4021 Prohibition Against Discrimination Harrasment & Bullying DCVPA

The University of North Carolina Wilmington and DC Virgo Preparatory Academy acknowledge the dignity and worth of all students and employees and strives to create a safe, orderly, caring, and inviting school environment to facilitate student learning and achievement. Discrimination on the basis of race, religion, color, national origin, sex (such as gender, gender identity, marital status, and pregnancy), disability, genetic information, political affiliation or age and will provide equal access to the Boy Scouts and other designated youth groups as required by law is prohibited in all of its educational or employment activities or programs. Any violation of this policy will be considered serious and school officials shall promptly take appropriate action to address the violation.

I. Prohibited Behavior

Students, school employees, volunteers, and visitors are expected to behave in a civil and respectful manner. This policy expressly prohibits unlawful discrimination, harassment, and bullying by students, employees, board members, volunteers, or visitors. “Visitors” includes parents and other family members and individuals from the community, as well as vendors, contractors, and other persons doing business with or performing services for the school system.

Students are expected to comply with the behavior standards established by policy, the Code of Student Conduct, and school and classroom rules. Employees are expected to comply with school policy, regulations, rules, including, but not limited to UNCW 02.205 Unlawful Discrimination, Harassment, and Sexual Misconduct Policy. Volunteers and visitors on school property also are expected to comply with school policy, regulations, and rules and procedures.

All forms of prohibited discrimination and harassment are subject to this policy except the following, for which the school has established a more specific policy.

• Title IX Grievance and Procedure Policy (prohibiting sex-based harassment) DCVPA Policy 4035

This policy applies to behavior that takes place: (1) in any school building or on any school premises before, during or after school hours; (2) on any bus or other vehicle as part of any school activity; (3) at any bus stop; (4) during any school-sponsored activity or extracurricular activity; (5) at any time or place when the individual is subject to the authority of school personnel; or (6) at any time or place when the behavior has a direct and immediate effect on maintaining order and discipline in the schools.

II. Definitions

For purposes of this policy, the following definitions apply:

A. Discrimination

Discrimination is any act or failure to act, whether intentional or unintentional, by an employee or agent of the school system that unreasonably and unfavorably differentiates treatment of others based solely on their membership in a legally-protected class so as to interfere with or limit their ability to participate in or benefit from the services, activities, or privileges offered by the school system’s education program.  For purposes of this policy, the legally protected classes are race, color, national origin, religion, and disability.

B. Harassment

Prohibited harassment is deliberate unwelcome conduct directed at another person or group of persons based on their membership in a legally protected class that creates a hostile environment.  Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.  Harassment creates a hostile environment when the conduct is sufficiently severe, pervasive, or persistent so as to interfere with or limit a person’s ability to participate in or benefit from the services, activities, or opportunities offered by the school system.

Examples of behavior that may constitute harassment include, but are not limited to, acts of disrespect, intimidation, or threats, such as verbal taunts, name-calling and put-downs, epithets, derogatory comments or slurs, exclusion from peer groups, extortion of money or possessions, implied or stated threats, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons.  Harassment may occur through electronic means, such as through the Internet, email, social media, or text message.  Legitimate age-appropriate pedagogical techniques are not considered harassment.

C. Sexual exploitation: refers to a situation in which a person takes non- consensual or abusive sexual advantage of another, in situations in which the conduct does not fall within the prohibited behavior outlined in DCVPA Policy 4035 Title IX Grievance Policy and Procedure. Examples of sexual exploitation include, but are not limited to:

1. sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed);
2. taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent);
3. prostituting another student;
4. engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted infections (STI) and without informing the other person of the infection;
5. administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent.

III. Reporting and Investigating Complaints of Discrimination or Harassment

Any person who believes that he or she has been discriminated against or harassed in violation of this policy by any student, employee, or other person under the supervision and control of the school, or any third person who knows or suspects conduct that may constitute discrimination or harassment, should inform a school official designated to receive such complaints.

