104 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 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 framt.  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 web site, 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; 6/8/2020

Revised:         12/12/07; 7/12/23

104.E1 ANTI-BULLYING/HARASSMENT COMPLAINT FORM

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:                   /        /

104.E2 ANTI-BULLYING/HARASSMENT WITNESS DISCLOSURE FORM

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:             /        /

104.E3 DISPOSITION OF ANTI-BULLYING/HARASSMENT COMPLAINT FORM

DISPOSITION OF ANTI-BULLYING/HARASSMENT COMPLAINT FORM

Name of complainant:

 

Name of student or employee target::

Grade and building of student or employee:

Name and position or grade of alleged perpetrator /respondent:

Date of initial complaint:

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 ANTI-BULLYING/HARASSMENT INVESTIGATION PROCEDURES

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 complain 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:

 

  • Interviews with the Complainant and the individual named in the complaint.
  • A request for the Complainant to provide a written statement regarding the nature of the complaint;
  • A request for the Respondent to provide a written statement;
  • Interviews with witnesses identified during the course of the investigation;
  • A request for witnesses identified during the course of the investigation to provide a written statement; and
  • Review and collection of documentation or information deemed relevant to the investigation.

 

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.