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The Board of Education of Montgomery County adopted a policy in November 1992 that affirmed its opposition to sexual harassment and established specific guidelines to address sexual harassment among both employees and students of the Montgomery County Public Schools. The policy initiated actions by the school system to help employees and students recognize, understand, prevent and take corrective action to address sexual harassment and other inappropriate behavior of a sexual nature in the workplace and in instructional settings.
This document is intended to provide a summary of that policy. The following provides specific information about the policy itself, the definition of sexual harassment, the identification of conduct prohibited by the policy, and the expectations of the school system in upholding the policy. Information is also provided about other legal protection and where individuals may go for assistance. Specific guidelines are provided for both employees and students to address complaints about sexual harassment.
(Based on Board of Education Policy ACF: Sexual Harassment 65K PDF)
Inappropriate sexual conduct will not be tolerated and may constitute sexual harassment. The Montgomery County Public Schools (MCPS) does not condone or tolerate any form of sexual harassment involving employees or students. The school system 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 atmosphere free from all forms of sexual harassment.
MCPS will take appropriate action to prevent and correct behavior that violates this policy. If necessary, the school system will also take disciplinary action against employees and students. Employees who violate the policy will be subject to such actions as oral or written reprimand, professional counseling, reassignment, demotion, suspension or termination. Disciplinary actions for students who violate the policy include a conference, suspension and/or expulsion depending on the circumstances and severity of the offense.
The policy applies to all sexual harassment incidents involving MCPS employees and addresses acts committed by a person of either sex against a person of the opposite or same sex. The policy recognizes that it is unlawful for employees to commit acts of sexual harassment. Sexual harassment committed by students of either sex against students or staff of the opposite or same sex constitutes inappropriate behavior and is subject to disciplinary action under the Board of Education discipline policies.
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. The school system prohibits retaliation against an individual who reports an incident or cooperates with an investigation of a reported incident.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and/or other inappropriate verbal, written, or physical conduct of a sexual nature that takes place under any of the following circumstances:
- When submission to such conduct is made, explicitly or implicitly, a term or condition of employment, instruction or participation in other school activities;
- 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; and/or
- 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.
It is against MCPS policy and unlawful for MCPS employees to commit acts of sexual harassment. Sexual harassment committed by students against students or staff is inappropriate behavior and violates MCPS policies.
Prohibited conduct may include, but is not limited to, unwelcome behavior with sexual overtones that is intimidating or offensive to the recipient or observer of the behavior. For example:
- Grabbing, touching or patting
- Sexual propositions
- Sexually offensive pictures, magazines, notes, calendars, cartoons, or jokes
- Unwanted flirtations or advances
- Verbal abuse
- Repeated pressure or requests for sexual activities
- Rewards for granting sexual favors or the withholding of rewards for refusing to grant sexual favors
- Graphic comments about an individual's body or dress
- Sexually degrading names
Such conduct may also constitute sexual harassment. In determining whether prohibited conduct constitutes sexual harassment, consideration will be given to the totality of the circumstances, including the context in which the conduct occurred. Dating or sexual relationships between employees/adult volunteers and students is prohibited.
The expectation of the Board of Education is that employees and students will be committed to creating and maintaining an environment in which all persons participating in school programs and activities can do so in an atmosphere free from all forms of sexual harassment. In order to ensure the fulfillment of this expectation:
- MCPS policy on sexual harassment will be communicated to all employees and students.
- Education programs, to include all employees and students, will be implemented.
- Employees and students will be informed of procedures to follow for filing complaints of sexual harassment.
- Confidentiality will be maintained in all phases of the complaint process in accordance with policy and MCPS obligation to investigate and address complaints.
- Retaliation against anyone who files a complaint about sexual harassment or cooperates with an investigation is prohibited.
In addition to the Board of Education policy, there are several other federal and state measures that protect individuals from sexual harassment discrimination and provide specific prohibitions against acts of discrimination or other unlawful conduct.
- Title VII of the Civil Rights Act of 1964, as amended in 1972 and 1991, prohibits discrimination on the basis of sex in all terms, conditions or privileges of employment.
- Title IX of the Education Amendments of 1972, as amended, prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance.
- CIVIL CODE Article 49B of the Annotated Code of Maryland prohibits discrimination on the basis of sex with respect to compensation, terms, conditions or privileges of employment.
- CRIMINAL CODE Article 27, Section 464C, of the Annotated Code of Maryland prohibits coercive sexual contact against the will and without consent of the other person.
If you believe you are the subject of sexual harassment, you should report such incidents. You can report this information verbally or in writing to your immediate supervisor or principal. You may also report it directly to the MCPS Equal Employment Opportunity Officer within the Office of Human Resources at 301-279-3361.
When reporting such an incident, it is helpful to provide as much information as possible. Such information includes: (1) a description of the event or events, (2) the number of occurrences with dates and places, (3) the names of any witnesses, and (4) if appropriate, any documents, papers and/or other exhibits.
If you believe that you are the subject of sexual harassment or the focus of inappropriate behavior, you should report such incidents to your parents and school authorities. You can report the information verbally or in writing to the principal, a guidance counselor, a teacher, or another staff person. You may also contact the Department of Family and Community Partnerships at 301-279-3100 (TDD 301-279-3323)
When reporting an incident, it is helpful to provide as much information as possible. Such information includes: (1) a description of the event or events, (2) the number of occurrences with dates and places, (3) the names of any witnesses, and (4) if appropriate, documents, papers and/or other exhibits.
Students may receive guidance, advice, support, and/or advocacy from school staff, including administrators, counselors, teachers, or other staff. The Office of Student Affairs and the Department of Family and Community Partnerships are also sources of assistance.
Employees of the Montgomery County Public Schools may contact any of the following individuals or offices for guidance, information, or resolution of a sexual harassment issue:
- Your supervisor, principal, or director
- Department of Family and Community Partnerships at 301-279-3100
- Department of Human Resources at 301-279-3361
- Employee Assistance at 301-279-3197
Students of the Montgomery County Public Schools may contact any of the following individuals or offices for guidance, information, or resolution of a sexual harassment issue:
- Your school principal, counselors, teachers or other identified staff
- Department of Student Affairs at 301-279-4957
- Department of Family and Community Partnerships at 301-279-3100
In addition to offices and departments of the Montgomery County Public Schools, there are other agencies at local, state and national levels that can provide information, assistance and referrals concerning sexual harassment issues.
- Human Relations Commission at 240-777-8450 (TDD 240-777-8480)
- Commission for Women at 301-279-8300
- Maryland Commission on Human Relations at 410-767-8600 (1-800-637-6247)
- Federal Equal Employment Opportunity Commission at 410-962-3932
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