104 Anti-Bullying/Harassment/Sexual Harassment Policy

Code No. 104

ANTI-BULLYING/HARASSMENT/SEXUAL HARASSMENT POLICY

The Grinnell-Newburg School District understands the importance of the emotional wellbeing and the physical safety of every student in the district. To that end, the board considers all bullying and harassment of students to be unacceptable, and these behaviors will not be tolerated. Communication and interactions between students should be respectful and kind.

Description of Bullying & Harassment

The board considers bullying and harassment to be any behaviors that adversely impact another student. These behaviors include any electronic, written, verbal, or physical acts or conduct toward a student which are based on any actual or perceived trait or characteristic of the student and which causes harm or fear of harm in that student.

Bullying behaviors may look like, but are not limited to:

Verbal bullying: speaking or writing harmful things either in person or electronically

Social bullying: harming the victim’s relationships or social standing

Physical bullying: harming another person’s body or things

Sexual harassment: unwelcome and inappropriate sexual remarks or physical advances

Discrimination: Unjust or prejudicial treatment based on a persons difference(s) unfair or unequal treatment of an individual (or group)based on certain characteristics

Hazing: requiring the performance of certain tasks or rituals in order to be accepted into a group

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

Bullying of a protected class includes behavior done to degrade an individual on the basis of the student’s actual or perceived race, color, ancestry, national origin, nationality, ethnicity, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity,gender expression, or genetic information or association with a person or group with one or more of these actual or perceived characteristics.

Bullying of a protected class will be considered “hate-motivated” harassment and will be treated as such.

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

Disciplinary actions for bullying and harassment may include, but are not limited to:

warnings; counseling; loss of opportunity to participate in extracurricular activities, school social events or graduation exercises; loss of school bus transportation; community service; in-school suspension; short term suspension; or transfer to another school among others. The specific consequences should be consistent, reasonable, fair, age appropriate and match the severity of the incident. If necessary, counseling will be provided for the target and/or the student perpetrating the bullying or harassment.

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

104.E1 Anti-Bullying/Harassment Complaint Form

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

104E2 Anti-Bullying/Harassment Complaint Form

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

104E3 Disposition of Anti-Bullying/Harassment Form

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

104R1 Anti-Bullying/Harassment Investigation Procedures

Code No. 104.R1

ANTI-BULLYING/HARASSMENT 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;
  - what, when and where it happened;
  - who was involved;
  - exactly what was said or what the harasser did;
  - witnesses to the harassment;
  - what the student said or did, either at the time or later;
  - how the student felt; and
  - how the harasser responded.

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

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

Approved: 02/26/14

Reviewed:

Revised: 04/14/2021