Rockville, Maryland
To: Members of the Board of Education
From: Patricia B. O’Neill, Chair, Board of Education Policy Management Committee
Subject: Final Action, Board Policy ACF, Sexual Harassment
On April 20, 2021, the Montgomery County Board of Education tentatively adopted amendments
to Board Policy ACF, Sexual Harassment (Resolution No. 186-21). The tentatively adopted
policy was distributed for public comments from April 20, 2021, to May 18, 2021. After review
of the public comments by the Board of Education Policy Management Committee (Committee)
on May 27, 2021, the Committee recommends the “Committee Recommended Draft” that will
be discussed by the full Board today.
The Committee Recommended Draft is included as Attachment A; a Summary of Public
Comments is included as Attachment B; public comments are included as Attachment C;
and the September 22, 2020, resolution, Temporary Suspension of Policy ACF, Sexual
Harassment (Resolution No. 442-20), is attached as Attachment D.
The Committee now is recommending that proposed amendments to Board Policy ACF, Sexual
Harassment, be approved for Final Action.
The following resolution is provided for your consideration:
WHEREAS, The Montgomery County Board of Education has articulated a long-standing
commitment that Montgomery County Public Schools students, employees, and third parties shall
learn and work in an environment free of sexual harassment; and
WHEREAS, The Policy Management Committee reviewed Policy ACF, Sexual Harassment,
in response to the September 22, 2020, resolution, Temporary Suspension of Board Policy ACF,
Sexual Harassment (Resolution No. 442-20), directing the Policy Management Committee
to develop amendments in alignment with the requirements of the new federal Title IX regulations,
promulgated by the U.S. Department of Education on May 6, 2020; and
Members of the Board of Education 2 June 29, 2021
WHEREAS, Federal regulations set forth a definition of sexual harassment and specific reporting,
investigation, and training procedures for K12 education institutions, as well as postsecondary
educational institutions receiving federal education funds; and
WHEREAS, The Policy Management Committee has developed draft amendments to Board
Policy ACF, Sexual Harassment, in compliance with state and federal requirements
for the reporting, investigation, and remedy of incidents of harassment; and
WHEREAS, The Policy Management Committee has developed draft amendments to Board
Policy ACF, Sexual Harassment, changing the title to Sexual Misconduct and Sexual Harassment
of Students, and relocating portions of the existing Board Policy ACF relevant to sexual harassment
of employees to a new draft Policy ACI, Sexual Harassment of Employees; and
WHEREAS, Amendments to Board Policy ACF, Sexual Harassment, were tentatively adopted
by the Board of Education on April 20, 2021 (Resolution 186-21), and sent out for public
comment; and
WHEREAS, The Board of Education has received comments from the public and the Policy
Management Committee’s recommendations; now therefore be it
Resolved, That the Board of Education adopts Board Policy ACF, Sexual Harassment, as amended
in the attached Committee Recommended Draft.
PBO:SPW:smd
Attachments
Related Entries: ACA, ACB, ACE, ACF-RA, GCC-RA, IGP-RA, GEG, 1
JFA, JFA-RA, JGA-RB, JGA-RC, JHC, JHC-RA, JHF, 2
JHF-RA 3
Supports; Human Resources and Development 6
7
8
10
11
13
To affirm the Board of Education’s opposition to prohibit 14
sexual misconduct and sexual harassment ion the Montgomery 15
County pPublic sSchool (MCPS) property system 16
17
prohibited and inappropriate behaviors 20
21
To create a mandate the to development of educational programs 22
designed to help MCPS employees and students recognize, 23
understand, prevent, and report take corrective action to end 24
sexual misconduct and sexual harassment 25
26
addressing complaints of sexual misconduct and sexual 28
ATTACHMENT A
1. The Montgomery County Board of Education (Board) does 33
not tolerate sexual misconduct or sexual harassment of 34
any kind of, or by, students in its educational programs 35
and activities, or property, under any circumstances. 36
For the purposes of this policy, MCPS property means any 37
school or other facility including grounds owned or 38
operated by MCPS, MCPS buses, and other MCPS vehicles 39
and the facility and/or grounds of any MCPS-sponsored 40
program or activity, which includes locations, events, 41
or circumstances over which MCPS exercises substantial 42
control over the individuals involved and the context in 43
which alleged harassment occurred. 44
45
may constitute sexual harassment. 47
2. Students, employees, and third parties have a right to 48
be free from sexual harassment. The Board is committed 49
to the creation and maintenance of an educational 50
environment in which all persons are free from all forms 51
of sexual misconduct and sexual harassment, and to the 52
prevention, correction, and discipline of behaviors that 53
violate this policy. 54
Sexual harassment is an unlawful form of discrimination on 55
the basis of sex under Title VII of the Civil Rights Act of 56
ATTACHMENT A
3 of 20
1964, as amended in 1972 and 1991, Title IX of the Education 57
Amendments of 1972, and Article 49B of the Annotated Code of 58
Maryland. Some forms of sexual harassment may also constitute 59
criminal conduct resulting in criminal penalties as has 60
occurred in some cases already decided. By issuing a single, 61
comprehensive policy statement, the Board of Education seeks 62
to clarify and reaffirm its commitment to ensuring that all 63
MCPS employees and students are provided with a work and 64
learning environment that is free of sexual harassment. 65
C. POSITION It is the responsibility of every supervisor 66
and principal to recognize acts of sexual harassment and take 67
necessary action to ensure that such instances are addressed 68
swiftly, fairly, and effectively. Consequently, all MCPS 69
