502.12 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 race, sex, creed, color, national origin, religion, marital status or disability. Students whose behavior is found to be in violation of this policy after an investigation be disciplined, up to an 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 or written harassment or abuse;
  • Pressure for sexual activity;
  • Repeated remarks to a person with sexual or demeaning implications;
  • Unwelcoming toughing;
  • 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         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 or written 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 student 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 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 Reference:         

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 (2005).

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

                                   

 

 

Cross Reference:        

403.6   Harassment

502      Student Rights and Responsibilities

503      Student Discipline

506      Student Records

                                   

Approved January 2007                     

Reviewed July 2021              

Revised May 2014 

 

 

 

SCREENING TOOL FOR COMPLAINTS OF ALLEGED BULLYING

 

1. Is the behavior reported unwanted/unwelcome?

                  Yes

                  No

 

2. Is it negative and/or aggressive?

                  Yes

                  No

 

3. Is there severity, persistence or pervasiveness?

    This is indicated by marking an “X” for signifying “Yes” to any of the following questions:

A.     Have there been multiple incidents, on average, at least twice a week?

            Yes

            No

 

B.     Has there been physical injury or the potential for physical injury?

      Yes

      No

 

C.     Are there multiple targets or multiple students accused of bullying?

      Yes

      No

                                   

D.     Is the behavior occurring in multiple locations/settings?

      Yes

      No

 

4. Is the target having a hard time defending him/herself?

                                    Yes—This can often be assumed if a complaint is being filed.

                                    No

 

If the answer to questions #1, #2, #3b or #3c or #3d (only one of the conditions for question #3 requires a yes answer to mark “Yes” for question #3) and #4 are “Yes”, proceed to intake.

 

If a “Yes” response is not provided to questions #1, #2, #3 and #4, address behavior as alleged problematic behavior that potentially violates the student code of conduct.

 

Approved January 2007                     

Reviewed July 2021                 

Revised April/May 2014 

 

 

 

502.12E1 BULLYING INTAKE FORM

Parties Present for Intake Interview:                                                                                                               

 

Name/Position of Investigator:                                                                                                                        

 

Date of Contact with Parent/Legal Guardian:                                                                                                  

 

Date Complaint Filed:                                                                                                                                     

 

Complaint Name (last, first):                                                                                                                           

 

Relationship to the target student:                                                                                                                                                                                                                   

Target Name/Grade (last,first) if not Complainant Statement is taken from alleged target student as well:                 

 

                                                                                                                                                                       

 

                                                                                                                                                                       

 

 

Accused Name/Grade (last/first)                                                                                                                     

 

                                                                                                                                                                       

 

                                                                                                                                                                       

 

Date of Last Alleged Incident:                                                                                                                        

 

You are required to cooperate fully with any investigation conducted by the District. If you choose not to cooperate with this  investigative process, and that includes answering all questions posed to you, you may subject yourself to disciplinary action, up to and including suspension. Do you understand this?

Yes                  No      

 

During this interview, or at any point during this investigative process, if you knowingly provide untruthful or inaccurate statements, you may subject yourself to disciplinary action, up to and including suspension. You may not knowingly file a false complaint. Do you understand this?

Yes                  No      

 

The District may take disciplinary action against any employee or student who is found to have retaliated against a student who has filed a formal complaint or provided statements during a complaint process. An act of retaliation would be in violation of the District’s Anti-Harassment policy and would subject the individual to disciplinary action. Do you understand this?

Yes                  No      

 

 

 

Initials:                         Date:               

 

 

 

You are allowed to discuss this investigation with members of your immediate family, your designated adult staff contact persons and the bullying investigator. You are not allowed to discuss this investigation with anyone else. Please don’t discuss this investigation with friends and other students, even if you plan to name them as witnesses. Please let me make contact with anyone I plan to interview. Please don’t tell them or warn them that I may be speaking with them. Discussions regarding this investigative process will be perceived as an attempt to influence and/or interfere with the District’s investigation, a violation of the code of conduct. Do you understand this?

