Understand the process
At MCPS, we stand firmly against any kind of intolerance, bigotry, hate bias, or violence. We offer a variety of options for students to access support and if desired, file an official report with our school system.
We recognize that the sheer quantity of information available can be overwhelming. This application is intended to offer a one-stop-shop approach to accessing crisis management tools, long-term resources, in-school support systems, and reporting forms. Utilizing the Bullying, Harassment, and Intimidation form, students can report any form of sexual misconduct, racial bias, homophobia, transphobia, etc. The appropriate MCPS team members will review and respond to these submissions.
We also believe it is important that students understand these processes before filling out an official report. Sometimes, legal obligations require us to elevate certain reports and concerns to the local police department, specifically in cases of child abuse.
What is bullying?
Under the MCPS Board Policy JHF-RA:
Bullying means:
“unwanted, demeaning behavior among students that… includes –
an imbalance of power (individuals who bully use their physical,
emotional, social, or academic power to control, exclude, or harm
others); and
repetition (bullying behaviors happen more than once or are highly
likely to be repeated based on evidence gathered).”
Cyberbullying means:
“bullying that… is transmitted by means of a portable communication device through electronic communication that allows individuals to view or share content.
Cyberbullying includes sending, posting, or sharing personal or private information about someone, causing embarrassment or humiliation.
Cyberbullying may be subject to disciplinary action when there is a
connection back to the school setting; it creates risk of harm to other
students while they are at school; or it interferes with the educational
environment, regardless of whether the instructional environment is in
person or virtual.”
Harassment means:
“actual or perceived negative actions that… offend, ridicule, or demean another individual with regard to an individual’s actual or perceived personal characteristics… or are sexual in nature.”
Intimidation means:
“any communication or action directed against another individual that threatens or induces a sense of fear and/or inferiority. Retaliation may be considered a form of intimidation.”
Know your rights (Title IX)
A particular area of concern — and lack of clarity — around students’ rights comes up with Title IX. Title IX is a national civil rights law that makes gender-based discrimination in education illegal. Since it was first passed in 1972, it has expanded to protect against homophobia, transphobia, sexism, sexual misconduct, and other forms of gender-related violence.
Title IX is an important part of how MCPS, and other educational bodies across the country, respond to incidents of discrimination within our school system. Using this app, students can fill out the online Bullying, Harassment, or Intimidation form providing information they feel comfortable sharing and that would be necessary for them to report. Sometimes, it can be helpful to have a trusted adult or peer assist you while filling out the form.
After a report is filed, it will be sent to the designated school administrator and then to the MCPS Title IX Office for them to investigate confidentially. It can take time for a report to be processed, but it is well within your right to request progress on what is happening with your investigation.
Not every report will follow the exact same process. For example, the Title IX Office may conduct interviews with students or teachers, if their names were provided in a report. They may also look into any evidence provided as well.
For the perpetrator, the investigation could end in an arrest, a restraining order, expulsion, suspension, restorative counseling, or a conversation with the family and school staff. Sometimes, multiple forms of disciplinary action are taken. An investigation can also end with no action taken against the perpetrator.
In-person reports can be made to a school counselor, teacher, or any other trusted adult in the MCPS system.
Under MCPS policy, all employees, contractors, and volunteers are required to report any suspected instances of abuse or neglect of a child or adult. Essentially, if a student discloses information about an experience with sexual harassment, assault, or abuse, staff members are required to file a Title IX report. Regardless, it is important to remember that students still have the power to report on their own, and this app provides the resources to report independently.
What is sexual harassment?
Under the MCPS Board Policy ACF, sexual harassment is defined as:
“Conduct considered sexual harassment is actionable under Title IX ACF 3 of 7 of the Education Amendments of 1972, and its implementing regulations, and other civil rights laws, including 42 U.S.C. Section 1983 (Title IX), as interpreted by the U.S. Department of Education, if a MCPS student experiences one or more of the following:
A MCPS employee conditioning the provision of an MCPS aid, benefit, or service on an individual’s participation in unwelcome sexual conduct; or
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to MCPS’s educational programs or activities; or
‘Sexual assault,’ ‘dating violence,’ ‘domestic violence,’ or ‘stalking’ as defined in federal law.
Whether conduct is sufficient to constitute sexual harassment under Title IX is evaluated under the totality of the circumstances, including the frequency of the conduct, its severity, whether it is physically threatening or humiliating, or merely an offensive conduct or utterance. These factors are evaluated from both subjective and objective viewpoints, considering not only the effect that the conduct actually had on the person, but also the impact it would likely have had on a reasonable person in the same situation.
Conduct that does not meet the elements of sexual harassment, as defined in federal law, may constitute sexual misconduct which is also subject to investigation and discipline in accordance with Board Policy JHF, Bullying, Harassment, or Intimidation, the Student Code of Conduct in MCPS, and the MCPS Employee Code of Conduct.”
What is sexual misconduct?
Under the MCPS Board Policy ACF, sexual misconduct is defined as:
“Verbal, written, or physical behavior, directed at an individual, or against a particular group, because of that individual’s or group’s actual or perceived sex, sexual orientation, gender identity, gender expression, marital status, pregnancy/parenting status, and/or sex-based stereotyping, based on conformance or nonconformance to stereotypical notions of masculinity or femininity, when the conduct is unwelcome and meets the following criteria:
Submission to or rejection of the conduct is made either explicitly or implicitly a term or condition of an individual’s education, or participation in a MCPS activity or program; or
Submission to or rejection of the conduct is used as the basis for, or as a factor in decisions affecting an individual’s education, or participation in a MCPS activity or program; or
The conduct has the purpose or effect of creating an intimidating, hostile, or offensive environment for an individual’s education, or participation in an MCPS activity or program; or
The conduct unreasonably interferes with an individual’s education, or ability to participate in a MCPS activity or program; and
The conduct is sufficiently severe or pervasive that it alters the terms, conditions, or privileges of an individual’s education, or participation in a MCPS activity or program.
Conduct may be verbal or nonverbal, written, or electronic.”
Furthermore, under the MCPS Board Policy ACF, sexual misconduct and sexual harassment:
“…May include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures.”