MILTON — The Milton School District is considering adopting a new Title IX policy in response to revised federal regulations prohibiting discrimination against LGBTQI+ students and employees.
The federal regulations, broad in scope, also protect those who are pregnant or who have been pregnant and require discipline and reprimands for those who sexually harass others, or commit sexual assault and violence.
The school board gave a first reading to its draft policy at its meeting Monday, a formality prior to potentially approving it when it next meets on July 22 at the district office, 448 E. High St.
In April, the U.S. Department of Education released a final rule that requires schools to take “prompt and effective action to end any sex discrimination in their education programs or activities–and to prevent its recurrence and remedy its effects.”
Milton Superintendent Rich Dahman cautioned that the lack of board approval would leave the district vulnerable to a lawsuit. The district has until Aug. 1 to approve the new regulations, or risk being in violation of federal law, face federal penalties or face lawsuits from students or staff members, Dahman said.
“The education department has yet to issue final regulations on Title IX’s mandates relative to student athletic participation, so we’re expecting those at some point over the next few months,” Dahman added.
The school district’s draft policy states that sex discrimination includes “discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”
It would prohibit the district from discriminating in its education program or in any activity against any student based on the student’s current, potential or past pregnancy or related conditions. Related conditions to pregnancy in the draft are defined as childbirth, termination of pregnancy, recovery from pregnancy or lactation.
In addition to sexual harassment, the draft discusses sexual assault, dating violence, domestic violence and stalking.
A section entitled “District’s Responsibilities with Respect to a Student’s Pregnancy or Related Conditions,” states that when an employee is informed of a student’s pregnancy or related conditions, the employee needs to give the person the Title IX coordinator’s contact information and tell them their rights.
The district is required to provide the student with the option of “reasonable modifications” to board policies, practices or procedures because of the pregnancy or condition and then allow access, on a “voluntary basis,” to any separate and comparable portion of the district’s education program or activity.
The district would allow a voluntary leave of absence, provide lactation space and/or maintain grievance procedures that provide for the prompt and equitable resolution of complaints of sex discrimination, including sex-based harassment.
The final rule requires “coordinators” who would examine cases and determine whether or not to proceed with discipline. The draft lists Title IX coordinators as Student Services Director Julia Garczynski, Activities Director Jeff Spiwak and Human Resources Director Jeff Spiwak.
The draft defines “formal” and “informal” discipline for students who violate the policy.
Informal discipline for students would include writing assignments, changing of seating, detention or “in-school discipline.”
Formal discipline would include suspension of bus riding or transportation privileges, removal from co-curricular and/or extracurricular activities, emergency removal, suspension for up to five school days, suspension for up to 15 consecutive school days if an expulsion hearing notice has been sent, suspension for up to 10 consecutive school days for each incident if the student is eligible for special education services, expulsion, permanent exclusion from co-curricular and/or activity, including athletics or class enrollment and any other sanction authorized by the Student Code of Conduct.
For employees, discipline includes an oral or written warning, written reprimands, required counseling, required counseling, required training or education, demotion, suspension with pay, suspension without pay and termination and any other sanction authorized by any applicable board policy and/or the employee handbook.
Each complaint would be kept on file for seven years. The policy covers sex discrimination that occurs on or after Aug. 1 of this year. Accusations of sex-based harassment documented prior to Aug. 1 would be addressed under the current policy. Both policies would exist indefinitely, Dahman said, in case there are any complaints filed with incidents prior to Aug. 1.
