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 contact with students will not be tolerated in the school or school district.
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.
Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy. The superintendent is responsible for implementation of this policy and all accompanying procedures. Complaints will be investigated within a reasonable time frame. Within 24 hours of receiving a report that a student may have been the victim of conduct that constitutes bullying and/or harassment, the district will notify the parent or guardian of the student.
If as a result of viewing surveillance system data or based on a report from a school district employee, the district determines that a student has suffered bullying or harassment by another student enrolled in the district, a parent or guarding of the student may enroll the student in another attendance center within the district that offers classes at the student’s grade level, subject to the requirements and limitations established in Iowa law related to this topic.
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 Prohibited
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.
Definitions
For the purposes of this policy, the defined words shall have the following meaning:
“Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
“Harassment” and “Bullying” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one of 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.
“Trait or characteristic of the individual” includes but is 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
“Volunteer” means an individual who has regular significant contact with students.
Publication of Policy
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 website, and a copy shall be made to any person at the central administrative office at 406 Mechanic.
Legal References: 20 U.S.C. §§ 1221-1234i.
29 U.S.C. § 794.
42 U.S.C. §§ 2000d-2000d-7.
42 U.S.C. 12100 2et. Seq.
Iowa Code §§ 216.9; 280.3 .28
281 I.A.C. 12.3(6)
Morse v. Frederick, 551 U.S. 393 (2007)
Cross Reference: 102 Equal Educational Opportunity
502 Student Rights and Responsibilities
503 Student Discipline
506 Education Records
Adopted: 7/12/07
Reviewed: 10/12/11; 8/26/15; 6/8/20; 4/9/25
Revised: 12/12/07; 7/12/23
ANTI-BULLYING/HARASSMENT COMPLAINT FORM
Name 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: / /
|
Name of Witness: |
_____________________________________________________
|
|
Date of interview:
|
_____________________________________________________ |
|
Date of initial complaint:
|
_____________________________________________________ |
|
Name of Complainant (include whether the Complainant is a student or employee): |
_____________________________________________________
_____________________________________________________ |
|
|
|
|
Date and place of alleged incident(s): |
_____________________________________________________
_____________________________________________________ |
|
|
|
Nature of harassment, or bullying alleged alleged (check all that apply):
|
|
Age |
|
Political Belief |
|
|
Disability |
|
Political Party Preference |
|
|
Familial Status |
|
Race/Color |
|
|
Gender Identity |
|
Religion/Creed |
|
|
Marital Status |
|
Sex |
|
|
National Origin/Ethnic Background/Ancestry |
|
Sexual Orientation |
|
|
Physical Attribute |
|
Socio-economic Background |
|
|
Physical/Mental ability |
|
Other—Please Specify |
Description of incident witnessed: _________________________________________________________
____________________________________________________________________________________________________________________________________________________________
Additional information: _________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _____________________________________ Date: __________________________
|
Date: |
_____________________________________________________
|
|
Date of initial complaint:
|
_____________________________________________________ |
|
|
|
|
Name of Complainant (include whether the Complainant is a student or employee): |
_____________________________________________________
|
|
|
|
|
Date and place of alleged incident(s): |
_____________________________________________________
_____________________________________________________
|
|
|
Nature of discrimination alleged (check all that apply):
|
|
Age |
|
Political Belief |
|
|
Disability |
|
Political Party Preference |
|
|
Familial Status |
|
Race/Color |
|
|
Gender Identity |
|
Religion/Creed |
|
|
Marital Status |
|
Sex |
|
|
National Origin/Ethnic Background/Ancestry |
|
Sexual Orientation |
|
|
Physical Attribute |
|
Socio-economic Background |
|
|
Physical/Mental Ability |
|
Other—Please Specify |
Description of incident witnessed: _________________________________________________________
____________________________________________________________________________________________________________________________________________________________
Additional information: _________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _____________________________________ Date: __________________________
Filing a Complaint
Individuals who feel that they have been harassed or bullied may file a complaint with the superintendent or superintendent’s designee. The complaint form is available at www.wapello.csd.org
An alternate investigator will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged bullying or harassment or some other conflict of interest exists. Complaints shall be filed within 10 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed.
Investigation
The school district will promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The investigator will be responsible for handling all complaints alleging bullying or harassment.
The investigation may include, but is not limited to the following:
The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment as defined in board policy. Upon completion of the investigation, the Investigator shall issue a report with respect to the findings, and provide a copy of the report to the appropriate building principal or Superintendent if the investigation involved the building principal.
The complaint and identify of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. Similarly, evidence uncovered in the investigation shall be kept confidential to the extent reasonably possible.
Decision
The investigator, building principal, or superintendent, depending on the individuals involved, shall inform the Complainant and the accused about the outcome of the investigation. If,, after an investigation, a student is found to be in violation of the policy, the student shall be disciplined by appropriate measures which may include 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, 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.
Individuals who knowingly file false bullying and/or harassment complaints and any person who gives false statements in an investigation may 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.