104 - Student-To-Student Harrassment and Bullying

Policy Title:  Anti-Bullying/Anti-Harassment Policy

Code No. 104

 

The Carroll Community School District is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect.  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 may be 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.  Complaints will be investigated within a reasonable time frame. 

 

Retaliation Prohibited

 

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 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. 

 

Student Bullying and Harassment

 

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 trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:

 

  1. Places the student in reasonable fear of harm to the student’s person or property;
  2. Has a substantially detrimental effect on the student’s physical or mental health;
  3. Has the effect of substantially interfering with the student’s academic performance, or;
  4. 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:

 

1.             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,

2.             Repeated remarks of a demeaning nature that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

3.             Implied or explicit threats concerning one’s grades, achievement, property, etc. that have the purpose or effect of causing injury, discomfort, fear or suffering to the victim;

4.             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

5.             Unreasonable interference with a student’s performance or creating of an intimidating, offensive, or hostile learning environment.

6.            Conduct including but not limited to “sexual harassment” as defined under Code No. 102.R2 (bullying may also include harassment on the basis of sex that does not constitute “sexual harassment” under Code No. 102.R2)

 

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:

 

1.             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,

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

 

This policy is in effect while students or employees 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.

 

A student (or adult on student’s behalf) who believes he/she has suffered bullying and/or harassment will report such matters to a teacher, principal, or counselor. The information will be given to the designated building investigator(s) as outlined in Board policy and procedures.  Complaints alleging acts of intentional physical or sexual abuse by school employees, including inappropriate sexual behavior toward students, should be reported to the Level I Investigator as outlined in Board policy and procedures. Formal complaints and informal reports regarding sex discrimination, including sexual harassment, will be subject to the Title IX grievance process (see the Title IX Grievance Procedure regulation).

 

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.

 

Employee Harassment

 

Harassment of employees means any unwelcome conduct toward an employee which is based on the employee’s membership in a protected class and which creates an objectively hostile work environment.  It can include sexual harassment or other forms of harassment.

 

  1. Sexual Harassment: For purposes of this policy, sexual harassment consists of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal, physical, or written conduct or communication of a sexual nature when:

 

  1. submission to that conduct or communication by an individual is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment;
  2. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment; or
  3. that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creating an intimidating, hostile or offensive employment environment.

 

Examples of conduct that may constitute sexual harassment may include, but are not limited to:

 

  1. unwelcome verbal harassment or abuse, or unwelcome written harassment or abuse, including through the Internet or e-mail;
  2. unwelcome sexual advances or pressure for sexual activity;
  3. unwelcome, sexually motivated or inappropriate patting, pinching, or physical contact, other than necessary restraint of students by teachers, administrators or other school personnel to avoid physical harm to persons or property;
  4. Unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual’s employment status or implied or overt promises of preferential treatment with regard to an individual’s employment status;
  5. unwelcome behavior or words directed at an individual because of gender;
  6. coercing, forcing or attempting to coerce or force the touching of anyone’s intimate parts;
  7. coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another;
  8. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another;
  9. graffiti of a sexually offensive nature;
  10. sexual gestures or jokes; or
  11. spreading rumors about or rating other individuals as to sexual activity or performance.

 

Conduct constituting sexual harassment under this policy may or may not constitute sexual harassment for employee complaints investigated under Code No. 102.R2. All complaints of sexual harassment will be referred to the Title IX Coordinator.

 

  1. Harassment: Other forms of harassment consist of physical, verbal, or written conduct relating to an individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information when the conduct:

 

  1. has the purpose or effect of creating an intimidating, hostile or offensive employment environment;
  2. has the purpose or effect of substantially or unreasonably interfering with an individual’s employment performance; or
  3. otherwise adversely affects an individual’s employment opportunities.

 

Examples of conduct that may constitute harassment based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information include, but are not limited to:

 

  1. threatening or intimidating conduct directed at others because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information, including through the Internet or e-mail;
  2. slurs, negative stereotypes and hostile acts based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information;
  3. graffiti containing offensive language that is derogatory to others because of their age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information;
  4. written or graphic material containing comments or stereotypes which is posted or circulated (including through e-mail or the Internet) and which is aimed at degrading individuals because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information; or
  5. a physical act of aggression or assault upon another because of, or in a manner reasonably related to, the individual’s age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, or genetic information.

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

 

Date of Adoption/Revision:

October 2007

July 2009

July 2012

July 2015

December 2016

October 2018

February 2020

September 2020