104 - Anti-Bullying/Harassment Policy
104 - Anti-Bullying/Harassment PolicyHarassment 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, gender, 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
employee’s race, color, creed, gender, 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. “Volunteer” means an individual who has regular, significant contact with students.
When looking at the totality of 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:
- 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.
Harassment and bullying may include, but are not limited to, the following behaviors and circumstances:
- Repeated remarks of a demeaning nature;
- Implied or explicit threats concerning one's grades, achievements, property, etc.;
- Demeaning jokes, stories, or activities directed at the student; and/or
- 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:
- 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 is used as the basis for academic decisions affecting that student; or
- The conduct has the 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.
The school or school district will promptly and reasonably investigate allegations of bullying or harassment. The Level I investigator or designee will be responsible for
handling all complaints by students alleging bullying or harassment. The Level I Investigator or designee will be responsible for handling all complaints by employees
alleging bullying or 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.
The board will annually publish this policy. The policy may be publicized by the following means:
- Inclusion in the student handbook,
- Inclusion in the employee handbook
- Inclusion in the registration materials
- Inclusion on the school or school district’s web site,
and a copy shall be made to any person at the central administrative office at 2163 135th Street, New Sharon, Iowa 50207.
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).
Cross References: 403.6 Harassment
502 Student Rights and Responsibilities
503 Student Discipline
506 Student Records
Approved 7-30-07
Reviewed 7/17/2023
Revised 11-19-07
104.E1 - Complaint Form
104.E1 - Complaint FormName of complainant: _________________________________________________________________
Position of complainant: ________________________________________________________________
Name of student or employee target: _______________________________________________________
Date of complaint: ____________________________________________________________________
Name of alleged harasser or bully: ________________________________________________________
Date and place of incident or incidents: ___________________________________________________
Nature of Discrimination or Harassment Alleged (Check all that apply.)
___ Age ___ Physical Attribute ___ Sex
___ Disability ___ Political Belief ___ Sexual Orientation
___ Familial Status ___ Race/Color ___ Socio-economic Background
___ Marital Status ___ Religion/Creed ___ Other – Please Specify
___ National Origin/Ethnic Background/Ancestry
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: / /
104.E2 - Witness Disclosure Form
104.E2 - Witness Disclosure FormName 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: / /
104.E3 - Disposition of Complaint Form
104.E3 - Disposition of Complaint FormName of complainant: _________________________________________________________________
Position of complainant: ________________________________________________________________
Name of student or employee target: _______________________________________________________
Grade and Building of student or employee: _________________________________________________
Date of initial complaint: _______________________________________________________________
Name and position or grade of alleged perpetrator/respondent: __________________________________
Nature of Discrimination or Harassment Alleged (Check all that apply.)
___ Age ___ Physical Attribute ___ Sex
___ Disability ___ Political Belief ___ Sexual Orientation
___ Familial Status ___ Race/Color ___ Socio-economic Background
___ Marital Status ___ Religion/Creed ___ Other – Please Specify
___ National Origin/Ethnic Background/Ancestry
Summary of Investigation: ______________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: ________________________________
Date: / /
104.R1 - Investigation Procedures
104.R1 - Investigation ProceduresIndividuals 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;
o what, when and where it happened;
o who was involved;
o exactly what was said or what the harasser did;
o witnesses to the harassment;
o what the student said or did, either at the time or later;
o how the student felt; and
o how the harasser responded.
COMPLAINT PROCEDURE
An individual who believes that the individual has been harassed or bullied will notify the high school / elementary counselor, the designated Level I investigator. The
alternate investigator is the elementary / high school counselor. 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 investigator, with the approval of the principal, or 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 as to each allegation of harassment and report the findings and
conclusions to the principal. The investigator will provide a copy of the findings of the investigation 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 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 or 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 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;
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.