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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