administrative and supervisory staff in schools, offices, and 70
other facilities shall be cognizant of, and responsible for, 71
effectively implementing the sexual harassment complaint 72
resolution procedures established in this policMCPS does not 73
condone or tolerate any form of sexual harassment of, or by, 74
staff or students. MCPS is committed to the creation and 75
maintenance of a learning and work environment in which all 76
persons who participate in school programs and activities can 77
do so in an atmosphere free from all forms of sexual 78
harassment. The superintendent of schools is directed to 79
make every effort to make certain that everyone affected by 80
this policy shall be informed of its provisions and also that 81
infractions of it may be in violation of Federal or Maryland 82
civil and/or criminal laws. It is the intention of MCPS to 83
take whatever action may be needed to prevent, correct, and, 84
ATTACHMENT A
86
physical behavior, directed at an individual, 92
or against a particular group, because of that 93
individual’s or group’s actual or perceived 94
sex, sexual orientation, gender identity, 95
gender expression, marital status, 96
pregnancy/parenting status, and/or sex-based 97
stereotyping, based on conformance or 98
nonconformance to stereotypical notions of 99
masculinity or femininity, when the conduct is 100
unwelcome and meets the following criteria: 101
102
is made either explicitly or implicitly 104
a term or condition of an individual’s 105
education, or participation in a MCPS 106
activity or program; or 107
108
(b) Submission to or rejection of the conduct 109
is used as the basis for, or as a factor 110
in decisions affecting an individual’s 111
education, or participation in a MCPS 112
ATTACHMENT A
114
(c) The conduct has the purpose or effect of 115
creating an intimidating, hostile, or 116
offensive environment for an 117
individual’s education, or participation 118
in an MCPS activity or program; or 119
120
an individual’s education, or ability to 122
participate in a MCPS activity or 123
program; and 124
pervasive that it alters the terms, 127
conditions, or privileges of an individual’s 128
education, or participation in a MCPS activity 129
or program. 130
or electronic. 133
actionable under Title IX of the Education 138
Amendments of 1972, and its implementing 139
regulations, and other civil rights laws, 140
ATTACHMENT A
Education, if a MCPS student experiences 143
defined as unwelcome sexual advances, requests 144
for sexual favors, and other inappropriate 145
verbal, written, or physical conduct of a 146
sexual nature that takes place under any of 147
the following circumstances one or more of the 148
following: 149
explicitly or implicitly, a term or 152
condition of employment, instruction, or 153
participation in other school 154
activitiesA MCPS employee conditioning 155
the provision of an MCPS aid, benefit, or 156
service on an individual’s participation 157
in unwelcome sexual conduct; or 158
159
offender as the basis for making 162
personnel or academic decisions 163
affecting the individual subjected to 164
sexual advancesUnwelcome conduct 165
so severe, pervasive, and objectively 167
offensive that it effectively denies a 168
ATTACHMENT A
programs or activities; or 170
171
unreasonably interfering with the 173
individual’s work and/or academic 174
performance or creating an intimidating, 175
hostile, or offensive work or learning 176
environment“Sexual assault,” “dating 177
violence,” “domestic violence,” or 178
“stalking” as defined in federal law. 179
180
(2) For purposes of this policy, conduct does not 181
constitute prohibited sexual harassment in 182
violation of this policy if it occurred – 183
184
186
have substantial control over both the 188
harasser and the context in which the 189
harassment occurred. 190
under the totality of the circumstances, 194
including the frequency of the conduct, its 195
severity, whether it is physically threatening 196
ATTACHMENT A
or utterance. These factors are evaluated 198
from both subjective and objective viewpoints, 199
considering not only the effect that the 200
conduct actually had on the person, but also 201
the impact it would likely have had on a 202
reasonable person in the same situation. 203
204 (4) Conduct that does not meet the elements of 205
sexual harassment, as defined in federal law, 206
may constitute sexual misconduct which is also 207
subject to investigation and discipline in 208
accordance with Board Policy JHF, Bullying, 209
Harassment, or Intimidation, the Student Code 210
of Conduct in MCPS, and the MCPS Employee Code 211
of Conduct. 212
c) Conduct that may be considered sexual misconduct or 215
sexual harassment may include, but is not limited 216
to, offensive jokes, slurs, epithets or name 217
calling, physical assaults or threats, 218
intimidation, ridicule or mockery, insults or put-219
downs, offensive objects or pictures. 220
221
d) A third party is any person, other than a MCPS 222
employee or student, who participates in MCPS 223
activities or is present on MCPS property and is 224
ATTACHMENT A
under the authority or control of MCPS, and may 225
include, but is not limited to parents/guardians, 226
mentors, volunteers, vendors, contractors, 227
coaches, and others with whom employees and/or 228
students interact on MCPS property. 229
230
232
1. The superintendent of schools is directed to make every 233
effort to make certain that everyone affected by this 234
policy shall be informed of its provisions and also 235
informed that infractions of the policy may be in 236
violation of state or federal civil and/or criminal 237
laws, resulting in criminal penalties. 238
239
2. This policy applies to all incidents of sexual 240
harassment of a MCPS student. It addresses incidents 241
committed by students, employees, or third parties. 242
243 3. Sexual harassment can occur between any persons, as 244
single or repeated incidents. 245
246