Yes                  No      

 

Add as many individual allegations with information about what happened, who is the accused, where the incident occurred, when the incident occurred, and who witnessed the alleged incident, who was told about the alleged incident shortly after it occurred, or who would have information about the alleged incident as are provided by the complainant/target student. Make multiple copies of page three if necessary to capture all allegations

 

Allegation: What happened?                                                                                                                           

 

                                                                                                                                                                       

 

                                                                                                                                                                       

 

                                                                                                                                                                       

 

                                                                                                                                                                       

 

Who is accused of bullying behavior?                                                                                                            

 

                                                                                                                                                                       

 

When did this happen?                                                                                                                                               

 

                                                                                                                                                                       

 

Where did this happen?                                                                                                                                              

 

                                                                                                                                                                       

 

Who witnessed this?                                                                                                                                       

 

                                                                                                                                                                       

 

 

 

Initials                          Date                

 

 

 

 

 

 

 

 

Initials                          Date                

 

 

Allegation: What happened?                                                                                                                           

 

                                                                                                                                                                       

 

                                                                                                                                                                       

 

                                                                                                                                                                       

 

                                                                                                                                                                       

 

Who is accused of bullying behavior?                                                                                                            

 

                                                                                                                                                                       

 

When did this happen?                                                                                                                                               

 

                                                                                                                                                                       

 

Where did this happen?                                                                                                                                              

 

                                                                                                                                                                       

 

Who witnessed this?                                                                                                                                       

 

                                                                                                                                                                       

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Initials                          Date                

 

Did you want to add anything else I haven’t asked you about?                                                                                  

 

                                                                                                                                                                       

 

                                                                                                                                                                       

 

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

 

Signature of Complainant:                                                                               Date:                                      

 

Signature of Legal Guardian:                                                                           Date:                                      

 

I am aware that I am not to discuss this complaint with anyone other than my parents/legal guardian, my designated adult staff contact persons or the investigator.

 

Signature of Complainant:                                                                               Date:                                      

 

Signature of Legal Guardian:                                                                           Date:                                      

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Initials                          Date                

 

Approved: January 2007

Reviewed: April/May 2014

Revised: April/May 2014

 

 

UPLOAD FORM

 

502.12E2 EBIS PRE-INVESTIGATION STUDENT SAFETY PLAN

Student’s Name:                                                                                                                                             

 

Grade Level:                                                                                                                                                   

 

Classroom/Homeroom Teacher:                                                                                                                                 

 

Room Number:                                                                                                                                                           

 

Plan Start Date:                                                                                                                                                           

 

Proposed End Date:                                                                                                                                        

 

All School/Staff:

 

1.      All necessary school staff will be apprised of this safety plan and will make every effort to implement it successfully.

2.      Any school staff who witness or are otherwise made aware of any harassing, intimidating, bullying or retaliatory behavior toward the student will intervene immediately and will report such behavior to the principal.

 

Roles and Responsibilities:

Please have identified individual initial next to their role to signify awareness and understanding of their responsibilities.

 

1.      The alleged target will not have contact with the accused/student engaged in bullying behavior – not face-to-face, not by phone, not online, or by any other mean- while this safety plan is in effect.

                        (Initials)

2.      Parent(s)/legal guarding of targeted student agrees to take all necessary precautions to ensure target’s safely off-campus and/or outside of the regular school day.                     (Initials)

3.      Mr./Mrs.                                         will be designated as the student’s primary point of contact on staff. The primary of point of contact will be responsible for checking in with the student every day to ensure the safety plan is working. This contact is intended to be pro-active in nature and does not involve the student being responsible for locating or making contact with the staff member.  The staff member initiates this contact. Additionally, the conversations should occur in a private location.                (Initials)

4.      Mr./Mrs.                                         is designated as the student’s back up point of contact. The back- up point of contact has all the same responsibilities as the primary point of contact when that person is absent. The primary point of contact is responsible for informing the back-up point of contact when they are absent.        (Initials)                       (Initials)

5.      The student will report any breach of this plan to his/her parents, designated point of contact, teacher or other staff person immediately.             (Initials)

6.      The student will also report any such behavior which occurs as a result of this plan off-campus and/or outside of the regular school day.               (Initials)

7.      Mr./Mrs.                                         the classroom teacher, will keep the student and the accused/student engaged in bullying behavior separated in the classroom and during all class activities. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the designated bullying investigator as soon as possible.

