East Burke School Policies

and

Procedures

POLICY ON PREVENTION OF HARASSMENT OF STUDENTS

I. Purpose.

A. The East Burke School (EBS) is committed to providing a safe and supportive school environment in which all students are treated with respect. This policy involves incident(s) and/or conduct that occurs on school property, on a school bus or at a school-sponsored activity, or misconduct not on school property, on a school bus or at a school-sponsored activity where direct harm to the welfare of the school can be demonstrated.

B.   The purpose of this policy is to prevent harassment as defined in 16 V.S.A. § 11(a)(26) and amended by Act 91 of 2004, and to ensure that EBS’s responses to allegations of harassment comply with 16 V.S.A. §565 as amended by Act 91of 2004, Title VI and IX of the Civil Rights Act.  It is the further purpose of this policy, when it is found that harassment has occurred, to ensure that prompt and appropriate remedial action, reasonably calculated to stop harassment, is taken by school district employees.

II. Definitions

A. Harassment

(1) “Harassment” means an incident or incidents of verbal, written, visual or physical conduct based on or motivated by a student’s or a student’s family member’s actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, or disability that has the purpose or effect of objectively and substantially undermining and detracting from or interfering with a student’s educational performance or access to school resources or creating an objectively intimidating, hostile, or offensive environment.

(2)  Harassment includes conduct which violates subsection (1) of this definition and constitutes one or more of the following:

(a)  Sexual harassment, which means conduct that includes unwelcome sexual advances, requests for sexual favors and other verbal, written, visual, or physical conduct of a sexual nature when one or both of the following occur:

(i)   Submission to that conduct is made either explicitly or implicitly a term or condition of a student’s education.

(ii)  Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student.

(b)  Racial harassment, which means conduct directed at the characteristics of a student’s or a student’s family member’s actual or perceived race or color, and includes the use of epithets, stereotypes, racial slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, and taunts on manner of speech and negative references to racial customs.

(c)        Harassment of members of other protected categories, which means conduct directed at the characteristics of a student’s or a student’s family member’s actual or perceived creed, national origin, marital status, sex, sexual orientation, or disability and includes the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, taunts on manner of speech, and negative references to customs related to any of these protected categories.

B.   "Complaint” means an oral or written report by a student or any person to an employee alleging that a student has been subjected to conduct that may rise to the level of harassment.

C. “Complainant” means a student who has filed an oral or written complaint to an employee or is the alleged victim in a report made by another alleging conduct and/or incident(s) that may rise to the level of harassment.

D. “Employee” includes any person employed directly by or retained through a contract with EBS, an agent of the school, a school board member, a student teacher, an intern or a school volunteer. For purposes of this policy, “agent of the school” includes supervisory union staff.

E.   “Designated Employee” means an employee who has been designated by EBS to receive complaints of harassment pursuant to 16 V.S.A. § 565(c)(1).

F.   “Principal” means the building level administrator, or his/her designee, at an independent or public school designated by a school governing board to be a school principal, headmaster, or technical center director.

III. Reporting of Student Harassment Complaints

A. A student who believes that s/he has been harassed, or who witnesses conduct that s/he believes might constitute harassment, should report the conduct to a designated employee, or to any other school employee.

B.   When a student reports such conduct to a school employee, other than a designated employee, that school employee shall refer the report to a designated employee.

C. An employee who witnesses conduct that s/he believes might constitute student harassment under this policy shall take prompt and appropriate action to stop the conduct and immediately report the conduct to a designated employee.

D. Any other person who witnesses conduct that s/he believes might constitute student harassment under this policy should report the conduct to a designated employee.

E.   Consistent with this policy and 16 V.S.A. §565, the Principal shall develop procedures regarding the reporting of student harassment complaints and EBS’s handling of such reports.

F.   Annually, EBS shall select two or more designated employees to receive complaints and shall publicize their availability.

