Key Definitions for Intake and Assessment Process

Intake and Assessment process explained by Heather T. Lynn, covering notice triggers, investigation routes, and reporting obligations for school employees regarding hazing, harassment, and bullying incidents.

• Definitions
• Intake
• Assessment
• Title IX
• Harassment

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1. HHB and Title IX Sexual Harassment Definitions FOR: Intake and Assessment Process Intake and Assessment Process KEY RESOURCE SLIDES-FALL 2020 Presented by: Heather T. Lynn, Esq., Partner Lynn, Lynn, Blackman & Manitsky, P.C. 76 St. Paul Street, Suite 400 Burlington, Vermont 05401 802-860-1500 hthomaslynn@lynnlawvt.com For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 1

2. I. INTAKE & ASSESSMENT WHAT IS INTAKE? Intake & Assessment is how I describe the process that is triggered when a school receives information/NOTICE/ACTUAL KNOWLEDGE that triggers ANY response under EITHER the VT HHB Procedures OR THE 2020 TITLE IX PROCEDURES. It is triggered by NOTICE (or Actual Knowledge as termed by Title IX). It may or MAY NOT lead to a VT HHB Investigation OR TITLE IX Supportive Measures/Grievance Process. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 2

3. NOTICE & ACTUAL KNOWLEDGE TRIGGERS FOR HHB & IX INTAKE & ASSESSMENT HHB INVESTIGATION STARTED OR NOT? (IE: ACCEPTANCE OR DECLINATION): Building Administrator Decides whether or not to OPEN a VT HHB investigation. HHB REFERRAL ROUTES EITHER (1) Reporter Staff Designee, Building Administrator OR (2) Reporter Designee Building Administrator TITLE IX REFERRAL ROUTES Reporter ANY SCHOOL EMPLOYEE ASAP TO TITLE IX COORDINATOR. TITLE IX Investigation/Grievance Process Triggers? EITHER Complainant OR Title IX Coordinator Files Formal Complaint of Harassment DOCUMENTATION: STUDENT CONDUCT FORMS: Staff Designee Building Administrator NOTICE/ACTUAL KNOWLEDGE Either via EMPLOYEE WITNESS, DIRECT STUDENT REPORT, RELIABLE THIRD PARTY REPORT For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 3

4. SCHOOL EMPLOYEE REPORTING(1/2) Any school employee who overhears or directly receives information about conduct that might constitute hazing, harassment and/or bullying shall immediately > report the information to a designated employee and > immediately complete a Student Conduct Form. SOURCE: BSD F.29-R.HHB Procedures I.B. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 4

5. SCHOOL EMPLOYEE REPORTING(2/2) School Employee Reporting: Any school employee who witnesses conduct that s/he reasonably believes might constitute hazing, harassment and/or bullying shall > take reasonable action to stop the conduct and to prevent its recurrence; and > immediately report it to a designated employee; and > immediately complete a Student Conduct Form. SOURCE: BSD F.29-R.HHB HHB Model Procedures I.B. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 5

6. District Response to Reports of Sexual Harassment TITLE IX 1.The District will promptly respond when there is Actual Knowledge of sexual harassment even if a Formal Complaint of Sexual Harassment has not been filled. 1.b.Reports of Harassment Received by District Employees Shall be Referred to Title IX Where any District employee other than the employee harasser, or the Title IX Coordinator receives information of conduct which MAY constitute sexual harassment under (the Title IX Policy), s/he shall, without delay, inform the Title IX Coordinator of the alleged sexual harassment. Failure to report will subject the employee to discipline up to and including dismissal. Model Policy for the Prevention of Sexual Harassment as Prohibited by Title IX, Section III.B.1.b. Coordinator. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 6

7. Student Conduct Form / Staff/Teacher Staff/Teacher NEW ** NOTE: If you personally witnessed the conduct you SHALL report conduct you reasonably believe MIGHT be HHB. If you did NOT personally witness the conduct, you SHALL report conduct that MIGHT be HHB. STAFF /TEACHER/ EMPLOYEE AUTHOR OF FORM: ___________________________ DATE/TIME FORM FILLED OUT: DATE________TIME: ________ (WERE YOU DIRECT WITNESS TO INCIDENT? Y N) IF NOT IDENTIFY STUDENT/ADULT/EMPLOYEE REPORTER NAME: ______________ (& WAS THAT REPORTER A WITNESS TO THE INCIDENT? Y ___ NO______) IDENTITY OF ALLEGED STUDENT OFFENDER: __________________ IDENTITY OF COMPLAINANT STUDENT (student targeted by the behavior, need not have reported it): ________________ DATE OF ALLEGED INCIDENT:Date:____ Time: _______ DATE/TIME INFORMATION RECEIVED BY AUTHOR (IF NOT A WITNESS TO INCIDENT)____Date__ Time IDENTITY OF STUDENT WITNESSES (if any) ):__________________________________ IDENTITY OF ANY OTHER DISTRICT EMPLOYEE WITNESSES (IF ANY):__________________________________ ANY INITIAL ACTIONS TAKEN BY AUTHOR:___________________________ DESCRIPTION OF WITNESSED OR REPORTED CONDUCT: ______________________________________________ (use more pages if necessary) DOES AUTHOR HAVE ADDITIONAL KNOWLEDGE REGARDING ALLEGED INCIDENT - SEPARATE FROM THAT REPORTED OR WITNESSED? YES NO IF YES THEN DESCRIBE THAT INFORMATION: ____________________________________________________ *NEW AUG 2020: IF YOU REASONABLY BELIEVE THE CONDUCT MAY OR MIGHT BE SEXUAL HARASSMENT YOU MUST REFER THIS MATTER DIRECTLY TO YOUR TITLE IX COORDINATOR WITHOUT DELAY. DATE & TIME REPORTED TO TITLE IX COORDINATOR: DATE: ___________ TIME: ___________ Title IX Coordinator Signature acknowledging receipt: __________________ INCIDENT REPORTED TO DESIGNATED EMPLOYEE? ____ YES _____ NO NO (If no, explain in detail WHY not reported to DE:_____________ ________________________________________________________ IF REPORTED TO DE/DATE & TIME INCIDENT WAS REPORTED TO C-1 DESIGNEE: DATE / TIME DE Signature acknowledging receipt: __________________ For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9- 7

