Edmunds School, 275 Main St., Burlington (at the corner of South Union Street). Photo by Flickr user Don Shall
BURLINGTON – A new system-wide policy that aims to stop hazing, bullying and harassment of Burlington’s students before it takes root, will be voted on by the Burlington School Board on Aug. 11 – just in time to implement in the 2015-16 school year, officials said.
The new prevention policy, which for the first time combines the legally separate issues of harassment, hazing and bullying, includes investigation and reporting procedures that are in line with a model policy developed by the Vermont Agency of Education.
A district committee devoted to governance, policy and advocacy issues, recommended adoption by the full city school board in August, according to a district news release.
Interim Superintendent Howard Smith said on Thursday that the new policy documents will hopefully ensure “a consistent set of procedures for investigating incidents.”
“Our new policy incorporates this model policy (from the state) and will serve as a helpful resource in appropriately addressing allegations of harassment, hazing or bullying,” he said.
Henri Sparks, the district’s director of equity, recommended minor changes to the state’s model policy that are specific to the needs of Burlington schools after meeting with district attorneys, the announcement said. Sparks was hired in 2012 after parents’ complaints that some children, including those of color, were facing discrimination.
School district staff is scheduled to begin training on the new policy and its procedures, if adopted, starting in August, and training will continue through the school year for students, parents and community members.
The consolidated policy and procedures allows designated employees to behave in a district-wide capacity, receiving and acting on any complaints. In addition, two or more designated employees at each school campus can serve in that role.
New language in the policy also adds that harassment will include but not be limited to pregnancy, parental and marital status, as well as gender expression.
One consequence of combining three policies “is that the notice, reporting and response obligations, investigation procedures, available remedies including discipline, appeal procedures, and retaliation protections have been extended to both hazing and bullying,” according to the legal opinion of Susan Gilfillan an attorney from McNeil, Leddy & Sheahan as submitted to the committee and Interim Superintendent Howard Smith.
“Numerous other changes to the procedures have been made as well, including that there is a specific right to appeal to the School Board,” Gilfillan stated.
Sexual harassment was added to the proposed policy, and spells out rules and employee boundaries with regards to students: “Sexual harassment also occurs where there exists a ‘Relationship of a Sexual Nature.’ ‘Relationship of a Sexual Nature’ means any kind of physical or verbal conduct by an employee with a student, engaged in by the employee for the purpose of obtaining power over the student through sexual activity or to gratify a sexual desire,” the new policy states.
“The District will regard any Relationship of a Sexual Nature between an employee and a student as unwelcome by the student,” the policy says.
Although the policy was written for statewide use, the aforementioned definition came more than two years after district Spanish teacher Giovanna Yaranga, 44, was arrested for felonious sexual exploitation after having sex repeatedly with a 17-year-old male student.
The recommended changes to the definition of “sex” and “relationship of a sexual nature” in the combined new policy “both originated from past lawsuits settled by the District,” wrote Gilfillan.
Gilfillan said the new policy’s changes mean a “substantial re-training effort will be necessary for all employees as well as the appointed Designated Employees who respond to complaints.”
If adopted, the proposed new consolidated policy will replace the district’s existing policies.
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