Milton Academy Upper School Hazing and Harassment Policy

Milton Academy (“School” or “Academy”) is committed to providing a safe, respectful, and supportive learning and living environment in which all students can thrive and succeed at Milton. The Academy prohibits unlawful discrimination and harassment on the basis of actual or perceived age, race, color, sex, gender identity, religion, national origin, disability, sexual orientation, or any other legally protected class and ensures that all students have equal rights of access and equal enjoyment of the opportunities, advantages, privileges, and courses of study available at Milton. Please note that all matters related to sexual harassment fall under Milton Academy’s standalone Sexual Misconduct Policy.

Prohibitions

Milton Academy prohibits unlawful discrimination, hazing, harassment and retaliation, all as defined in the “Definitions” section below and described in more detail in this Policy.

Unlawful discrimination, hazing, harassment and retaliation are prohibited in School buildings, on School grounds, on property immediately adjacent to School grounds, and at School-related or School-sponsored activities, functions or programs, whether on or off School grounds. Unlawful discrimination, hazing, harassment and retaliation are also prohibited at School bus stops, on School buses and other vehicles owned, leased or used by the School, and through the use of technology or an electronic device owned, leased, or used by the School.

In addition, unlawful discrimination, hazing, harassment and retaliation are prohibited at a location, activity, function or program that is not School related, in a vehicle that is not owned, leased or used by the School, and through the use of technology or an electronic device that is not owned, leased, or used by the School, if the unlawful discrimination, hazing, harassment or retaliation creates a hostile environment at School for a targeted student; infringes on the rights or well being of a targeted student at School; or materially and substantially disrupts the educational process or the orderly operation of the School.

When imposing disciplinary consequences for hazing, both the principal organizer and any participant in the hazing are subject to punishment. Consent shall not be available as a defense to hazing.

The prohibitions set forth above apply regardless of the medium – for example and without limitation, in direct personal interactions, in any electronic or voice communication, and on blogs, social networking sites, Web-forums or other online sites.

Students or Academy staff (as defined below) knowingly in the presence of these rule violations add support by their presence and will also be held accountable.

Definitions

When used in this Policy, the following terms have the meaning ascribed to them below.

Unlawful Discrimination: Unlawful discrimination means the denial of equal educational opportunities based upon an individual’s actual or perceived age, race, color, sex, gender identity, religion, national origin, disability, sexual orientation, or any other legally protected class. The School is also committed to providing reasonable accommodations requested based on any disability as required under the Americans with Disabilities Act.

Hazing: Hazing means any conduct or method of initiation into any dorm, team, student association, student group, student organization, or similar whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation. (See Massachusetts Hazing Law attached to this Policy.)

Harassment: Harassment, generally, means unwelcome conduct or behavior that is personally offensive or threatening and that has the effect of impairing morale, interfering with a student’s work performance or creating an intimidating, hostile or offensive educational environment. Several more specific forms of harassment are defined and described in additional detail below.

Harassment can occur between two individuals or groups of individuals and can occur via any medium of communication – for example and without limitation, verbal, written, email, text messages, and postings on the Internet or social media (whether anonymous or authored). Forms of harassment include, but are not limited to, written and oral remarks, remarks posted online or to the campus computer network and messages left on voicemail systems.

Sexual Harassment: A form of sex discrimination that involves unwelcome advances, requests or conduct of a sexual nature when: (1) submission to or rejection of such advances, requests or conduct are made an explicit or implicit term or condition of an individual’s employment or academic status, or a basis for the evaluation of an academic; or (2) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s employment or education by creating a hostile, intimidating, humiliating, demeaning or sexually offensive work, educational, residential or social environment. Please see Milton Academy’s standalone Sexual Misconduct Policy for additional information.

Sexual Orientation Harassment: Sexual orientation harassment is harassment on the basis of a person’s actual or perceived sexual orientation and includes, without limitation, the use of names or nicknames emphasizing sexual stereotypes, and imitating physical characteristics or mannerisms associated with a person’s sexual orientation.

