502.13 - Student to Student Harassment

Harassment of students by other students will not be tolerated in the school district. This policy is in effect while students are on school grounds, school district property, or on property within the jurisdiction of the school district; while on school-owned and/or school-operated buses, vehicles or chartered buses; while attending or engaged in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school district.

Harassment prohibited by the district includes, but is not limited to, harassment on the basis of race, sex, creed, color, age, national origin, religion, marital status, sexual orientation, socioeconomic status, gender identity, or disability. Students whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, suspension and expulsion.

Sexual harassment means unwelcome sexual advances, requests for sexual favor and other verbal or physical conduct of a sexual nature when:

submission to such conduct is made either explicitly or implicitly a term or condition or a student’s education or of a student’s participation in school programs or activities;
submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
such conduct has the purpose or effect of unreasonably interfering with a student’s performance or creating an intimidating or hostile learning environment.

Sexual harassment as set out above, may include, but is not limited to the following:

verbal or written harassment or abuse;
pressure for sexual activity;
repeated remarks to a person with sexual or demeaning implications
unwelcome touching;
suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades, achievements, etc.

Harassment on the basis of race, creed, color, religion, national origin, marital status or disability means conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb, or trouble students when:

submission to such conduct is made either explicitly or implicitly a term or condition of a student’s education or of a student’s participation in school programs or activities;
submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
such conduct has the purpose or effect of unreasonably interfering with a student’s performance or creating an intimidating or hostile learning environment.

Harassment as set forth above may include, but is not limited to the following:

verbal, physical or written harassment or abuse;
repeated remarks of a demeaning nature;
implied or explicit threats concerning one’s grades, achievements, etc.;
demeaning jokes, stories, or activities directed at the student.

The district will promptly and reasonably investigate allegations of harassment. The building principal will be responsible for handling all complaints by students alleging harassment.

Retaliation against a student because the student has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited. A student who is found to have retaliated against another in violation of this policy, will be subject to discipline up to and including suspension and expulsion.

It shall also be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop administrative rules 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: Harassment
                            Student Rights and Responsibilities
                            Student Discipline
                            Student Records

Approved: 12-13-99
Reviewed: 11-12-18
Revised: 11-12-18

dawn.gibson.cm… Thu, 06/20/2024 - 09:06

502.13A-R1 - Student-To-Student Harassment

The investigator, with the approval of the principal, or the principal has the authority to initiate a harassment investigation in the absence of a written complaint.

INVESTIGATION PROCEDURE

The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint. The investigator shall interview the complainant and the alleged harasser. The alleged harasser may file a written statement, refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator shall make written findings and conclusions as to each allegation of harassment and report the findings and conclusions to the principal. The investigator will outline the findings of the investigation to the principal.

RESOLUTION OF THE COMPLAINT

Following receipt of the investigator’s report, the principal may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including suspension and expulsion.

Prior to the determination of the appropriate remedial action, the principal may, at the principal’s discretion, interview the complainant and the alleged harasser. The principal shall 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 shall receive notice as to the conclusion of the investigation.

POINTS TO REMEMBER IN THE INVESTIGATION

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.
Retaliators will be disciplined up to and including suspension and expulsion.

CONFLICTS

If the investigator is a witness to the incident, the alternate investigator shall be the investigator.

dawn.gibson.cm… Thu, 06/20/2024 - 09:10

502.13A-E1 - Harassment Complaint Form

Name of complainant: __________________________________________________________

Position of complainant: ________________________________________________________

Date of complaint: _____________________________________________________________

Name of alleged harasser: _______________________________________________________

Date and place of incident or incidents: ____________________________________________

_____________________________________________________________________________

Description of misconduct: ______________________________________________________

_____________________________________________________________________________

Name of witness (if any): _________________________________________________________

______________________________________________________________________________

Evidence of harassment, i.e., letter, photos, etc. (attach evidence if possible):________________

_______________________________________________________________________________

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_____________________________________________________

dawn.gibson.cm… Thu, 06/20/2024 - 09:11

502.13A-E2 - Witness Disclosure Form

Name of witness: _____________________________________________________________

Position of witness: ___________________________________________________________

Date of testimony, interview: ____________________________________________________

Description of instance 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 _______________________________________________________

dawn.gibson.cm… Thu, 06/20/2024 - 09:13