502 STUDENT RIGHTS AND RESPONSIBILITIES

502.1 STUDENT APPEARANCE

 

The board believes inappropriate student appearance causes material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees and visitors.

 

Students are expected to adhere to standards of cleanliness and dress that are compatible with the requirements of a good learning environment.  The standards will be those generally acceptable to the community as appropriate in a school setting.

 

The board expects students to be clean and well-groomed and wear clothes in good repair and appropriate for the time, place and occasion.  Clothing or other apparel promoting products illegal for use by minors and clothing displaying obscene material, profanity, or reference to prohibited conduct are disallowed.  While the primary responsibility for appearance lies with the students and their parents, appearance disruptive to the education program will not be tolerated.  When, in the judgment of a principal, a student's appearance or mode of dress disrupts the educational process or constitutes a threat to health or safety, the student may be required to make modifications.

 

It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.

 

 

 

 

Legal Reference:         

Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

Bethal School District  v. Fraser, 478 U.S. 675 (1986).

Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).

Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).

Torvik v. Decorah Community School, 453 F.2d 779 (8th Cir. 1972).

Turley v. Adel Community School District, 322 F.Supp. 402 (S.D. Iowa 1971).

Sims v. Colfax Comm. School Dist., 307 F.Supp. 485 (Iowa 1970).

Iowa Code § 279.8

 

 

Cross Reference:        

500      Objectives for Equal Educational Opportunities for Students

502      Student Rights and Responsibilities

 

 

Approved January 2007               

Reviewed July 2021      

Revised                   

502.2 CARE OF SCHOOL PROPERTY/VANDALISM

Students will treat school district property with the care and the respect they would treat their own property.  Students found to have destroyed or otherwise harmed school district property may be required to reimburse the school district.  They may be subject to discipline under board policy and the school district rules and regulations.  They may also be referred to local law enforcement authorities.

 

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding this policy.

 

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 279.8; 282.4, .5; 613.16

 

 

Cross Reference:        

502      Student Rights and Responsibilities

802.1   Maintenance Schedule

 

 

Approved January 2007               

Reviewed  July 2021   

Revised                   

502.3 STUDENT FREEDOM OF EXPRESSION

It is the goal of the district to protect the educational environment for all students to help ensure it is free from substantial disruption or infringement upon their rights.  Student expression should be appropriate to ensure that the students learn and meet the goals of the school activity and that the potential audience is not exposed to material that may be harmful or inappropriate for their level of maturity.

While students will generally be allowed to express their viewpoints and opinions, in certain qualifying circumstances, student speech may require administrative regulation to help ensure the safety and welfare of the school community.  The district may regulate speech that:  causes or is reasonably anticipated to cause a material and substantial disruption to the education environment; infringes upon the rights of others; is obscene or lewd; is school sponsored; and/or promotes illegal activity.  The administration, when making this judgment, will consider whether the activity in which the expression was made is school-sponsored and whether review or prohibition of the students' speech furthers an educational purpose.  The expression must be done in a reasonable time, place, and manner that is not disruptive to the orderly and efficient operation of the school district.

The superintendent may develop procedures for safely addressing qualifying types of mass protests by students, including walk-ins and walk-outs.  Walk-ins occur when students leave their learning environments during school hours and gather in a group or groups with the purpose of promoting a belief or beliefs.  Walk-outs occur when students leave their learning environments during school hours and gather in a group or groups off district property with the purpose of promoting a belief or beliefs. 

The superintendent is encouraged to obtain feedback from community stakeholders in the development of these procedures.  The goal of the procedures shall be to address student safety, maintain the education environment and promote communication during demonstrations while remaining viewpoint neutral.

Students who violate this policy may be subject to disciplinary measures.  Employees are responsible for insuring students' expression is in keeping with this policy.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

 

Legal Reference:

U.S. Const. amend. I.

Iowa Const. art. I (sec. 7)

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

Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

Bethel School District v. Fraser, 478 U.S. 675 (1986).

New Jersey v. T.L.O., 469 U.S. 325 (1985).

Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).

Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).

Iowa Code §§ 279.8; 280.22

Cross Reference:

102 Equal Educational Opportunity

502 Student Rights and Responsibilities

504 Student Activities

603.9 Academic Freedom

903.5 Distribution of Materials

          

Approved: _September 2019____

Reviewed: July 2021

Revised: _____

 

502.4 STUDENT COMPLAINTS AND GRIEVANCES

Student complaints and grievances regarding board policy or administrative regulations and other matters should be addressed to the student's teacher or another licensed employee, other than the administration, for resolution of the complaint.  It is the goal of the board to resolve student complaints at the lowest organizational level.