IV. Procedures Following a Report

A. Consistent with this policy and 16 V.S.A. §565, the Principal shall develop procedures for complaint response following a report, initiation of an investigation, investigation, independent review, and alternative dispute resolution provisions.

B.   Independent Review: A complainant who desires independent review under 16 V.S.A. § 565(f) because s/he is either dissatisfied with the final determination of the school officials as to whether harassment occurred, or believes that, although a final determination was made that harassment occurred, the school’s response was inadequate to correct the problem, shall make such request in writing to the President of the EBS Board. Upon such request, the President  shall initiate an independent review, and shall comply with EBS’s procedures and any applicable rules on this subject promulgated by the Commissioner of the Vermont Department of Education (“Commissioner”).EBS may request an independent review at any stage of the process.

V. Discipline and/or Corrective Action.

If after investigation, harassment has been found, EBS shall take prompt and appropriate disciplinary or remedial action reasonably calculated to stop the harassment. Consistent with this policy, EBS’s Student Conduct and Discipline policy and 16 V.S.A. §565, the Principal shall develop procedures regarding discipline and corrective action including final action on a complaint, retaliation, false complaints, and appeal provisions.

There will be no adverse action taken against a person for reporting a complaint of harassment when the complainant has a good faith belief that harassment occurred or is occurring or for participating in or cooperating with an investigation. Any person who knowingly makes a false accusation regarding harassment will be subject to disciplinary action.

VI. Confidentiality; Notification of Results; and Record Keeping.

A. The privacy of (1) the complainant, (2) the accused individual, and (3) the witnesses shall be maintained consistent with EBS’s obligations to investigate, to take appropriate action, and to comply with laws governing the disclosure of student records or other applicable discovery or disclosure obligations.

B.   Subject to state and/or federal laws protecting the confidentiality of personally identifiable student information, the complainant and the accused individual shall be informed in writing of the results of the investigation. If either the complainant or the alleged individual is under the age of 18, subject to the above limitation, his or her parent(s) or guardian(s) shall be provided with a copy of this policy and related procedures, notified when an informal resolution to a harassment complaint is attempted, notified when a complaint is filed, and notified in writing of the investigation results. An authorized school official may seek waiver of confidentiality rights in order to inform the complainant of remedial measures undertaken.

C. The Principal shall assure that a record of any complaint, its investigation and disposition, as well as any disciplinary or remedial action taken following the completion of the investigation, is maintained by EBS in a confidential file accessible only to authorized persons. The report of the investigation shall be kept for at least six years after the report is completed.

VII. Mandatory Reporting to State Agencies

A. If a harassment complaint is made that conduct by a licensed educator might be grounds under the State Board of Education Rules for suspension or revocation of a license or endorsement, the Principal shall report the Commissioner.

B.   When a person responsible for reporting suspected child abuse under 33 V.S.A. § 4911, et seq., determines that a complaint made pursuant to this policy must be reported to the Commissioner of the Department for Children and Families, he or she shall make the report as required by law and related District policy. If the victim is a vulnerable adult, as that term is defined in 33 V.S.A. §6902(14), the report shall be made to Adult Protective Services in accordance with 33 V.S.A. § 6903 and 6904.

C.  Nothing in this policy shall preclude anyone from reporting any incidents and/or conduct that may be considered a criminal act to law enforcement officials.

considered a criminal act to law enforcement officials.

VIII. Dissemination of Information, Training, Comprehensive Plan for Responding to Student Misbehavior and Data Gathering.

A. Dissemination of Information. Annually, prior to the commencement of curricular and cocurricular activities, EBS shall provide notice of this policy and its procedures to students, custodial parents or guardians of students, and employees. Notice to students shall be in age-appropriate language and include examples of harassment. At a minimum, this notice shall appear in any publication of EBS that sets forth the comprehensive rules, procedures and standards of conduct for EBS.