Sexual harassment committed by students of either 248
sex against students or staff of the opposite or 249
same sex constitutes inappropriate behavior. 250
a) Students, or their parents/guardians, experiencing 251
or witnessing sexual misconduct or sexual 252
ATTACHMENT A
harassment of a student should report the matter to 253
their principal or other MCPS staff member who will 254
guide them in the reporting and investigation 255
process as well as other supportive measures 256
available. A report may also be made to the 257
Title IX sexual harassment reporting email drop box 258
at TitleIX@mcpsmd.org. 259
b) In all cases of sexual misconduct or sexual 261
harassment, all involved parties students will be 262
notified of available supportive measures. that 263
school counselors are available for counseling. 264
Supportive measures include, but are not limited 265
to, counseling, extensions of deadlines or other 266
course-related adjustments, modifications of class 267
schedules, or mutual restrictions on contact 268
between the parties. 269
individual who reports sexual misconduct or sexual 272
harassment in either an oral or written complaint, 273
or who participates in or cooperates with an 274
investigation. 275
ATTACHMENT A
collaboration with Student Welfare and Compliance and in 283
accordance with requirements of state and federal laws. 284
using the guidelines of Section E of this policy. 285
286
288
involving MCPS employees. It addresses incidents 290
committed by a person of either sex against a person of 291
the opposite or same sex. It also establishes that it 292
is against policy and recognizes that it is unlawful for 293
MCPS employees to commit acts of sexual harassment. 294
Depending on the severity of the offense, any MCPS 295
employee who violates this policy shall be subject to 296
appropriate disciplinary action. These may include but 297
are not limited to oral or written reprimand, 298
reassignment, demotion, suspension, or termination. In 299
all cases, parties will be notified that the Employee 300
Assistance Program is available for them. 301
302
and students or adult volunteers and students is 304
prohibited. 305
308
12 of 20
Employees and students also have a right to be free from 309
sexual harassment by others, including, but not limited 310
to contractors, vendors, and volunteers. The supervisor 311
or principal is responsible for investigating and taking 312
or recommending appropriate action to address complaints 313
of sexual harassment committed by others. 314
315
317
1. All MCPS employees and students are being educated to 318
recognize inappropriate sexual behavior conduct in all 319
its forms that which may constitute sexual misconduct or 320
sexual harassment. and 321
322
2. All students and employees are enabled to respond with 323
actions to prevent, correct, and/or eliminate these 324
offensive behaviorsreport sexual misconduct or sexual 325
harassment. from the MCPS system. 326
327 3. Effective and legally compliant measures for reporting, 328
investigating, responding, and providing supportive 329
measures are established and implemented. 330
331 4. MCPS students, employees, and third parties shall learn 332
and work in an environment free of sexual harassment. 333
334
336
1. Principles and Guidelines 337
a) Any MCPS employee or student who believes that he/she has 338
been subjected to sexual harassment has the right to file a 339
complaint and to receive prompt and appropriate handling of her/his 340
complaint. In all phases of the complaint resolution process, 341
every reasonable effort shall be made to maintain the 342
confidentiality and protect the privacy of all parties, consistent 343
with MCPS’ responsibility to investigate and address such 344
complaints. 345
b) b) Any MCPS employee or student who believes that he/she 346
has been subjected to sexual harassment should report such conduct 347
promptly, orally or in writing, , to the immediate 348
supervisor/principal , designated representative, or in a case 349
involving an employee, directly to the Equal Employment 350
Opportunity (EEO) Officer or Title IX compliance officer in the 351
Department of Human Relations. The supervisor/principal will 352
report to the EEO officer or Title IX compliance officer, any 353
complaint received regarding sexual harassment involving 354
employees. If the complaint involves MCPS employees, the 355
investigation will be conducted by the supervisor/principal or the 356
Department of Personnel Services through the Office of the 357
Associate Superintendent for Supportive Services in coordination 358
with the EEO Officer or Title IX compliance officer If the 359
complaint involves only students, the investigation will be 360
carried out in accordance with the provisions in Regulation JFA-361
RA: Implementation of Student Rights and Responsibilities for 362
allegations of misconduct. 363
c) The full circumstances of the situation will be considered in 364
ATTACHMENT A
the investigation of possible harassment incidents. In 365
determining whether the alleged conduct constitutes sexual 366
harassment, consideration shall be given to the record of the 367
incident as a whole and to the totality of the circumstances, 368
including the context in which the alleged incidents occurred. 369
Employees and students should be aware that they are responsible 370
for their conduct even if the conduct was not specifically intended 371
to harass. 372
d) Retaliation against an individual who either orally reports 373
or files a written complaint regarding sexual harassmentor who 374
participates in or cooperates with an investigation is prohibited. 375
The right to confidentiality, both of the complainant and the 376
accused, shall be preserved consistent with applicable laws and 377
MCPS’ responsibility to investigate and address such complaints. 378
e) MCPS employees and students should seek guidance, support, 379
and/or advocacy in addressing matters related to sexual harassment 380
