503 - Student Discipline
503 - Student Discipline dawn@iowaschoo… Thu, 09/17/2020 - 14:52503.1 - Student Conduct
503.1 - Student ConductThe board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises. Appropriate classroom behavior allows teachers to communicate more effectively with students.
Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others 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 misconduct will directly affect the good order, efficient management and welfare of the school district. Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.
Students who fail to abide by this policy and the administrative regulations supporting it may be disciplined for conduct which disrupts or interferes with the education program; conduct which disrupts the orderly and efficient operation of the school district or school activity; conduct which disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; or conduct which interrupts the maintenance of a disciplined atmosphere. Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.
Discipline will be administered depending on the severity and frequency of the acts of misconduct. The imposition of discipline will be within the discretion of the individual responsible for imposing the discipline. In instances where there has been a violation of the law, as well as school rules, appropriate law enforcement officials will be contacted and may become involved in the district’s administration of discipline. The school reserves the right to seek restitution from the parents/guardians of a student or the student for damage caused by the student.
Students may be disciplined for conduct that violates commonly held notions of unacceptable, immoral or inappropriate behavior that includes, but is not limited to, the following:
- Open and/or persistent defiance of authority, school rules, and regulations (including extracurricular rules);
- Assault or threatened assault on another person;
- Extortion, intimidation or coercion;
- Inciting others to violate the law or school rules;
- Vandalism;
- Gambling;
- Theft or possession of stolen goods/property;
- Sale, manufacture or distribution of illegal drugs, controlled substances, imitation controlled substances or drug paraphernalia;
- Possession, use or being under the influence of illegal drugs, controlled substances, imitation controlled substances or drug paraphernalia.
- Possession, use or threatening to use any instrument that is generally considered a weapon, an instrument that is normally not considered a weapon as a weapon, an imitation weapon or an explosive;
- Possession, use or being under the influence of alcoholic beverages;
- Use, possession, and/or transmission of tobacco or imitation substances;
- Profanity;
- Possession of pornographic/obscene literature, items or materials;
- Student dress which is suggestive, condones illegal activity or in some way disrupts the educational process;
- Failure to abide by corrective measures for previous acts of misconduct;
- Harassment in any form of another person;
- Conduct which discriminates against others based upon an individual's sex, race, national origin, religion or disability;
- Destruction, damage, unauthorized use, inappropriate use, and/or manipulation of hardware, software or any aspect or component of the school's electronic information system including the internet; or
- Inappropriate sexual conduct including harassment, indecent exposure, and visible display of affection.
A student who commits an assault against an employee on school district property or on property within the jurisdiction of the school district; while on school-owned or school-operated chartered vehicles; while attending or engaged in school district activities will be suspended by the principal. Notice of the suspension is sent to the board president. The board will review the suspension to determine whether to impose further sanctions against the student which may include expulsion. Assault for purposes of this section of this policy is defined as:
- an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or
- any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or
- intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.
The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace.
The school district may impose a range of disciplinary measures for acts of misconduct. Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion. Discipline will be administered depending on the severity and frequency of the acts of misconduct. The imposition of discipline will be within the discretion of the individual responsible for imposing the discipline. In instances where there has been a violation of the law, as well as school rules, appropriate law enforcement officials will be contacted and may become involved in the school district's administration of discipline. The school reserves the right to seek restitution from the parents/guardians of a student or the student for damage caused by the student. The school district shall insure due process for the students and parents.
A restriction from school activities means a student will attend school, classes, and practice, but will not participate in other school activities.
Removal from the classroom means a student is sent to the building principal’s office. It shall be within the discretion of the person in charge of the classroom to remove the student.
Detention means the student’s presence is required during non-school hours for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day, or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee disciplining the student or the building principal.
Suspension means; either an in-school suspension, an out-of-school suspension, a restriction from activities or loss of eligibility. An in-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An in-school suspension will not exceed ten consecutive school days. An out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension will not exceed ten days. A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.
Probation means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded. The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty. Failure of the student to meet these conditions and terms will result in immediate reinstatement of the penalty.
Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.
Discipline of special education students, including suspensions and expulsions, will comply with the provisions of applicable federal and state laws. Following the suspension of a special education student, an informal evaluation of the student’s placement will take place. The Individual Education Program (IEP) is evaluated to determine whether it needs to be changed or modified in response to the behavior that led to the suspension..