Gender Identity Harassment: Gender identity harassment is harassment on the basis of a person’s actual or perceived gender identity and includes, without limitation, the use of names or nicknames emphasizing gender stereotypes, and imitating physical characteristics or mannerisms associated with a person’s gender identity.

Disability Harassment: Disability harassment is harassment based on a person’s actual or perceived physical and/or mental disability and includes, without limitation, name calling, making derogatory references to the disabling condition, imitating the manners of speech and/or movement associated with the disability, or interfering with access to or use of necessary adaptive equipment or aides.

Racial, Color and National Origin Harassment: Racial, color and national origin harassment is harassment on the basis of a person’s actual or perceived race, color or national origin and includes, without limitation, the use of nicknames emphasizing racial stereotypes; racial slurs; and derogatory comments or conduct directed at an individual’s manner of speaking, national customs, surname, ethnic characteristics or language.

Religious Harassment: Religious harassment is harassment on the basis of a person’s actual or perceived religion or creed and includes, without limitation, the use of nicknames emphasizing religious stereotypes; religious slurs; and derogatory comments or conduct directed at an individual’s religion, religious traditions, religious symbols or religious clothing.

Hostile Environment: A hostile environment exists when harassment causes the School environment to be permeated with intimidation, ridicule or insult that is sufficiently severe or pervasive to alter the conditions of a student’s education.

Retaliation: Retaliation is any form of intimidation, reprisal, bullying or harassment directed against a student who reports unlawful discrimination, hazing or harassment, provides information during an investigation of unlawful discrimination, hazing or harassment, witnesses, has reliable information about unlawful discrimination, hazing or harassment or otherwise assists in the enforcement of this Policy.

Reporting Unlawful Discrimination, Hazing, Harassment or Retaliation; Confidentiality

Students: Any student who witnesses or feels that he or she or any other student has been the victim of unlawful discrimination, hazing, harassment or retaliation is strongly encouraged to report the matter promptly to the dean of students. Student reports of unlawful discrimination, hazing, harassment or retaliation may be made orally or in writing (via email or otherwise), and/or anonymously, although the School is prohibited from taking any disciplinary action against a student solely on the basis of an anonymous report. A student who knowingly makes a false accusation of unlawful discrimination, hazing, harassment or retaliation will be subject to disciplinary action, up to and including dismissal.

Parents/Guardians: The School urges the parents or guardians of a student who is the target of unlawful discrimination, hazing, harassment or retaliation or of a student who has witnessed or otherwise has relevant information about unlawful discrimination, hazing, harassment or retaliation to promptly notify the dean of students. Furthermore, any parent or guardian who has witnessed or otherwise has relevant information about unlawful discrimination, hazing, harassment or retaliation or feels that any student has been the victim of an act of unlawful discrimination, hazing, harassment or retaliation is strongly encouraged to report the matter promptly to the dean of students. Such reports of unlawful discrimination, hazing, harassment or retaliation may be made orally or in writing and/or anonymously, although the School is prohibited from taking any disciplinary action against a student solely on the basis of an anonymous report.

Faculty and Staff: Every person who is employed by the School in any capacity (collectively referred to in this Policy as “Academy staff”), must immediately report any act of unlawful discrimination, hazing, harassment or retaliation that the person witnesses or otherwise becomes aware of to the dean of students. Reports of unlawful discrimination, hazing, harassment or retaliation may be made orally or in writing, but Academy staff may not make reports under this Policy anonymously. An Academy staff member who knowingly makes a false accusation of unlawful discrimination, hazing, harassment or retaliation or who fails to immediately report an instance of unlawful discrimination, hazing, harassment or retaliation of which he or she is aware will be subject to disciplinary action, up to and including dismissal.