8. Student Conduct Form-DESIGNEE-NEW** NEW** _____________________DATE/TIME FORM FILLED OUT: DATE________TIME: ________ DESIGNATED EMPLOYEE AUTHOR OF FORM: (WERE YOU DIRECT WITNESS TO INCIDENT? Y N) IF NOT IDENTIFY STUDENT/ADULT/EMPLOYEE REPORTER NAME: ______________ (& WAS THAT REPORTER A WITNESS TO THE INCIDENT? Y ___ NO______) IDENTITY OF ALLEGED STUDENT OFFENDER: __________________ IDENTITY OF COMPLAINANT STUDENT (student targeted by the behavior, need not have reported it): ________________ DATE OF ALLEGED INCIDENT: Date:____ Time: _______ DATE/TIME INFORMATION RECEIVED BY DESIGNEE (IF NOT A WITNESS TO INCIDENT)____Date__ Time IDENTITY OF STUDENT WITNESSES (if any) ):__________________________________ IDENTITY OF ANY OTHER DISTRICT EMPLOYEE WITNESSES (IF ANY):__________________________________ ANY INITIAL ACTIONS TAKEN BY DE:___________________________ DESCRIPTION OF WITNESSED OR REPORTED CONDUCT: ______________________________________________ (use more pages if necessary) DOES DESIGNEE HAVE ADDITIONAL KNOWLEDGE REGARDING ALLEGED INCIDENT - SEPARATE FROM THAT REPORTED OR WITNESSED? YES NO IF YES DESCRIBE THAT INFORMATION: ____________________________________________________ **NEW AUG 2020: IF YOU REASONABLY BELIEVE THE CONDUCT MAY OR MIGHT BE SEXUAL HARASSMENT YOU MUST REFER THIS MATTER DIRECTLY TO YOUR TITLE IX COORDINATOR WITHOUT DELAY. DATE & TIME REPORTED TO TITLE IX COORDINATOR: DATE: ___________ TIME: ___________ Title IX Coordinator Signature acknowledging receipt: __________________ INCIDENT REPORTED TO BUILDING ADMINISTRATOR? ____ YES _____ NO (If no, explain in detail WHY not reported to BA:_____________ _______________________________________________________ DATE & TIME INCIDENT REPORTED BY DE TO BA: DATE / TIME Administrator Signature acknowledging receipt: __________________ For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9- 29-20 8

9. Student Conduct Form-Building Administrator-NEW** NEW** BUILDING ADMINISTRATOR/AUTHOR OF FORM: ___________________________ DATE/TIME FORM FILLED OUT: DATE________TIME: ________ (WERE YOU DIRECT WITNESS TO INCIDENT? Y N) IF NOT IDENTIFY STUDENT/ADULT/EMPLOYEE REPORTER NAME: ______________ (& WAS THAT REPORTER A WITNESS TO THE INCIDENT? Y ___ NO______) IDENTITY OF ALLEGED STUDENT OFFENDER: __________________ IDENTITY OF COMPLAINANT STUDENT (student targeted by the behavior, need not have reported it): ________________ DATE OF ALLEGED INCIDENT: Date:____ Time: _______ DATE/TIME INFORMATION RECEIVED BY Building Administrator (IF NOT A WITNESS TO INCIDENT)____Date__ Time IDENTITY OF STUDENT WITNESSES (if any):__________________________________ IDENTITY OF ANY OTHER DISTRICT EMPLOYEE WITNESSES (IF ANY):__________________________________ ANY INITIAL ACTIONS TAKEN BY AUTHOR:___________________________ DESCRIPTION OF WITNESSED OR REPORTED CONDUCT: ______________________________________________ (use more pages if necessary) DOES BUILDING ADMINISTRATOR HAVE ADDITIONAL KNOWLEDGE REGARDING ALLEGED INCIDENT - SEPARATE FROM THAT REPORTED OR WITNESSED? YES NO IF YES DESCRIBE THAT INFORMATION: ____________________________________________________ BA DETERMINATION AS TO WHETHER THERE IS INFORMATION OF ALLEGATIONS, WHICH IN BA S JUDGMENT, THEY REASONABLY BELIEVE MAY CONSTITUTE HARASSMENT OR HAZING OR BULLYING: YES: _____________(IF YES HHB INVESTIGATION MUST COMMENCE) NO: __________________________ EXPLAIN DECISION: (Use back of form if more room needed)____________________________________________________________________________________ Building Administrator Signature _________________Date:______________ **NEW AUG 2020: IF YOU REASONABLY BELIEVE THE CONDUCT MAY OR MIGHT BE SEXUAL HARASSMENT YOU MUST REFER THIS MATTER DIRECTLY TO YOUR TITLE IX COORDINATOR WITHOUT DELAY. IN SUCH CASE NO DECISION TO LAUNCH A VT HHB INVESTIGATION CAN OCCUR WITHOUT CONSULTATION WITH THE TITLE IX COORDINATOR FIRST. DATE & TIME REPORTED TO TITLE IX COORDINATOR: DATE: ___________ TIME: ___________ Title IX Coordinator Signature acknowledging receipt: __________________ IN CASES WHERE INVESTIGATION IS LAUNCHED: Assignment of Investigator; ____(Name) Date/Time of assignment: _____ Date Investigation Launched: (NO later than 1 day from Notice to DE): ________ Policy and Procedures Sent to Complainant Parent: ____ Accused: ____ (Dates) For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 9

