§ 570f. Harassment; notice and response
(a)(1) An educational institution that receives actual notice of alleged conduct that may
constitute harassment shall promptly investigate to determine whether harassment occurred.
After receiving notice of the alleged conduct, the school shall provide a copy of
its harassment policy, including its harassment investigation procedure, to the alleged
victim and the alleged perpetrator. If either the alleged victim or the alleged perpetrator
is a minor, the copy of the policy shall be provided to the person’s parent or guardian.
Nothing in this section shall be construed to prohibit educational institutions from
investigating and imposing disciplinary consequences upon students for misconduct.
Elementary and secondary school officials shall strive to implement the plan developed
in accordance with subdivision 1161a(a)(6) of this title in order to prevent misconduct from escalating to the level of harassment.
(2) If, after notice, the educational institution finds that the alleged conduct occurred
and that it constitutes harassment, the educational institution shall take prompt
and appropriate remedial action reasonably calculated to stop the harassment.
(b) A claim may be brought under the Fair Housing and Public Accommodations Act pursuant
to 9 V.S.A. chapter 139 only after the administrative remedies available to the claimant under the policy
adopted by the educational institution pursuant to subsection 166(e) or section 570 of this title or pursuant to the harassment policy of a postsecondary school have been exhausted.
Such a showing shall not be necessary where the claimant demonstrates that:
(1) the educational institution does not maintain such a policy;
(2) a determination has not been rendered within the time limits established under section 570a of this title;
(3) the health or safety of the complainant would be jeopardized otherwise;
(4) exhaustion would be futile; or
(5) requiring exhaustion would subject the student to substantial and imminent retaliation.
(c) To prevail in an action alleging unlawful harassment filed pursuant to this section
and 9 V.S.A. chapter 139, the plaintiff shall prove both of the following:
(1) The student was subjected to unwelcome conduct based on the student’s or the student’s
family member’s actual or perceived membership in a category protected by law by 9 V.S.A. § 4502.
(2) The conduct was either:
(A) for multiple instances of conduct, so pervasive that when viewed from an objective
standard of a similarly situated reasonable person, it substantially and adversely
affected the targeted student’s equal access to educational opportunities or benefits
provided by the educational institution; or
(B) for a single instance of conduct, so severe that when viewed from an objective standard
of a similarly situated reasonable person, it substantially and adversely affected
the targeted student’s equal access to educational opportunities or benefits provided
by the educational institution.
(d) As used in this article:
(1) “Designated employee” means an employee who has been designated by an educational
institution to receive complaints of harassment pursuant to section 570a of this title or in accordance with the harassment policy of a postsecondary school.
(2) “Educational institution” means a Vermont public or independent school or a postsecondary
school that offers or operates a program of college or professional education for
credit or degree in Vermont.
(3) “Notice” means a written complaint or oral information that harassment may have occurred
that has been provided to a designated employee from another employee, the student
allegedly subjected to the harassment, another student, a parent or guardian, or any
other individual who has reasonable cause to believe the alleged conduct may have
occurred. If the complaint is oral, the designated employee shall promptly reduce
the complaint to writing, including the time, place, and nature of the conduct, and
the identity of the participants and complainant. (Added 2003, No. 91 (Adj. Sess.), § 3; amended 2011, No. 140 (Adj. Sess.), § 1, eff. May 15, 2012; 2013, No. 92 (Adj. Sess.), §§ 74, 75, eff. Feb. 14, 2014.)