Code No 102.6

Code No. 102.6

School District

Anti-Bullying/Harassment Policy

Harassment and bullying of students and employees are against federal, state and local policy, and are not tolerated by the board. The board is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. To that end, the board has in place policies, procedures, and practices that are designed to reduce and eliminate bullying and harassment as well as processes and procedures to deal with incidents of bullying and harassment. Bullying and harassment of students by students, school employees, and volunteers who have direct contact with students will not be tolerated in the school or school district.

The board prohibits harassment, bullying, hazing, or any other victimization, of students, based on any of the following actual or perceived traits or characteristics, including but not limited to, age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status. Harassment against employees based upon race, color, creed, sex, sexual orientation, national origin, religion, age or disability is also prohibited.

This policy is in effect while students or employees are on property within the jurisdiction of the board; while on school-owned or school-operated vehicles; while attending or engaged in school-sponsored activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school or school district.

If, after an investigation, a student is found to be in violation of this policy, the student shall be disciplined by appropriate measures up to, and including, suspension and expulsion. If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures up to, and including, termination. If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures up to, and including, exclusion from school grounds. “Volunteer” means an individual who has regular, significant contact with students.

Harassment and bullying mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:

Places the student in reasonable fear of harm to the student’s person or property;
Has a substantially detrimental effect on the student’s physical or mental health;
Has the effect of substantially interfering with the student’s academic performance; or
Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

“Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, electronic text messaging or similar technologies.

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Harassment and bullying may include, but are not limited to, the following behaviors and circumstances:

Verbal, nonverbal, physical or written harassment, bullying, hazing, or other victimization that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;
Repeated remarks of a demeaning nature that have the purpose or effect of causing injury; discomfort, fear, or suffering to the victim;
Implied or explicit threats concerning one’s grades, achievements, property, etc. that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;
Demeaning jokes, stories, or activities directed at the student that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim; and,/or
Unreasonable interference with a student’s performance or creation of an intimidating, offense, or hostile learning environment.

Sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

Submission to the conduct is made either implicitly or explicitly a term or condition of the student’s education or benefits;
Submission to or rejection of the conduct by a school employee is used as the basis for academic decisions affecting that student; or
The conduct has the purpose or effect of substantially interfering with the student’s academic performance by creating an intimidating, hostile, or offensive education environment.

In situations between students and school officials, faculty, staff, or volunteers who have direct contact with students, bullying and harassment may also include the following behaviors:

Requiring that a student submit to bullying or harassment by another student, either explicitly or implicitly, as a term or condition of the targeted student’s education or participation in school programs or activities; and/or
Requiring submission to or rejection of such conduct as a basis for decisions affecting the student.

Any person who promptly, reasonably, and in good faith reports an incident of bullying or harassment under this policy to a school official, shall be immune from civil or criminal liability relating to such report and to the person’s participation in any administrative, judicial, or other proceeding relating to the report. Individuals who knowingly file a false complaint may be subject to appropriate disciplinary action.

Retaliation against any person, because the person has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding, is also prohibited. Individuals who knowingly file false harassment complaints and any person who gives false statements in an investigation shall be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds.

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The school or school district will promptly and reasonably investigate allegations of bullying or harassment. The elementary principal or designee will be responsible for handling all complaints by students alleging bullying or harassment. The elementary principal or designees will be responsible for handling complaints by employees alleging bullying or harassment. Any allegation or bullying or harassment at the elementary will be investigated by the middle school principal.

It also is the responsibility of the superintendent, in conjunction with the investigator and principals, to develop procedures regarding this policy.

The board will annually publish this policy. The policy will be publicized by the following means:

Inclusion in the student handbook,
Inclusion in the employee handbook,
Inclusion on the school or school district’s web site,

And a copy shall be made to any person at the central administration office at 608 S. Washington, Bloomfield, Iowa.

Legal Reference: 20 U.S.C. Chapters 1221-1234i (2004).

29 U.S.C. Chapter 794 (1994).

42 U.S.C. Chapters 2000d-2000d-7 (2004).

42 U.S.C. Chapter 12001 et.seq. (2004).

Senate File 61, 1^st Regular Session, 82^nd General Assembly (2007).

Iowa Code Chapters 270; 216.9; 280.3 (2007).