or inappropriate behavior of a sexual nature. Employees of the 381
Department of Human Relations, Employee Assistance, and the Office 382
of Student Affairs are to be available for these services. 383
2. Strategies 384
1. The superintendent of schools will – direct the EEO 386
officer to coordinate the implementation of this policy. 387
Implementation activities will include, but not be 388
limited to: 389
a) appoint a Title IX Coordinator to coordinate the 391
implementation of this policy and related federal 392
ATTACHMENT A
394
in compliance with Title IX, including 396
investigative procedures that lead to the prompt 397
and equitable resolution of a complaint and the 398
provision of supportive measures as appropriate; 399
400
parents/guardians about this policy and associated 402
federal and state laws prohibiting sexual 403
misconduct or sexual harassment and how a student 404
may file a complaint, or receive assistance, by 405
widely disseminating information in documents such 406
as announcements, bulletins, brochures, 407
applications, contracts, and other communications; 408
409
to all MCPS employees and students that will inform 411
them of this policy, what sexual harassment is, 412
what the individual can do, and where to go for 413
help 414
provide – 418
ATTACHMENT A
principals, supervisors, and administrators 422
to all employees to ensure the appropriate 423
implementation of this policy. These training 424
programs shall be designed to:; and 425
426
(2) (1) a code of conduct and other guidance for 427
students, employees and others on MCPS 428
property with clear standards for responsible 429
behavior and appropriate conduct; and 430
Inform them of their duties, responsibilities, 431
and potential liabilities as workplace 432
managers when dealing with incidents involving 433
sexual harassment 434
for MCPS employees dealing with sexual 436
harassment to inform them of the policy, what 437
sexual harassment is, what the individual can 438
do, and where to go for help. The aim of such 439
training is to ensure increased awareness of 440
inappropriate behaviors prohibited by this 441
policy and other state and federal laws on 442
sexual harassment. 443
handling appropriately all incidents of sexual 445
harassment in MCPS. 446
ATTACHMENT A
by Maryland law; and 450
451
related to sexual misconduct and sexual harassment 454
in order to develop behaviors and attitudes that 455
mitigate against inappropriate sexual overtures and 456
pressures in school, work, and social settings. 457
Programs and curricula such as the Comprehensive 458
Guidance and Counseling Program, which already 459
include related competencies or objectives, should 460
include student materials regarding sexual 461
harassment. K-12 curricular modifications that 462
integrate activities and skill building to help 463
students understand and overcome sexual harassment 464
problems should be introduced as soon as possible. 465
466
2. Any student who violates this policy shall be subject to 467
appropriate disciplinary action responsive to the 468
offense in accordance with the MCPS Student Code of 469
Conduct. 470
3. Depending on the severity of the offense, appropriate 472
disciplinary action, from a conference to suspension or 473
expulsion, can be taken using the discipline policies 474
adopted by the Board of Education.At any time, a student 475
alleging a violation of Title IX, including but not 476
ATTACHMENT A
limited to sexual harassment, may file a complaint with 477
the U.S. Department of Education’s Office for Civil 478
Rights (OCR). A student is not required to file a 479
complaint with MCPS before or after making a complaint 480
with the U.S. Department of Education’s Office for Civil 481
Rights: 482
Rights 485
(http://www.ed.gov/about/offices/list/ocr/complai487
Rights 490
Building 492
Washington, DC 20202-1100 494
495
4. At any time, a student alleging crimes of a sexual nature 496
may report or file a complaint directly with law 497
enforcement: 498
Gaithersburg, MD 20878 503
SAFE 506
510
1. The superintendent of schools will report quarterly to 511
the Board of Education on reported sexual harassment and 512
sexual misconduct incidents and other compliance efforts 513
as required in this policy. The incident . Rreports 514
shall include quantitative as well as qualitative 515
monthly incident aggregated incident data from the 516
preceding quarter. The compliance report shall include 517
for both MCPS staff and students; complaint and 518
resolution process evaluations and improvements; 519
training statistics and schedules; ongoing evaluation 520
of work environments in all MCPS schools, offices, and 521
work locations; and, any other activities being planned 522
or carried out by MCPS that are relevant to the 523
successful implementation of this policy. 524
525
2. This policy will be reviewed on an on-going basis in 526
accordance with the Board of Education policy review 527
process. 528
529
530
531
Related Sources: Title VII of the Civil Rights Act of 1964, as 532
ATTACHMENT A
amended, 42 U.S.C. §2000e et seq; Title IX of 533
the Education Amendments of 1972, 20 U.S.C. 534
§1681 et seq; 29 C.F.R. §1604,11; 34 C.F.R 535
106.30(a); Annotated Code of Maryland, 536
Education Article, §6-104, §6-113, §6-113.2, 537
§7-303.1, §7-424, §7-424.1, §7-424.3, and §11-538
60; Annotated Code of Maryland, State 539
Government Article, Title 20, Human Relations; 540
Code of Maryland Regulations §13A.12.05.02; 541
Student Code of Conduct in MCPS; MCPS Employee 542
Code of Conduct; MCPS Guidelines for Student 543
Gender Identity 544
Policy History: Adopted by Resolution No. 837-92, November 23, 548
1992; amended by Resolution No. 466-96, June 24, 1996; amended . 549
550
Draft Board Policy ACF, Sexual Harassment
April 20, 2021 to June 11, 2021
6 Comments Received (note that commenters could identify as any combination of the
following):
2 self-identified as a Montgomery County community member.
