503.5R1 - Anti-Bullying/Harassment Investigation Procedures

I.          General Procedures

Students who feel that they have been bullied or harassed should:

1. Communicate to the harasser that the student expects the behavior to stop, if the student is comfortable doing so.  If the student wants assistance communicating with the harasser, the student should ask a teacher, counselor, principal or another appropriate school employee to help.

2. If the harassment does not stop, or the student does not feel comfortable confronting the harasser, the student should:

• tell a teacher, counselor, principal or another appropriate school employee; and
• write down exactly what happened, keep a copy and give another copy to the teacher, counselor, principal or another appropriate school employee including;
  • what, when and where it happened;
  • who was involved;
  • exactly what was said or what the harasser did;
  • witnesses to the harassment;
  • what the student said or did, either at the time or later;
  • how the student felt; and
  • how the harasser responded.

 

II.        Complaint Procedure

A student who believes that the individual has been harassed or bullied will notify the appropriate building principal or designee, who will be the designated Level 1 Investigator.  The alternate investigator shall be a building principal from another building within the district.  The investigator may request that the student complete the Harassment/Bullying Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures.  The complainant shall be given a copy of the completed complaint form.   Information received during the investigation is kept confidential to the extent possible.

The investigator has the authority to initiate an investigation in the absence of a written complaint.

 

III.       Investigation Procedure                                                                                 

The investigator will reasonably and promptly commence the investigation upon receipt of the complaint.  The investigator will interview the complainant and the alleged harasser.  The alleged harasser may file a written statement in response to the complaint.  The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator will make written findings and conclusions as to each allegation of harassment and report the findings and conclusions to the superintendent.  The investigator will provide a copy of the findings of the investigation to the superintendent.

Remember the following points:

• Evidence uncovered in the investigation is confidential;
• Complaints must be taken seriously and investigated;
• No retaliation will be taken against individuals involved in the investigation process; and
• Retaliators will be disciplined up to and including suspension and expulsion.

 

IV.       Conflicts with Investigation

If the Level 1 Investigator is a witness to the incident, the alternate investigator shall investigate.

 

V.        Resolution of the Complaint

Following receipt of the investigator's report, the superintendent may investigate further, if deemed necessary, and make a determination of any appropriate additional steps which may include discipline.

Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent’s discretion, interview the complainant and the alleged harasser.  The superintendent will file a written report closing the case and documenting any disciplinary action taken or any other action taken in response to the complaint.  The complainant, the alleged harasser and the investigator will receive notice as to the conclusion of the investigation.  The superintendent will maintain a log of information necessary to comply with Iowa Department of Education reporting procedures.

 

ANTI-BULLYING/HARASSMENT HANDBOOK PROVISION

 

I.          Initiations, Hazing, Bullying or Harassment

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

Harassment and bullying may include, but are not limited to, the following behaviors and circumstances:

• Verbal, nonverbal, physical or written harassment, bullying, hazing, or other victimization that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;
• Repeated remarks of a demeaning nature that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;
• Implied or explicit threats concerning one's grades, achievements, property, etc. that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;
• Demeaning jokes, stories, or activities directed at the student that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim; and/or
• Unreasonable interference with a student's performance or creation of an intimidating, offensive, or hostile learning environment.

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

• Submission to the conduct is made either implicitly or explicitly a term or condition of the student’s education or benefits;
• Submission to or rejection of the conduct by a school employee is used as the basis for academic decisions affecting that student; or
• The conduct has the purpose or effect of substantially interfering with the student’s academic performance by creating an intimidating, hostile, or offensive education environment.

In situations between students and school officials, faculty, staff, or volunteers who have direct contact with students, bullying and harassment may also include the following behaviors:

• Requiring that a student submit to bullying or harassment by another student, either explicitly or implicitly, as a term or condition of the targeted student’s education or participation in school programs or activities; and/or

• Requiring submission to or rejection of such conduct as a basis for decisions affecting the student.

Harassment and bullying includes any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:

• Places the student in reasonable fear of harm to the student’s person or property;
• Has a substantially detrimental effect on the student’s physical or mental health;
• Has the effect of substantially interfering with the student’s academic performance; or
• Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

“Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means.  “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, electronic text messaging or similar technologies.

 

II.        Procedures

Students who feel that they have been harassed or bullied should:

1. Communicate to the harasser that the individual expects the behavior to stop, if the individual is comfortable doing so.  If the individual wants assistance communicating with the harasser, the individual should ask a teacher, counselor, principal or another appropriate school employee to help.
    
2. If the harassment does not stop, or the individual does not feel comfortable confronting the harasser, the individual should:

• tell a teacher, counselor, principal or another appropriate school employee; and
• write down exactly what happened, keep a copy and give another copy to the teacher, counselor, principal or another appropriate school employee including:
  • what, when and where it happened;
  • who was involved;
  • exactly what was said or what the harasser did;
  • witnesses to the harassment;
  • what the student said or did, either at the time or later;
  • how the student felt; and
  • how the harasser responded.