Mabel-Canton Policy 413
Adopted:2008 Mabel-Canton Policy 413
Revised: 2008, November 2020, April 2022, July 2024
413 HARASSMENT AND VIOLENCE
[NOTE: State law (Minnesota Statutes, section 121A.03) requires that school districts
adopt a sexual, religious, and racial harassment and violence policy that conforms
with the Minnesota Human Rights Act, Minnesota Statutes, chapter 363A (MHRA).
This policy complies with that statutory requirement and addresses the other
classifications protected by the MHRA and/or federal law. While the recommendation
is that school districts incorporate the other protected classifications, in addition to
sex, religion, and race, into this policy, they are not specifically required to do so by
Minnesota Statutes, section 121A.03. The Minnesota Department of Education (MDE)
is required to maintain and make available a model sexual, religious, and racial
harassment policy in accordance with Minnesota Statutes, section 121A.03. MDE’s
policy differs from that of MSBA and imposes greater requirements upon school
districts than required by law. For that reason, MSBA recommends the adoption of its
model policy by school districts. Each school board must submit a copy of the policy
the board has adopted to the Commissioner of MDE.]
I. PURPOSE
The purpose of this policy is to maintain a learning and working environment free from
harassment and violence on the basis of race, color, creed, religion, national origin, sex, age,
marital status, familial status, status with regard to public assistance, sexual orientation, or
disability (Protected Class).
II. GENERAL STATEMENT OF POLICY
A. The policy of the school district is to maintain a learning and working environment free
from harassment and violence on the basis of Protected Class. The school district
prohibits any form of harassment or violence on the basis of Protected Class.
B. A violation of this policy occurs when any student, teacher, administrator, or other
school district personnel harasses a student, teacher, administrator, or other school
district personnel or group of students, teachers, administrators, or other school district
personnel through conduct or communication based on a person’s Protected Class, as
defined by this policy. (For purposes of this policy, school district personnel include
school board members, school employees, agents, volunteers, contractors, or persons
subject to the supervision and control of the district.)
C. A violation of this policy occurs when any student, teacher, administrator, or other
school district personnel inflicts, threatens to inflict, or attempts to inflict violence upon
any student, teacher, administrator, or other school district personnel or group of
students, teachers, administrators, or other school district personnel based on a
person’s Protected Class.
D. The school district will act to investigate all complaints, either formal or informal, verbal
or written, of harassment or violence based on a person’s Protected Class, and to
discipline or take appropriate action against any student, teacher, administrator, or
other school district personnel found to have violated this policy.
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III. DEFINITIONS
A. “Assault” is:
1. an act done with intent to cause fear in another of immediate bodily harm or
death;
2. the intentional infliction of or attempt to inflict bodily harm upon another; or
3. the threat to do bodily harm to another with present ability to carry out the
threat.
B. “Harassment” prohibited by this policy consists of physical or verbal conduct, including,
but not limited to, electronic communications, relating to an individual’s or group of
individuals’ race, color, creed, religion, national origin, sex, age, marital status, familial
status, status with regard to public assistance, sexual orientation, including gender
identity or expression, or disability, when the conduct:
1. has the purpose or effect of creating an intimidating, hostile, or offensive
working or academic environment;
2. has the purpose or effect of substantially or unreasonably interfering with an
individual’s work or academic performance; or
3. otherwise adversely affects an individual’s employment or academic
opportunities.
[NOTE: In 2023, the Minnesota legislature amended the definition of “sexual
orientation” in the Minnesota Human Rights Act as reflected in subpart 6
below. A charter school board may choose whether to retain the phrase
“including gender identity or expression” in light of the legislative
amendment.]
C. “Immediately” means as soon as possible but in no event longer than 24 hours.
D. Protected Classifications; Definitions
1. “Disability” means, with respect to an individual who
a. a physical sensory or mental impairment that materially limits one or
more major life activities of such individual;
b. has a record of such an impairment; or
c. is regarded as having such an impairment.