10. What must the Administrator do? ADD Assess, Decide, Document ASSESS THE INFORMATION AVAILABLE DECIDE (WHETHER YOU HAVE REASONABLE BELIEF THE ALLEGATIONS MAY CONSTITUTE AN HHB VIOLATION AND THUS AN VT HHB INVESTIGATION IS REQUIRED ) DOCUMENT YOUR DECISION ON STUDENT CONDUCT FORM For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 10

11. Reasonable Belief Informed by VTs Definition of Notice NOTICE. If the school learns of possible hazing, harassment, or bullying through other means, for example, if information about hazing, harassment or bullying is received from a third party (such as from a witness to an incident or an anonymous letter or telephone call), different factors will affect the school s response. These factors include the source and nature of the information: the objectivity and credibility of the source of the report; whether any to the alleged harassment; individuals can be identified who were subjected to the alleged harassment, and whether those individuals want to pursue the matter. BSD F.29-R.HHB Policy, Section IV.I. Notice For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 11

12. INTAKE & ASSESSMENT Deadlines FOR VT HHB MATTERS - BUILDING ADMINISTRATOR MUST LAUNCH INVESTIGATION. within 1 school day (24 hrs) of RECEIPT OF INFORMATION AT COUNTED FROM THE TIME IT WAS RECEIVED BY FIRST POINT OF SCHOOL CONTACT FOR TITLE IX SEXUAL HARASSMENT TITLE IX COORDINATOR MUST as soon as reasonably possible contact Complainant (target of behavior) student and make necessary Section III.B..1.c. disclosures to Complainant. INFORMATION IS RECEIVED AND DOCUMENTED TEACHER IMMEDIATELY DOCUMENTS AND REPORTS TO DE (AND/OR TITLE IX COORDINATOR if TITLE IX Sexual Harassment) DE PROMPTLY DOCUMENTS AND REPORTS TO BA AND/OR TITLE IX COORDINATOR For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 12

13. HHB & SEXUAL HARASSMENT (TITLE IX) DEFINITIONS POLICY DEFINITIONS INTAKE SLIDES SLIDES BUILDING ADMINISTRATORS CAN USE DURING INTAKE AND ASSESSMENT TO HELP DECIDE WHETHER OR NOT TO LAUNCH AN INVESTIGATION For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 13

14. Harassment Harassment applies to the conduct of STUDENTS directed towards other students and school based adults, and ADULT conduct (Teachers/Staff/Administrators) towards students. Harassment means an incident or incidents of verbal, written, visual, or physical conduct including any incident conducted by electronic means based on or motivated by a student s or a student s family member s actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability that has the purpose OR effect of objectively and substantially undermining and detracting from or interfering with a student s educational performance OR access to school resources OR creating an objectively intimidating, hostile, or offensive environment. 16 V.S.A. 11(a)(26)(A) and F.29-R.Policy SECTION IV.G. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 14

15. Detracting or Interfering with Students Detracting or Interfering with Student s Educational Performance Educational Performance Example: Student is taunted regularly in math class. Student complains about the taunting. Student does not mention, however, that his concentration is affected. Thus, class participation, in class work, and in class test performance, are all diminished in comparison to classes without harassing behavior. As you conduct the investigation it becomes clear that a protected characteristic motivated the behaviors, but the impact of those behaviors is not clear. YOU need to ask their teachers about changes in performance. In addition review for yourself documentary evidence grades, attendance. Make copies of these and put in your investigation/evidence file. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 15

16. Access to Resources Access to Resources- -Examples Examples Student stops coming to school.*** Student avoids a class where harassment occurs. Student does not use a library where harassment occurs. *** If a student stops coming to school a standard inquiry should be from an administrator to the family is there anything going on with any of the other kids at school that you d like us to know about or look into?? Even the upset tummy issue could really be a lurking harassment/bullying issue For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 16

17. Or creating an objectively intimidating, Or creating an objectively intimidating, hostile OR offensive environment. hostile OR offensive environment. This impact is assessed based on an objective person situated as that the victim/target experiencing ONE of the following three options: > An intimidating environment; OR > A hostile environment; OR > An offensive environment. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 17

