502.10 - Student-To-Student Harassment

502.10 - Student-To-Student Harassment

Harassment of students by other students will not be tolerated in the school district.  This policy is in effect while students are on school grounds, school district property, or on property within the jurisdiction of the school district; while on school-owned and/or school-operated vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management of the school district and directly affects the welfare of the student and school district.

Harassment prohibited by the school district includes, but is not limited to, harassment, including bullying, on the basis of age actual or perceived, race, sex, creed, color, national origin, religion, marital status, sexual orientation, gender identity, physical attributes, physical or mental ability, ancestry, political party preference, political belief, social economic status, familial status or disability.  Students whose behavior is found to be in violation of this policy after an investigation be disciplined, up to and including, suspension and expulsion.

Sexual harassment means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating, offensive or hostile learning environment.

Sexual harassment as set out above, may include, but is not limited to the following:       

        ·    verbal, written or electronic harassment or abuse;

        ·    pressure for sexual activity;

        ·    repeated remarks to a person with sexual or demeaning implications;

        ·    unwelcome touching;

        ·    suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's grades, achievements, etc.

Harassment on the basis of race, creed, color, religion, national origin, marital status or disability means conduct of a verbal or physical nature that is designed to unreasonably embarrass, distress, agitate, disturb or trouble students when such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating, offensive or hostile learning environment.

Harassment as set forth above may include, but is not limited to the following:

        ·    verbal, physical, written or electronic harassment, bullying or abuse;

        ·    repeated remarks of a demeaning nature;

        ·    implied or explicit threats concerning one's grades, achievements, etc.;

        ·    demeaning jokes, stories, or activities directed at the student.

The district will promptly and reasonably investigate allegations of harassment.  The building principal will be responsible for handling all complaints by students alleging harassment.

Retaliation against a student because the student has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited, however, the superintendent has the right to discipline students who knowingly file false harassment complaints.  A student who is found to have retaliated against another in violation of this policy will be subject to discipline, up to and including, suspension and expulsion. 

It will also be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop administrative rules regarding this policy.  The superintendent will also be responsible for organizing training programs for students and employees.  The training will include how to recognize harassment and what to do in case a student is harassed.  It will also include effective harassment prevention strategies.  The superintendent will also develop a process for evaluating the effectiveness of the policy by reducing harassment in the school district.  The superintendent shall report to the board on the progress of reducing harassment in the school district.

 

 

Legal References:  20 U.S.C. §§ 1221-1234i (1994).
                                        29 U.S.C. § 794 (1994).
                                        42 U.S.C. §§ 2000d-2000d-7 (1994).
                                        42 U.S.C. §§ 12001 et. seq. (1994).
                                        Iowa Code §§ 216.9; 280.3 (2003).
                                        281 I.A.C. 12.3(6).

Cross References:  403.6    Harassment
                                        502       Student Rights and Responsibilities
                                        503       Student Discipline
                                        506       Student Records

Approved    4/11/05                        
Reviewed  11/15/21                                                                       
Revised                   

 

dawn.gibson.cm… Fri, 12/08/2023 - 13:13

502.10E1 - Harassment Complaint Form

502.10E1 - Harassment Complaint Form

Name of complainant:                                                                    

 

Position of complainant:                                                                

 

Date of complaint:                                                                      

 

Name of alleged harasser:                                                               

 

Date and place of incident or incidents:                                                

                                                                                        

 

Description of misconduct:                                                              

                                                                                        

                                                                                        

 

Name of witnesses (if any):                                                             

                                                                                        

                                                                                        

 

Evidence of harassment, 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:                

 

 

Approved    4/11/05                        
Reviewed  11/15/21                                                                    
Revised                   

 

dawn.gibson.cm… Fri, 12/08/2023 - 13:16

502.10E2 - Witness Disclosure Form

502.10E2 - 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:                          

 

 

Approved    4/11/05                        
Reviewed   11/15/21                                                                      
Revised                   

 

dawn.gibson.cm… Fri, 12/08/2023 - 13:17

502.10R1 - Student-To-Student Harassment Investigation Procedures

502.10R1 - Student-To-Student Harassment Investigation Procedures

Harassment of students by other students will not be tolerated in the school district.  This policy is in effect while students are on school grounds, school district property, or on property within the jurisdiction of the school district; while on school-owned and/or school-operated buses, vehicles or chartered buses; while attending or engaged in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school district.

Harassment prohibited by the district includes, but is not limited to, harassment on the basis of race, sex, creed, color, national origin, religion, marital status or disability.  Students whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, suspension and expulsion.

Sexual harassment means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

  • submission to such conduct is made either explicitly or implicitly a term or condition or a student's education or of a student's participation in school programs or activities;
  • submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
  • such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating, offensive or hostile learning environment.

Sexual harassment as set out above, may include, but is not limited to the following:

  • verbal, written or electronic harassment or abuse;
  • pressure for sexual activity;
  • repeated remarks to a person with sexual or demeaning implications
  • unwelcome touching;
  • suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's grades, achievements, etc.

Harassment on the basis of race, creed, color, religion, national origin, marital status or disability means conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb, or trouble students when:

  • submission to such conduct is made either explicitly or implicitly a term or condition of a student's education or of a student's participation in school programs or activities;
  • submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
  • such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating, offensive or hostile learning environment.

Harassment as set forth above may include, but is not limited to the following:

  • verbal, physical, written or electronic harassment or abuse;
  • repeated remarks of a demeaning nature;
  • implied or explicit threats concerning one's grades, achievements, etc.;
  • demeaning jokes, stories, or activities directed at the student.

Harassment and abuse are violations of school district policies, rules and regulations and, in some cases, may also be a violation of criminal or other laws.  The school district has the authority to report students violating this rule to law enforcement officials.

Students who feel that they have been harassed should:

  • Communicate to the harasser that the student expects the behavior to stop, if the student is comfortable doing so.  If the student needs assistance communicating with the harasser, the student should ask a teacher, counselor or principal to help.
  • If the harassment does not stop, or the student does not feel comfortable confronting the harasser, the student 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

A student who believes that the student has been harassed shall notify the Elementary Principal, the designated investigator.  The alternate investigator is the Superintendent.  The investigator may request that the student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures.  Information received during the investigation shall be kept confidential to the extent possible.

The investigator, with the approval of the principal, or the principal has the authority to initiate a harassment investigation in the absence of a written complaint.

 

INVESTIGATION PROCEDURE

The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint.  The investigator shall interview the complainant and the alleged harasser.  The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint.  The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator shall make written findings and conclusions as to each allegation of harassment and report the findings and conclusions to the principal.  The investigator will outline 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 the appropriate next step which may include discipline up to and including suspension and expulsion.

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 shall 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 shall receive notice as to the conclusion of the investigation.

 

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 be the investigator.

 

 

Approved    8/14/95                        
Reviewed    11/15/21                                                         
Revised                   

 

dawn.gibson.cm… Fri, 12/08/2023 - 13:18