2. “Familial status” means the condition of one or more minors having legal status
or custody with:
a. the minor’s parent or parents or the minor’s legal guardian or guardians;
or
b. the designee of the parent or parents or guardian or guardians with the
written permission of the parent or parents or guardian or guardians.
Familial status also means residing with and caring for one or more
individuals who lack the ability to meet essential requirements for
physical health, safety, or self-care because the individual or individuals
are unable to receive and evaluate information or make
or communicate decisions. The protections afforded against harassment
or discrimination on the basis of family status apply to any person who
is pregnant or is in the process of securing legal custody of an individual
who has not attained the age of majority.
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[NOTE: The 2024 Minnesota legislature revised the definition of
“familial status”].
3. “Marital status” means whether a person is single, married, remarried, divorced,
separated, or a surviving spouse and, in employment cases, includes protection
against harassment or discrimination on the basis of the identity, situation,
actions, or beliefs of a spouse or former spouse.
4. “National origin” means the place of birth of an individual or of any of the
individual’s lineal ancestors.
5. “Sex” includes, but is not limited to, pregnancy, childbirth, and disabilities
related to pregnancy or childbirth.
6. “Sexual orientation” means to whom someone is, or is perceived of as being,
emotionally, physically, or sexually attracted to based on sex or gender identity.
A person may be attracted to men, women, both, neither, or to people who are
genderqueer, androgynous, or have other gender identities.
[NOTE: The 2023 Minnesota legislature redefined ‘sexual orientation’ in
the Minnesota Human Rights Act.]
7. “Status with regard to public assistance” means the condition of being a
recipient of federal, state, or local assistance, including medical assistance, or
of being a tenant receiving federal, state, or local subsidies, including rental
assistance or rent supplements.
E. “Remedial response” means a measure to stop and correct acts of harassment or
violence, prevent acts of harassment or violence from recurring, and protect, support,
and intervene on behalf of a student who is the target or victim of acts of harassment
or violence.
F. Sexual Harassment; Definition
1. Sexual harassment includes unwelcome sexual advances, requests for sexual
favors, sexually motivated physical conduct, or other verbal or physical conduct
or communication of a sexual nature when:
a. submission to that conduct or communication is made a term or
condition, either explicitly or implicitly, of obtaining employment or an
education; or
b. submission to or rejection of that conduct or communication by an
individual is used as a factor in decisions affecting that individual’s
employment or education; or
c. that conduct or communication has the purpose or effect of substantially
interfering with an individual’s employment or education, or creating an
intimidating, hostile, or offensive employment or educational
environment.
2. Sexual harassment may include, but is not limited to:
a. unwelcome verbal harassment or abuse;
b. unwelcome pressure for sexual activity;
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c. unwelcome, sexually motivated, or inappropriate patting, pinching, or
physical contact, other than necessary restraint of student(s) by
teachers, administrators, or other school district personnel to avoid
physical harm to persons or property;
d. unwelcome sexual behavior or words, including demands for sexual
favors, accompanied by implied or overt threats concerning an
individual’s employment or educational status;
e. unwelcome sexual behavior or words, including demands for sexual
favors, accompanied by implied or overt promises of preferential
treatment with regard to an individual’s employment or educational
status; or
f. unwelcome behavior or words directed at an individual because of
sexual orientation, including gender identity or expression.
G. Sexual Violence; Definition
1. Sexual violence is a physical act of aggression or force or the threat thereof that
involves the touching of another’s intimate parts or forcing a person to touch
any person’s intimate parts. Intimate parts, as defined in Minnesota Statutes,
section 609.341, includes the primary genital area, groin, inner thigh, buttocks,
or breast, as well as the clothing covering these areas.
2. Sexual violence may include, but is not limited to:
a. touching, patting, grabbing, or pinching another person’s intimate parts
b. coercing, forcing, or attempting to coerce or force the touching of
anyone’s intimate parts;
c. coercing, forcing, or attempting to coerce or force sexual intercourse or
a sexual act on another; or
d. threatening to force or coerce sexual acts, including the touching of
intimate parts or intercourse, on another.
