the following action:
III. POLICY COMMUNICATION & SHARED RESPONSIBILITIES
A. It shall be made clear to all employees of the District that racism and discrimination includes, but is not limited to: racially-motivated comments, microaggressions, slurs, jokes, pictures, objects, threats, physical assaults, and/or intimidation. It also includes institutionally or culturally racist policies, practices, and norms, unequal application of policies based on race, and unequal or biased treatment based on race. This includes behaviors, actions, or systems that may not be intended to be racist but harm people of color, as well as intentional racial harassment or discrimination.
Each member of the educational community is personally responsible for ensuring that their conduct does not in any way harass or discriminate against any other person that they have contact with in the performance of their duties or studies or while acting as a member of the school community. In addition, each member of the educational community is required to fully cooperate in any investigation of alleged discrimination, including harassment. Further, District employees are obligated to intervene and stop any discrimination, including harassment that they witness and to immediately report to the building Principal instances of discrimination, including harassment that are reported to them, they observe, or of which they otherwise learn.
B. Each school in the District shall post a public statement against racism, discrimination, and harassment in a location visible to students, staff, and visitors entering the school. The District shall also post a public statement in high-traffic locations at its main office and on the District’s website. The public statement shall read: “South Kingstown Public Schools are committed to establishing and sustaining an equitable community that achieves the District’s mission. The South Kingstown School district leadership and School Committee reject all forms of racism, discrimination, and harassment as destructive to the District’s mission, vision, values, and goals.”
C. The District shall establish a student organization at the middle school and high school to promote equity, diversity, and cultural empowerment, and for these students to serve as leaders and spokespersons within their schools and school district.
D. The District’s Anti-Racism, Anti-Discrimination and Anti-Harassment Policy shall be included in student handbooks provided to students and families.
E. The School Committee shall take necessary steps, in cooperation with all unions representing employees of the District, to ensure that the Anti- Racism Policy, Anti-Discrimination and Anti-Harassment Policy will be included in the various Collective Bargaining Agreements between the District and each union.
F. The School Committee shall also ensure that the Anti-Racism, Anti-Discrimination and Anti-Harrassment Policy is provided to the School Resource Officer (SRO) program administered through the South Kingstown Police Department’s Juvenile Division.
G. This policy shall be translated into the preferred language of all families in the District and be made available for families who speak those languages.
IV. LEADERSHIP AND ADMINISTRATION
A. The District shall address systemic racism as follows:
1. Develop and conduct a systemic Equity Needs Assessment (“Assessment”) for the District to identify policies and practices that cause or contribute to inequitable outcomes. The Assessment shall be done by an outside entity and shall include an inventory of what equity-related data is currently collected by the District. Following the Assessment, strategies shall be developed and implemented to address the identified issues.
2. Address disparities in course participation (including AP/Honors participation):
a. All school staff making class/course recommendations shall provide a written or electronic explanation for the recommendation to students and/or families.
b. School counselors shall be responsible for educating all students and families as equitable partners in the selection process and course sequencing.
c. Middle and High Schools will offer opportunities for supplementary coursework, such as summer bridge programs or tutoring during or after school, to students interested in moving to higher level courses.
3. The District shall implement strategies (such as Kingian non- violence training, trauma-informed techniques, de-escalation techniques, etc.) for conflict reconciliation and restorative justice as non-punitive methods to reduce and eventually eliminate racial disparities in discipline and suspension.
a. To ensure consistency in student discipline, each school shall collect and, at least annually, report data on the South Kingstown dashboard about all disciplinary actions. The data shall include, to the extent possible under the law, the student’s race/ethnicity, gender, gender identity, sexual orientation if known and disclosed by student, socio- economic status, special education, and English Language/ Multilingual Learner status, as well as a written explanation of the behavior leading to discipline and the specific corrective action taken. Each report shall comply with any and all federal and state laws and/or regulations, including the Individuals with Disabilities Education Act (“IDEA”), the Family Education Rights and Privacy Act (“FERPA”) and any other applicable privacy laws or regulations.