If a special education student’s suspensions, either in or out of school, equal ten days on a cumulative basis, a staffing team will meet to determine whether the IEP is appropriate.
Approved August 27, 2018
Reviewed September 12, 2022
Revised August 27, 2018
503.2 - Student Suspension
503.2 - Student SuspensionAdministrative Action
A. Probation
- Probation is conditional suspension of a penalty for a set period of time. Probation may be imposed by the principal for infractions of school rules which do not warrant the necessity of removal from school.
- The principal will conduct an investigation of the allegations against the student prior to imposition of probation. The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond. Written notice and reasons for the probation will be sent to the parents.
B. In-School Suspension
- In-school suspension is the temporary isolation of a student from one or more classes while under administrative supervision. In-school suspensions may be imposed by the principal for infractions of school rules which are serious but which do not warrant the necessity of removal from school.
- The principal will conduct an investigation of the allegations against the student prior to imposition of an in-school suspension. The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond. In-school suspension will not be imposed for more than ten school days. Written notice and reasons for the in-school suspension will be sent to the student’s parents.
C. Out-of-School Suspension
- Out-of-school suspension is the removal of a student from the school environment for periods of short duration. Out-of-school suspension is to be used when other available school resources are unable to constructively remedy student misconduct.
- A student may be suspended out of school for up to ten school days by a principal for a commission of gross or repeated infractions of school rules, regulations, policy or the law, or when the presence of the student will cause interference with the maintenance of the educational environment or the operation of the school. The principal may suspend students after conducting an investigation of the charges against the student, giving the student:
a. Oral or written notice of the allegations against the student and
b. The opportunity to respond to those charges.
At the principal’s discretion, the student may be allowed to confront witnesses against the student or present witnesses on behalf of the student.
- Notice of the out-of-school suspension will be mailed no later than the end of the school day following the suspension to the student’s parents and the superintendent. A reasonable effort is made to personally notify the student’s parents and such effort is documented by the person making or attempting to make the contact. Written notice to the parents will include the circumstances which led to the suspension and a copy of the board policy and rules pertaining to the suspension.
D. Suspensions and Special Education Students
- Students who have been identified as special education students may be referred for a review of the student’s Individual Education Program (IEP). The IEP may be revised to include a continuum of intervention strategies and programming to change the behavior.
- Students who have not been identified as special education students may be referred for evaluation after the student’s suspension to determine whether the student has a disability and is in need of special education.
Approved August 27, 2018
Reviewed September 12, 2022
Revised August 27, 2018
503.3 - Student Expulsion
503.3 - Student ExpulsionOnly the board may remove a student from the school environment. The removal of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.
Students may be expelled for violations of board policy, school rules or the law. It is within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.
It is within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student and to readmit the student. The principal will keep records of expulsions in addition to the board’s records.
When a student is recommended for expulsion by the board, the student is provided with:
- Notice of the reasons for the proposed expulsion written with sufficient specificity to enable the student to prepare a defense;
- Notice of the date, time, and place of the expulsion hearing sufficiently in advance of the hearing to enable the student to obtain the assistance of counsel and to prepare a defense;
- Notice that the student is entitled to a closed hearing unless an open hearing is specifically requested;
- The names of the witnesses1 and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the Superintendent;
- An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student’s behalf;
- The right to be represented by counsel; and,
- The results and finding of the board in writing open to the student’s inspection
At the hearing, the student will have all of the rights given in the notice and may give an opening and closing statement in addition to calling witnesses and cross-examining adverse witnesses. The Board hearing the expulsion matter must be impartial (i.e. have no prior involvement in the situation, have no stake in the outcome, and have no personal bias or prejudice).
After the Board has heard the expulsion matter, it shall go into deliberations. No one who advocated a position at the hearing of the matter should be present during the Board’s deliberations unless the other party or parties are also permitted to attend deliberations. The student has a right to a decision based solely on the evidence presented at hearing. There must be an adequate factual basis for the Board’s decision. A preponderance of the evidence standard is sufficient to find the student violated the rule or policy at issue. Following the Board’s deliberations, the Board shall reconvene in open session and render its decision on the superintendent’ recommendation for expulsion. The student is entitled to a written decision setting out the Board’s findings and conclusions as to the charges and the penalty.
