104 ANTI-BULLYING/ANTI-HARASMENT POLICY

The Morning Sun Community 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. Bullying and/or harassment of or by students, staff, and volunteers is against federal, state, and local policy and is not tolerated by the board. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed.

 

Bullying and/or harassment of or by students, employees, and volunteers is against federal, state, and local policy and is not tolerated by the board.

 

Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school-sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.

 

Complaints may be filed with the superintendent or superintendent's designee pursuant to the regulation accompanying this policy.  The superintendent is responsible for implementation of this policy and all accompanying procedures.  Complaints will be investigated within a reasonable time frame.  Within 24 hours of receiving a report that a student may have been the victim of conduct that constitutes bullying and/or harassment, the district will notify the parent or guardian of the student.

 

If as a result of viewing surveillance system data or based on a report from a school district employee, the district determines that a student has suffered bullying or harassment by another student enrolled in the district; a parent or guardian of the student may enroll the student in another attendance center within the district that offers classes at the student’s grade level, subject to the requirements and limitations established in Iowa law related to this topic.

 

A school employee,  volunteer, or student, or a student's parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall b e immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

 

Retaliation Prohibited

 

Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.

Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.  Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment.  Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and exclusion from school grounds.

 

Definitions

 

For the purposes of this policy, the defined words shall have the following meaning: 

  • “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
  • “Harassment” and “bullying” shall mean any electronic, written, verbal, or physical act or conduct toward a student based on the individual’s 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 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 substantial detrimental effect on the student’s physical or mental health.
    • Has the effect of substantially interfering with a student’s academic performance.
    • 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.
  • “Trait or characteristic of the student” includes but is 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.
  • “Volunteer” means an individual who has regular, significant contact with students.

 

Publication of Policy

 

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

 

 

 

Legal References:      20 U.S.C. §§ 1221-1234i.

                                    29 U.S.C. § 794.

                                    42 U.S.C. §§ 2000d-2000d-7.

                                 42 U.S.C. §§ 12101 2et. seq.

                                    Iowa Code §§ 216.9; 280.3, 28; 280.3.             

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

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

 

 

 

Cross References:      102         Equal Educational Opportunity

                                    502         Student Rights and Responsibilities

                                    503         Student Discipline

                                   506         Student Records

 

 

 

Approved:      10/09/07                     

Reviewed:      10/14/09; 10/8/14; 11/26/2019                                                  

Revised:         08/13/07; 9/17/15; 7/11/23

104 E1 ANTI-BULLYING/HARRASSMENT COMPLAINT FORM

Code No. 104.E1

 

COMPLAINT FORM

(Discrimination, Anti-Bullying, and Anti-Harassment)

 

Date of complaint:

 

_____________________________________________________

Name of Complainant:

 

_____________________________________________________

Are you filling out this form for yourself or

someone else (please identify the individual

if you are submitting on behalf of someone

else):

 

_____________________________________________________

 

_____________________________________________________

Who or what entity do you believe discriminated against, harassed, or bullied you

(or someone else)?

 

_____________________________________________________

Date and place of alleged incident(s):

_____________________________________________________

 

_____________________________________________________

 

 

Names of any witnesses (if any):

 

_____________________________________________________

 

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

 

 

 

In the space below, please describe what happened and why you believe that you or someone else has been discriminated against, harassed, or bullied. Please be as specific as possible and attach additional pages if necessary.

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

Signature: _____________________________________      Date:  __________________________

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

104 E2 ANTI-BULLYING/HARRASSMENT WITNESS DISCLOSURE FORM

Code No. 104.E2

 

WITNESS DISCLOSURE FORM

 

 

Name of Witness:

 

_____________________________________________________

 

Date of interview:

 

_____________________________________________________

Date of initial complaint:

 

_____________________________________________________

Name of Complainant (include whether the Complainant is a student or employee): 

_____________________________________________________

 

_____________________________________________________

 

 

Date and place of alleged incident(s):

_____________________________________________________

 

_____________________________________________________

 

_____________________________________________________

 

 

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

 

 

 

 

Description of incident witnessed: _________________________________________________________

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Additional information: _________________________________________________________________

__________________________________________________________________________________________________________________________________________________________________________

 

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

Signature: _____________________________________      Date:  __________________________

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

104 E3 ANTI-BULLYING/HARRASSMENT DISPOSITION OF COMPLAINT FORM

Code No. 104.E3

 

DISPOSITION 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:  __________________________

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

104 R1 ANTI-BULLYING/ANTI-HARASSMENT INVESTIGATION PROCEDURES

Filing a Complaint

 

A Complainant who wishes to avail himself/herself of this procedure may do so by filing a complaint with the superintendent or superintendent’s designee. If the complainant is a school employee, after filing the complaint with the superintendent or superintendent’s designee, the employee may separately notify the parent or guardian of the student alleged to have been harassed or bullied.

 

An alternate will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 10 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed.

 

Investigation

 

The school district will promptly and reasonably investigate allegations of bullying or harassment. The Superintendent (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment.

 

The investigation may include, but is not limited to the following:

  • A request for the Complainant to provide a written statement regarding the nature of the complaint;
  • A request for the individual named in the complaint (hereinafter “Respondent”) to provide a written statement;
  • A request for witnesses identified during the course of the investigation to provide a written statement; and
  • Review and collection of documentation or information deemed relevant to the investigation.

 

The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment. Upon completion of the investigation, the Investigator shall issue a report with respect to the findings and provide a copy of the report to the appropriate building principal or Superintendent if the investigation involved the building principal.

 

The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy.  Similarly, evidence uncovered in the investigation shall be kept confidential to the extent reasonably possible.

 

Decision

 

The investigator, building principal, or superintendent, depending on he individuals involved, shall inform the Complainant and the accused about the outcome of the investigation.  If, after an investigation, a student is found to be in violation of the policy, the student shall be disciplined by appropriate measures, which may include 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, which may include 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, which may include exclusion from school grounds.

 

Individuals who knowingly file false bullying and/or harassment complaints and any person who gives false statements in an investigation may 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.