Code No. 104
ANTI-BULLYING/HARASSMENT/SEXUAL HARASSMENT POLICY
Description of Bullying & Harassment
Bullying behaviors may look like, but are not limited to:
Often there is a power imbalance between the bully and the bullied student. And although bullying generally happens repeatedly, the board acknowledges the negative impact even one harassing interaction can cause to a student’s wellbeing.
Bullying of a Protected Class
Scope of the Policy
This policy is in effect while students or employees are on property within the jurisdiction of the board; while in school-owned or school-operated vehicles; while attending or engaged in school-sponsored activities; and while away from school grounds when the misconduct directly affects the good order, efficient management and welfare of the school or school district.
Reporting Bullying and Harassment
Any student, staff member, or volunteer who witnesses or experiences bullying behavior can report the incident here. 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 a 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.
Investigation, Procedures, and Prevention
The school or school district will promptly and reasonably investigate allegations of bullying or harassment. The Superintendent or designee will be responsible for handling all complaints by students alleging bullying or harassment. The Superintendent 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 current bullying and harassment procedures can be found here.
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 district. The superintendent shall report to the board on the progress of reducing bullying and harassment to the board.
Retaliation
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 person found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.
Discipline and Remediation
Legal References:
20 U.S.C. §§ 1221-1234i (2012).
29 U.S.C. § 794 (2012).
42 U.S.C. §§ 2000d-2000d-7 (2012).
42 U.S.C. §§ 12001 et. seq. (2012).
Iowa Code§§ 216.9; 280.28,280.3 (2013).
281 I.A.C. 12.3(6).
Morse v. Frederick, 127 S.Ct. 26!8 (2007)
Cross References:
502 Student Discipline
503 Student Records
506 Student Rights and Responsibilities
Approved: 04/23/08
Reviewed: 02/26/14
Revised: 04/14/2021
Code No. 104E1
ANTI-BULLYING/HARASSMENT COMPLAINT FORM
Name of complainant: ________________________________________ Date: _________________
Position of complainant: ____________________________________________________________
Name of student or employee harmed: ___________________________________________________
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 __ Physical/Mental Ability __ Sexual Orientation
__ Familial Status __ Political Belief __ Socio-economic Background
__ Gender Identity __ Political Party Preference __ Other - Please Specify:
__ Marital Status __ Race/Color ______________________
__ Religion/Creed __ Background/Ancestry __ National Origin/Ethnic
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: _________________
Assisting Staff Member Signature (if appropriate): ________________________________________
Please complete this form and submit it to the building administrator and send a copy to the District Superintendent’s Office.
Approved: 02/26/14
Reviewed:
Revised: 04/14/2021
Code No. 104E2
ANTI-BULLYING/HARASSMENT COMPLAINT FORM
Name of witness: _________________________________________________________________
Position of witness: _______________________________________________________________
Date of statement interview: ________________________________________________________
Description of incident observed: ____________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
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: _________________
Assisting Staff Member Signature (if appropriate): _______________________________________
Approved: 02/26/14
Reviewed:
Revised: 04/14/2021
Code No. 104E3
DISPOSITION OF ANTI-BULLYING/HARASSMENT FORM
Name of complainant: __________________________________________________________________
Name of student or employee harmed: _______________________________________________________
Grade and building of student or employee: __________________________________________________
Name and position or grade of Alledged perpertrator/respondent: _________________________________
Date of initial complaint: ________________________________________________________________
Nature of Bullying or Harassment Alleged (Check all that apply)
__ Age __ Physical Attribute __ Sex
__ Disability __ Physical/Mental Ability __ Sexual Orientation
__ Familial Status __ Political Belief __ Socio-economic Background
__ Gender Identity __ Political Party Preference __ Other - Please Specify:
__ Marital Status __ Race/Color ______________________
__ Religion/Creed __ 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: _________________
Approved: 02/26/14
Reviewed:
Revised: 04/14/2021
Code No. 104.R1
ANTI-BULLYING/HARASSMENT INVESTIGATION PROCEDURES
Individuals who feel that they have been harassed should:
COMPLAINT PROCEDURE
An individual who believes that the individual has been harassed or bullied without resloution at the building level, will notify the Superintendent, who will assign the case to the designated investigator using the investigator rotation cycle. The investigator may request that the individual complete the Harassment/Bullying Complaint fonn 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
CONFLICTS
If the investigator is a witness to the incident, the alternate investigator shall investigate
Approved: 02/26/14
Reviewed:
Revised: 04/14/2021