18. Racial Harassment Racial Harassment conduct directed at the characteristics of a student s or a student s family members actual or perceived race or color, and includes the use of epithets, stereotypes, racial slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display or circulation of written or visual material, and taunts on manner of speech and negative references to cultural customs. BSD F.29-R.POLICY Part IV.G(2).(Definitions). For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 18

19. Harassment of Members of (Other) Protected Categories means conduct directed at the characteristics of a student s or a student s family member s actual or perceived creed, national origin, marital status, disability, sex, sexual orientation, or gender identity and includes the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual material, taunts on manner of speech, and negative references to customs related to any of these protected categories. BSD F.29-R.HHB Policy Part IV.G(3).(Definitions). For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 19

20. Harassment Assessment Slide 1 of 2 NEW! FOR Assessment ASK : Do you as Building Administrator reasonably believe the allegations against either a STUDENT or ADULT constitute (CIRCLE ALL THAT APPLY) verbal, written, visual or physical conduct, including any incident conducted by electronic means, that MIGHT BE (1) (a) based on OR motivated by the (targeted/victim) Student s actual (CIRCLE ALL THAT APPLY) Race Creed Color National Origin, Marital Status, Disability, Sex, Sexual Orientation, or Gender Identity? YES __ OR NO______ (Explain your answer). (b) based on OR motivated by the (targeted/victim) Student s perceived (CIRCLE ALL THAT APPLY) Race Creed Color National Origin, Marital Status, Disability, Sex, Sexual Orientation, or Gender Identity ? YES____ OR NO_(Explain your answer) (SEE ABOVE answer to 1a) (c) based on OR motivated by the (targeted/victim) Student Family Member s actual (CIRCLE ALL THAT APPLY) Race Creed Color National Origin, Marital Status, Disability, Sex, Sexual Orientation, or Gender Identity ? YES____ OR NO_ (Explain your answer) SEE ABOVE answer to 1a) (d) based on OR motivated by the (targeted/victim) Student s Family Member s perceived (CIRCLE ALL THAT APPLY) Race Creed Color National Origin, Marital Status, Disability, Sex, Sexual Orientation, or Gender Identity ? YES____ OR NO_ (Explain your answer) SEE ABOVE answer to 1a) If you answered NO to ALL of the above questions 1a through 1D, you do not have reasonable belief that the alleged conduct MIGHT be a violation of the policy against harassment and therefore no investigation of harassment is warranted at this time Be sure, however, to review and consider the other policy definitions before concluding that no HHB investigation is warranted. If you answered YES to AT LEAST one of the above questions (1a, 1b, 1c OR 1d), you likely have REASONABLE BELIEF that the alleged conduct MIGHT be harassment and INVESTIGATION MAY BE WARRANTED, the answers to the following questions on the next slide may also help you further decide whether to INVESTIGATE. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 20

21. Harassment Assessment Slide 2 of 2 NEW! If you answered YES to 1a, 1b, 1c and/or 1d, FOR Assessment ASK : Do you as Building Administrator reasonably believe the alleged conduct by a STUDENT or ADULT may have been committed with: (2) the purpose of objectively and substantially undermining and detracting from or interfering with the targeted student (victim s) educational performance ______ (YES/NO) (3) the purpose of objectively and substantially undermining and detracting from or interfering with the targeted student (victim s) access to school resources ______ (YES/NO) (4) the purpose of creating an objectively intimidating, hostile, or offensive environment. (YES/NO) (5) the effect of objectively and substantially undermining and detracting from or interfering with the targeted student (victim s) educational performance ______ (YES/NO) (6) the effect of objectively and substantially undermining and detracting from or interfering with the targeted student (victim s) access to school resources ______ (YES/NO) (7) the effect of creating an objectively intimidating, hostile, or offensive environment. (YES/NO) If you answered YES to any of questions 1a, 1b, 1c or 1d but NO to ALL of the questions 2-7, you do NOT have reasonable belief that the alleged conduct MIGHT constitute harassment and an investigation is not required at this time. Be sure, however, to review and consider the other policy definitions (and related slides) before concluding that no violation of Policy has occurred. If you answered YES to questions 1a, 1b, 1c or 1d and YES to ANY of questions 2-7, you likely have REASONABLE BELIEF the ALLEGED CONDUCT MIGHT VIOLATE THE HARASSMENT POLICY sufficient to support opening AN INVESTIGATION under the HHB policy. ______ ______ For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 21

22. SEXUAL HARASSMENT Sexual harassment is a particular kind of harassment on the basis of sex that is prohibited both by Vermont law (9 V.S.A. Sec. 4500) and federal law under Title IX. So: If the allegations in your case relate to either: Quid Pro Quo harassment (conditioning the provision of an aid, benefit, or service of the District on an individuals participation in unwelcome sexual conduct): OR Unwelcome (sexual) conduct determined by a reasonable person to be so severe, pervasive AND objectively offensive that it effectively denies a person equal access to the school s education program or activity; OR Sexual assault OR Dating Violence OR Domestic violence OR Stalking, YOU MUST REPORT THE CASE OVER TO THE TITLE IX COORDINATOR IMMEDIATELY FOR HANDLING through the TITLE IX PROCEDURES AND POLICY. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 22