2 comments were in favor of changes, but with additional requests.
1 comment was opposed.
2 respondents posed questions.
Transparency and uniformity in investigation procedures
Harassment or misconduct off MCPS property
Request for the policy to address students placed in private schools
Concern about offensive conduct including name-calling
Concern about restorative justice as a disciplinary response
Attachment B
Public Comments for Montgomery County Board of Education Draft Policy ACF, Sexual Harassment
# Comment on amendments to Board Policy ACF Name Last You are?
(Check All
Response to public comment
1 The idea that the Board of Education is going to legislate
“name-calling” among children is absurd. The vast
difference between “name-calling” and *actual* sexual
misconduct or assault should be obvious but apparently it
is not. Who is to say what is offensive? What offends one
person does not bother someone else at all. Is your intent to
throw children into juvenile hall or jail for calling someone
a name of a sexual nature? Shall a girl be expelled or
thrown in jail for calling a boy “sexy”, for example? This
is serious over-reach by MCPS. MCPS needs to stop
legislating every action or word out of a child’s mouth. The
biggest disservice you can do is to teach children the LIE
that the world will cater to their every personal whim and
that the world cares deeply about their individual feelings.
It does not. This will hardly create *resilient* adults.
Mireya Brogan MCPS
educated to recognize inappropirate sexual
conduct in all forms that may constitute
sexual misconduct or sexual harassment.
2 Please state whether the Policy applies to students
gathering and then waiting for the buses that pick them up
from their neighborhoods in the morning.
Brian Baysinger MCPS
or sexual harassment should report the matter
to their principal or other MCPS staff
member will guide them in the reporting and
investigation process as well as other
supportive measures.
Attachment C
Public Comments for Montgomery County Board of Education Draft Policy ACF, Sexual Harassment
3 Board Policy ACF is a valued step in greater
considerations of sexual misconduct in our community, but
it lacks transparency and uniformity in what occurs when a
report is actually filed. What investigations do the office of
student welfare and compliance undertake? What is the
principal's role? Students may be more likely to report if
they understand who will see their report and what
procedures an investigation will detail, especially with
regards to practices such as cross-examination which can
be extremely traumatizing.
Devlin Orlin MCPS
reluctant to report such incidents, and policy
directs the superintendent of schools to make
every effort to make certain that everyone
affected by this policy shall be informed of its
provisions.
4 Hello, MCPS Board of Education. I am a at
I would estimate that I read
about 200 male-on-female rape stories. I even exposed a
nude trafficking ring run by my own classmates. I am still
realizing how up that all is. I had anxiety attacks
every day last summer and I lost sleep. I am mentally doing
better now but I will never forget what I’ve read. I cannot
speak for all people, but I am generally satisfied with the
new sexual harassment policy. I am glad that it specifically
outlines what sexual harassment is, how a victim can
report, how training will be implemented, and how teacher-
on-student misconduct will be reported and handled. I am
especially happy with the fact that it will be reviewed and
updated. But I do have some complaints.
Jane Doe MCPS
Community
Member
2
Public Comments for Montgomery County Board of Education Draft Policy ACF, Sexual Harassment
4a (#4 continued) The issue is that it does not cover
misconduct that happens off campus. Lines 188-191 of the
student policy state that abusers did not violate MCPS
policy “under circumstances in which MCPS did not have
substantial control over both the harasser and the context in
which the harassment occur.” Most of the incidents I read
occurred off campus. If I get assaulted off campus and I
have a class with my abuser, in theory, that policy means
that my abuser won’t be punished, even if I report it to the
school. The abuser could obviously face legal
consequences but not school-based consequences. That
should not be its intent but it could be interpreted as such.
