Hazing/Harassment/Intimidation/Bullying/Menacing Complaint

Hazing/Harassment/Intimidation/Bullying/Menacing Complaint
South Umpqua
School District 19
Code: JFCF-AR
Adopted: 11/16/09
Orig. Code(s): JFCF/GBNA-AR
Hazing/Harassment/Intimidation/Bullying/Menacing Complaint Procedures
The following definitions and procedures shall be used for reporting, investigating and resolving
complaints of hazing, harassment, intimidation, bullying, cyberbullying and menacing.
Definitions
1.
“Third parties” include, but are not limited to, coaches, school volunteers, parents, school visitors,
service contractors or others engaged in district business, such as employees of businesses or
organizations participating in cooperative work programs with the district and others not directly
subject to district control at interdistrict and intradistrict athletic competitions or other school events.
2.
“District” includes district facilities, district premises and nondistrict property if the student or
employee is at any district-sponsored, district-approved or district-related activity or function, such
as field trips or athletic events where students are under the control of the district or where the
employee is engaged in district business.
3.
“Hazing” includes, but is not limited to, any act that recklessly or intentionally endangers the mental
health, physical health or safety of a student/staff for the purpose of initiation or as a condition or
precondition of attaining membership in, or affiliation with, any district-sponsored/work activity or
grade level attainment, (i.e., personal servitude, sexual stimulation/sexual assault, forced
consumption of any drink, alcoholic beverage, drug or controlled substance, forced exposure to the
elements, forced prolonged exclusion from social contact, sleep deprivation or any other forced
activity that could adversely affect the mental or physical health or safety of a student/staff); requires,
encourages, authorizes or permits another to be subject to wearing or carrying any obscene or
physically burdensome article; assignment of pranks to be performed or other such activities
intended to degrade or humiliate regardless of the person’s willingness to participate.
4.
“Harassment, intimidation or bullying” means any act that substantially interferes with a
student’s/staff’s educational/work benefits, opportunities or performance, that takes place on or
immediately adjacent to school grounds, at any school-sponsored activity, on school-provided
transportation or at any official school bus stop, having the effect of:
a.
b.
c.
Physically harming a student/staff or damaging a student’s/staff’s property;
Knowingly placing a student/staff in reasonable fear of physical harm to the student/staff or
damage to the student’s/staff’s property;
Creating a hostile educational/work environment including interfering with the psychological
well being of a student/staff.
“Harassment” also includes, but is not limited to, any act which subjects an individual or group to
unwanted, abusive behavior of a nonverbal, verbal, written or physical nature on the basis of age,
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race, religion, color, national origin, disability, marital status, sexual orientation, source of income,
familial status.
“Intimidation” also includes, but is not limited to, any threat or act intended to tamper, substantially
damage or interfere with another’s property, cause substantial inconvenience, subject another to
offensive physical contact or inflict serious physical injury on the basis of race, color, religion,
national origin or sexual orientation.
“Cyberbullying” is the use of any electronic communication device to convey a message in any form
(text, image, audio or video) that defames, intimidates, harasses or is otherwise intended to harm,
insult or humiliate another in a deliberate, repeated or hostile and unwanted manner under a person’s
true or false identity. In addition, any communication of this form which substantially disrupts or
prevents a safe and positive educational or working environment may also be considered
cyberbullying. Students and staff will refrain from using personal communication devices or district
property to harass or stalk another.
5.
“Menacing” includes, but is not limited to, any act intended to place a school employee, student or
third party in fear of imminent serious physical injury.
Retaliation/False Charges
Retaliation against any person who reports, is thought to have reported, files a complaint or otherwise
participates in an investigation or inquiry is prohibited. Such retaliation shall be considered a serious
violation of Board policy and independent of whether a complaint is substantiated. False charges shall also
be regarded as a serious offense and will result in disciplinary action or other appropriate sanctions.
Complaint Procedures
Principals and the superintendent have responsibility for investigations concerning hazing, harassment,
intimidation, bullying or menacing. The investigator(s) shall be a neutral party having had no involvement
in the complaint presented.
Any employee who has knowledge of conduct in violation of this policy or feels he/she has been a victim
of hazing, harassment, intimidation, bullying or menacing in violation of this policy shall immediately
report his/her concerns.
Any student, or third party who has knowledge of conduct in violation of this policy or feels he/she has
been a victim of hazing, harassment, intimidation, bullying or menacing in violation of this policy shall
immediately report his/her concerns. All complaints will be promptly investigated in accordance with the
following procedures:
Step 1
Any hazing, harassment, intimidation, bullying or menacing information (complaints, rumors,
etc.) shall be presented to the principal or superintendent. Complaints against the principal
shall be filed with the superintendent. Information may be presented anonymously.
Complaints against the superintendent shall be filed with the Board chair. All such
information will be reduced to writing and will include the specific nature of the offense and
corresponding dates.
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Step 2
The district official receiving the complaint shall promptly investigate. Parents will be notified
of the nature of any complaint involving their student. The district official will arrange such
meetings as may be necessary with all concerned parties within five working days after receipt
of the information or complaint. The parties will have an opportunity to submit evidence and a
list of witnesses. All findings related to the complaint will be reduced to writing. The district
official(s) conducting the investigation shall notify the complainant and parents as appropriate,
in writing, when the investigation is concluded and a decision regarding disciplinary action, as
warranted, is determined.
A copy of the notification letter or the date and details of notification to the complainant,
together with any other documentation related to the incident, including disciplinary action
taken or recommended, shall be forwarded to the superintendent.
Step 3
If the complainant is not satisfied with the decision at Step 2, he/she may submit a written
appeal to the superintendent or designee. Such appeal must be filed within 10 working days
after receipt of the Step 2 decision. The superintendent or designee will arrange such meetings
with the complainant and other affected parties as deemed necessary to discuss the appeal. The
superintendent or designee shall provide a written decision to the complainant’s appeal within
10 working days.
Step 4
If the complainant is not satisfied with the decision at Step 3, a written appeal may be filed
with the Board. Such appeal must be filed within 10 working days after receipt of the Step 3
decision. The Board shall, within 20 working days, conduct a hearing at which time the
complainant shall be given an opportunity to present the complaint. The Board shall provide a
written decision to the complainant within 10 working days following completion of the
hearing.
Direct complaints related to educational programs and services may be made to the U.S. Department of
Education, Office for Civil Rights. Direct complaints related to employment may be filed with the Oregon
Bureau of Labor and Industries, Civil Rights Division, or the U.S. Department of Labor, Equal
Employment Opportunities Commission.
Documentation related to the incident may be maintained as a part of the student’s education records or
employee’s personnel file. Additionally, a copy of all hazing, harassment, intimidation, bullying or
menacing complaints and documentation will be maintained as a confidential file in the district office.
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