b. When school administrators determine a school community member has committed a racist or discriminatory act, that person shall be provided the opportunity to learn about the impact of the actions on others through practices as restorative justice, mediation, role play or other explicit policies or training resources, such as Kingian Nonviolence, conducted by trained personnel.
c. The district shall organize a standing social justice and equity committee/advisory group with representation at each school. This committee, consisting of students, faculty/staff, and stakeholders will recommend in-school cultural appreciation experiences for students and faculty, including but not limited to: educational opportunities such as assemblies, exhibits, guest speakers, field trips, etc. In addition, this committee shall recommend to the District what the needs are for each of the schools based on input from key stakeholders.
d. Each school will present this policy to the student body on the first day of school, demonstrating its high priority and setting the tone for the school year.
V. CURRICULUM AND INSTRUCTION
A. Recruiting, hiring and retaining teachers, staff, administrators, and coaches who identify as BIPOC, in addition to other underrepresented populations, shall be one of the District’s top priorities. Representative members of the BIPOC community, and other underrepresented populations, shall be invited to serve on the hiring committee for all new employees.
B. Curriculum and instructional materials for all grades shall reflect cultural and racial diversity and include a range of perspectives, identities, and experiences, particularly those of historically underrepresented groups of color.
C. All curriculum shall be examined for racial, cultural and other discriminatory bias against a protected class by the District’s Director of Curriculum. The District shall revise the present curriculum to reflect an antiracist/culturally empowered, anti-discriminatory lens and shall provide additional supplemental educational resources for students at every grade level.
D. Where materials reflect racial, cultural or other discriminatory bias against a protected class, teachers utilizing the materials will acknowledge the bias and communicate it to students and parents. The teacher will then seek other materials that have been approved by the District.
E. Student in-class and extra-curricular programs and activities shall be designed to provide opportunities for cross-cultural and cross-racial interactions to foster respect for cultural and racial diversity. The District shall support inter-school activities that will allow students to experience diversity (e.g. sharing a guest speaker, collaboration between student organizations, etc.).
VI. TRAINING
A. All School Committee members, administration, faculty, and staff shall be required to participate in training related to this this Anti-Racism, Anti- Discrimination and Anti-Harassment Policy on an annual basis.
B. All teachers, administrators and School Resource Officers shall be trained in implicit bias, cultural awareness and/or culturally responsive teaching practices. Culturally responsive, and anti-discriminatory, teaching practices shall be incorporated into teacher and administration evaluations, to the extent allowable through potentially required negotiations with the Union and approval by the Rhode Island Department of Education. Training should occur annually and shall be on-going.
C. All staff, including SROs, shall be engaged in on-going training such as Kingian nonviolence (i.e. workshops, and/or professional development), antiracism and anti-discrimination practices, antibias, cultural empowerment, trauma-infomed practices, conflict-resolution and de- escalation techniques and how each can produce equitable practices and outcomes.
D. This policy will be presented to the South Kingstown teachers and staff during the first staff meeting of the year by the building administration.
VII. POLICY ENFORCEMENT
A. School administrators at each school shall be responsible for collecting, reviewing and providing an annual report to the School Committee on data regarding racial disparities in areas including, but not limited to: student achievement, attendance, suspension/discipline, graduation rates, and Advanced Placement identification. The report shall also include evidence of growth in each area outlined by the Anti-racism, Anti-Discrimination and Anti-Harrasment Policy (i.e., communication, leadership and administration, curriculum and instruction). The written reports shall be made available to the public, to the student cultural empowerment group, and to school equity teams.
B. A report of each school’s compliance with this Policy shall be posted on the District website on an annual basis. The report shall include the number of reported incidents, type of incidents (student to student, staff to staff, student to staff, etc.), resulting actions and documentation of educational efforts. Each report shall comply with any and all federal and state laws and/or regulations, including the Individuals with Disabilities Education Act (“IDEA”), the Family Education Rights and Privacy Act (“FERPA”) and any other applicable privacy laws or regulations. In addition, data on staffing (hiring, number of positions, demographic make-up) and action towards goal attainment (recruitment and retention of a more diverse workforce, including TAs and student teachers) shall also be reported.
