Common use of Concerns Related to Hazing, Harassment, and/or Bullying Complaints Clause in Contracts

Concerns Related to Hazing, Harassment, and/or Bullying Complaints. The scope of appropriate response to a hazing, harassment and/or bullying complaint may depend upon whether a student or parent of a minor student reporting the hazing, harassment and/or bullying asks that the student’s name not be disclosed to the accused person or that nothing be done about the alleged hazing, harassment and/or bullying. In all cases, school officials will discuss confidentiality standards and concerns with the complainant initially. The school will inform the student that a confidentiality request may limit the school’s ability to respond. The school will remind the student that both federal Title IX and Vermont Title 9 prevent retaliation and that if he or she is afraid of reprisals from the alleged harasser, the school will take steps to prevent retaliation and will take strong action if retaliation occurs. If the student, or if a minor the student’s parents, continues to ask that his or her name not be revealed, the school will secure this request in writing and should take all reasonable steps to investigate and respond to the complaint consistent with the student’s request as long as doing so does not prevent the school from responding effectively to the hazing, harassment and/or bullying and preventing harassment of other students. The school will evaluate the confidentiality request in the context of its responsibility to act in accordance with the teachings of the Catholic Church and to provide a safe and nondiscriminatory environment for all students. The factors the school might consider in this regard include the seriousness of the alleged harassment, the age of the student harassed, whether there have been other complaints or reports of harassment against the alleged harasser, and the rights of the accused individual to receive information about the accuser and the allegations if a formal proceeding with sanctions may result. If information about the incident is contained in an “education record” of the student alleging the harassment, as defined by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, the school will consider whether FERPA prohibits it from disclosing information without the student’s consent.