Alternative Outlets; Assistance/Support in Reporting: Any student, parent or Academy staff member who does not feel comfortable reporting unlawful discrimination, hazing, harassment or retaliation to the dean of students for any reason, may make their report to the head of school, Academy Counsel or chief human resources officer instead. The same reporting procedures and limitations described above, apply to any such report made. In addition, counselors are available in the Upper School to assist anyone needing support in reporting any prohibited activity under this Policy.

Confidentiality: Because information must be shared in order to conduct effective investigations under this Policy, the School cannot promise strict confidentiality to individuals reporting allegations of violations of this Policy. However, the School will only release information concerning complaints of unlawful discrimination, hazing, harassment and retaliation on a legitimate need-to-know basis and will do its best to uphold the privacy and confidentiality of all parties, when requested, to the extent practicable. In all cases, issues of confidentiality must be balanced against the School’s need to investigate and take appropriate action and will be considered in light of the School’s responsibility to provide a safe, healthy and nondiscriminatory environment for all students, including the student who reported the unlawful discrimination, hazing, harassment or retaliation.

School Response to Allegations of Unlawful Discrimination, Hazing, Harassment or Retaliation

Investigation: Once a complaint of unlawful discrimination, hazing, harassment or retaliation is received, the dean of students or designee will promptly conduct an impartial investigation of the complaint. The nature and extent of the investigation will depend upon the circumstances of the complaint and may include, without limitation, interviews with: the person who made the complaint; the student who was the target of the unlawful discrimination, hazing, harassment or retaliation; the person or persons against whom the complaint was made; any students, Academy staff or other person who witnessed or who may otherwise have relevant information about the alleged incident or the involved student(s); and the School’s mental health professionals. The investigation will be handled in as expeditious a manner as possible, given the facts and circumstances.

Determination of Disciplinary Process and Response: Upon completion of the investigation, the dean of students or designee shall prepare a written report outlining his conclusion(s) and the findings on which they are based. If unlawful discrimination, hazing, harassment or retaliation is found to have occurred, the dean of students will confer with the Upper School principal and head of school to determine the appropriate disciplinary process to follow (e.g., Dean’s Committee, Discipline Committee, Administrative Discipline Committee or some other process,* depending on the severity of the offense), and shall ensure that such process is promptly commenced. Disciplinary consequences imposed for unlawful discrimination, hazing, harassment or retaliation may include any form of discipline that the School imposes for other violations of its rules and policies, up to and including dismissal, provided that it balances the need for accountability with the need to teach appropriate behavior.

*The head of school retains final authority over all disciplinary matters at Milton Academy and may, in his or her discretion, make all final decisions regarding discipline, including the decision in any instance and for any reason to exercise jurisdiction over a disciplinary matter rather than referring the matter to the Academy’s normal disciplinary channels, or any committee or person.

Protection of Victim and Persons Reporting Unlawful Discrimination, Hazing, Harassment or Retaliation: Upon receipt of allegations of unlawful discrimination, hazing, harassment or retaliation, and before fully investigating the allegations, the dean of students or designee will work with the victim to assess their need for protection and take appropriate steps as necessary to restore a sense of safety for that student and/or to protect him or her from possible further incidents.

Where applicable, the dean of students or designee will also assess the need for protection and take appropriate steps to protect any person who reported, witnessed or provided information regarding the unlawful discrimination, hazing, harassment or retaliation during the investigation from further unlawful discrimination, hazing, harassment or retaliation. Responses to promote safety of the above individuals may include for example and without limitation, creating a personal safety plan; pre-determining seating arrangements for the target and perpetrator in the classroom, at lunch or on the bus; identifying an Academy staff member who will act as a “safe person” for the target; and altering the aggressor’s schedule and access to the target.

Record Keeping: For all reports of unlawful discrimination, hazing, harassment or retaliation, the dean of students will keep a confidential file containing the report, the investigation, and any steps taken in response to a finding of unlawful discrimination, hazing, harassment or retaliation.