Nothing in this policy requires the affected
student to possess a characteristic that is a perceived basis for the harassment,
intimidation, or bullying, or other distinguishing characteristic.
Harassment, intimidation or bullying can take
many forms including: slurs, rumors, jokes, innuendo’s, demeaning comments,
drawing cartoons, pranks, gestures, physical attacks, threats, or other
written, oral or physical actions. “Intentional acts” refers to the
individual’s choice to engage in the act rather than the ultimate impact
of the action(s).
This policy is not intended to prohibit expression
of religious, philosophical, or political views, provided that the expression
does not substantially disrupt the education environment. Many behaviors
that do not rise to the level of harassment, intimidation, or bullying
may still be prohibited by other district policies or building, classroom,
or program rules.
Counseling, corrective discipline, and/or referral
to law enforcement will be used to change the behavior of the perpetrator
and remediate the impact on the victim. This includes appropriate
intervention(s), restoration of a positive climate, and support for victims
and others impacted by the violation. False reports or retaliation
for harassment, intimidation or bullying also constitutes violations of
this policy.
The Superintendent is authorized to direct the
development and implementation of procedures addressing the elements of
this policy, consistent with the complaint and investigation components
of procedure ____, Sexual Harassment.
Cross-References: Policy ____ Rights and Responsibilities
Policy ____ Nondiscrimination
Policy ____ Exceptional Misconduct
Legal Reference: Chapter ___ Law of ____
Adopted: _______________
STUDENTS
Prohibition of Harassment, Intimidation, and
Bullying
Informal Complaint Process: Anyone may use
informal procedures to report and resolve complaints of harassment, intimidation,
or bullying. At the building level, programs may be established for receiving
anonymous complaints. Such complaints must be appropriately investigated
and handled consistent with due process requirements. Informal reports
may be made to any staff member, although staff shall always inform complaints
of their right to, and the process for, filing a formal complaint. Staff
shall also direct potential complaints to an appropriate staff member who
can explain the informal and formal complaint process and what a complaint
can expect. Staff shall also inform an appropriate supervisor or designated
staff person when they receive complaints of harassment, intimidation,
or bullying, especially when the complaint is beyond their training to
resolve or alleges serious misconduct.
Informal remedies include an opportunity for the
complainant(s) to explain to the alleged perpetrator that the conduct is
unwelcome, disruptive, or inappropriate either in writing or face-to-face;
a statement from a staff member to the alleged perpetrator that the alleged
conduct is not appropriate and could lead to discipline if proven or repeated;
or a general public statement from an administrator in a building reviewing
the district harassment, intimidation and bullying policy without identifying
the complainant, parent, guardian, or because the district believes the
complaint needs to be more thoroughly investigated.
Formal Complaint Process: Anyone may initiate
a formal complaint of harassment, intimidation or bullying, even if the
informal complaint process is being utilized. Complainant(s) should not
be promised confidentiality at the onset of an investigation. It cannot
be predicted what will be discovered or what kind of hearing may result.
Efforts should be made to increase the confidence and trust of the person
making the complaint. The district will fully implement the anti-retaliation
provisions
of this policy to protect complainant(s) and witness(es). Student complainants
and witnesses may have a parent or trusted adult with them, if requested,
during any district initiated investigatory activities. The superintendent
or designated compliance officer (hereinafter referred to as the compliance
officer) may conclude that the district need to conduct an investigation
based on information in their possession regardless of the complainant’s
interest in filing a formal complaint. The following process shall be followed:
A. All informal complaints shall be in writing.
Formal complaints shall set forth the specific acts, conditions or circumstances
alleged to have occurred that may constitute harassment, intimidation or
bullying. The compliance officer may draft the complaint based on the report
of the complainant, for the complainant to review and sign.
B. Regardless of the complainant’s interest in
filing a formal complaint, the compliance officer may conclude that the
district needs to draft a formal complaint based on the information in
the officer’s possession.
C. The compliance officer shall investigate all
formal, written complaints of harassment, intimidation or bullying, and
other information in the compliance officer’s possession that the officer
believes requires further investigation.
D. When the investigation is completed the compliance
officer shall compile a full written report of the complaint and the result
of the investigation. If the matter has not been resolved to the complainant’s
satisfaction, the superintendent shall take further action on the report.
E. The superintendent or designee, who is not
the compliance officer, shall respond in writing to the complainant and
the accused within thirty days, stating:
1. That the district intends to take corrective
action; or
2. That the investigation is incomplete to date
and will be continuing; or
3. That the district does not have adequate evidence
to conclude that bullying, harassment or intimidation occurred.
F. Corrective measures deemed necessary
will be instituted as quickly as possible, but in no event more than thirty
days after the superintendent’s written response, unless the accused is
appealing the imposition of discipline and the district is barred by due
process considerations or a lawful order from imposing the discipline until
the appeal process in concluded.
G. If a student remains aggrieved by the superintendent’s
designee’s response, the student may pursue the complaint as one of discrimination
pursuant to Policy ____, Nondiscrimination or a complaint pursuant to Policy
____, complaint Concerning staff or Programs.
Students will be provided with age-appropriate
information on the recognition and prevention harassment, intimidation
or bullying, and their rights and responsibilities under this and other
district policies and rule at student orientation sessions and on other
appropriate occasions, which may include parents. Parents shall be provided
with copies of this policy and procedure and appropriate materials on the
recognition and prevention of harassment, intimidation and bullying.
Cross References: Policy ____ Rights and
Responsibilities
Policy ____ Nondiscrimination
Policy ____ Exceptional Misconduct
Legal Reference: Chapter ___ Law of ____
Adopted: _______________
Also, check out a complaint form for students
(or a parent) to fill out:
http://www.bullypolice.org/KennForm01.pdf
PROHIBITION OF HARASSMENT, INTIMIDATION &
BULLYING complaint form for students to fill out. *Need
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