In addition to these procedures, a special education student must be provided with additional procedures. A determination should be made of whether the student is actually guilty of the misconduct. A staffing team should determine whether the student’s behavior is caused by the student’s disability and whether the conduct is the result of inappropriate placement. Discussions and conclusions of this meeting should be recorded.
If the special education student’s conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district’s expulsion hearing procedures. If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.
[1] In some cases, information concerning a student's violation of the Code of Conduct will be gained from students who the district may want to remain anonymous. The district believes that it is critically important, in certain circumstances, to protect the anonymity of students who report serious violations of the Code of Conduct to insure that violations are reported and those who report them will not be subjected to ostracism and physical reprisals. If an expulsion is based upon evidence obtained from a student who the district believes needs to remain anonymous because they may be subjected to ostracism or physical reprisals, the administration shall undertake reasonable efforts to determine the veracity of the student's report and the student's credibility.
Approved August 27, 2018
Reviewed September 12, 2022
Revised August 27, 2018
503.4 - Good Conduct Rule
503.4 - Good Conduct RuleParticipation in school activities is a privilege. School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.
Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school. Students who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities which are illegal, immoral or unhealthy.
Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures. The principal will keep records of violations of the good conduct rule.
It is the responsibility of the superintendent to develop rules and regulations for school activities. Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.
Approved August 27, 2018
Reviewed September 12, 2022
Revised August 27, 2018
503.5 - Anti-Bullying/Harassment Policy
503.5 - Anti-Bullying/Harassment PolicyHarassment and bullying of students are against federal, state and local policy, and are not tolerated by the board. The board is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. To that end, the board has in place policies, procedures, and practices that are designed to reduce and eliminate bullying and harassment as well as processes and procedures to deal with incidents of bullying and harassment. Bullying and harassment of students by other students, school employees, and volunteers who have direct contact with students will not be tolerated in the school or school district.
The board prohibits harassment, bullying, hazing, or any other victimization, of students, based on any of the following actual or perceived traits or characteristics, including but not limited to, age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
This policy is in effect while students are on property within the jurisdiction of the board; while on school-owned or school-operated vehicles; while attending or engaged in school-sponsored activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school or school district.
If, after an investigation, a student is found to be in violation of this policy, the student shall be disciplined by appropriate measures up to, and including, suspension and expulsion. If after an investigation, a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures up to, and including, termination. If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures up to, and including, exclusion from school grounds. “Volunteer” means an individual who has regular, significant contact with students.
When looking at the totality of the circumstances, harassment and bullying mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived protected 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.
Harassment and bullying may include, but are not limited to, the following behaviors and circumstances which create an objectively hostile school environment:
- Verbal, nonverbal, physical or written harassment, bullying, hazing, or other victimization that have the purpose or effect of causing substantial injury, discomfort, fear, or suffering to the victim;
- Repeated remarks of a demeaning nature that have the purpose or effect of causing substantial 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 substantial 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 substantial injury, discomfort, fear, or suffering to the victim; and/or
- Unreasonable interference with a student's performance or creation of an objectively intimidating, offensive, or hostile learning environment.
Sexual harassment of a student by an employee 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.
Any person who promptly, reasonably, and in good faith reports an incident of bullying or harassment under this policy to a school official, shall be immune from civil or criminal liability relating to such report and to the person’s participation in any administrative, judicial, or other proceeding relating to the report. Individuals who knowingly file a false complaint may be subject to appropriate disciplinary action.
Retaliation against any person, because the person has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding, is also prohibited. Individuals who knowingly file false harassment complaints and any person who gives false statements in an investigation shall be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds.
The school or school district will promptly and reasonably investigate allegations of bullying or harassment. The building counselor, or designee will be responsible for handling all complaints by students alleging bullying or harassment. The board secretary or designee will be responsible for handling all complaints by employees alleging bullying or harassment.
It also is the responsibility of the superintendent, in conjunction with the investigator and principals, to develop procedures regarding this policy. The superintendent also is responsible for organizing training programs for students, school officials, faculty, staff, and volunteers who have direct contact with students. The training will include how to recognize harassment and what to do in case a student is harassed. It will also include proven effective harassment prevention strategies.
