Reprisal or Retaliation Prohibited Clause Samples
The "Reprisal or Retaliation Prohibited" clause serves to protect individuals from adverse actions taken against them for engaging in certain protected activities, such as reporting misconduct, filing complaints, or participating in investigations. In practice, this clause applies to employees, contractors, or other stakeholders, ensuring that they cannot be demoted, dismissed, harassed, or otherwise penalized for exercising their rights or fulfilling legal obligations. Its core function is to foster a safe environment where individuals can raise concerns or report wrongdoing without fear of negative consequences, thereby promoting transparency and accountability within an organization.
Reprisal or Retaliation Prohibited. The Board prohibits a Board member, school employee, contracted service provider who has contact with students, school volunteer, or student from engaging in reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information, or any other person who has reliable information about an act of harassment, intimidation, or bullying or who reports an act of harassment, intimidation, or bullying. The consequence and appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the administrator after consideration of the nature, severity and circumstances of the act, in accordance with case law, Federal and State statutes and regulations and district policies and procedures. All suspected acts of reprisal or retaliation will be taken seriously and appropriate responses will be made in accordance with the totality of the circumstances. Examples of consequences and remedial measures for students who engage in reprisal or retaliation are listed and described in the Consequences and Appropriate Remedial Actions section of this Policy. Examples of consequences for a school employee or a contracted service provider who has contact with students who engage in reprisal or retaliation may include, but not be limited to: verbal or written reprimand, increment withholding, legal action, disciplinary action, termination, and/or bans from providing services, participating in school district-sponsored programs, or being in school buildings or on school grounds. Remedial measures may include, but not be limited to: in or out-of-school counseling, professional development programs, and work environment modifications. Examples of consequences for a Board member who engages in reprisal or retaliation may include, but not be limited to: reprimand, legal action, and other action authorized by statute or administrative code. Remedial measures may include, but not be limited to: counseling and professional development.