It is the policy of the Chittenden South
Supervisory Union (hereinafter "District") that all its schools
provide safe, orderly, civil and positive learning environments. Hazing has no place in the District's
schools and will not be tolerated.
Accordingly, the District adopts the following policy and procedures to
prohibit hazing and will ensure the enforcement thereof.
"Hazing" means any act committed by
a person, whether individually or in concert with others, against a student in
connection with pledging, being initiated into, affiliating with, holding
office in, or maintaining membership in any organization which is affiliated
with the District; and which is intended to have the effect of, or should
reasonably be expected to have the effect of, humiliating, intimidating or
demeaning the student or endangering the mental or physical health of the
student. "Hazing" also
includes soliciting, directing, aiding, or otherwise participating actively or
passively in the above acts. Hazing may
occur on or off school grounds.
Examples of hazing include:
1. Any
type of physical brutality such as whipping, beating, striking, branding,
electrical shocks, placing a harmful substance on or in the body, or other
similar activity; or
2. Any
type pf physical activity such as sleep deprivation, exposure to the elements,
confinement in a small space, or other activity that creates or results in an
unreasonable risk of harm or that adversely affects the mental or physical
health or safety of the student; or
3. Any
activity involving consumption of food, liquid, alcoholic beverage, liquor,
drug, or other substance that subjects a student to an unreasonable risk of
harm; or
4. Any
activity that induces, causes, or requires a student to perform a duty pr task,
which involves the commission of a crime or an act of hazing.
Hazing shall not include any activity or
conduct that furthers the legitimate curricular, extracurricular, or military
training program goals provided that the goals are approved by the School Board
of the District and provided that the activity or conduct furthers those goals
in a manner that is appropriate, contemplated by the School Board, and normal
and customary for similar public school programs. An example of this exception might be reasonable athletic
training exercises.
"Organization" means a fraternity, sorority, athletic team,
association, corporation, order, society, corps, cooperative, club, or other
similar group, whose members primarily are students of the District, and which
is affiliated with the District.
"Pledging" means any action or activity related to
becoming a member of an organization.
"Principal" means the principal of a school or the
director of a technical center or any person designated by them to carry out a
particular function.
"Student" means the person who: (1) is enrolled in any
school or program operated by the District, (2) has been accepted for admission
into any school or program operated by the District, or (3) intends to enroll
in any school or program operated by the District during any of its regular
sessions after an official academic break.
Annually, the student handbook, which shall be
presented to students prior to the commencement of any academic courses, shall
contain; (1) a description of this hazing policy in age-appropriate language,
(2) examples of hazing, and (3) a listing of those persons whom the Board has
designated to receive reports of hazing.
The schools of the District also shall effectively inform students about
the substance of this hazing policy and its procedures by developing local
procedures.
Each student who participates in a co- or
extra-curricular activity that begins prior to the commencement of any academic
courses shall be provided by the coach or supervisor of the co- or
extra-curricular activity a copy of the excerpt from the student handbook
regarding the hazing policy prior to the first practice session. Each coach or supervisor of a co- or
extra-curricular activity shall orally explain to participants the prohibition
against hazing, the reasons for the prohibition, and the potential consequences
to participants and, in the case of a club or an athletic team, to the club or
team itself.
Annual, custodial parents and guardians of
students shall be provided a copy of this hazing policy prior to the
commencement of co- or extra-curricular activities.
Annually, staff members shall be provided with
a copy of this hazing policy prior to the opening of school. Coaches or supervisors of co- or
extra-curricular activities shall be provided a copy of this hazing policy upon
employment by the District.
Reporting of Hazing
Students who have reason to believe that an
incident of hazing might or did occur shall report such belief to any coach of
an extracurricular team, teacher, school nurse, guidance counselor, or school
administrator. Staff members who have
received such a report from a student or who otherwise have reason to believe
that an incident of hazing might or did occur shall report such belief to the
principal of the school, or, in the event the unavailability of the principal,
the principal's designee. The report
may be in writing or orally. If the report
is made orally, the receiver shall make a written record of the report.
It shall be a violation of this policy for a
person to retaliate against a student or other person for reporting a suspected
incident of hazing or cooperating in any investigation or disciplinary
proceeding regarding an incident of hazing.
It is possible that an incident of hazing
might also fall within the definition of abuse, neglect, or exploitation as
those terms are defined in 33 VSA §4912 (2) and 33 VSA §6902 (1), (7) and
(9). To the extent of a staff member is
a mandatory reporter of suspected child abuse or neglect or abuse of disabled
adults, reporting a suspected incident of hazing tot the principal does not
relieve the reporter of any obligations additionally to report such suspicions
to the Commissioner of the Vermont Department of Social and Rehabilitation
Services as set forth in 33 VSA §4914 or to the Commissioner of the Department
of Aging and Disabilities as set forth in 33 VSA §6904.
Investigation of Reports of Hazing
The principal, or in the event of the
unavailability of the principal, the principal's designee, upon receipt of a
report of hazing, promptly shall cause an investigation to commence. The investigation shall be timely and
thorough and the findings and conclusions of the investigation shall be reduced
to writing. Unless there are
exceptional circumstances, the investigation shall be concluded within ten
school days.
If the investigation concludes a student
committed an act of hazing or otherwise violated this policy, that student
shall be subject to appropriate disciplinary action, including but not limited
to suspension or expulsion from co- or extra-curricular activities or from
school. Any disciplinary action against
a student shall be subject to the procedures set forth in the Disciplinary
Policy of this Policy Manual.
If the investigation concludes that two or
more students from the same athletic team or other co- or extra-curricular
activity directed, engaged in, aided or otherwise participated in actively or
passively an incident of hazing, disciplinary action may be imposed against the
team or activity, including cancellation of one or more athletic contests or
the entire athletic season.
It is not a defense in a disciplinary
proceeding under this policy that the person against whom the hazing was
directed consented to or acquiesced in the hazing activity.
Nothing in this policy shall limit or preclude
the District from disciplining a student or other person affiliated with the
District under any other District policy as well as under the terms of this
policy.
The principal shall ensure that each staff
member, with particular emphasis on staff members who are coaches or
supervisors of co- or extra-curricular activities, receive training in
preventing, recognizing and responding to hazing. The principal shall develop procedures for such training
activities.
All staff members are subject to the
confidentiality requirements of the Family Education Right and Privacy Act (20
U.S.C. §1232g and 34 C.F.R. Part 99).
Accordingly, information deriving from student records (if the
information is obtained through other means, the restrictions of FERPA do not
apply) which is personally identifiable, may not be disclosed without parental
consent unless it meets one or more of the exceptions specified in 34 C.F.R.
Part 99. Certain of these exceptions,
depending upon whether the circumstances meet the conditions set forth in those
exceptions, may permit the reporting of hazing to law enforcement
officials. Those relevant exceptions
are:
1. Where
there is a health or safety emergency;
2. Where
the information has been subpoenaed; or
3. Where
the records in question are created and maintained by a law
enforcement unit established by the
school.