C. The Superintendent and School Committee shall be responsible for implementation and evaluation of district strategies for implementation of this Policy. Resources shall be set aside in the School District budget to allow for implementation of the Policy.
VIII. REPORTING
A. Foundational Principles
1. The South Kingstown School District encourages all members of the school community to attempt to resolve complaints and concerns through the District. All complaints shall be treated fairly and consistently, as confidential as possible, and resolved as speedily as possible.
2. Any member of the school community who raises an issue of racism, discrimination or harrasment in good faith shall not be victimized, retaliated against or otherwise treated unfairly. All complaints of victimization or retaliation shall be taken seriously, investigated, and acted upon as quickly as possible.
3. Every student and staff member in the South Kingstown School District should feel welcome, supported and emotionally and physically secure at school. The well-being of all students and employees are a priority for the District. The District understands that students and professionals cannot achieve their full potential if someone is treating them unfairly, discriminating against them, vilifying, harassing or victimizing them.
4. Anti-harassment investigation procedures, as contained in subsection VII, exist to provide an avenue to address unacceptable behavior and are designed to explain what to do if a student/employee believes they have been discriminated against. The District shall treat all reports fairly, confidentially and quickly. All complaints will be fully investigated and appropriate action will be taken to resolve the issue.
5. Any member of South Kingstown is encouraged to report incidents or allegations of incidents which violate the Anti- Racism, Anti-Discrimination and Anti-Harassment Policy and shall be assisted in the reporting by school staff.
B. Reporting Procedure
1. The District shall ensure there are various, including anonymous, means for students and staff to report racism and other forms of discrimination. When possible, complainants shall be encouraged to use names, so that a thorough investigation may be completed.
2. An online reporting form shall be made available on the District’s website and each District school’s website, for reporting violations of this Policy. This online form may be utilized by both students, parents/guardians, and employees. (Link to online reporting form).
3. Student and parents/guardians may also report an alleged violation of the Anti-Racism, Anti-Discrimination and Anti- Harassment Policy to any District employee. Any District employee who has knowledge of an incident or allegation of incident which violates the Anti-Racism, Anti-Discrimination and Anti-Harassment Policy is required to report it to the appropriate School District personnel (Superintendent, building level leaders and Human Resources), pursuant to the Investigation procedure, immediately.
4. District employees shall report alleged violations of the Anti- Racism, Anti-Discrimination and Anti-Harassment Policy through the online portal or to their building principal or, if the reporter is not located at a school or they feel that the building principal has a conflict of interest, to the appropriate School District personnel (Superintendent and Human Resources).
5. The District shall take any and all necessary mitigating measures to protect and keep reporting students safe after the reporting of a violation of this policy, including the use of safety plans and No Contact Orders.
IX. INVESTIGATION
A. Any SKSD affiliated student, parent/guardian or professional who believes that they have been subjected to a violation of this policy is encouraged to avail themselves of the District’s resolution procedures, as described below. However, the District is obligated to respond to any notice of unlawful discrimination, even if that notice is provided outside the complaint procedures described below. Any complainant may elect to bypass the District’s complaint procedures and file a complaint directly with one of the agencies listed below (see timeframe requirements for each agency). The District will strive to respect the confidentiality and privacy of those involved to the extent feasible. Retaliation against anyone who makes use of the complaint procedures below, or against anyone who participates in an investigation, is prohibited and will not be tolerated.
B. Informal Resolution Procedure
1. Employees and third parties may initiate the informal resolution procedure by notifying their immediate supervisor and/or a union representative of their complaint.
2. Students may initiate the informal resolution procedure by notifying the school principal or an adult of their choice of their complaint as detailed above.
3. The informal procedure can also be initiated by using the online reporting tool and/or communicating the complaint verbally.