B.   Training. The Principal shall develop age-appropriate methods of discussing the meaning and substance of this policy with students and staff to help prevent harassment. Training may be implemented within the context of professional development and the school curriculum to develop broad awareness and understanding among all members of the school community. Staff training shall enable staff to recognize, prevent and respond to harassment.

C. Comprehensive Plan for Responding to Student Misbehavior. EBS’s comprehensive plan pursuant to 16 V.S.A. §1161a(a)(6) shall include provisions that promote the positive development of youth and actions to prevent misconduct from escalating to the level of harassment.

D. Data Gathering. EBS shall provide the Vermont Department of Education with data requested by the Commissioner.

IX. Complaints to the Human Rights Commission and the U.S. Office of Civil Rights.

EXAMPLES OF SPECIFIC TYPES OF PROHIBITED HARASSMENT

Sexual Harassment
Examples of sexual harassment include, but are not limited to, unwelcome touching, crude jokes or pictures, discussions of sexual experiences, teasing related to sexual characteristics, pressure for sexual activity whether written, verbal or through physical gestures, display or sending of pornographic pictures or objects, obscene graffiti, and spreading rumors related to a person's alleged sexual activities. Demeaning comments about a student's ability to excel in a class historically considered a "boy's" or a "girl's" subject may constitute sexual harassment.

Racial and Color Harassment
Racial or color harassment can include unwelcome verbal, written or physical conduct directed at the characteristics of a person's actual or perceived race or color such as nicknames emphasizing stereotypes, racial slurs, comments, insults or taunts on manner of speaking, and negative references to racial customs.

Religious or Creed Harassment
Harassment on the basis of religion or creed includes unwelcome verbal, written or physical conduct directed at the characteristics of a person's religion or creed such as derogatory comments, insults or taunts regarding surnames, religious tradition, or religious clothing, or religious slurs or graffiti.

National Origin Harassment
Harassment on the basis of national origin includes unwelcome verbal, written or physical conduct directed at the characteristics of a person's national origin such as negative comments, insults or taunts regarding surnames, manner of speaking, customs, language or ethnic slurs.

Marital Status Harassment
Harassment on the basis of marital status includes unwelcome verbal, written or physical conduct directed at the characteristics of a person's marital status, such as comments, insults or taunts regarding pregnancy or being an unwed mother or father.

Sexual Orientation Harassment
Harassment on the basis of sexual orientation is unwelcome verbal, written or physical conduct directed at the characteristics of a person's sexual orientation such as ridicule, taunts, slurs, negative name calling and imitating mannerisms.

Disability Harassment
Harassment on the basis of a person's disabling mental or physical condition includes any unwelcome verbal, written or physical conduct directed at the characteristics of a person's disabling condition such as imitating manner of speech or movement, ridicule or insults based on manner of speech or movement or interference with necessary equipment

PROCEDURES FOR PREVENTION OF HARASSMENT OF STUDENTS AND HANDLING COMPLAINTS

The following administrative procedures apply to EBS’s policy of Prevention of Harassment of Students.

I. Definitions

The terms “harassment,” “employee,” “complaint,” “complainant,” “Principal,” and “designated employee” shall have the same meaning when used in these procedures as they are defined in EBS’s Prevention of Harassment of Students policy.

II. Designated Employees

The following employees have been designated by EBS to receive harassment complaints pursuant to the Prevention of Student Harassment policy and 16 V.S.A. §565(c)(1):

Ric Prescott,  Teacher
802 626 3075 or 802 274 0717 (Contact Information)

Leanne Gibson, Teacher

802 525 1040 (Contact Information)

III. Reporting Student Harassment Complaints

A. A student who believes that s/he has been harassed, or who witnesses conduct that s/he believes might constitute harassment, may report the conduct to a designated employee, or to any other school employee.

B.   When a student reports such conduct to a school employee, other than a designated employee, that school employee shall refer the report to a designated employee.

C. A complaint or report may be made either orally or in writing. If a complaint report is oral, a designated employee shall promptly reduce the report to writing, including the time, place, and nature of the conduct, and the identity of the participants and the complainant.