Abusers should not get off the hook in school because they
abused someone outside of school. If someone raped
someone outside of work and they were convicted of rape,
they would lose their job. MCPS should treat it similarly
and make sure that does not happen in any situation.
The provision noted quotes federal regulation
which the Board cannot alter regarding
circumstances under which MCPS does not
have substantial control. However, students,
or their parents/guardians, experiencing or
witnessing sexual misconduct or sexual
harassment of a student should report the
matter to their principal or other MCPS staff
member who will guide them in the reporting
and investigation process as well as other
supportive measures. Further, at any time, a
student alleging crimes of a sexual nature
may report or file a complaint directly with
law enforcement or the Safe Schools
Maryland tip line 1-833-MD-B-SAFE.
3
Public Comments for Montgomery County Board of Education Draft Policy ACF, Sexual Harassment
4b (#4 continued) Another thing is not the policy in and of
itself, it is how the policy is used. MCPS can be all talk but
no action. What I mean by that is that MCPS can
implement this policy but still treat sexual misconduct
victims the same way. MCPS said that they had zero
tolerance for sexual harassment before this policy, but they
still let abusers get off the hook. I’ve read a few dozen
forms that described how MCPS didn’t do much after
someone reported sexual misconduct. If someone told me
that MCPS did something about their incident with sexual
misconduct, I would be surprised. I am hoping that this
policy will actually change that. MCPS, implement this
policy, but practice what you preach. MCPS, this policy is
a good start in and of itself. But this could only somewhat
change how MCPS handles sexual misconduct. As long as
MCPS punishes all abusers and practices what they preach,
this policy will make change. If not, this will be the legacy
of MCPS. - Jane Doe,
4
Public Comments for Montgomery County Board of Education Draft Policy ACF, Sexual Harassment
5 The policy should address and protect the rights of students
that are privately placed by MCPS. All private schools and
agencies which have been entrusted with the education of
MCPS students should be asked to sign on to and agree to
be governed by this policy, or show evidence of existence
of clearly defined policies that support the right to be
educated in a hate-free environment free of sexual
harassment by other students and staff. MCPS should have
specific policies that establish joint action plans for sexual
harassment cases privately placed MCPS students and
those students who are in other school districts. The
policies should be equitable and protect the victim and the
victim's right to education as their case is being reviewed
by police and/or MCPS and private school.
Julide Aker MCPS
approved to operate as a nonpublic school
and is monitored by the Maryland State
Department of Education. Maryland
MCPS does not have Memoranda of
Understanding with private schools.
harassment, I should read into this more to comment.
My previous experience when my was
harassed
used instead of any measure of traditional discipline or
any effort to protect an innocent . 
.  
measures to be offered to students alleged
to be involved in incidents of sexual
harassment. Disciplinary consequences to
are not limited to restorative justice, and
individuals alleging incidents of sexual
harassment are not required to face the
individuals alleged to have harassed them.
In certain circumstances, restorative
traditional disciplinary consequence has
September 22, 2020
To: Members of the Board of Education
From: Patricia B. O’Neill, Chair, Board of Education Policy Management Committee
Subject: Temporary Suspension of Policy ACF, Sexual Harassment
On May 6, 2020, the U.S. Department of Education promulgated regulations to govern reporting, investigation, and discipline of incidents of sexual harassment as a form of sexual discrimination under Title IX of the Education Amendments of 1972, as amended. These regulations set forth a definition of sexual harassment and specific reporting, investigation, and training procedures for Grades K-12 education institutions as well as postsecondary educational institutions receiving federal education funds.
In advance of the August 14, 2020, effective date established by the Department of Education, Montgomery County Public Schools (MCPS) staff from the Student Welfare Compliance Unit, the Office of Employee Engagement and Labor Relations, and the Office of the General Counsel extensively researched and revised training materials, reporting and investigation procedures, and other required measures to be fully compliant with the federal regulations as of the effective date.
In order to affirm the intention of MCPS to comply fully with federal Title IX requirements, the following resolution is offered by Board action until the Board’s Policy Management Committee considers and revises Board Policy ACF, Sexual Harassment.