281 I.A.C. 12.3(6).

Cross Reference 403.5 Harassment

503 Student Behavior and Discipline

506.1 Student Records Access

Approved: June 18, 2007

Reviewed:

Revised:

102.6 (4)

Anti-Bullying/Harassment Complaint Form

Name of complainant:

Position of complainant:

Date of complaint:

Name of alleged harasser

Or bully:

Date and place of incident

or incidents:

Description of misconduct:

Name of witnesses (if any):

Evidence of harassment or bullying, i.e., letters, photos, etc. (attach evidence if possible):

Any other information:

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature:

Date: / /_______

102.6 (5)

Anti-Bullying/Harassment Witness Disclosure Form

Name of witness:

Position of witness:

Date of testimony, interview:

Description of incident witnessed:

Any other information:

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature:

Date: / /

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Anti-Harassment/Bullying Investigation Procedures

Individuals who feel that they have been harassed should:

Communicate to the harasser that the individual expects the behavior to stop, if the individual is comfortable doing so. If the individual wants assistance communicating with the harasser, the individual should ask a teacher, counselor or principal to help. If the harassment does not stop, or the individual does not feel comfortable confronting the harasser, the individual should:

-- tell a teacher, counselor or principal; and

-- write down exactly what happened, keep a copy and give another copy to the teacher,

counselor or principal including;

· what, when and where it happened;

· who was involved;

· exactly what was said or what the harasser did;

· witnesses to the harassment;

· what the student said or did, either at the time or later;

· how the student felt; and

· how the harasser responded.

Complaint Procedure

An individual who believes that the individual has been harassed or bullied will notify the elementary principal, the designated investigator. The alternate investigator is the middle school principal. The investigator may request that the individual complete the Harassment/Bullying Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. The complainant shall be given a copy of the completed complaint form. Information received during the investigation is kept confidential to the extent possible.

The principal has the authority to initiate an investigation in the absence of a written complaint.

Investigation Procedure

The investigator will reasonably and promptly commence the investigation upon receipt of the complaint. The investigator will interview the complainant and the alleged harasser. The alleged harasser may file a written statement in response to the complaint. The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator will make written findings and conclusions and report the findings and conclusions to the principal.

Resolution of the Complaint

Following receipt of the investigator’s report, the principal may investigate further, if deemed necessary, and make a determination of any appropriate additional steps, which may include discipline.

Prior to the determination of the appropriate remedial action, the principal may, at the principal’s

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discretion, interview the complainant and the alleged harasser. The principal will file a written report closing the case and documenting any disciplinary action taken or any other action taken in response to the complaint. The complainant, the alleged harasser and the investigator will receive notice as to the conclusion of the investigation. The principal will maintain a log of information necessary to comply with Iowa Department of Education reporting procedures.

Points to Remember in the Investigation

Evidence uncovered in the investigation is confidential.

Complaints must be taken seriously and investigated.

No retaliation will be taken against individuals involved in the investigation process.

Retaliators will be disciplined up to and including suspension and expulsion.

Conflicts

If the investigator is a witness to the incident, the alternate investigator shall investigate.

Student Handbook Provision

Initiations, Hazing, Bullying or Harassment

Harassment, bullying and abuse are violations of school district policies, rules and regulations and, in some cases, may also be a violation of criminal or other laws. The school district has the authority to report students violating this rule to law enforcement officials.

Students who feel that they have been harassed or bullied should:

Communicate to the harasser or bully that the student expects the behavior to stop, if the student is comfortable doing so. If the student needs assistance communicating with the harasser or bully, the student should ask a teacher, counselor or principal to help. If the harassment or bullying does not stop, or the student does not feel comfortable confronting the harasser or bully, the student should:

· tell a teacher, counselor or principal; and

· write down exactly what happened, keep a copy and give another copy to the

teacher, counselor or principal including;

· what, when and where it happened;

· who was involved;

· exactly what was said or what the harasser or bully did;

· witnesses to the harassment or bullying;

· what the student said or did, either at the time or later;

· how the student felt; and

· how the harasser or bullying responded.

Sexual harassment may include unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. Harassment or bullying on the basis of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political party preferences, political belief, socioeconomic status or familial status includes conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb or trouble persons when it:

· places the student in reasonable fear of harm to the student’s person or property;

· has a substantially detrimental effect on the student’s physical or mental health;

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· has the effect of substantially interfering with the student’s academic performance; or

· has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

Sexual harassment includes, but is not limited to:

· verbal, physical or written harassment or abuse;

· pressure for sexual activity;

· repeated remarks to a person with sexual or demeaning implications; and

· suggesting or demanding sexual involvement, accompanied by implied or explicit threats.

Harassment or bullying based upon factors other than sex includes, but is not limited to:

· verbal, physical, or written harassment or abuse;

· repeated remarks of a demeaning nature;

· implied or explicit threats concerning one’s grades, job, etc; and

· demeaning jokes, stories or activities.