D. An employee who witnesses conduct that s/he believes might constitute student harassment under the Prevention of Harassment of Students policy shall take prompt and appropriate action to stop the conduct and immediately report the conduct to a designated employee.

E.   Any other person who witnesses conduct that s/he believes might constitute harassment under the Prevention of Harassment of Students policy should report the conduct to a designated employee.

F.   If one of the designated employees is the person alleged to be engaged in the conduct witnessed or complained of, the report shall be filed with the other designated employee.

IV. Procedures Following a Report

A. At any stage of the procedures following a complaint, the complainant and the accused individual may request alternative dispute resolution methods, including mediation, of EBS.

B.   When a designated employee receives a complaint, the designated employee shall complete a harassment complaint form based on the written or verbal allegations of the complainant.

C. The completed complaint form shall detail the alleged facts and circumstances of the incident or pattern of behavior. Harassment complaint records shall be maintained consistent with the requirements of the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.

D. Depending on (1) the nature of the accusations, (2) the age of the complainant and the accused individual, (3) the agreement of the complainant and (4) other relevant factors, the designated employee or another individual identified by the designated employee may attempt to resolve a complaint through a conversation with the complainant and the accused individual. If such informal resolution is either not appropriate or is unsuccessful, the designated employee shall initiate or cause to be initiated an investigation of the allegations in accord with the timelines established herein.

E.   Upon receipt of notice of a complaint, the designated employee shall provide a copy of the Prevention of Harassment Policy and these procedures to the complainant and the accused individual. If one of the above named is under 18 years of age, his/her parent(s) or guardian(s) shall be notified of the complaint and shall be provided with a copy of the policy and procedures.

F.   Unless special circumstances are present and documented, the Principal shall, no later than one school day after the receipt of a complaint, initiate or cause to be initiated, an investigation of the allegations. The Principal shall assign a person to conduct the investigation; nothing herein shall be construed to preclude the Principal from assigning him/herself or a designated employee as the investigator.

G. No later than five school days from the filing of the complaint with the designated employee, unless special circumstances are present and documented, the investigator shall submit a written initial determination to the Principal. The report shall include a statement of the findings of the investigator as to whether the allegations have been substantiated, and as to whether the alleged conduct constitutes a violation of the Prevention of Harassment of Students policy. When the initial determination is that an accused student has engaged in harassment, the Principal shall use his or her discretion to decide the appropriate disciplinary and/or corrective action. He/she shall also notify the parties of the results of the determination and as allowed by law, disciplinary and/or corrective action to result.

H. Consideration of whether a particular action or incident constitutes a violation of the harassment policy requires review of all the facts and surrounding circumstances. Although conduct may be found to be in violation of other standards of student or employee conduct or decorum, it shall not be deemed harassment when the subject of a complaint is an incident(s) that is not shown to have the effect of objectively and substantially undermining and detracting from or interfering with a student's educational performance or access to school resources or to have created an objectively intimidating, hostile, or offensive environment. Free expression rights of the First Amendment of the U.S. Constitution will be protected.

I.    All levels of internal review of the investigator’s initial determination, and the issuance of a final decision, shall, unless special circumstances are present and documented by EBS, be completed within 30 calendar days after the review is requested.

J.    When the initial determination is that an employee has engaged in harassment against a student, the President and/or Principal shall use his or her discretion to initiate disciplinary and/or corrective action in accord with EBS’s policies and procedures, employment contracts and state and federal law.

V. Independent review.

A. A complainant who desires independent review because s/he is either dissatisfied with the final decision of EBS as to whether harassment occurred, or believes that although a final decision was made that harassment occurred, EBS’s response was inadequate to correct the problem, shall make such request in writing to the President of the EBS Board of Directors.

B.   Upon such request, the President shall initiate an independent review by a neutral person selected from a list developed jointly by the Commissioner of Education and the Human Rights Commission and maintained by the Commissioner.

