104.R1 - 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;

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.