SkillsUSA Massachusetts, Inc. Harrassment, Sexual Harassment, Bullying, Intimidation and Humiliation Policy 2024–2025 SkillsUSA Massachusetts Advisors’ Handbook Chapter 2: SkillsUSA Massachusetts Administration • 32 Physical restraint is prohibited as means of punishment, or as a response to destruction of property, disruption of SkillsUSA order, a student’s refusal to comply with a Skill- sUSA rule or staff directive, or verbal threats that do not constitute a threat of imminent, serious physical harm to the student or others. A member of the SkillsUSA Committee or any Advisor or any employees or agent of the SkillsUSA Board shall not be precluded from using such reasonable force as is neces- sary to protect pupils, other persons or themselves from an assault by a pupil. The program staff shall report the use of physical restraint that lasts longer that five (5) minutes, or results in injury to a student or staff member. The staff member shall inform the administration of the physical restraint as soon as possible, and by written report, no later than the next SkillsUSA day. The Executive Director or his/her designee shall maintain an ongoing record of all reported instance of physical restraint, which, upon request, shall be made available to the Board of Directors & Department of Education. When a restraint has resulted in serious injury to a student or program staff member or when an extended restraint has been admin- istered, the program shall provide a copy of the required report to the Board of Directors & Department of Education within five (5) SkillsUSA working days of the administra- tion of the restraint. In special circumstances waivers may be sought from parents either through the Individual Education Plan (IEP) process or from parents of student who show or present a high risk of frequent, dangerous behavior that may result in the frequent use of restraint. LEGAL REF: 603 CMR 46.00; M.G.L. 71:37G NON-DISCRIMINATION POLICY AND GRIEVANCE PROCEDURE I. Introduction SkillsUSA Massachusetts has a commitment to maintaining an educational environment where bigotry and intolerance, including discrimination such as harassment based on race, color, sex, gender identity, religion, national origin, limited English proficiency, sexual orientation, disability, or housing status, are not tolerated. Discrimination, including harassment, is contrary to the mission of SKILLSUSA and its commitment to equal opportunity in education, commu- nity integration and diversity. SKILLSUSA does not discriminate against Members, parents, employees, or the general public. No person shall be excluded from or discriminated against in admission to SkillsUSA Massachusetts programs or services, or in obtaining the advantages, privileges of SKILLSUSA on account of race, color, sex, gender identity, religion, national origin, limited English proficiency, sexual orientation, disability, or housing status. For purposes of this policy and procedure, “organization” includes SKILLSUSA - sponsored events, trips, competitions, similar events connected with the receiving services from the organization or providing employment for the organization. Any retaliation against an individual who has complained about discrimination, including harassment, or any retali- ation against any individual who has cooperated with an investigation of a discrimination, harassment, or retalia- tion complaint, is also unlawful and will not be tolerated. SKILLSUSA takes allegations of discrimination, including harassment, seriously and will respond promptly to complaints. Where it is determined that conduct that violates the law and this policy has occurred, SKILLSUSA will act promptly to eliminate the conduct and will impose corrective action as necessary, including disciplinary action where appropriate, which may include SkillsUSA-related discipline. II. Definition of Discrimination and Harassment “Discrimination” includes conduct that excludes a person from participation in, denies an individual the benefits of, or otherwise subjects an individual to different treatment based on race, color, sex, religion, national origin, sexual orientation, age, or disability. Harassing conduct involving these bases can be a form of discrimination. “Harassment” is defined as unwelcome conduct, whether verbal or physical, that is based on: race, color, sex, gender identity, religion, national origin, limited English proficiency, sexual orientation, disability, or housing status. Harassment is prohibited by SKILLSUSA and violates the law. Examples of harassment include: • Display or circulation of written materials or pictures that are degrading to a person or group based upon the criteria listed above. • Verbal abuse or insults about, directed at, or made in the presence of an individual or group described above because of one of the criteria listed above. • Any action or speech that contributes to, promotes, or results in a hostile or discriminatory environment to an individual or group described above. • Any action or speech that is sufficiently severe, perva- sive, or persistent that it either (i) interferes with or limits the ability of an individual or group (as described above) to participate in or benefit from a SkillsUSA program or activity of SKILLSUSA; or (ii) creates an intimidating, threatening or abusive educational environment. Many forms of harassment have been recognized as viola- tions of the civil rights laws (including Section 504 of the Rehabilitation Act of 1973, the ADA, Title VI, Title IX and state statutes like M.G.L. 15 IC) by federal courts, state courts, the U.S. Department of Education, Office for Civil Rights, and the Massachusetts Commission Against Discrimination. “Sexual harassment” is defined as unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:
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