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502.8 Student-to-Student Harassment and Bullying

STUDENT-TO-STUDENT HARASSMENT AND BULLYING
 
The school district 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 school district 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 when they occur. Bullying and harassment of students by other students, school officials, faculty, staff, and volunteers who have direct contact with students will not be tolerated in the school district. The school district prohibits harassment, bullying, hazing, or any other victimization based on actual or perceived 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 and which creates an objectively hostile school environment.
 
This policy is in effect while students are on property within the jurisdiction of the school district; while on school-owned and/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 district. If after an investigation a student is found to be in violation of this policy, the student shall be disciplined by measures up to and including suspension and expulsion.
 
Harassment as set forth above may include, but is not limited to the following behavior/overt acts and or 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
  • Submission to or rejection of such conduct by a student is used as a basis for decisions affecting the student.

 
Retaliation against a student because the student has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited. Students who knowingly file false harassment complaints or give false statements in an investigation shall be subject to discipline by measures up to and including suspension and expulsion, as shall any student who is found to have retaliated against another in violation of this policy.
 
The district will promptly and reasonably investigate allegations of harassment. The building principal, Level I investigator, or designee will be responsible for handling all complaints by students alleging harassment.
 
It will also be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop procedures regarding this policy.
 
 
Legal References:         20 U.S. C. §§ 1221-1234i (1988)
29 U.S. C. § 794 (1988)
42 U.S. C. §§2000d-2000d-7 (1988)
42 U.S.C. §§12001-et seq. (Supp. 1990)
Iowa Code §216.9,  280.3 (1993)
 
Cross Reference:          502.8    Student to Student Harassment
502       Student Rights and Responsibilities
503       Student Discipline
506       Student Records
 
 
Adopted:  December 12, 1994               
 
Reviewed:  January 20, 2003
September, 2006
December 17, 2012           
 
Revised:   January 17, 2000
October 18, 2004
July 16, 2007
January 22, 2013