104 Anti-Bullying / Anti-Harassment Policy

The Community School District is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed.

Bullying and/or harassment of or by students, employees, and volunteers is against federal, state, and local policy and is not tolerated by the board.

Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school-sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.

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 guardian 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.

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

Retaliation Prohibited

Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.

Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and 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” means any repeated or potentially repeated electronic, written, verbal, or physical act or conduct toward any individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions:

(1) Places the individual in reasonable fear of harm to the individual’s person or property.

(2) Has a substantial detrimental effect on the individual’s physical or mental health.

(3) Has the effect of substantially interfering with an individual's academic or career performance. Has the effect of substantially interfering with the individual's ability to participate in or benefit from the services.

• “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.

Filing a Complaint

A Complainant who wishes to avail himself/herself of this procedure may do so by filing a complaint with the superintendent or superintendent’s designee. An alternate will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 15 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.

School employees, volunteers, and students shall not engage in reprisal, retaliation, or false accusation against a victim, witness, or an individual who has reliable information about an act of bullying or harassment.

Investigation

The school district will promptly and reasonably investigate allegations of bullying or harassment. The Superintendent or the Superintendent’s designee will be responsible for handling all complaints alleging bullying or harassment. The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment. The superintendent or the superintendent’s designee shall also be responsible for developing procedures regarding this policy. See policy 104.R1

Decision

If, after an investigation, a student is found to be in violation of this 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.

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the policy adopted pursuant to this section, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

Individuals who knowingly file false bullying 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.

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
(other) _______________________________________________________

Legal References: 20 U.S.C. §§ 1221-1234i.

29 U.S.C. § 794.

42 U.S.C. §§ 2000d-2000d-7.

42 U.S.C. §§ 12101 2et. seq.

Iowa Code §§ 216.9; 280.28; 280.3.

281 I.A.C. 12.3(6).

Morse v. Frederick, 551 U.S. 393 (2007)

Cross References: 102 Equal Educational Opportunity

502 Student Rights and Responsibilities

503 Student Discipline

506 Student Records

Approved 7-14-11 Reviewed 7-17-24 Revised 7-17-24

jen@iowaschool… Wed, 11/28/2012 - 17:20

104.E1 Complaint Form (Discrimination, Anti-Bullying and Anti-Harassment)

Date of complaint: _____________________________________________________

Name of Complainant: _____________________________________________________

Are you filling out this form for yourself or someone else (please identify the individual if you are submitting on behalf of someone else): _________________________________________________________________________________________________________

Who or what entity do you believe discriminated against, harassed, or bullied you (or someone else)? _____________________________________________________

Date and place of alleged incident(s): __________________________________________________________________________________________________________ _____________________________________________________

Names of any witnesses (if any): _____________________________________________________

Nature of discrimination, harassment, or bullying 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 ____ National Origin/Ethnic Background/Ancestry

____ Religion/Creed

In the space below, please describe what happened and why you believe that you or someone else has been discriminated against, harassed, or bullied. Please be as specific as possible and attach additional pages if necessary. _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature: ___________________________ Date: _______________

jen@iowaschool… Wed, 11/28/2012 - 17:20

104.E2 Witness Disclosure Form

Name of Witness: _____________________________________________________

Date of Interview: _____________________________________________________

Date of initial complaint: _____________________________________________________ _____________________________________________________

Name of Complainant (include whether Complainant is a student or employee)? _____________________________________________________

Date and place of alleged incident(s): _____________________________________________________________________________________________________

Nature of discrimination, harassment, or bullying 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 ____ National Origin/Ethnic Background/Ancestry

____ Religion/Creed

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: _________________

kkurt@northlin… Tue, 08/26/2014 - 15:58

104.E3 Disposition of Complaint Form

Date: _____________________________________________________

Date of initial complaint: _____________________________________________________

Name of Complainant (include whether the Complainant is a student or employee): __________________________________________________________________________________________________________

Date and place of alleged incident(s): _____________________________________________________________________________________________________________________________________________________________

Name of Respondent (include whether the Respondent is a student or employee): __________________________________________________________________________________________________________

Nature of discrimination, harassment, or bullying 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 ____ National Origin/Ethnic Background/Ancestry

____ Religion/Creed

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: _________________

kkurt@northlin… Tue, 08/26/2014 - 16:01

104.R1 Anti-Bullying/Harassment Investigation Procedures

Filing a Complaint

Investigation

The school district will promptly and reasonably investigate allegations of bullying or harassment upon written complaint. The Superintendent or the Superintendent’s designee (hereinafter “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 (“Respondent”);
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 the 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 involves the building principal.

The complaint and identity of the Complainant, Respondent, or witness 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.

It is the responsibility of the superintendent, in conjunction with the equity coordinators and building principals, to develop district procedures regarding anti-bullying/harassment. The superintendent [or designee] will also be responsible for organizing training programs for students, school employees, and volunteers regarding how to recognize bullying and harassing behavior and what to do if this behavior is witnessed.

The superintendent [or designee] is responsible for developing a process for evaluating the effectiveness of policy in reducing bullying and harassment and will report on the progress of reducing bullying and harassment to the school board.

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 this 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.

Approved 7-14-11 Reviewed 11-19-2019 Revised 7-17-24

jen@iowaschool… Wed, 11/28/2012 - 17:22