Non-Discrimination
The Torrington Board of Education as a matter of policy does not knowingly condone discrimination on the basis of sex, age, race creed, national origin, or physical handicap in any services provided or operated by the Torrington Board of Education. Refer to Board of Education policy #1070, #4085 (Personnel), or #5170 (Students)
Additional forms can be viewed here.
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. (https://www.eeoc.gov/laws/types/harassment.cfm)
Title IX
Title IX remains a critical federal civil rights law that prohibits sex discrimination. It protects male and female students and employees in any educational entity that receives federal funds. The preamble to Title IX of the Education Amendments of 1972 states that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Any student claiming to have been discriminated against on the basis of sex by the policies or practices of the Torrington Board of Education, or any of its employees or agents, should follow the Torrington Board of Education Policy #5170 when filing a complaint. Any academic or non-academic employee claiming to have been discriminated against on the basis of sex by the policies or practices of the Torrington Board of Education, or any of its employees or agents, should follow the Torrington Board of Education Policy #4080 when filing a complaint.
Grievance Procedure:
1. Basic Requirements for the Grievance Procedures.
a. The District will treat complainants and respondents equitably.
b. The District prohibits any Title IX Coordinator, investigator, or decisionmaker from having a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
c. The District presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of the grievance procedures.
d. The District has established timeframes for the major stages of the grievance procedures. The District has also established the following process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the parties that includes the reason for the delay:
1) When determining whether a reasonable extension of timeframes is appropriate, the Title IX Coordinator shall pursue a two-step inquiry. When appropriate, the Title IX Coordinator shall make this determination in consultation with the investigator, decisionmaker, appeal decisionmaker and/or the informal resolution facilitator.
2) First, the Title IX Coordinator shall determine whether good cause exists. Good cause shall include, but is not limited to, the absence or illness of a party or a witness; concurrent law enforcement activity and/or activity by the Department of Children and Families; school being out of session; or particular circumstances based on the Title IX Coordinator’s experience and familiarity with the complaint that constitute good cause. Reasonable modifications for those with disabilities and language assistance for those with limited proficiency in English should be provided within the established timeframes without need for a reasonable extension.
3) The existence of good cause will not always require a reasonable extension. When evaluating whether such good cause warrants a reasonable extension of time, the Title IX Coordinator shall, in part, determine whether there is a reasonable alternative that may be pursued in lieu of an extension. Where no such alternative exists and where a reasonable extension is necessary to properly effectuate the District’s grievance procedures, the Title IX Coordinator shall determine an appropriate extension of time and provide notice of the period of extension to the parties in writing.
e. The District will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will be designed to not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consulting with their family members or confidential resources; or otherwise preparing for or participating in the grievance procedures. The District prohibits retaliation by or against any parties, including against witnesses.
f. The District will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory (tending to prove sex discrimination) and exculpatory evidence (tending to disprove sex discrimination). Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.
g. The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by the District to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:
1) Evidence that is protected under a privilege recognized by Federal or Connecticut law, unless the person to whom the privilege is owed has voluntarily waived the privilege;
2) A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the District obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and
3) Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.
h. The District will not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination. However, the District may remove a respondent from the District’s program or activity on an emergency basis, as discussed above.
Sexual Harassment of Employees Policy #4080
Sexual Harassment of Students Policy #5170
(Sexual Harassment Complaint Form/Witness Statement Form)
Title IX Formal Complaint and Request for Investigation
**Title IX requires that each public school district, as well as state-approved non-public special education programs, have at least one person designated as the Title IX Coordinator, to coordinate compliance with the law. Additionally, each district must have a designated Investigator, Decision-maker and an Appeal Decision-maker.
District Title IX Coordinator:
Kimberly Schulte
Director of Human Resources
(860) 489-2327 extension 1636
kschulte@torrington.org
Investigator:
Investigations will be done by Site-based Title IX Coordinators or by a Third-party investigator
Decision-maker:
Laura Klimaszewski
Executive Director of Student Services
(860) 489-2327 extension 1668
lklimaszewski@torrington.org
Appeal Decision-maker:
Michael J. Wilson
Superintendent
(860) 489-2327 extension 1623
mwilson@torrington.org
Office of Civil Rights:
Office of Civil Rights
United States Department of Education
5 Post Office Square
8th Floor
Boston, MA 02109-3921
(617) 289-0111
OCR.Boston@ed.gov
Click here to go to the Connecticut State Department of Education page on Title IX Gender Equity and Sexual Harassment
Title IX Coordinator Training Materials:
ADA
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and Title II of the Americans with Disabilities Act of 1990 (“Title II” or “ADA”) (collectively, “Section 504/ADA”) prohibit discrimination on the basis of disability. For the purposes of Section 504/ADA, the term “disability” with respect to an individual means: (a) a physical or mental impairment that substantially limits one or more major life activities of such individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment.
Any student claiming to have been discriminated against on the basis of a disability by the policies or practices of the Torrington Board of Education, or any of its employees or agents, should follow the Torrington Board of Education Policy #5004 when filing a complaint. Any academic or non-academic employee claiming to have been discriminated against on the basis of a disability by the policies or practices of the Torrington Board of Education, or any of its employees or agents, should follow the Torrington Board of Education Policy #4007 when filing a complaint.
If you are an employee and you believe that you have been discriminated against on the basis of disability, please follow the complaint procedure as outlined in Torrington Board of Education Policy #4007.
ADA/504 forms
Visit the Federal ADA website here