C. EBS shall cooperate with the independent reviewer so that s/he may proceed expeditiously. The review shall consist of, but is not limited to, an interview of the complainant and the relevant school officials and review of written materials involving the complaint maintained by the school or others. The independent reviewer shall be considered an agent of the school for purposes of being authorized to review confidential student records.

D. Consistent with Act 91, An Act Relating to Harassment in Schools, upon the conclusion of the review, the reviewer shall advise the complainant and the designated employee as to the sufficiency of the school’s investigation, its determination, the steps taken by the school to correct any harassment found to have occurred, and offer recommendations for any future steps EBS should take.  The reviewer shall advise the student of other remedies that may be available if the student remains dissatisfied and, if appropriate, may recommend mediation or other alternative dispute resolution.

E.   EBS may request an independent review at any stage of the process.

F.   EBS shall bear the cost of independent review.

VI. Discipline and/or Corrective Action

A.  Final Action on Complaint. EBS shall take prompt and appropriate disciplinary and/or corrective action reasonably calculated to stop the harassment. Disciplinary or corrective action may include, but shall not be limited to, warning, reprimand, education, training, counseling, suspension and/or expulsion of a student, and warning, reprimand, education, training, counseling, transfer, suspension and/or termination of an employee.

B.   Other Disciplinary Response. If the conduct does not rise to the level of harassment, but otherwise violates EBS’s disciplinary policies or Comprehensive Plan for Responding to Student Misbehavior including anti-bullying provisions, disciplinary or corrective action under those policies or plan shall be taken.

C. Retaliation. Acts of retaliation for reporting harassment or for cooperating in an investigation of harassment is unlawful pursuant to subdivision 4503(a)(5) of Title 9. There shall be no adverse action taken against a person for reporting a complaint of harassment when the complainant has a good faith belief that harassment has occurred or is occurring or for participating in or cooperating with an investigation. In the context of retaliation, “adverse action” means any form of intimidation or reprisal such as verbal/physical threats or abuse, diminishment of grades, suspension, expulsion, change in educational conditions, loss of privileges or benefits or other unwarranted disciplinary action in the case of students and includes any form of intimidation, reprisal or harassment such as suspension, termination, change in working conditions, loss of privileges or benefits or other disciplinary action in the case of employees. Any individual who retaliates against any employee or student who reports, testifies, assists or participates in an investigation or hearing relating to a harassment complaint shall be subject to appropriate action and/or discipline by EBS.

D. False Complaint. Any person who knowingly makes a false accusation regarding harassment shall be subject to disciplinary action up to and including suspension and expulsion with regard to students or up to and including discharge with regard to employees.

E.   Appeal: A person determined to be in violation of the Prevention of Harassment of Students policy may appeal the determination and/or any remedial action taken as a consequence of the determination.

1.   Student. If the person filing the appeal is a student, the appeal shall proceed in accordance with EBS’s policy and procedures governing discipline of students.

2.   Staff. Employees subject to disciplinary action shall appeal in accord with applicable statutes, collective bargaining agreements, and EBS’s policy and procedures.

VII. Confidentiality; Notification of Results; and Record Keeping.

A. The privacy of the complainant, the accused individual, and the witnesses shall be maintained consistent with (1) EBS’s obligations to investigate, (2) to take appropriate action, and (3) to comply with laws governing the disclosure of student records or other applicable discovery or disclosure obligations.

B.   Subject to state and/or federal laws protecting the confidentiality of personally identifiable student information, the complainant and the accused individual shall be informed in writing of the results of the investigation. If either the complainant or the alleged individual is under the age of 18, subject to the above limitation, his or her parent(s) or guardian(s) shall be provided with a copy of this policy and related procedures, notified when an informal resolution to a harassment complaint is attempted, when a complaint is filed, and in writing of the results of the investigation. An authorized school official may seek waiver of confidentiality rights in order to inform the complainant of remedial measures undertaken.