23. VT HHB Law / Sexual Harassment VT s Sexual Harassment definition is defined as follows: Harassment may also include sexual harassment which IS unwelcome conduct of a sexual nature, that includes sexual violence/sexual assault, sexual advances, requests for sexual favors, and other verbal, written visual or physical conduct of a sexual nature, and includes situations when one or both of the following occur: i. Submission to that conduct is made either explicitly or implicitly a term or condition of a student s education, academic status, or progress; or ii.Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student. Sexual harassment may ALSO include student-on-student conduct or conduct of a non-employee third party that creates a hostile environment. A hostile environment exists where the harassing conduct is severe, persistent or pervasive so as to deny or limit the student s ability to participate in or benefit from the educational program on the basis of sex. BSD F.29-R.HHB Policy Part IV.G(1).(Definitions). For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 23

24. VT Sexual Harassment Assessment :Slide 1 NEW** FOR Assessment ASK : Do you as Building Administrator reasonably believe the allegations constitute 1. unwelcome conduct of a sexual nature, that includes sexual violence/sexual assault, sexual advances, requests for sexual favors, and other verbal, written visual or physical conduct of a sexual nature, YES NO____(IF yes, explain_____) And includes situations when one or both of the following occur: a)Submission to that conduct is made either explicitly or implicitly a term or condition of a student s education, academic status, or progress; 1.(A)YES___NO OR b) Submission to or rejection of such conduct by a student is used as a component of the basis for decisions affecting that student. 1.(B).YES___NO_ IF YOU ANSWER YES TO both 1 and either 1 A OR 1B: you have reasonable belief that the alleged conduct MIGHT be sexual harassment as defined by VT law and an investigation MAY be warranted. YOU MUST HOWEVER ALSO CONSIDER WHETHER IT MIGHT BE TITLE IX SEXUAL HARASSMENT AND CONFER WITH TITLE IX COORDINATOR BEFORE LAUNCHING AN HHB INVESTIGATION. IF YOU ANSWER NO TO 1, you need to PROCEED TO QUESTION 2 (next slide) to see if it STILL MIGHT BE sexual harassment as defined by VT Law. IF YOU ANSWER yes to 1, but NO to both 1a and 1b, you STILL SHOULD PROCEED to Question 2 (next slide) to see if it MIGHT BE sexual harassment as defined by VT law. (IF yes, explain_____) (IF yes, explain_____) For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 24

25. VT Sexual Harassment Assessment: Slide 2 NEW** [FOR Assessment Ask : Do you as Building Administrator reasonably believe the allegations constitute ] (2) unwelcome conduct of a sexual nature, that includes sexual violence/sexual assault, sexual advances, requests for sexual favors, and other verbal, written visual or physical conduct of a sexual nature, which is EITHER - (a) either student-on-student conduct YES___/NO ___ OR conduct of a non-employee third party; YES___/NO ____ And (b) the conduct MIGHT BE so severe, persistent or pervasive as to deny or limit the student s ability to participate in or benefit from the educational program on the basis of sex. YES_____NO ___ If YOU ANSWERED NO to Question 1, 1a and 1b, and NO to 2(a) and 2(b), you do not have reasonable belief that the alleged conduct MIGHT BE SEXUAL HARASSMENT AS DEFINED BY VT LAW. YOU SHOULD STILL CONFER WITH YOUR TITLE IX COORDINATOR TO SEE IF IT MIGHT BE TITLE IX SEXUAL HARASSMENT. If YOU ANSWERED NO to Question 1, 1a and 1b, but answered YES to 2(a) and 2(b), you may have reasonable belief that the alleged conduct MIGHT BE SEXUAL HARASSMENTAS DEFINED BY VT LAW. YOU SHOULD STILL CONFER WITH YOUR TITLE IX COORDINATOR TO SEE IF IT MIGHT BE TITLE IX SEXUAL HARASSMENT BEFORE DECIDING WHETHER TO LAUNCH AN INVESTIGATION. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 25

26. Bullying. VT HHB IV.A.Definition Means any overt act or combination of acts directed against a student by another student or group of students, which is: Repeated over time; Is intended to ridicule, humiliate, or intimidate the student; and Occurs during the school day on school property, on a school bus, or at a school sponsored activity or before or after the school day on a school bus or at a school sponsored activity. OR Does not occur during the school day on school property, on a school bus, or at a school-sponsored activity and can be shown to pose a clear and substantial interference with another student s right to access educational programs.(2011 Amendment) See 16 V.S.A. 11(32). NOTE: Need NOT target a protected characteristic. NOTE: Must be repeated to be considered bullying. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 26

27. Bullying Assessment - Slide 1 of 4- NEW! FOR Assessment ASK : Do you as Building Administrator reasonably believe the allegations constitute conduct: 1a. Where the accused student or group of students MIGHT constitute an overt act or combination of acts that was directed towards another student? Yes __No ______ (Explain your answer). NEW! 1b.Which was repeated over time? Yes ____No ______ (Explain your answer). IF YOU ANSWER NO TO EITHER OF THE ABOVE QUESTIONS you do not have reasonable belief that the alleged conduct MIGHT be BULLYING and no investigation is required at this time. (Be sure you still review and consider other HHB definitions to see whether it may violate another part of the policy.) IF YOU ANSWER YES TO BOTH OF THE ABOVE QUESTIONS, you might have reasonable belief the alleged conduct MIGHT be bullying and require an investigation. To help you determine whether an investigation is required you may proceed to the next slide/questions. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 27