H. Violence; Definition
Violence prohibited by this policy is a physical act of aggression or assault upon another
or group of individuals because of, or in a manner reasonably related to an individual’s
Protected Class.
IV. REPORTING PROCEDURES
A. Any person who believes he or she has been the target or victim of harassment or
violence on the basis of Protected Class by a student, teacher, administrator, or other
school district personnel, or any person with knowledge or belief of conduct which may
constitute harassment or violence prohibited by this policy toward a student, teacher,
administrator, or other school district personnel or group of students, teachers,
administrators, or other school district personnel should report the alleged acts
immediately to an appropriate school district official designated by this policy. A person
may report conduct that may constitute harassment or violence anonymously.
However, the school district may not rely solely on an anonymous report to determine
discipline or other remedial responses.
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B. The school district encourages the reporting party or complainant to use the report form
available from the principal or building supervisor of each building or available from the
school district office, but oral reports shall be considered complaints as well.
C. Nothing in this policy shall prevent any person from reporting harassment or violence
directly to a school district human rights officer or to the superintendent. If the
complaint involves the building report taker, the complaint shall be made or filed directly
with the superintendent or the school district human rights officer by the reporting party
or complainant.
D. In Each School Building. The building principal, the principal’s designee, or the building
supervisor (hereinafter the “building report taker”) is the person responsible for
receiving oral or written reports of harassment or violence prohibited by this policy at
the building level. Any adult school district personnel who receives a report of
harassment or violence prohibited by this policy shall inform the building report taker
immediately. If the complaint involves the building report taker, the complaint shall be
made or filed directly with the superintendent or the school district human rights officer
by the reporting party or complainant. The building report taker shall ensure that this
policy and its procedures, practices, consequences, and sanctions are fairly and fully
implemented and shall serve as a primary contact on policy and procedural matters.
E. A teacher, school administrator, volunteer, contractor, or other school employee shall
be particularly alert to possible situations, circumstances, or events that might include
acts of harassment or violence. Any such person who witnesses, observes, receives a
report of, or has other knowledge or belief of conduct that may constitute harassment
or violence shall make reasonable efforts to address and resolve the harassment or
violence and shall inform the building report taker immediately. School district
personnel who fail to inform the building report taker of conduct that may constitute
harassment or violence or who fail to make reasonable efforts to address and resolve
the harassment or violence in a timely manner may be subject to disciplinary action.
F. Upon receipt of a report, the building report taker must notify the school district human
rights officer immediately, without screening or investigating the report. The building
report taker may request, but may not insist upon, a written complaint. A written
statement of the facts alleged will be forwarded as soon as practicable by the building
report taker to the human rights officer. If the report was given verbally, the building
report taker shall personally reduce it to written form within 24 hours and forward it to
the human rights officer. Failure to forward any harassment or violence report or
complaint as provided herein may result in disciplinary action against the building report
taker.
G. In the District. The school board hereby designates as the school
district human rights officer(s) to receive reports or complaints of harassment or
violence prohibited by this policy. If the complaint involves a human rights officer, the
complaint shall be filed directly with the superintendent.1
H. The school district shall conspicuously post the name of the human rights officer(s),
including mailing addresses and telephone numbers.
I. Submission of a good faith complaint or report of harassment or violence prohibited by
this policy will not affect the complainant or reporter’s future employment, grades, work
assignments, or educational or work environment.
1 In some school districts the superintendent may be the human rights officer. If so, an alternative individual
should be designated by the school board.
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J. Use of formal reporting forms is not mandatory.
K. Reports of harassment or violence prohibited by this policy are classified as private
educational and/or personnel data and/or confidential investigative data and will not be
disclosed except as permitted by law.
L. The school district will respect the privacy of the complainant(s), the individual(s)
against whom the complaint is filed, and the witnesses as much as possible, consistent
with the school district’s legal obligations to investigate, to take appropriate action, and
to comply with any discovery or disclosure obligations.
