Annual Conference of the National Association of Independent Schools
Baltimore, Maryland
March 2, 2000

Presenters:

Dr. Richard S. Vacca, Senior Fellow, CEPI;

Ms. Beth Wolffe, Esq., The Wolffe Law Firm, Arlington, VA; and

Dr. Andrew J. Smith, Assistant Headmaster, St. Christopher’s School, Richmond, VA.

For further information, contact Dr. Richard Vacca at rsvacca@vcu.edu.

Presentation Highlights

The Law You Need to Know

• Harassment takes many forms: sexual, racial, disability, personal.
• A school’s liability, if any, can vary by federal statute, state statute, state and federal court decisions. No single legal standard applies to all situations.
• Assume school will be held liable for patently and/or repeatedly offensive conduct it knows about and has the power to control, yet fails to act, particularly when harm is foreseeable.

What To Do?

• Critical legal impact of school’s knowledge and the foreseeability of harm mandate: reporting policies and procedures; response policies and procedures; and some flat prohibitions (fighting, guns, threats?)
  From a legal standpoint it is equally important that the school has policies and procedures that it will follow.

Building A Harassment Policy

• Formal, written, covers entire school
• Reviewed by Board and school counsel
• Includes direct statement - no tolerance of harassment
• Identifies methods of harassment such as: verbal, written, physical, e-mail and school publications
• Identifies examples of harassment
• States that serious disciplinary consequences are possible for violation of policy
• States that policy applies to all school activities/functions
• Identifies duty to report harassment
• Promises protection from retaliation
• Identifies that duty to report applies to faculty, staff, and students
• Designates specific person(s) by title of position to whom reports must be promptly and thoroughly investigated

Practices and Procedures

• Establish written procedures for: reporting (include phone numbers, e-mail addresses, etc.); investigating; and carrying out disciplinary procedures
• State the confidentiality will be respected
• Publish and circulate policies and procedures to all students, parents, faculty, and staff
• Educate school community about harassment policies and procedures
• Educate students, faculty, and staff about harassment and how to avoid it
• Train those who will handle complaints
• Respond promptly and thoroughly to all reports/complaints

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