28. Bullying Assessment- Slide 2 of 4 NEW! NEW! FOR Assessment ASK 2. (a) Do you as building administrator reasonably believe the allegations MIGHT constitute conduct intended to ridicule the victim/complainant student? Yes _ No ______ 2. (b) Do you as building administrator reasonably believe the allegations MIGHT constitute conduct intended to humiliate the victim/complainant student? Yes _ No ______ 2. (c) Do you as building administrator reasonably believe the allegations MIGHT constitute conduct intended to intimidate the victim/complainant student? Yes _ No ______ IF YOU ANSWER NO TO ALL OF THE ABOVE QUESTION you do not have reasonable belief that the alleged conduct MIGHT BE BULLYING and NO INVESTIGATION OF BULLYING IS REQUIRED. (Be sure you still review and consider other HHB definitions to see whether it may violate another part of the policy.) IF YOU ANSWER YES TO ANY OF THE ABOVE QUESTIONS, you MAY have reasonable belief that the alleged behavior MIGHT be bullying and investigation MIGHT BE REQUIRED. Again, to help you decide you can proceed to the next slide/questions. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 28

29. Bullying Assessment: Slide 3 of 4 NEW! 3.(a) IF YOU ANSWERED YES to Question 1a and 1b, and YES to 2a, 2b, OR 2c, did the accused student s behavior allegedly occur during the school day on school property? Yes ___No _ NEW! 3.(b) IF YOU ANSWERED YES to Question 1a and 1b, and YES to 2a, 2b, OR 2c, did the accused student s behavior allegedly occur on a school bus? Yes ____ No ____ 3.(c) IF YOU ANSWERED YES to Question 1a and 1b, and YES to 2a, 2b, OR 2c, did the accused student s behavior allegedly occur at school sponsored activity? Yes ___ No ___ IF YOU ANSWERED YES to Question 1a and 1b, and YES to 2a, 2b, OR 2c, and answered YES to any of questions (3(a),3(b) OR 3(c), you likely have REASONABLE BELIEF OF BULLYING and an investigation should occur. IF YOU ANSWERED YES to Question 1a and 1b, and YES to 2a, 2b, OR 2c, and answered NO to ALL of the above questions (3(a),3(b) OR 3(c), the conduct alleged still MIGHT be a violation of the bullying policy and likely need to conduct an investigation. To determine whether or not to open an investigation, you should proceed to the next slide/question. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 29

30. Bullying Assessment: Slide 4 of 4 NEW! NEW! 4. IF YOU ANSWERED YES to Question 1a and 1b, and YES to 2a, 2b, OR 2c, and NO to each of 3(a), 3(b) and 3(c) do you reasonably believe the accused student s behavior MIGHT HAVE posed a clear and substantial interference with the victim/complainant student s right to access educational programs? Yes ____ No ______ IF YOU ANSWERED YES to Question 1a and 1b, and YES to 2a, 2b, OR 2c, and answered YES to any of the above questions (3(a),3(b) OR 3(c), you likely have REASONABLE BELIEF that the alleged conduct MIGHT be bullying and SHOULD BE INVESTIGATED to determine whether it is a violation of the Bullying definition HHB Policy. IF YOU ANSWERED YES to Question 1a and 1b, and YES to 2a, 2b, OR 2c, and answered NO to questions (3(a),3(b) OR 3(c), AND NO to 4, you probably do not have reasonable belief sufficient to support the opening of an investigation at this time into a bullying violation. (Be sure you still review and consider other HHB definitions to see whether it may violate another part of the policy.) For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 30

31. Hazing (VT HHB Policy IV.(H.) Definition) Any intentional, knowing or reckless act committed by a student*, whether individually or in concert with others, against another student: In connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization which is affiliated with the educational institution: and (1) which is intended to have the effect of, or should reasonably be expected to have the effect of, endangering the mental or physical health of the student. Hazing shall not include any activity or conduct that furthers legitimate curricular, extra curricular, or military training program goals, provided that: 1)The goals are approved by the educational institution; and 2)The activity or conduct furthers the goals in a manner that is appropriate, contemplated by the educational institution, and normal and customary for similar programs at other educational institutions. *Student means: Any person who (A) Is registered in or in attendance at an educational institution; (B) has been accepted for admission at the educational institution where the hazing incident occurs; or (c) intends to attend an educational institution during any of its regular sessions after an official academic break. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN 31 PERMISSION of Heather Lynn. Updated 9-29-20

32. Hazing Assessment Slide 1 of 2 INTAKE ONLY: Do you, as Building Administrator, reasonably believe the allegations constitute conduct by a Student that MAY be 1.an intentional, knowing OR reckless act intended to have the effect of endangering the mental health of the victim/complainant student? Yes ____ No ___ 2.an intentional, knowing OR reckless act intended to have the effect of endangering the physical health of the victim/complainant student? Yes ____ No ____ 3. an intentional, knowing OR reckless act that should reasonably be expected to have the effect of endangering the mental health of the victim/complainant student? Yes ____ No ______ 4. an intentional, knowing OR reckless act that should reasonably be expected to have the effect of endangering the physical health of the victim/complainant student? Yes ____ No ______ If you answered NO to all of the above the conduct is not a violation of the Hazing definition of Policy and no investigation of HAZING is required. (Be sure you still review and consider other HHB definitions to see whether it may still violate Policy). If you answered YES to ANY of the above, the conduct MAY REQUIRE AN INVESTIGATION of HAZING. Continue on to the next slide/questions. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 32