 

If the complaint cannot be resolved by a licensed employee, the student may discuss the matter with the principal within 10 days of the employee's decision.  If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within 10 days after speaking with the principal.

 

If the matter is not satisfactorily resolved by the superintendent, the student may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.  The board retains discretion as to whether to consider or take action on any complaint.

 

 

 

 

Legal Reference:         

Iowa Code § 279.8

 

 

Cross Reference:        

210.8   Board Meeting Agenda

215      Public Participation in Board Meetings

 307      Communication Channels

502      Student Rights and Responsibilities

504.3   Student Publications

 

 

Approved January 2007               

Reviewed July 2021       

Revised     January 2022             

502.5 STUDENT LOCKERS

Student lockers are the property of the school district.  Students will use the lockers assigned to them by the school district for storing their school materials and personal belongings necessary for attendance at school.  It is the responsibility of students to keep their assigned lockers clean and undamaged.

 

To ensure students are properly maintaining their assigned lockers, the principal of the building may periodically inspect all or a random selection of lockers.  Either students or another individual will be present during the inspection of lockers.  Student lockers may also be searched, at any time and without advance notice, in compliance with board policy regulating search and seizure.

 

 

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 279.8; 280.14; 808A

 

 

Cross Reference:        

502      Student Rights and Responsibilities

 

 

Approved  January 2007                    

Reviewed July 2021           

Revised                     

 

502.6 WEAPONS

The board believes weapons, other dangerous objects and look-a-likes in school district facilities cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees and visitors on the school district premises or property within the jurisdiction of the school district.

 

School district facilities are not an appropriate place for weapons, dangerous objects and look-a-likes.  Weapons and other dangerous objects and look-a-likes will be taken from students and others who bring them onto the school district property or onto property within the jurisdiction of the school district or from students who are within the control of the school district.

 

Parents of students found to possess weapons, dangerous objects or look-a-likes on school property are notified of the incident.  Possession or confiscation of weapons or dangerous objects will be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion.

 

Students bringing firearms to school or knowingly possessing firearms at school will be expelled for not less than one year.  The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis.  For purposes of this portion of this policy, the term "firearm" includes, but is not limited to, any weapon which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or any explosive, incendiary or poison gas, or otherwise defined by applicable laws.

 

Weapons under the control of law enforcement officials or other individuals speciically authorized by the board are exempt from this policy.  The superintendent may develop an administrative process or procedure to implement the policy.

 

 

 

 

 

 

 

 

Legal Reference:         

No Child Left Behind, Title IV, Sec. 4141, P.L. 107-110 (2002).

Improving America's Schools Act of 1994, P.L. 103-382.

18 U.S.C. § 921 (2012).

McClain v. Lafayette County Bd. of Education, 673 F.2d 106 (5th Cir. 1982).

Iowa Code §§ 279.8; 280.21B; 724

281 I.A.C. 12.3(6)

 

Cross Reference:        

502      Student Rights and Responsibilities

503      Student Discipline

507      Student Health and Well-Being

 

Approved: January 2007

Reviewed: July 2021

Revised:  March 19, 2018

502.7 SMOKING - DRINKING - DRUGS

The board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of beer, wine, alcohol, tobacco, other controlled substances, or "look alike" substances that appear to be tobacco, beer, wine, alcohol or controlled substances by students while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct will directly affect the good order, efficient management and welfare of the school district.

 

The board believes such illegal, unauthorized or contraband materials generally cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees, or visitors.

 

Violation of this policy by students will result in disciplinary action including suspension or expulsion.  Use, purchase or being in possession of cigarettes, tobacco or tobacco products for those under the age of eighteen, may be reported to the local law enforcement authorities.  Possession, use or being under the influence of beer, wine, alcohol and/or of a controlled substance may also be reported to the local law enforcement authorities.

 

Students who violate the terms of this policy may be required to satisfactorily complete a substance abuse assistance or rehabilitation program approved by the school board.  If such student fails to satisfactorily complete such a program, the student may be subject to discipline including suspension or expulsion.

