Code No. 104
Page 1 of 3
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
other students, by school employees, and by 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
the employeeÕs race, color, creed, sex, sexual orientation, gender identity,
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 which may include suspension or
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 which may include,
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 which may include,
exclusion from school grounds.
ÒVolunteerÓ means an individual who has regular, significant contact
with students.
When looking at the totality of the
circumstances, 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:
á Places the student in reasonable fear of harm to the
studentÕs person or property;
á Has a substantially detrimental effect on the studentÕs
physical or mental health;
á Has the effect of substantially interfering with the
studentÕs academic performance; or
á Has the effect of substantially interfering with the
studentÕs ability to participate in or benefit from the services, activities,
or privileges provided by a school.
Approved
9-24-07 Reviewed
11-24-09
Revised
11-26-07
Code No. 104
Page 2 of 3
ANTI-BULLYING/HARASSMENT POLICY
ÒElectronicÓ
means any communication involving the transmission of information by wire,
radio, optical cable, electromagnetic, or other similar means. ÒElectronicÓ includes but is not
limited to communication via electronic mail,
internet-based communications, pager service, cell phones, electronic text
messaging or similar technologies.
Harassment and bullying may include,
but are not limited to, the following behaviors and circumstances:
á Repeated
remarks of a demeaning nature;
á Implied
or explicit threats concerning one's grades, achievements, property, etc.;
á Demeaning jokes, stories, or activities directed at the
student; and/or,
á Unreasonable interference with a student's performance.
Sexual
harassment of a student by an employee means unwelcome sexual advances,
requests for sexual favors, or other verbal or physical conduct of a sexual
nature when:
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:
á Requiring that a student submit to bullying or harassment by
another student, either explicitly or implicitly, as a term or condition of the
targeted studentÕs education or participation in school programs or activities;
and/or,
á 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 personÕs 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.
Code No. 104
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ANTI-BULLYING/HARASSMENT POLICY
The school or school district will
promptly and reasonably investigate allegations of bullying or harassment. The Building
Administrator or designee will be responsible for handling all complaints by
students alleging bullying or harassment. The Building Administrator or
designee will be responsible for handling all complaints by employees alleging
harassment.
It also is the responsibility of the
superintendent, in conjunction with the investigator and principals, to develop
procedures regarding this policy.
The superintendent also is responsible for organizing training programs
for students, school officials, faculty, staff, and volunteers who have direct
contact with students. The training will include how to recognize harassment
and what to do in case a student is harassed. It will also include proven effective
harassment prevention strategies. The superintendent will also develop a
process for evaluating the effectiveness of the policy in reducing bullying and
harassment in the school district.
The board will annually publish this
policy. The policy may be
publicized by the following means:
á Inclusion in the student handbook,
á Inclusion in the employee handbook
á Inclusion in the registration materials
á Inclusion on the school or school districtÕs web site,
á (other)_______________________________________________________,
and a copy shall be made to any person
at the central administrative office at 1100 Linn St.
Legal
References: 20
U.S.C. ¤¤ 1221-1234i (2004).
29
U.S.C. ¤ 794 (1994).
42
U.S.C. ¤¤ 2000d-2000d-7 (2004).
42
U.S.C. ¤¤ 12001 et. seq. (2004).
Senate
File 61, 1st Regular Session, 82nd General Assembly,
(2007).
Iowa
Code ¤¤ 216.9; 280.3 (2007).
281
I.A.C. 12.3(6).
Morse
v. Frederick, 127 S.Ct. 2618 (2007)
Cross
References:
502 Student Rights
and Responsibilities
503 Student
Discipline
506 Student Records