33. Hazing Assessment Slide 2 of 2 INTAKE ONLY: Do you, as Building Administrator, reasonably believe the allegations constitute conduct by a Student that MAY be 5. in connection with pledging in any organization which is affiliated with the educational institution? Yes ____ No __ 6. in connection with being initiated into any organization which is affiliated with the educational institution? Yes ____ No ___ 7. in connection with affiliating with any organization which is affiliated with the educational institution? Yes ___ No ______ 8. in connection with holding office in in any organization which is affiliated with the educational institution? Yes ____ No ____ 9. in connection with maintaining membership in any organization which is affiliated with the educational institution? Yes ____ No ______ If you YES to ANY of questions 5-9 listed above, and answered YES to any of questions 1 through 4, you likely have REASONABLE BELIEF of conduct which MIGHT violate hazing sufficient to support an investigation under the Hazing policy. If you answered NO to ALL of questions 5-9 listed above, and answered YES to any of questions 1 through 4, you do not have reasonable belief of conduct that MIGHT constitute HAZING and therefore do no need to initiate a hazing investigation. (Be sure you still review and consider other HHB definitions to consider whether an investigation under another policy definition is required.) For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 33

34. Retaliation (Model Policy IV.(L). Prohibited Conduct: Retaliation is any adverse action by any persons (STAFF OR STUDENT) against a (student). By Staff: An adverse action may include conduct by a school employee directed at a student in the form of intimidation or reprisal such as diminishment of grades, suspension, expulsion, change in educational conditions, loss of privileges or benefits, or other unwarranted disciplinary action. By Student: Retaliation may also include conduct by a student directed at another student in the form of further harassment intimidation and reprisal. Originally limited to protecting students connected to harassment investigations. In 2015 VT expanded it to protect Vermont students in cases of hazing and bullying as well as harassment cases. It protects students who assist() or participate() in an investigation, proceeding or hearing related to the (HHB investigation). For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. 34 Updated 9-29-20

35. Retaliation Assessment Slide 1 of 5 NEW! NEW! ASSESSMENT ONLY: Do you as Building Administrator reasonably believe the allegations might constitute conduct by 1. a STAFF MEMBER/TEACHER* engaged in conduct directed against a complainant/victim student who has filed a complaint of harassment, hazing or bullying? Yes ____No ______ (Explain your answer). 2(a)Was the alleged conduct intimidation or reprisal such as diminishment of grades? Yes ____ No __ ____ (Explain your answer). 2(b) Was the alleged conduct intimidation or reprisal such as suspension? Yes ____ No ___ ___ (Explain your answer). 2(c) Was the alleged conduct intimidation or reprisal such as change in educational conditions? Yes ____ No ___ ___ (Explain your answer). 2(d) Was the alleged conduct intimidation or reprisal such as loss of privileges? Yes _ ___ No ______ (Explain your answer). 2(e) Was the alleged conduct intimidation or reprisal such as loss of benefits? Yes ____ No __ ____ (Explain your answer). 2(f) Was the alleged conduct intimidation or reprisal such as unwarranted disciplinary action? Yes ____ No _ _____ (Explain your answer). 2(g) Was the alleged conduct intimidation or reprisal of some other kind not listed above? Yes ____ No ___ ___ (Explain your answer). If the accused is a STAFF MEMBER/TEACHER and you answered YES to 1, and YES to any of 2(a,b,c,d,e,f OR g), you likely have reasonable belief that the allegations MAY constitute a violation of Retaliation policy. An investigation of retaliation should be launched. If the accused is a STAFF MEMBER/TEACHER and you answered YES to 1, and NO to ALL of 2(a,b,c,d,e,f and g), the allegations MAY still involve conduct which the Administrator MIGHT reasonably believe violates the Retaliation policy, depending on your answers to the questions on Slide 2 (Next slide, Question 3). * If the accused is a student, proceed to slide 4. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9- 29-20 35

36. Retaliation Assessment Slide 2 of 5 NEW! NEW! 3. Assessment ONLY: Do you as Building Administrator reasonably believe the allegations might constitute conduct by a STAFF MEMBER/TEACHER* engaged in conduct directed against a complainant/victim student who has participated in an investigation of harassment, hazing or bullying? Yes ____ No __ ____ (Explain your answer). 4(a)Was the alleged conduct intimidation or reprisal such as diminishment of grades? Yes ____ No ______ (Explain your answer). 4(b) Was the alleged conduct intimidation or reprisal such as suspension? Yes ____ No ______ (Explain your answer). 4(c) Was the alleged conduct intimidation or reprisal such as change in educational conditions? Yes ____ No ______ (Explain your answer). 4(d) Was the alleged conduct intimidation or reprisal such as loss of privileges? Yes ____ No ______ (Explain your answer). 4(e) Was the alleged conduct intimidation or reprisal such as loss of benefits? Yes ____ No ______ (Explain your answer). 4(f) Was the alleged conduct intimidation or reprisal such as unwarranted disciplinary action? Yes ____ No ______ (Explain your answer). 4(g) Was the alleged conduct intimidation or reprisal of some other kind not listed above? Yes ____ No ______ (Explain your answer). If the accused is a STAFF MEMBER/TEACHER and you answered YES to 3, and YES to one of 4(a,b,c,d,e,f OR g) you likely have reasonable belief that the allegations MAY constitute a violation of Retaliation policy. An investigation of retaliation should be launched. If the accused is a STAFF MEMBER/TEACHER and you answered YES to Question 3 but NO to 4(a,b,c,d,e,f, and g), the allegations may STILL involve conduct which the Administrator might reasonably believe violates Retaliation policy, depending on your answers to the questions on Slide 3. *If the accused is a Student, continue on to Slide 4. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9- 29-20 36

