Freedom from Discrimination, Harassment, and Retaliation
How can students or families report discrimination, harassment, or retaliation, and what happens after a report?
Statement of Nondiscrimination
LTS prohibits discrimination, including harassment, against any student on the basis of race, color, religion, sex or gender, national origin, disability, age, or any other basis prohibited by law. Retaliation against anyone involved in the complaint and/or grievance process is a violation of school policy.
Discrimination and Harassment (Prohibited Conduct)
For purposes of LTS policy, the term “Prohibited Conduct” means discrimination or harassment against a student involving conduct directed at a student on the basis of race, color, religion, gender or sex, national origin, disability, age, or any other basis prohibited by law and that adversely affects the student, and/or that is so severe, persistent, or pervasive that the conduct
- affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
- has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
- otherwise adversely affects the student’s educational opportunities.
Examples of prohibited conduct may include offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, or need for accommodation; threatening or intimidating conduct; offensive jokes; name-calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other negative stereotypes; or other kinds of aggressive conduct such as theft or damage to property.
As noted above, LTS also considers gender-based harassment to be prohibited conduct. Gender-based harassment includes harassment based on a student’s gender, expression by the student of stereotypical characteristics associated with the student’s gender, or the student’s failure to conform to stereotypical behavior related to gender. Examples of gender-based harassment directed against a student, regardless of the student’s or the harasser’s actual or perceived sexual orientation or gender identity, may include, but not be limited to, offensive jokes; name-calling, slurs, or rumors; physical aggression or assault; threatening or intimidating conduct; or other kinds of aggressive conduct, such as theft or damage to property.
Retaliation
Retaliation against a person who makes a good faith report of prohibited conduct (meaning discrimination or harassment) is prohibited. Retaliation against a person who is participating in an investigation of reported prohibited conduct is also prohibited. A person who makes a false claim or offers false statements or refuses to cooperate with a Legacy investigation, however, may be subject to appropriate discipline.
Examples of retaliation may include threats, rumor spreading, ostracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not include petty slights or annoyances.
Reporting Prohibited Conduct
NOTE: The following procedures apply to allegations of prohibited conduct other than allegations of harassment prohibited by Title IX. For allegations of sex-based harassment that, if proved, would meet the definition of a formal complaint of sexual harassment under Title IX, please see the procedures outlined in “Freedom from Sexual Harassment ” in this handbook.
Any student who believes they have experienced prohibited conduct or retaliation or believes that another student has experienced prohibited conduct or retaliation should immediately report the alleged conduct to a teacher, a counselor, the principal or designee, or another school employee. The report may be made by the student’s parent.
Upon receiving a report of potential prohibited conduct, LTS will determine whether the allegations, if proven, would constitute prohibited discrimination, harassment, or retaliation. If not, LTS will determine if the allegations, if proven, would constitute bullying. If the alleged prohibited conduct, if proven, would constitute discrimination or harassment and would also be considered bullying, an investigation of bullying will also be conducted.
Investigation
To the extent possible, LTS will respect the privacy of the student; however, limited disclosures may be necessary to conduct a thorough investigation and to comply with law. Allegations of prohibited conduct will be promptly investigated.
The investigation may be conducted by the compliance coordinator or designee, or by a third party designated by LTS, such as an attorney. When appropriate, the principal or the student’s teacher(s) will be involved in or informed of the investigation.
If a law enforcement or other regulatory agency notifies LTS that it is investigating the matter and requests that the school delay its investigation, LTS will resume the investigation at the conclusion of the agency’s investigation.
During the course of an investigation and when appropriate, LTS will take interim action to address the alleged prohibited conduct.
If LTS’s investigation indicates that prohibited conduct occurred, appropriate disciplinary action and, in some cases, corrective action, will be taken to address the conduct. LTS may take disciplinary and corrective action even if the conduct that is the subject of the complaint was not unlawful.
All involved parties will be notified of the outcome of the investigation within the parameters and limits allowed under the Family Educational Rights and Privacy Act (FERPA).
Appeal
A student or parent who is dissatisfied with the outcome of the investigation of reported prohibited conduct may appeal through the LTS student and parent complaint and/or grievance procedure, beginning at Level II.