Any employee who has witnessed, or who has reliable information that another person may have been subjected to discrimination or harassment in violation of this policy has a duty to report such conduct. Employees who observe an incident of harassment are expected to intervene to stop the conduct in situations in which they have supervisory control over the respondent and it is safe to do so. If an employee knows of an incident involving discrimination or harassment and the employee fails to report the conduct or take proper action or knowingly provides false information in regard to the incident, the employee will be subject to disciplinary action up to, and including, dismissal.

IV. Responding to Occurrences of Discrimination or Harassment

A. Consequences for the Respondent

1. Disciplinary Consequences for Students
   Students will be disciplined in accordance with the school’s student behavior management plan (see DCVPA policy 4302, School Plan for Management of Student Behavior). Based on the nature and severity of the offense and the circumstances surrounding the incident, the student will be subject to appropriate consequences and remedial actions ranging from positive behavioral interventions up to, and including, expulsion. In addition, the violation may also be reported to law enforcement, as appropriate.
   
   Incidents of misbehavior that do not rise to the level of discriminatory harassment may violate acceptable standards of student behavior, including, but not limited to, the expectation that students will demonstrate civility and integrity in their actions and interactions with others. The consequences for such behavior will be consistent with applicable policies and any Code of Student Conduct.
   
   This policy will not be construed to allow school officials to punish student expression or speech based on undifferentiated fear or apprehension of a disturbance or out of a desire to avoid the discomfort and unpleasantness that may accompany an unpopular viewpoint.
   
   
2. Disciplinary Consequences for Employees
   Employees who violate this policy will be subject to UNCW 02.205 Unlawful Discrimination, Harassment, and Sexual Misconduct Policy. In addition, the violation may also be reported to law enforcement, as appropriate. Nothing in this policy will preclude the school system from taking disciplinary action against an employee when the evidence does not establish unlawful discrimination or harassment, but the conduct otherwise violates university policy or expected standards of employee behavior.
   
   
3. Consequences for Other Respondents
   Volunteers and visitors who violate this policy will be directed to leave school property, restricted from school and/or university property, and/or reported to law enforcement, as appropriate, in accordance with DCVPA policy 5020, Visitors to the Schools. A third party under the supervision and control of the school or university will be subject to termination of contracts/agreements, restricted from school property, and/or subject to other consequences, as appropriate.

B. Consideration of Need for More Extensive Response

School administrators shall consider whether the misconduct warrants more than just a response at the individual level. Given the nature and severity of the misconduct, the administrators may determine that a classroom or school-wide response is necessary. Such responses may include additional staff training, harassment prevention programs, and other measures deemed appropriate by the Dean or their designee to address the behavior. The actions taken must be reasonably calculated to end the behavior, eliminate a hostile environment and its effects if one has been created, and prevent recurrence of the behavior.

V. Retaliation Prohibited

This policy prohibits reprisal or retaliation against any person for (a) reporting or intending to report violations of this policy, (b) supporting someone for reporting or intending to report a violation of this policy, or (c) participating in the investigation of reported violations of this policy.

After consideration of the nature and circumstances of the reprisal or retaliation and in accordance with applicable federal, state, or local laws, policies, and regulations, the Dean or designee shall determine the consequences and remedial action for a person found to have engaged in reprisal or retaliation.

VI. Records and Reporting

The Executive Director or designee shall maintain confidential records of complaints or reports of discrimination, harassment, or bullying. The records must identify the names of all individuals accused of such offenses and the resolution of such complaints or reports as required by any legal and regulatory requirement.

In the extent required under NCGS §115C-12, the Executive Director or designee shall report to the State Board of Education all verified cases of discrimination, harassment, or bullying. The report must be made through the Discipline Data Collection Report or through other means required by the State Board.

Issued: December 5, 2018; updated June 23, 2025