 

The board believes the substance abuse prevention program will include:

 

  • Age-appropriate, developmentally-based drug and alcohol curriculum for students in grades kindergarten through twelve, which address the legal, social, and health consequences of tobacco, drug and alcohol use and which provide information about effective techniques for resisting peer pressure to use tobacco, drugs or alcohol;
  • A statement to students that the use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful;
  • Standards of conduct for students that clearly prohibit, at a minimum, the unlawful possession, use, being under the influence of or distribution of illicit drugs and alcohol by students on school premises or as part of any of its activities;
  • A clear statement that disciplinary sanctions, up to and including suspension or expulsion and referral for prosecution, will be imposed on students who violate the policy and a description of those sanctions;
  • A statement that students may be required to successfully complete an appropriate rehabilitation program;
  • Information about drug and alcohol counseling and rehabilitation and re-entry programs available to students;
  • A requirement that parents and students be given a copy of the standards of conduct and the statement of disciplinary sanctions required; and
  • Notification to parents and students that compliance with the standards of conduct is mandatory.

 

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

 

 

 

 

 

Legal Reference:         

34 C.F.R. Pt. 86 (2012).

Iowa Code §§ 123.46; 124; 279.8, .9; 453A

281 I.A.C. 12.3(9); .5(3)(e), .5(4)(e), .5(5)(e), .5(21).

 

 

Cross Reference:        

502      Student Rights and Responsibilities

503      Student Discipline

507      Student Health and Well-Being

 

 

Approved January 2007               

Reviewed July 2021    

Revised    

502.8 SEARCH AND SEIZURE

School district property is held in public trust by the board.  School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and articulable suspicion that a school district policy, rule, regulation or law has been violated.  The search is in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities.  The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, will not create a protected student area and will not give rise to an expectation of privacy with respect to the locker, desk, or other facility.

 

School authorities may seize any illegal, unauthorized or contraband materials discovered in the search.  Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco/nicotine, weapons, explosives, poisons and stolen property.  Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.  Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials.  The board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.

 

It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.

 

 

 

 

 

 

 

 

 

Legal Reference:         

U.S. Const. amend. IV.

New Jersey v. T.L.O., 469 U.S. 325 (1985).

Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987).

Iowa Code ch. 808A

281 I.A.C. 12.3(8).

 

 

Cross Reference:        

502      Student Rights and Responsibilities

503      Student Discipline

 

 

Approved January 2007               

Reviewed July 2021    

Revised       January 2021           

502.8E1 SEARCH AND SEIZURE CHECKLIST

SEARCH AND SEIZURE CHECKLIST

 

 

I.      What factors caused you to have a reasonable and articulable suspicion that the search of this student or the student's effects or automobile would turn up evidence that the student has violated or is violating the law, school policy, rules or regulations affecting school order?

 

A.

Eyewitness account.

 

 

 

 

 

 

1.

By whom:

 

 

2.

Date/Time:

 

 

3.

Place:

 

 

4.

What was seen:

 

 

 

 

 

 

 

 

 

B.

Information from a reliable source.

 

 

 

 

 

 

1.

From whom:

 

 

2.

Time received:

 

 

3.

How information was received:

 

 

4.

Who received the information:

 

 

5.

Describe information: 

 

 

 

 

 

 

 

 

 

C.

Suspicious behavior?  Explain.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

D.

Student's past history?  Explain.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E.

Time of search:

 

 

 

 

 

 

F.

Location of search:

 

 

 

 

 

 

G.

Student told purpose of search:

 

 

 

 

 

 

H.

Consent of student requested:

 

 

 

 

 

 

 

 

II.

Was the search you conducted reasonable in terms of scope and intrusiveness?

 

 

 

 

 

 

 

 

A.

What were you searching for:

 

 

 

 

 

 

 

 

 

B.

Where did you search?

 

 

 

 

 

 

 

 

 

 

C.

Sex of the student:

 

 

 

 

 

 

 

 

 

 

D.

Age of the student:

 

 

 

 

 

 

 

 

 

 

E.

Exigency of the situation:

 

 

 

 

 

 

 

 

 

F.

What type of search was being conducted:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

G.

Who conducted the search:

 

 

 

 

Position:

 

Sex:

 

 

 

 

 

 

 

 

H.

Witness(s):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

III.

Explanation of Search.

 

 

 

 

 

 

 

 

 

 

A.

Describe the time and location of the search:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B.

Describe exactly what was searched:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C.

What did the search yield:

 

 

 

 

 

 

 

 

 

D.

What was seized:

 

 

 

 

 

 

 

 

 

 

E.

Were any materials turned over to law enforcement officials?

 

 

 

 

 

 

 

 

 

 

 

 

 

F.