C. The Principal shall assure that a record of any complaint, its investigation and disposition, as well as any disciplinary or remedial action taken following the completion of the investigation, is maintained by EBS in a confidential file accessible only to authorized persons. The report of the investigation shall be kept for at least six years after the report is completed.

VIII. Mandatory Reporting to State Agencies

A. If a harassment complaint is made that conduct by a licensed educator might be grounds under the State Board of Education Rules for suspension or revocation of a license or endorsement, the Principal shall report the alleged conduct to the Commissioner.

B.   When a person responsible for reporting suspected child abuse under 33 V.S.A. § 4911, et seq., determines that a complaint made pursuant to the Prevention of Harassment of Students policy must be reported to the Commissioner of the Department for Children and Families, he or she shall make the report as required by law and related District policy. If the victim is a vulnerable adult, as that term is defined in 33 V.S.A. §6902(14), the report shall be made to Adult Protective Services in accordance with 33 V.S.A. § 6903 and 6904.

C. Nothing in these procedures shall preclude anyone from reporting any incidents and/or conduct that may be considered a criminal act to law enforcement officials.

IX. Complaints to the Vermont Human Rights Commission and the U.S. Office of Civil Rights.

In addition to, or as an alternative to filing a harassment complaint pursuant to this policy, a person may file a harassment complaint with the Vermont Human Rights Commission or the Office for Civil rights of the U.S. Department of Education at the following addresses:

Vermont Human Rights Commission
133 State Street
Montpelier, VT 05633-6301
(800) 416-2010 or (802) 828-2480 (voice or tty)

Director, Compliance Division Area II
Office of Civil Rights
U.S. Department of Education, Region I
John W. McCormack Post Office Courthouse, Rm. 222
Post Office Square
Boston, MA 02109
(617) 223-9667

HAZING

Policy
It is the policy of the East Burke School that it will provide safe, orderly, civil and positive learning environments. Hazing has no place in the East Burke School (EBS) and will not be tolerated. Accordingly, EBS adopts the following policy and procedures to prohibit hazing and will ensure the enforcement thereof.

Definitions

1. 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 EBS; 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:

• 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
• 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
• 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
• 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 EBS Board and provided that the activity or conduct furthers those goals in a manner that is appropriate, contemplated by the Board, and normal and customary for our school programs. An example of this exception might be reasonable athletic training exercises.

2. Organization means a fraternity, sorority, athletic team, association, corporation, order, society, corps, cooperative, club, or other similar group, whose members primarily are students of EBS.
3.  Pledging means any action or activity related to becoming a member of an organization.
4. 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.
5. Student means any person who: (1) is enrolled in any school or program operated by EBS, (2) has been accepted for admission into any school or program operated by EBS, or (3) intends to enroll in any school or program operated by EBS 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. EBS also shall effectively inform students about the substance of this hazing policy and its procedures by September 15^th

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 extra-curricular 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 EBS.

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, to the designated person. The report may be in writing or orally. 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(1), (7) and (9). 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 as outlined in policy F8.

Investigation of Reports of Hazing
The Principal, or 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
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.

1. 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 policy (F1) of this Policy Manual.
2. 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 or other contract.
3. 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 EBS’s purview.
4. Acts of hazing may also be illegal and may be prosecuted under 16 V.S.A. §§140b-140d or other state law.
5. Nothing in this policy shall limit or preclude EBS from disciplining a student or other person affiliated with EBS under any other District policy as well as under the terms 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.

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.

Weapons Policy

Policy:  It is the policy of the East Burke School to comply with the federal Gun Free Schools Act of 1994, and 16 V.S.A. §1166. It is further the intent of the school to maintain a student discipline system consistent with the requirements of the federal Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Vermont State Board of Education rules.