                  (Initials)

8.      All classroom teachers will keep the student and the accused/student engaged in bullying behavior separated in the classroom and during class activities. If the student and the accused/student engaged in bullying behavior are in multiple classes together, a separate sheet identifying the classroom teacher and the responsibilities in #7 will be initialed and attached to this plan.                (Initials)

9.      Bothe the alleged target’s and the accused’s/student engaged in bullying behaviors schedules will be reviewed with the target and their parent/legal guardian. Possible points of interaction will be identified. Additionally, the alleged target will provide all the necessary information about items and places where they see the accused/student engaged in bullying behavior to ensure staff are present during before- school activities, during the school day and during after-school activities to ensure the student’s safety. Appropriate staff members will be identified and apprised of the safety plan. Those staff members will be visible in the hall and will monitor the student during all passing times. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the designated bullying investigator as soon as possible. A separate sheet identifying those staff members will be initialed and attached to this plan.                       (Initials)

10.  If bullying is alleged during recess, Mr./Mrs.                                             is designated as the student’s recess monitor and will be visible and available during recess. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the designated bullying investigator as soon as possible.            (Initials)

11.  If bullying is alleged during lunch, Mr./Mrs.                                                          is designated as the student’s lunch monitor and will be visible and available during lunch. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the designated bullying investigator as soon as possible.            (Initials)

12.  If bullying is alleged during physical education class, Mr./Mrs.                                         is designated as the student’s Gym class monitor and will be visible and available during Gym. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the designated bullying investigator as soon as possible.                  (Initials)

13.  If bullying is alleged during extra-curricular activities, including athletics, Mr./Mrs.                                                                is designated as the extra-curricular monitor and will be visible and available during extra0curricular activities. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the designated bullying investigator as soon as possible.               (Initials)

14.  If bullying is alleged during the bus ride to or from school, the bus personnel will be instructed to intervene immediately in any incident of harassment, bullying, intimidation and or retaliation involving the student and to report any bus incidents immediately to the school principal or to dispatch, who will then be responsible for reporting to the principal.                                (Initials)

15.  The school will immediately report any incidents of bullying, harassment, intimidation and/or retaliation to the student’s parent(s)/legal guardians.                      (Initials)

This plan is in place from                                            through                                               , at which time it will be reviewed, revised or continued, if necessary.

 

We agree to the safety plan as stated above.

 

Student:                                                                                               Date                                                   

 

Principal:                                                                                             Date                                                   

 

 

UPLOAD FORM

 

502.12R1 INVESTIGATIVE SUMMARY FORM

This narrative should include the following four elements: 1) a summary of each individual allegation, 2) a summary of the accused’s response to each individual allegation, 3) relevant investigative facts (i.e., witness interviews, documentation collected, etc.), and 4) the finding, whether the allegation of bullying/harassment is founded or unfounded.

 

 

 

 

 

 

 

 

 

 

 

 

Did this act or conduct (check those that apply):*

 

            Place the student in reasonable fear of harm to the student’s person or property? If yes, explain how           

 

                                                                                                                                                                       

 

            Have a substantially detrimental effect on the student’s physical or mental health? If yes, explain how           

 

                                                                                                                                                                       

 

            Have the effect of substantially interfering with the student’s academic performance? If yes, explain how           

 

                                                                                                                                                                       

 

            Have the effect of substantially interfering with the student’s ability to participate in or benefit from the

 

District services, activities or privileges? If yes, explain how.                                                                        

 

                                                                                                                                                                       

 

*In order to objectively create a hostile school environment, the totality of circumstances must be considered and typically a single or isolated instance will not rise to the level of meeting these four conditions unless the incident complained of was considered severe in nature (i.e., causing physical injury or serious bodily harm).

 

Was this incident founded?                 Yes                              No

 

            Date Summary Report sent to complainant and parent/guardian of the alleged target                         

 

            Date Summary Report sent to parent/guardian of the accused                                                            

 

            Any additional follow up action to be take:

 

 

 

 

 

 

 

 

 

 

 

            Signed by                                                                                 , Date                                                  

                                                (Investigator)

 

            Signed by                                                                                 , Date                                                  

                                                (Building Administrator)

 

 

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502.12R2 EBIS POST-INVESTIGATION SAFETY PLAN

Student’s Name:                                                                                                                                             

 

Grade Level:                                                                                                                                                   

 

Classroom/Homeroom Teacher:                                                                                                                                 

 

Room Number:                                                                                                                                                           

 

Plan Start Date:                                                                                    Proposed End Date:                                        

 

All School/Staff:

 

1.      All necessary school staff will be apprised of this safety plan and will make every effort to implement it successfully.