The following resolution is provided for your consideration:
WHEREAS, 20 U.S.C. § 1681 et seq. authorizes and directs school districts receiving federal financial assistance to effectuate Title IX of the Education Amendments of 1972, as amended; and
WHEREAS, On May 6, 2020, the United States Department of Education, Office of Civil Rights, published the final rule amending Title IX regulations at 34 C.F.R. Part 106; and
WHEREAS, The amended Title IX regulations were effective as of August 14, 2020; and
WHEREAS, The Montgomery County Board of Education has previously adopted prohibitions against discrimination on the basis of sex in MCPS programs or activities, as set forth in Policy ACA, Nondiscrimination, Equity, and Cultural Proficiency, Policy ACF, Sexual Harassment, and Policy JHF, Bullying, Harassment, or Intimidation; and
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Members of the Board of Education 2 September 22, 2020 WHEREAS, The Chief of Staff, Montgomery County Public Schools, oversees the Title IX Coordinator in the Student Welfare and Compliance Unit, who coordinates compliance with state and federal requirements regarding discrimination on the basis of sex; and WHEREAS, The MCPS Nondiscrimination Statement meets federal requirements to publicize the contact information for the Title IX Coordinator, on all major MCPS publications; now therefore be it Resolved, That the Board of Education hereby implements all aspects of the federal Title IX regulations, including, but not limited to, updated definitions of sexual harassment, equal treatment in responding to complaints of sexual harassment including notices to all parties as required, and an objective grievance process; and be it further Resolved, That the Board of Education will temporarily suspend Board Policy ACF, Sexual Harassment, and authorizes the superintendent of schools to establish required procedures while the Board’s Policy Management Committee revises Policy ACF to align with requirements of the new federal regulations.
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Related Entries: ACA, ACB, ACE, ACF-RA, GEG, JFA-RA
Responsible Office: Human Relations
Sexual Harassment
A. PURPOSE
To affirm the Board of Education’s opposition to sexual harassment in the Montgomery
County public school system
To establish explicitly the responsibilities of all MCPS employees and students by defining
conduct which constitutes prohibited and inappropriate behaviors
To create a mandate to develop educational programs designed to help MCPS employees and
students recognize, understand, prevent, and take corrective action to end sexual harassment
To establish the framework for effective procedures for addressing harassment complaints
B. ISSUE
Inappropriate sexual conduct will not be tolerated and may constitute sexual harassment.
Sexual harassment is an unlawful form of discrimination on the basis of sex under Title VII
of the Civil Rights Act of 1964, as amended in 1972 and 1991, Title IX of the Education
Amendment of 1972, and Article 49B of the Annotated Code of Maryland. Some forms of
sexual harassment may also constitute criminal conduct resulting in criminal penalties as has
occurred in some cases already decided.
By issuing a single, comprehensive policy statement, the Board of Education seeks to clarify
and reaffirm its commitment to ensuring that all MCPS employees and students are provided
with a work and learning environment that is free of sexual harassment.
C. POSITION
MCPS does not condone or tolerate any form of sexual harassment of, or by, staff or
students.
MCPS is committed to the creation and maintenance of a learning and work environment in
which all persons who participate in school programs and activities can do so in an
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atmosphere free from all forms of sexual harassment. The superintendent is directed to make
every effort to make certain that everyone affected by this policy shall be informed of its
provisions and also that infractions of it may be in violation of Federal or Maryland civil
and/or criminal laws. It is the intention of MCPS to take whatever action may be needed to
prevent, correct, and, if necessary, discipline behavior which violates this policy.
It is the responsibility of every supervisor and principal to recognize acts of sexual
harassment and take necessary action to ensure that such instances are addressed swiftly,
fairly, and effectively. Consequently, all MCPS administrative and supervisory staff in
schools, offices, and other facilities shall be cognizant of, and responsible for, effectively
implementing the sexual harassment complaint resolution procedures established in this
policy.
1. Definition
Sexual harassment is defined as unwelcome sexual advances, requests for sexual
favors, and other inappropriate verbal, written, or physical conduct of a sexual nature
that takes place under any of the following circumstances:
a) When submission to such conduct is made, explicitly or implicitly, a term or
condition of employment, instruction, or participation in other school
activities
b) When submission to or rejection of such conduct by an individual is used by
the offender as the basis for making personnel or academic decisions
affecting the individual subjected to sexual advances
c) When such conduct has the effect of unreasonably interfering with the
individual’s work and/or academic performance or creating an intimidating,
hostile, or offensive work or learning environment
2. Application to Employees
a) This policy applies to all sexual harassment incidents involving MCPS
employees. It addresses incidents committed by a person of either sex against
a person of the opposite or same sex. It also establishes that it is against
policy and recognizes that it is unlawful for MCPS employees to commit acts
of sexual harassment. Depending on the severity of the offense, any MCPS
employee who violates this policy shall be subject to appropriate disciplinary
action. These may include but are not limited to oral or written reprimand,
reassignment, demotion, suspension, or termination. In all cases, parties will
be notified that the Employee Assistance Program is available for them.
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b) Dating or sexual relationships between employees and students or adult
volunteers and students is prohibited.
3. Application to Students
Sexual harassment committed by students of either sex against students or staff of the
opposite or same sex constitutes inappropriate behavior. All allegations will be
investigated by the principal using the guidelines of Section E of this policy.
Depending on the severity of the offense, appropriate disciplinary action, from a
conference to suspension or expulsion, can be taken using the discipline policies
adopted by the Board of Education. In all cases, students will be notified that school
counselors are available for counseling.
4. Application to Others
Employees and students also have a right to be free from sexual harassment by
others, including, but not limited to contractors, vendors, and volunteers. The
supervisor or principal is responsible for investigating and taking or recommending
appropriate action to address complaints of sexual harassment committed by others.