4. The informal resolution procedure is intended to encourage communication and a resolution between the parties involved, through a trained mediator, who will facilitate a mutual understanding that will prevent a recurrence of such behavior. Any complainant may elect to bypass the informal resolution procedure and initiate the formal resolution procedure below.
C. Formal Resolution Procedure
1. Any employee, student or third party may submit a formal complaint alleging a violation of the District's Anti-Racism, Anti- Discrimination and Anti-Harassment policy. A formal complaint may be made through a written statement or by using the online reporting tool which shall set forth a statement of the facts describing the problem or action alleged to be discriminatory or racist and the specific remedy sought. Alternatively, oral complaints may be communicated to any District employee, and if needed, the District will assist complainants in transcribing their oral complaints into written statements. There is no statute of limitations when filing a report at the district level.
2. Formal complaints regarding students and/or building level staff shall be investigated by the school principal and shall be immediately reported to the superintendent. In the event that, after consultation with the superintendent, it is determined that the principal has a conflict or the scope and/or subject of the investigation requires a designee, the Superintendent shall investigate the complaint or designate an investigator.
3. Formal complaints regarding central office employees shall be investigated by the Director of the Department in which the complainant works and shall be immediately reported to the superintendent. In the event that, after consultation with the superintendent, it is determined that the director has a conflict or the scope and/or subject of the investigation requires a designee, the Superintendent shall investigate the complaint or designate an investigator.
4. The designated investigator shall conduct a prompt, reliable, impartial, and thorough investigation of the complaint. The investigation will afford all interested parties an opportunity to present witnesses and submit other evidence relevant to the complaint directly to the investigator. The Superintendent will maintain the files and records of the District relating to all such complaints.
D. Determination
1. The District shall issue a written report (“Report”) not to exceed 30 working days after the filing of the complaint. Under certain circumstances, such as delay occasioned by vacation periods or the complexity of the investigation, the District may extend this timeframe and will notify parties of the extension.
2. The Report should include background information, findings that resulted from the investigation, a proposed resolution and the rationale for any such resolution. To the extent possible, student and employee names and personally identifiable information shall be redacted from the Report.
3. Within a reasonable time after the Report is finalized, the School Principal, Director or Superintendent shall issue a written decision in which they revise (in full or in part), and/or confirm the Report (in full or in part). This written decision by the Superintendent (“Decision”) shall be sent to the complainant and respondent.
E. Appeals
1. Both parties shall have the right to an appeal from a determination regarding responsibility contained in the Report.
2. The School Committee shall serve as the decision-maker for any appeal that is taken, according to the following procedure:
a. If either party wishes to appeal from a written determination of responsibility, they must file a notice of appeal with the Title IX Coordinator within thirty (30) days from the date that the School District provided said written determination.
b. The District shall notify the other party in writing when an appeal is filed. Each party will then have ten days to submit a written statement in support of, or challenging, the outcome.
c. Following this ten-day period, the School Committee will take up the matter in executive session at its next business meeting.
d. The School Committee shall issue a written decision describing the result of the appeal and the rationale for the result and provide it to both parties simultaneously.
X. MONITORING
The District, as well as each individual school shall monitor how complaints are resolved and of the well-being of those involved. Further action will be taken if the racist, discriminatory and/or harassing behavior continues.
XI. REPORTING TO OUTSIDE AGENCIES
A. Even though the District encourages all members of the school community to attempt to resolve complaints and concerns through the District if possible, it recognizes the right to seek help from outside the District.
B. The availability and use of this complaint resolution procedure does not prevent a person from filing a complaint of discrimination with the following agencies:
Rhode Island Commission for Human Rights
180 Westminster Street, 3rd Floor
Providence, RI 02903
(401) 222-2661
File with EEOC within 180 days from the date of the alleged harm
Equal Employment Opportunity Commission (EEOC)
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
1-800-669-4000
File with EEOC within 180 days from the date of the alleged harm
Office for Civil Rights
United States Department of Education
5 Post Office Square Boston, MA 02109
(617) 289-0111