Student Civil Rights and Non-Discrimination Policy

Brookline Public Schools enforces a zero-tolerance policy for discrimination and bias-based misconduct to ensure all students feel safe and respected.

J 100 SECTION J STUDENTS 13. Student Civil Rights and Non-Discrimination Policy (Voted 4/30/26, #26-55) 1. Commitment to Non-Discrimination 2. Definitions 3. Discrimination and Harassment 4. Rights of Students in Protected Classes 5. Annual Reporting 6. Process and Contacts for Reporting Possible Discrimination, Harassment and/or Bias-Based Conduct 7. Federal and State Remedies 8. Legal Statutes 1. COMMITMENT TO NON-DISCRIMINATION The Public Schools of Brookline is committed to maintaining an educational environment where students of all backgrounds and experiences are physically and psychologically safe, connected, encouraged, and can flourish. We strive to eliminate all forms of bias and bigotry, including discrimination based on any individual´s actual or perceived race, color, sex, sexual orientation, gender identity, sex stereotypes, sex characteristics, religion, disability, age, genetic information, active military/veteran status, marital status, familial status, pregnancy or pregnancy-related conditions, homelessness, ancestry, ethnic background, national origin, natural or protective hairstyle or any other category protected by state or federal law. The Public Schools of Brookline is resolved that prejudice and disparate treatment will never impede our learners, consistent with our district goals: ● Joy in Learning ● Excellence in Teaching ● Culture of Collaboration ● Celebration of Differences ● Commitment to Equity ● Ethic of Wellness Schools will vigorously implement and actively enforce this policy to ensure that all of its daily operations are characterized by fairness, respect, and equity. Any violation of this policy will be viewed as serious misconduct and may result in discipline, up to and including termination of the offending employee or discipline of the responsible student consistent with the district’s Code of Conduct. POLICY MANUAL OF THE PUBLIC SCHOOLS OF BROOKLINE J 101 While this policy is aimed at promoting a learning environment that is free of discrimination or harassment of any kind, it is not intended to limit the district’s authority to discipline or take remedial or restorative action to address misconduct by a student, employee, or other community member that is found to be inappropriate and bias-based and/or sexual in nature, regardless of whether that misconduct satisfies the definition of discrimination or harassment under the law. It is important to note that schools must take action against discrimination, bullying and harassment and must take steps to prevent any misconduct that involves hate, bias, or prejudice while upholding students’ rights of freedom of speech and expression in school. Retaliation against any person who has reported a possible violation or participated in any manner in an investigation, proceeding, or hearing of a report of a violation of this policy, will similarly be viewed as serious misconduct and may also result in discipline (up to and including termination for district employees). Some instances of discrimination, harassment and sexual misconduct may also fall under the Bullying Prevention Policy, particularly when behavior involves repeated communication or actions that result in harm or disruption to a student's educational experience. In such cases, the matter will be reviewed under both policies. 2. DEFINITIONS a. Antisemitism: hostility, prejudice, discrimination or antagonism against Jews, both as individuals and as a group. It can be overt such as swastikas, slurs or threats, or more subtle codes, tropes and assumptions including stereotyping and conspiracy theorizing, that can lead to harassment and discrimination. b. Bias-Based Conduct means any unwelcome or inappropriate physical, verbal, written, graphic, or electronic conduct relating to a person’s actual or perceived Protected Class that does not involve severe, persistent or pervasive conduct that creates a hostile environment, but will likely create a hostile educational or work environment if the conduct persists. c. Discrimination includes, but is not limited to excluding from participation, denying the benefits of, or otherwise discriminating against individuals on the basis of a Protected Class, or any other category protected by state or federal law, in the administration of its educational and employment policies, or in its programs and activities, or in failing to provide equal access to designated youth groups d. Gender expression: the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyles, activities, voice, or mannerisms. e. Gender identity: a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth" POLICY MANUAL OF THE PUBLIC SCHOOLS OF BROOKLINE J 102 f. Gender nonconforming: a term used to describe people whose gender expression differs from stereotypic expectations. The terms "gender variant" or "gender atypical" are also used. g. Gender nonbinary: a term to describe people who identify as neither male nor female, and may use the pronoun, “they.” Other similar terms include gender queer and genderfluid. h. Gender transition: describes the experience by which a person goes from living and identifying as one gender to living and identifying as another. i. Harassment includes, but is not limited to, unwelcome, inappropriate, or illegal physical, verbal, written, graphic, or electronic conduct that relates to an individual’s actual or perceived Protected Class, that has the purpose or effect of creating a hostile education or work environment, or, if the conduct were to persist, would likely create a hostile education or work environment. A target/complainant may include a person reasonably affected by conduct directed toward another individual. j. Hostile environment is where physical, verbal, written, graphic or electronic conduct that relates to a person’s protected class is sufficiently severe, persistent or pervasive so that it unreasonably interferes with or limits the ability of a student to participate in or benefit from the district’s programs or activities. k. Islamophobia: hostility, prejudice, discrimination or antagonism against Islam or people who practice Islam. It encompasses prejudice, bias and stereotyping against Muslims, that can lead to harassment and discrimination. l. Non-discrimination refers to the principle of treating individuals equally, without bias based on characteristics such as race, gender, religion or disability. This concept is fundamental to the fight against racism and other forms of discrimination, promoting fairness and equality in various contexts, including employment, education and public services. m. Protected Class: A group of people with a common characteristic who are legally protected from discrimination on the basis of that characteristic. Protected c