Were parents notified of the search including the reason for it and the scope:

 

 

 

UPLOAD FORM

502.8R1 SEARCH AND SEIZURE REGULATION

I.      Searches, in general.

 

        A.      Reasonable and Articulable Suspicion:  A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or school district policy, rules, or regulations affecting school order.

 

                  Reasonable suspicion may be formed by considering factors such as the following:

 

                  (1)     eyewitness observations by employees;

                  (2)     information received from reliable sources;

                  (3)     suspicious behavior by the student; or,

                  (4)     the student's past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.

 

        B.       Reasonable Scope:  A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search.  Reasonableness of scope or intrusiveness may be determined based on factors such as the following:

 

                  (1)     the age of the student;

                  (2)     the sex of the student;

                  (3)     the nature of the infraction; and

                  (4)     the emergency requiring the search without delay.

 

II.     Types of Searches

 

   A.      Personal Searches

 

                  1.       A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated school district policies, rules, regulations or the law affecting school order.

 

                  2.       Personally intrusive searches will require more compelling circumstances to be considered reasonable.

 

                            (a)    Pat-Down Search:  If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.

 

(b)   A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees, or visitors are threatened.  Such a search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.

B.     Locker and Desk Inspections 

 

Although school lockers and desks are temporarily assigned to individual students, they remain the property of the school district at all times.  The school district has a reasonable and valid interest in insuring the lockers and desks are properly maintained.  For this reason, lockers and desks are subject to unannounced inspections and students have no legitimate expectations of privacy in the locker or desk.  Periodic inspections of all or a random selection of lockers or desks may be conducted by school officials in the presence of the student or another individual.  Any contraband discovered during such searches will be confiscated by school officials and may be turned over to law enforcement officials.

 

The contents of a student's locker or desk (coat, backpack, purse, etc.) may be searched when a school official has reasonable and articulable suspicion that the contents contains illegal or contraband items or evidence of a violation of law or school policy or rule.  Such searches should be conducted in the presence of another adult witness when feasible.

 

        C.       Automobile Searches

 

Students are permitted to park on school premises as a matter of privilege, not of right.  The school retains authority to conduct routine patrols of the student parking lots.  The interior of a student's automobile on the school premises may be searched if the school official has reasonable and articulable suspicion to believe that illegal, unauthorized or contraband items are contained inside.

502.9 INTERVIEWS OF STUDENTS BY OUTSIDE AGENCIES

Generally, students may not be interviewed during the school day by persons other than parents and school district officials and employees.

 

Requests from law enforcement officers and from persons other than parents, school district officials, and employees to interview students are made through the principal's office.  Upon receiving a request, it is the responsibility of the principal to determine whether the request will be granted.  Generally, prior to granting a request, the principal will attempt to contact the parents to inform them of the request and to ask them to be present.

 

If a child abuse investigator wishes to interview a student, the principal will defer to the investigator's judgment as to whether the student should be interviewed independently from the student's parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.

 

Students will not be taken from school without the consent of the principal and without proper warrant.

 

 

 

 

Legal Reference:        

Iowa Code §§ 232; 280.17

281 I.A.C. 102.

441 I.A.C. 9.2; 155; 175.

1980 Op. Att'y Gen. 275.

 

 

Cross Reference:        

402.2   Child Abuse Reporting

502.8   Search and Seizure

503      Student Discipline

902.2   Students and the News Media

 

 

Approved January 2007               

Reviewed July 2021       

Revised                   

502.10 USE OF MOTOR VEHICLES

The board recognizes the convenience to families and students of having students drive to and park at their school attendance center.  Driving a motor vehicle to and parking it at the student's attendance center is a privilege.

 

Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center.  Students may not loiter around or be in their vehicle during the school day without permission from the principal.  Students shall leave their attendance center when there is no longer a legitimate reason for them to be at their attendance center.  Students who drive shall enter and leave the parking lot by the routes designated by the principal. 

 

Students who live within one mile of school, and would not otherwise be eligible for a student driving permit, may be eligible for a student driving permit, for driving to and from school and school activities and practices, if the student has completed all drivers education requirements.

 

Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the building principal.  Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action including suspension and expulsion.

 

 

 

 

Legal Reference:         

Iowa Code §§ 279.8; 321

 

 

Cross Reference:        

502      Student Rights and Responsibilities

                                   

 

 

Approved January 2007                     

Reviewed July 2021             

Revised                   

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

 

 

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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

 

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