2.      Any school staff who witness or are otherwise made aware of any harassing, intimidating, bullying or retaliatory behavior toward the student will intervene immediately and will report such behavior to the principal.

 

Roles and Responsibilities:

Please have identified individual initial next to their role to signify awareness and understanding of their responsibilities.

 

1.      Student is not to have contact with targeted student in any way. Student is not to speak to targeted student, interact with targeted student, make derogatory, insulting or threatening remarks in the targeted student’s presence, display any insulting gestures, contact or reference targeted  student using social media or engage or direct other students to harass or bully targeted student. Student is not to intimidate, bully or harass targeted student in any capacity.

2.      If bullying occurred prior to the start of the school day, when student arrives in the building, he/she will report immediately to the main office. Student will not leave office until the adult escort arrives. Mr./Mrs.                                                     will serve as the adult escort.               (Initials)

3.      Mr./Mrs.                                                     , the classroom teacher, will keep the targeted student and the student engaged in bullying separated in the classroom and during class activities. Any and all incidents of harassment/bullying/intimidation/retaliation will immediately be addressed and then reported to the designated bullying investigator. If target and student have multiple classes together, all teaching staff  associated with the class will be added onto a separate, attached sheet and given the same responsibility to separate the students and address any problematic behavior.                  (Initials)

4.      Classroom teachers will keep the targeted student and the student engaged in bullying behavior separated in the classroom and during class activities. Teachers will immediately intervene, address and report any and all incidents of harassment/ bullying/ intimidation/ retaliation to the designated bullying investigator.             (Initials)

5.      If bullying occurred during passing periods, student engaged in bullying is now on delayed passing until the safety plan expires. Mr./Mrs.                                                       will escort the student engaged in bullying from class to class. Student will not exit the class until the adult escort has arrived. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the administration as soon as possible.              (Initials)

6.      Appropriate staff will be advised of the student safety plan, visible in the hallways and monitoring the student engaged in bullying at all times. Any bullying, intimidation, harassment and/or

 

7.      retaliation will be addressed immediately and reported to the administration as soon as possible.                   (Initials)

8.      If bullying occurred during recess, Mr./Mrs.                                                          is designated as the student’s recess monitor and will be visible and vigilantly monitoring student’s conduct during recess. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the administration as soon as possible.                     (Initials)

9.      If bullying occurred during lunch, Mr./Mrs.                                                           is designated as the student’s lunch monitor and will be visible and vigilantly monitoring student’s conduct during lunch. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the administration as soon as possible.                     (Initials)

10.  If bullying occurred during physical education class or in the locker room before or after physical education class, Mr./Mrs.                                                   is designated as the student’s gym class monitor and will be visible and vigilantly monitoring student’s conduct during gym class and before or after gym class in the locker room. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the administration as soon as possible.             (Initials)

11.  If bullying occurred during extra-curricular activities, including athletics, Mr./Mrs.                                                                is designated as the extra-curricular monitor and will be visible and available during extra-curricular activities. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the administration as soon as possible.                   (Initials)

12.  If bullying occurred on the bus either before or after school, student will have an assigned seat on the bus, closest to the bus driver. The bus driver will be instructed to separate the student engaged in bullying and the targeted student, intervene immediately and to report any bus incidents immediately to either the building principal or dispatch, who will then report the incidents to the building principal. Any bullying, intimidation, harassment and/or retaliation will be addressed immediately and reported to the administration as soon as possible.                     (Initials)

13.  If the student walks home and has engaged in bullying behavior on the way home, student will receive a 15-minutes after-school detention until the plan expires.                        (Initials)

14.  The school will immediately report any incidents of bullying, harassment, intimidation and/or retaliation to the student’s parents/legal guardians.            (Initials)

 

This plan is in place from                                            through                                                            , at which time it will be reviewed, revised or continued, if necessary.

 

Any violation of the safety plan will result in more severe disciplinary action, up to and including dismissal, removal or expulsion.

 

We are aware of the expectations of the safety plan as stated above.

 

Student:                                                                                               Date                                                   

 

Principal/Administrator:                                                                       Date                                                   

 

 

Approved: January 2007

Reviewed: April/May 2014

Revised: April/May 2014

 

UPLOAD FORM