104 Anti-Bullying Harassment Policy

Code 104

ANTI-BULLYING/ANTI-HARASSMENT POLICY

The Riverside 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 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 be 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” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions: 
    1. Places the individual in reasonable fear of harm to the individual’s person or property. 
    2. Has a substantial detrimental effect on the individual’s physical or mental health.  
    3. Has the effect of substantially interfering with the individual’s academic or career performance.  Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school. 
  • “Trait or characteristic of the individual” 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; 280.28; 280.3. 281 I.A.C. 12.3(6).

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

Approved 7-16-07    Reviewed 7-25-2022  Revised 8-21-2023

104.E1 Anti-Bullying/Harassment Complaint Form

Code No. 104.E1

ANTI-BULLYING/HARASSMENT COMPLAINT FORM

Name of complainant:

Position of complainant:

Name of student or employee target:

Date of complaint:

Name of alleged harasser or bully:

Date and place of incident or incidents:

Nature of Discrimination or Harassment 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
  • Marital Status
  • Race/Color
  • National Origin/Ethnic Background/Ancestry
  • Religion/Creed

Description of misconduct:

Name of witnesses (if any):

Evidence of harassment or bullying, i.e., letters, 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:

Updated 2-18-2019     Reviewed 7-25-2022

104.E2 Anti-Bullying/Harassment Witness Disclosure Form

Code No. 104.E2

ANTI-BULLYING/HARASSMENT WITNESS DISCLOSURE FORM

Name of witness:

Position of witness:

Date of testimony, interview:

Description of incident 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:

Updated 2-18-2019     Reviewed 7-25-2022

104.E3 Disposition of Anti-Bullying/Harassment Complaint Form

Code No. 104.E3

DISPOSITION OF ANTI-BULLYING/HARASSMENT COMPLAINT FORM

Name of complainant:

Name of student or employee target:

Grade and building of student or employee:

Name and position or grade of

Alleged perpetrator/respondent

Date of initial complaint:

Nature of discrimination or harassment 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
  • Marital Status
  • Race/Color
  • National Origin/Ethnic Background/Ancestry
  • Religion/Creed
  • Other Please Specify 

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:

Updated 2-18-2019      Reviewed 7-25-2022

104.R1 Anti-Bullying/Harassment Investigation Procedures

Code No. 104.R1

ANTI-BULLYING/HARASSMENT INVESTIGATION PROCEDURES

The Riverside 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. Therefore, it is the policy of the state and the school district that school employees, volunteers, and students shall not engage in bullying or harassing behavior in school, on school property, or at any school function or school-sponsored activity.

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

Filing a Complaint

An individual who believes that the individual has been harassed or bullied may file a complaint with the superintendent or superintendent’s designee.  The complaint form is available at this link.  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.

Investigation

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

If the Complainant is under 18 years of age, the Investigator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved. 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. 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.

Decision

The school district will promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The superintendent or his/her designee (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment.  

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

  • Interviews with the Complainant and the individual named in the complaint (“Respondent”)
  • A request for the Complainant to provide a written statement regarding the nature of the complaint; 
  • A request for the Respondent to provide a written statement; 
  • Interviews with witnesses identified during the course of the investigation; 
  • 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 as defined in Board policy.  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. 
 

Updated 8-21-2023     Reviewed 7-25-2022