Definitions

1. For the purposes of this policy, the terms “weapon” and “school”, and “expelled” shall have the following meanings:
   • Weapon means a firearm as defined in Section 921 of Title 18 of the United States Code and 13 V.S.A. §4016, including:
     • any weapon whether loaded or unloaded which will or is designed to or may readily be converted to expel a projectile by the action of an explosive
     • the frame or receiver of any weapon described above
     • any firearm muffler or firearm silencer
     • any explosive, incendiary or poison gas
       • bomb
       • grenade
       • rocket having a propellant charge of more than four ounces
       • missile having an explosive or incendiary charge of more than one quarter ounce
       • mine, or
       • similar device
     • any weapon which will, or which may be readily converted to expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter
     • any combination of parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples and from which a destructive device may be readily assembled.
     • Any other weapon, device, instrument, material or substance whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury.
   • School  It includes school grounds, facilities, and school-sponsored events whether held on or off of school grounds and vehicles used to transport students to and from school or school activities.
   • Expelled means the termination for at least a calendar year of educational services to a student. At the discretion of the Board and administration, an expelled student may be afforded limited educational services at a site other than the school during the period of expulsion under this policy.

Sanctions: Any student who brings a weapon to school shall be brought by the Principal to the faculty for an expulsion hearing.

A student found by the faculty after a hearing to have brought a weapon to school shall be expelled for at least one calendar year. However, the faculty may modify the expulsion on a case by case basis when it finds circumstances such as, but not limited to:

1. The student was unaware that he or she had brought a weapon to school.
2. The student did not intend to use the weapon to threaten or endanger others.
3. The student is disabled and the misconduct is related to the disability.
4. The student does not present an ongoing threat to others and a lengthy expulsion would not serve the best interests of the pupil.

An expulsion hearing conducted under this policy shall afford due process as required by law. The principal shall annually provide the Commissioner of Education with descriptions of the circumstances surrounding expulsions imposed under this policy, the number of students expelled and the type of weapons involved. Any student who brings a weapon to school will be referred to a law enforcement agency and the procedures set forth in the School’s Weapons policy shall apply.

EBS Discipline Philosophy and Policy 

Adolescents will make mistakes in their attempt to understand the world around them and not all moral principles are readily understood. Some must be tested and transgressed before their importance is realized. Many ethical dilemmas are not easily separated into black and white categories, and the various shades of gray are difficult to navigate even for adults, particularly where one is confronted with two or more competing principles. In this process of trial and error, students will invariably make small, and sometimes, more significant errors. We understand that, but we also know that adolescents are not starting at zero in their moral development and that their intellectual capacity provides them with the ability to foresee some of the consequences of their behavior. Therefore, we do expect that students take responsibility for their actions by understanding and accepting the consequences. In this context, the consequences of one’s mistakes, as well as the kudos of unselfish and outstanding behavior, serve an important purpose and become essential learning tools. Because we believe and understand that every child learns in his or her own way, the consequences turned learning tools must be administered according to the needs and developmental stage of the individual. Fairness in this context means fairness to the developing child. We do, therefore, look at the needs of the individual first, but there clearly comes a time when the well being of an injured party or the common good of the community require consideration and protection. We expect all of our students to cooperate in the investigative process by telling the truth about a given incident. We expect them to be primarily committed to the truth, not to allegiances they feel for other students. This is a very difficult lesson – when does truth telling about serious issues devolve into tattle tales? We do not expect students to be in our ears about every minor transgression.   

Policy guidelines: 

1. The principal or his designee handles all student discipline issues in cooperation with the staff.
2. All parties involved, perpetrator(s) and victim(s), are provided a chance to tell their side in front of the principal and staff.
3.  If a student is uncomfortable when asked to come in front of the staff he or she can bring one person of his or her choice to the meeting.
4. Decisions about consequences and punishment are made by staff consensus. They will be communicated to all parents involved within 1 day. If a follow up letter is deemed appropriate it may become part of the student’s file.