37. Retaliation Assessment Slide 3 of 5 NEW! NEW! 5. ASSESSMENT ONLY: Do you as Building Administrator reasonably believe the allegations might constitute conduct by a STAFF MEMBER/TEACHER* engaged in conduct directed against a complainant/victim student on whose behalf an investigation of harassment, hazing or bullying is being conducted? Yes _ ___ No ______ (Explain your answer). 6(a)Was the alleged conduct intimidation or reprisal such as diminishment of grades? Yes ____ No __ ____ (Explain your answer). 6(b) Was the alleged conduct intimidation or reprisal such as suspension? Yes ____ No __ ____ (Explain your answer). 6(c) Was the alleged conduct intimidation or reprisal such as change in educational conditions? Yes ____ No __ ____ (Explain your answer). 6(d) Was the alleged conduct intimidation or reprisal such as loss of privileges? Yes __ __ No ______ (Explain your answer). 6(e) Was the alleged conduct intimidation or reprisal such as loss of benefits? Yes ____ No __ ____ (Explain your answer). 6(f) Was the alleged conduct intimidation or reprisal such as unwarranted disciplinary action? Yes ____ No _ _____ (Explain your answer). 6(g) Was the alleged conduct intimidation or reprisal of some other kind not listed above? Yes ____ No __ ____ (Explain your answer). If the accused is a STAFF MEMBER/TEACHER and you answered YES to 5, and YES to one of 6(a,b,c,d,e,f OR g) you likely have reasonable belief that the allegations MAY constitute a violation of Retaliation policy. An investigation of retaliation should be launched. If the accused is a STAFF MEMBER/TEACHER and you answered YES to Question 5 but NO to 6(a,b,c,d,e,f and g) the conduct is NOT a violation of Retaliation policy. (Be sure you still review and consider other Harassment or Sexual Harassment definitions of Policy to see whether an investigation under those definitions is warranted.) *If the accused is a Student, continue on to Slide 4. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9-29-20 37

38. Retaliation Assessment Slide 4 of 5 NEW! NEW! 7. ASSESSMENT ONLY: Do you as Building Administrator reasonably believe the allegations might constitute conduct by a STUDENT directed against a complainant/victim student who has filed a complaint of harassment, hazing or bullying? Yes ____ No ______ (Explain your answer). 8. INTAKE ONLY: Do you as Building Administrator reasonably believe the allegations might constitute conduct by a STUDENT engaged in conduct directed against a complainant/victim student who has participated in an investigation of harassment, hazing or bullying? Yes ____ No ______ (Explain your answer). 9. INTAKE ONLY: Do you as Building Administrator reasonably believe the allegations might constitute conduct by a STUDENT engaged in conduct directed against a complainant/victim student on whose behalf an investigation of harassment, hazing or bullying is being conducted? Yes ____ No ______ (Explain your answer). If you did not answer YES to any of the above questions (7-9), you do not have reasonable belief that the student s alleged conduct MIGHT violate the Retaliation definition and it does not warrant an investigation of Retaliation. (Be sure you still review and consider whether it may violate the other definitions of Policy and warrant an investigation under those definitions.). If you answered YES to any of the above questions (7, 8 OR 9), and the accused is a Student, proceed to Slide 5. For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9- 29-20 38

39. Retaliation Assessment Slide 5 of 5 NEW! NEW! 10. ASSESSMENT ONLY: Do you, as Building Administrator, reasonably believe that the allegations might constitute conduct by the STUDENT such as further harassment? (You may need to refer to the harassment and/or sexual harassment analysis slides to answer this question). Yes ____ No ______ (Explain your answer). 11. INTAKE ONLY: Do you, as Building Administrator, reasonably believe that the allegations might constitute conduct by the STUDENT such as further intimidation? Yes ____ No ______ (Explain your answer). 12. INTAKE ONLY: Do you, as Building Administrator, reasonably believe that the allegations might constitute conduct by the STUDENT such as reprisal? Yes ____ No ______ (Explain your answer). If the accused is a STUDENT and you answered YES to questions 7, 8 or 9, AND YES to any of the above questions (10, 11 or 12) you likely have reasonable belief of conduct which MIGHT violate Retaliation sufficient to warrant opening an investigation under the Retaliation definition of VT HHB Policy. If the accused is a STUDENT and you answered YES to questions 7, 8 or 9, but NO to ALL of the above questions (10-12) then you likely do NOT have reasonable belief sufficient to open an investigation of conduct violative of the Retaliation definition of VT HHB Policy. (Be sure you still review and consider other HHB definitions to see whether it may violate another definition of Policy and require an investigation.) For instructional purposes only. Shall not constitute legal advice. Work Product of Atty. H. Lynn. NOT TO BE REPRODUCED WITHOUT EXPRESS WRITTEN PERMISSION of Heather Lynn. Updated 9- 29-20 39