M. Retaliation against a victim, good faith reporter, or a witness of violence or harassment
is prohibited.
N. False accusations or reports of violence or harassment against another person are
prohibited.
O. A person who engages in an act of violence or harassment, reprisal, retaliation, or false
reporting of violence or harassment, or permits, condones, or tolerates violence or
harassment shall be subject to discipline or other remedial responses for that act in
accordance with the school district’s policies and procedures.
Consequences for students who commit, or are a party to, prohibited acts of violence or
harassment or who engage in reprisal or intentional false reporting may range from
remedial responses or positive behavioral interventions up to and including suspension
and/or expulsion.
Consequences for employees who permit, condone, or tolerate violence or harassment
or engage in an act of reprisal or intentional false reporting of violence or harassment
may result in disciplinary action up to and including termination or discharge.
Consequences for other individuals engaging in prohibited acts of violence or
harassment may include, but not be limited to, exclusion from school district property
and events and/or termination of services and/or contracts.
V. INVESTIGATION
A. By authority of the school district, the human rights officer, within three (3) days of the
receipt of a report or complaint alleging harassment or violence prohibited by this policy,
shall undertake or authorize an investigation. The investigation may be conducted by
school district officials or by a third party designated by the school district.
B. The investigation may consist of personal interviews with the complainant, the
individual(s) against whom the complaint is filed, and others who may have knowledge
of the alleged incident(s) or circumstances giving rise to the complaint. The
investigation may also consist of any other methods and documents deemed pertinent
by the investigator.
C. In determining whether alleged conduct constitutes a violation of this policy, the school
district should consider the surrounding circumstances, the nature of the behavior, past
incidents or past or continuing patterns of behavior, the relationships between the
parties involved, and the context in which the alleged incidents occurred. Whether a
particular action or incident constitutes a violation of this policy requires a determination
based on all the facts and surrounding circumstances.
D. In addition, the school district may take immediate steps, at its discretion, to protect
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the target or victim, the complainant, and students, teachers, administrators, or other
school district personnel pending completion of an investigation of alleged harassment
or violence prohibited by this policy.
E. The alleged perpetrator of the act(s) of harassment or violence shall be allowed the
opportunity to present a defense during the investigation or prior to the imposition of
discipline or other remedial responses.
F. The investigation will be completed as soon as practicable. The school district human
rights officer shall make a written report to the superintendent upon completion of the
investigation. If the complaint involves the superintendent, the report may be filed
directly with the school board. The report shall include a determination of whether the
allegations have been substantiated as factual and whether they appear to be violations
of this policy.
VI. SCHOOL DISTRICT ACTION
A. Upon completion of an investigation that determines a violation of this policy has
occurred, the school district will take appropriate action. Such action may include, but
is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation,
termination, or discharge. Disciplinary consequences will be sufficiently severe to try to
deter violations and to appropriately discipline prohibited behavior. School district
action taken for violation of this policy will be consistent with requirements of applicable
collective bargaining agreements, Minnesota and federal law, and applicable school
district policies and regulations.
B. The school district is not authorized to disclose to a victim private educational or
personnel data regarding an alleged perpetrator who is a student or employee of the
school district. School officials will notify the targets or victims and alleged perpetrators
of harassment or violence, the parent(s) or guardian(s) of targets or victims of
harassment or violence and the parent(s) or guardian(s) of alleged perpetrators of
harassment or violence who have been involved in a reported and confirmed harassment
or violence incident of the remedial or disciplinary action taken, to the extent permitted
by law.
C. In order to prevent or respond to acts of harassment or violence committed by or
directed against a child with a disability, the school district shall, where determined
appropriate by the child’s individualized education program (IEP) or Section 504 team,
allow the child’s IEP or Section 504 plan to be drafted to address the skills and
proficiencies the child needs as a result of the child’s disability to allow the child to
respond to or not to engage in acts of harassment or violence.