The superintendent will also develop a process for evaluating the effectiveness of the policy in reducing bullying and harassment. The superintendent shall report to the board on the progress of reducing bullying and harassment.
The board will annually publish this policy. The policy may be publicized by the following means:
- Inclusion in the student handbook,
- Inclusion in the employee handbook
- Inclusion in the registration materials
- Inclusion on the school or school district’s web site,
- Publication in the district newspaper, and
- A copy shall be made to any person at the Red Oak Community School District Central Office, 604 S Broadway, Red Oak, IA 51566.
Approved August 27, 2018
Reviewed September 12, 2022
Revised August 27, 2018
503.5R1 - Anti-Bullying/Harassment Investigation Procedures
503.5R1 - Anti-Bullying/Harassment Investigation ProceduresI. General Procedures
Students who feel that they have been bullied or harassed should:
- 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.
- 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:
- 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.
- 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.
503.5E1 - Anti-Bullying/Harassment Complaint Form
503.5E1 - Anti-Bullying/Harassment Complaint FormName of Complainant:
_________________________________________________________________________________________________________
Position of complainant: _____________________________________________________________________________________
Date of complaint: __________________________________________________________________________________________
Name of alleged harasser or bully: _____________________________________________________________________________
Date and place of incident or incidents: _________________________________________________________________________
_________________________________________________________________________________________________________
Description of incident or incidents: ____________________________________________________________________________
_________________________________________________________________________________________________________
Name of witnesses (if any): __________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Evidence of harassment or bullying, i.e. letters, photos, etc (attach evidence if possible):
_________________________________________________________________________________________________________
Any other information: ______________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
I agree all of the information on this form is accurate and true to the best of my knowledge.
Signature: ______________________________________________________________
Date: __________________________________________________________________
503.5E2 - Anti-Bullying/Harassment Witness Form
503.5E2 - Anti-Bullying/Harassment Witness FormName of witness: _________________________________________________________________________________
Position of witness: _______________________________________________________________________________
Date of testimony, interview: ________________________________________________________________________
Description of incident witnessed: ____________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
Any other information: _____________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _______________________________________________________
Date: ___________________________________________________________
503.5E3-Disposition of Complaint Form
503.5E3-Disposition of Complaint FormDISPOSITION OF COMPLAINT FORM
Date:_____________________________________________________
Date of initial complaint:_____________________________________________________
Name of Complainant (include whether the Complainant is a student or employee):
________________________________________________________________________________________
Date and place of alleged incident(s):
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Name of Respondent (include whether the Respondent is a student or employee):
________________________________________________________________________________________
Nature of discrimination, harassment, or bullying alleged (check all that apply):
Age | Physical Attribute | Sex | |||
Disability | Physical/Mental Ability | Sexual Orientation | |||
Familial Status | Political Belief | Socio-Economic Background | |||
Gender Identity | Political Party Preference | Other-Please Specify | |||
Marital Status | Race/Color | ||||
National Origin/Ethnic Background/Ancestry | Religion/Creed |
|
Summary of Investigation: ___________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.Signature:
_____________________________________Date: __________________________
503.6 - Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence
503.6 - Discipline of Students Who Make Threats of Violence or Cause Incidents of ViolenceDiscipline is designed to promote behavior that will enable students to learn and successfully participate in their educational and social environments. The district discipline policy for students who make a threat of violence or commit an act of violence is developed to help students understand their obligations to others in the school setting, secure the safety of all students, staff, and the community, and to correct student behavior if a violation occurs (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 1).
Students will conduct themselves in a manner fitting their age, grade level, and maturity, and with respect and consideration for the rights of others 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 misconduct will directly affect the good order, efficient management and welfare of the school district. Consequences for the misconduct will be fair and tailored to the age, grade level and maturity of the student.
Discipline and other responses to threats or incidents of violence by a student with a disability, including removal from a class, placement in a therapeutic classroom, suspensions, and expulsions, will comply with the provisions of applicable federal and state laws including, but not limited to, the IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 3)
Reporting a Threat of Violence or Incidence of Violence
In the case of any threat of violence or incident of violence that results in injury, property damage or assault by a student, the teacher will report to the school principal or lead administrator within 24 hours of the incident. The principal or lead administrator will notify the parent or guardian of the student(s) who threatened or perpetrated an act of violence and the student(s) who the threatened or perpetrated act of violence was made against within 24 hours after receipt of the teacher’s report and complete an investigation of the incident as soon as possible. The classroom teacher may also notify the parent or guardian of the student who made the threat or caused the incident, and the parent or guardian of the student against whom the threat or incident was directed (2023 Iowa Acts, chapter 96 (House File 604), sec. 4).