D. DESIRED OUTCOME
All MCPS employees and students are being educated to recognize inappropriate sexual
behavior in all its forms which may constitute sexual harassment and are enabled to respond
with actions to prevent, correct, and/or eliminate these offensive behaviors from the MCPS
system.
1. Principles and Guidelines
a) Any MCPS employee or student who believes that he/she has been subjected
to sexual harassment has the right to file a complaint and to receive prompt
and appropriate handling of her/his complaint. In all phases of the complaint
resolution process, every reasonable effort shall be made to maintain the
confidentiality and protect the privacy of all parties, consistent with MCPS’
responsibility to investigate and address such complaints.
b) Any MCPS employee or student who believes that he/she has been subjected
to sexual harassment should report such conduct promptly, orally or in
writing, to the immediate supervisor/principal, a designated representative, or
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in a case involving an employee, directly to the Equal Employment
Opportunity (EEO) Officer or Title IX compliance officer in the Department
of Human Relations. The supervisor/principal will report to the EEO officer
or Title IX compliance officer, any complaint received regarding sexual
harassment involving employees. If the complaint involves MCPS
employees, the investigation will be conducted by the supervisor/principal or
the Department of Personnel Services through the Office of the Associate
Superintendent for Supportive Services in coordination with the EEO Officer
or Title IX compliance officer. If the complaint involves only students, the
investigation will be carried out in accordance with the provisions in
Regulation JFA-RA: Implementation of Student Rights and Responsibilities
for allegations of misconduct.
c) The full circumstances of the situation will be considered in the investigation
of possible harassment incidents. In determining whether the alleged conduct
constitutes sexual harassment, consideration shall be given to the record of
the incident as a whole and to the totality of the circumstances, including the
context in which the alleged incidents occurred. Employees and students
should be aware that they are responsible for their conduct even if the
conduct was not specifically intended to harass.
d) Retaliation against an individual who either orally reports or files a written
complaint regarding sexual harassment or who participates in or cooperates
with an investigation is prohibited. The right to confidentiality, both of the
complainant and the accused, shall be preserved consistent with applicable
laws and MCPS’ responsibility to investigate and address such complaints.
e) MCPS employees and students should seek guidance, support, and/or
advocacy in addressing matters related to sexual harassment or inappropriate
behavior of a sexual nature. Employees of the Department of Human
Relations, Employee Assistance, and the Office of Student Affairs are to be
available for these services.
2. Strategies
The superintendent will direct the EEO officer to coordinate the implementation of
this policy. Implementation activities will include, but not be limited to:
a) Education of all staff and students about this policy and associated federal
and state laws prohibiting sexual harassment by widely disseminating
information in documents such as announcements, bulletins, brochures,
applications, contracts, and other communications
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b) Publication and dissemination of information to all MCPS employees and
students that will inform them of this policy, what sexual harassment is, what
the individual can do, and where to go for help
c) Development of mandatory training seminars and in-service programs for all
principals, supervisors, and administrators to ensure the appropriate
implementation of this policy. These training programs shall be designed to:
(1) Inform them of their duties, responsibilities, and potential liabilities
as workplace managers when dealing with incidents involving sexual
harassment
(2) Assist them in developing training programs for MCPS employees
dealing with sexual harassment to inform them of the policy, what
sexual harassment is, what the individual can do, and where to go for
help. The aim of such training is to ensure increased awareness of
inappropriate behaviors prohibited by this policy and other state and
federal laws on sexual harassment.
(3) Provide clear guidelines and assistance for handling appropriately all
incidents of sexual harassment in MCPS.
d) Appropriate opportunities to educate students about matters related to sexual
harassment in order to develop behaviors and attitudes that mitigate against
inappropriate sexual overtures and pressures in school, work, and social
settings. Programs and curricula such as the Comprehensive Guidance and
Counseling Program, which already include related competencies or
objectives, should include student materials regarding sexual harassment. K-
12 curricular modifications that integrate activities and skill building to help
students understand and overcome sexual harassment problems should be
introduced as soon as possible.
F. REVIEW AND REPORTING
1. The superintendent will report quarterly to the Board of Education on reported sexual
harassment incidents. Reports shall include quantitative as well as qualitative
monthly incident aggregate data for both MCPS staff and students; complaint and
resolution process evaluations and improvements; training statistics and schedules;
ongoing evaluation of work environments in all MCPS schools, offices, and work
locations; and any other activities being planned or carried out by MCPS that are
relevant to the successful implementation of this policy.
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2. This policy will be reviewed on an on-going basis in accordance with the Board of
Education policy review process.
Policy History: Adopted by Resolution No. 837-92, November 23, 1992; amended by Resolution No. 466-96, June 24, 1996.
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1 ATTACHMENT A - Policy ACF - Committee Recommended Draft
2 ATTACHMENT B - Policy ACF - UPDATED Summary of Comments Received on ACF
3 ATTACHMENT C - Policy ACF - UPDATED Public Comments