Policy on Credits and Graduation Requirements

In order to graduate from the East Burke School and to receive a diploma, a student has to fulfill the following requirements:

     1.      Four-Year EBS attendees: Students, who have successfully completed the course of studies as laid out for each of their years of attendance have earned an East Burke School Diploma and have graduated from high school. The course of studies for each grade level typically consists of

 English, Math, History, Sciences, Foreign Language, Art, Physical Fitness / Health  

For each completed year of course studies, a student earns one (modified in August of 2006 from six credits per completed course to one credit per completed course) credit. The credits earned will be tallied on an official transcript at the end of each academic year. In order to graduate, a student needs at least 24 credits.  

The State of Vermont requires four years worth of full credit earned in high school English and one year of full credit earned in American History. The state requirement is part of EBS’s graduation requirements.

2.      Students who attend EBS for less than four years: Students, who join EBS during or after their 9^th grade will have to complete the course of studies as laid out for each of the grades they have not completed yet. Courses they have already taken may be substituted with other appropriate courses as agreed to by the principal. 24 credits are needed for graduation.  

       3. East Burke School will accept credits for transfer purposes only from accredited or approved institutions. Students may transfer all earned credits from their sending school. If, in the case of upper level (Junior or Senior) transfers the total number of credits exceeds 20 or more the Principal has the discretion of making both attendance policy decisions and final course decisions.

Absenteeism Policy

Parents must notify the principal as soon as possible after making the decision that a student will have to miss classes due to illness. Absences for reasons other than illness should be cleared with the principal ahead of time. In case of an absence longer than one day, the teachers will need time to put together meaningful assignments.

East Burke School Dress Code

Philosophy

EBS shall provide an environment conducive to the physical, mental, social, and emotional well-being of all students. The school climate shall foster a safe, secure, and caring learning environment which nurtures personal growth and promotes positive attitudes. Students are more often influenced by the current trends in fashion rather than the appropriate etiquette and often have difficulty understanding the effects of inappropriate dress. One way to address this issue is to establish a dress code. Dressing within the code is the responsibility of the parents and students.

Principles

All items of clothing shall be of such type and style and be worn in such manner so as not to unduly distract others or be considered immodest.  Shirts must be full length. Articles of clothing including accessories such as belts, buttons, or jewelry referring to drugs, profanity, sex, violence, gang membership, or displaying obscene or suggestive pictures or that present a dehumanizing message shall not be permitted.  Backless or bare midriff attire is not permitted.  Hats and caps are not to be worn in the building

Appropriate school attire (pants, skirts, dresses, jumpers, culottes, etc.) will be worn at all times during school hours and at school-sponsored events.  The hem of the garment shall at least approximate the knee (no higher than two inches above the top of the kneecap) when the student is standing and wearing the garment appropriately.  Pants, shorts, culottes, etc. must be secured around/about the waist.  Shorts must be "walking" shorts, pants and shorts must have a zipper or button fly. Shoes or appropriate footwear must be worn at all times.

Do not wear oversized jeans,  pajama pants/sleepwear,  leggings or leotards worn with extremely short skirts, sweaters, or jackets, strapless tops, tank tops, muscle tee shirts, or mesh shirts, exposed midriff tops or "crop" blouses.

Independent Study Policy

 The East Burke School offers the option of independent studies as a privilege under the following conditions: 

1. The independent study course may not take the place of a course offered.
2. The independent study must be substantially comparable in breadth and depth to a course offering in the proposed field of study. For half a credit the equivalent of a half year’s worth of course study needs to be covered.
3. The student planning an independent study has to submit to the respective teacher a proposal that covers in detail all the topics he or she is intending to study, the resources needed, and a time line by which each element of the independent study will be completed. The proposal must be submitted in writing (word processed). The respective supervising teacher can make changes as deemed necessary to make the proposal viable.

Policy regulating student pick-up

 Parents have to inform the principal whenever their child will be picked up

1. outside of the regular pick-up times.
2. by a person other than the parents or adults know to the staff as having pick-up privileges.

The East Burke School staff will not release students to unknown persons.