An investigation will be initiated by the principal or lead administrator upon learning of an incident of violence or threat of violence through any credible means. If the principal or lead administrator finds that an incident of violence or threat of violence did occur, the administrator will determine the level of threat or incident by considering all aspects of the situation, including the student's intent and knowledge of the impact of their actions, their developmental level and context of the incident. The resolution will focus on identifying the cause behind the behavior and appropriate corrective action (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsections 1 and 4).
A student who makes a threat of violence, causes an incident of violence that results in injury or property damage, or who commits an assault, will be subject to escalating levels of discipline for each occurrence. When appropriate, referrals will be made to local law enforcement. The district retains the authority to assign the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 5).
Threats of Violence
Threat of violence means a written, verbal, electronic or behavioral message that either explicitly or implicitly expresses an intention to inflict emotional or physical injury, property damage, or assault.
Incident of Violence
Incident of violence means the intentional use of physical force or power against oneself, another person, a group or community or property resulting in injury, property damage or assault.
Injury
Injury means “physical pain, illness or any impairment of physical condition.” State v. McKee, 312 N.W.2d 907, 913 (Iowa 1981).
Property Damage
Property damage means any destruction, damage, impairment, or alteration of property to which the individual does not have a right to take such an action. Property means real property, which includes any real estate, building, or fixture attached to a building or structure, and personal property, which includes intangible property (Iowa Code section 4.1(21)).
Assault
Assault means when, without justification, a student does any of the following:
an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.
The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace (Following Iowa Code section 708.1).
Approved: November 29, 2023
Reviewed: October 18, 2023
Revised:
503.6R1 - Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence Regulation
503.6R1 - Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence RegulationLevels of Behavior
The following levels are used to determine the district’s response to violent misconduct. Levels will be assigned based on the discretion of administrators. Administrators will consider the age level and maturity of students in determining the level of an offense and assigning appropriate consequences. Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.
Level 1—Behaviors that jeopardize the physical safety or emotional well-being of others; behaviors that may lead to property damage (e.g., rough play, spontaneous aggressive behaviors such as pushing and shoving, antagonism, verbal threats, fighting words, etc.)
Level 2—Aggressive behaviors that involve the intentional use of force or intimidation; behaviors that include vandalism or the destruction of property valued at less than $50; bringing a dangerous object to school; repeated or significant incidents of Level 1 infractions (e.g., simple assault/fighting/physical altercations, disorderly conduct, verbal abuse, substantial or severe threats, coercion, etc.)
Level 3—Aggressive behaviors involving extreme violence and/or the intentional use of force to inflict serious bodily harm or injury; behaviors that place others in substantial risk or significant fear; vandalism or destruction of property valued over $50; repeated or significant incidents of Level 2 infractions (e.g., serious or aggravated assault, possession or use of a weapon, menacing with a dangerous object, premeditated threats of violence, extortion, etc.)
Escalating Responses by Grade Band
Grades PK-2
Level |
Escalating Response |
Level 1
|
|
Level 2
|
|
Level 3
|
|
Grades 3-5
Level |
Escalating Response |
Level 1 |
|
Level 2 |
|
Level 3 |
|
Grades 6-8
Level |
Escalating Response |
Level 1 |
|
Level 2 |
|
Level 3 |
|
Grades 9-12
Level |
Escalating Response |
Level 1 |
|
Level 2 |
|
Level 3 |
|
Definitions
Detention means the student's presence is required during non-school hours (or during lunch or recess) for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee or the building principal disciplining the student.
Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board. In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An in-school suspension will not exceed ten consecutive school days.
Out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension will not exceed ten consecutive school days unless due process is provided as required by federal and state law. A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.
Placement in an alternate learning environment means placement of a student in an environment established apart from the regular educational program that includes rules, staff and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning goals and content standards established by the school district.
Removal from the classroom means a student is sent to the building principal's office. It is within the discretion of the person in charge of the classroom to remove the student.