VII. RETALIATION OR REPRISAL
The school district will discipline or take appropriate action against any student, teacher,
administrator, or other school district personnel who commits an act of reprisal or who retaliates
against any person who asserts, alleges, or makes a good faith report of alleged harassment or
violence prohibited by this policy, who testifies, assists, or participates in an investigation of
retaliation or alleged harassment or violence, or who testifies, assists, or participates in a
proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not
limited to, any form of intimidation, reprisal, harassment, or intentional disparate treatment.
Disciplinary consequences will be sufficiently severe to deter violations and to appropriately
discipline the individual(s) who engaged in the harassment or violence. Remedial responses to
the harassment or violence shall be tailored to the particular incident and nature of the conduct.
VIII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
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These procedures do not deny the right of any individual to pursue other avenues of recourse
which may include filing charges with the Minnesota Department of Human Rights or another
state or federal agency, initiating civil action, or seeking redress under state criminal statutes
and/or federal law.
IX. HARASSMENT OR VIOLENCE AS ABUSE
A. Under certain circumstances, alleged harassment or violence may also be possible abuse
under Minnesota law. If so, the duties of mandatory reporting under Minnesota
Statutes, chapter 260E may be applicable.
B. Nothing in this policy will prohibit the school district from taking immediate action to
protect victims of alleged harassment, violence, or abuse.
X. DISSEMINATION OF POLICY AND TRAINING
A. This policy shall be conspicuously posted throughout each school building in areas
accessible to students and staff members.
B. This policy shall be given to each school district employee and independent contractor
who regularly interacts with students at the time of initial employment with the school
district.
C. This policy shall appear in the student handbook.
D. The school district will develop a method of discussing this policy with students and
employees.
E. The school district may implement violence prevention and character development
education programs to prevent and reduce policy violations. Such programs may offer
instruction on character education including, but not limited to, character qualities such
as attentiveness, truthfulness, respect for authority, diligence, gratefulness, self-
discipline, patience, forgiveness, respect for others, peacemaking, resourcefulness,
and/or sexual abuse prevention.
F. This policy shall be reviewed at least annually for compliance with state and federal law.
Legal References: Minn. Stat. § 120B.232 (Character Development Education)
Minn. Stat. § 120B.234 (Child Sexual Abuse Prevention Education)
Minn. Stat. § 121A.03, Subd. 2 (Sexual, Religious, and Racial Harassment and
Violence Policy)
Minn. Stat. § 121A.031 (School Student Bullying Policy)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
Minn. Stat. § 609.341 (Definitions)
Minn. Stat. Ch. 260E (Reporting of Maltreatment of Minors)
20 U.S.C. §§ 1681-1688 (Title IX of the Education Amendments of 1972)
29 U.S.C. § 621 et seq. (Age Discrimination in Employment Act)
29 U.S.C. § 794 (Section 504 of the Rehabilitation Act of 1973)
42 U.S.C. § 1983 (Civil Action for Deprivation of Rights)
42 U.S.C. § 2000d et seq. (Title VI of the Civil Rights Act of 1964)
42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act)
42 U.S.C. § 12101 et seq. (Americans with Disabilities Act)
Cross References: MSBA/MASA Model Policy 102 (Equal Educational Opportunity)
MSBA/MASA Model Policy 401 (Equal Employment Opportunity)
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MSBA/MASA Model Policy 402 (Disability Nondiscrimination Policy)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School
District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical
or Sexual Abuse)
MSBA/MASA Model Policy 415 (Mandated Reporting of Maltreatment of
Vulnerable Adults)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 514 (Bullying Prohibition Policy)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy 521 (Student Disability Nondiscrimination)
MSBA/MASA Model Policy 522 (Title IX Sex Nondiscrimination, Grievance
Procedures and Process)
MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety Policy)
MSBA/MASA Model Policy 525 (Violence Prevention)
MSBA/MASA Model Policy 526 (Hazing Prohibition)
MSBA/MASA Model Policy 528 (Student Parental, Family, and Marital Status
Nondiscrimination)