Policy 5114.7
Policy to Prohibit
Harassment, Intimidation, or Bullying
1 Statement
of Purpose
1.1 The Ironton City School District
prohibits acts of harassment, intimidation or bullying. The district has determined
that a safe and civil environment in school is necessary for students to learn
and achieve high academic standards; harassment, intimidation or bullying, like
other disruptive or violent behaviors, is conduct that disrupts both a
student’s ability to learn and a school’s ability to educate its students in a
safe environment.
1.2 Harassment, intimidation, or bullying
of students or personnel by students, school personnel, or school volunteers is
prohibited, whether in the classroom, on school property, on school buses or
vehicles, at school-sponsored events, or in cyber-space.
1.3 Because students learn by example,
school administrators, faculty, staff and volunteers should be commended for
demonstrating appropriate behavior, treating others with civility and respect,
and refusing to tolerate harassment, intimidation or bullying.
2 Definition
of Terms
2.1 The Ironton City School District
establishes that “harassment, intimidation, or bullying” means any intentional
written, verbal, graphic, or physical act or gesture that a student has
exhibited toward another particular student more than once and the behavior
both:
2.1.1 causes mental or physical harm to the
other student;
2.1.2 is sufficiently severe, persistent, or
pervasive that it creates an intimidating, threatening, or abusive educational
environment for the other student.
2.2 “Harassment, intimidation, or
bullying” also means electronically committed acts (i.e.., acts conducted using
electronic or wireless communication devices) that a student has exhibited
toward another particular student more than once and the behavior both:
2.2.1 causes mental or physical harm to the
other student;
2.2.2 is sufficiently severe, persistent, or pervasive
that it creates an intimidating, threatening, or abusive educational
environment for the other student.
2.3 “Harassment, intimidation, or
bullying” also means any intentional written, verbal, graphic, or physical act
or gesture that a student has exhibited toward another particular student more
than once, and based on any actual or perceived characteristic, such as race,
color, religion, ancestry, national origin, gender, sexual orientation, gender
identity and expression, or a mental, physical or sensory disability, or by any
other distinguishing characteristic; and that both:
2.3.1 causes mental or physical harm to the
other student;
2.3.2 is sufficiently severe, persistent, or
pervasive that it creates an intimidating, threatening, or abusive educational
environment for the other student.
2.4 A “school-sponsored activity” means
any activity conducted on or off school property (including school buses and
other school-related vehicles) that is sponsored, recognized or authorized by
the Ohio Board of Education.
2.5 “Harassment or bullying” shall not
mean any action that would constitute protected free expression under the First
Amendment to the Constitution of the United States.4
3 Types
of Conduct
3.1 Harassment, intimidation or bullying
can include, but is not limited to, the following behavior, overt acts, and/or
circumstances:
3.1.1 Verbal, nonverbal, physical or written
harassment, bullying, hazing or other victimization that has the purpose or
effect of causing injury, discomfort, fear, or suffering to the victim;
3.1.2 Repeated remarks of a demeaning nature
that have the purpose or effect of causing injury, discomfort, fear, or
suffering to the victim;
3.1.3 Unreasonable interference with a
student’s performance or creation of an intimidating, offensive or hostile
learning environment;
3.1.4 Physical violence and/or attacks;
3.1.5 Threats, taunts and intimidation through
words and/or gestures;
3.1.6 Extortion, damage or stealing of money
and/or possessions;
3.1.7 Exclusion from the peer group or
spreading rumors; and,
3.1.8 Repetitive and hostile behavior with the
intent to harm others through the use of information and communication
technologies and other web-based/online sites (also known as “cyber bullying”),
such as the following:
3.1.8.1 Posting slurs on websites where students
congregate or on web-logs (personal online journals or diaries);
3.1.8.2 Sending abusive or threatening instant
messages;
3.1.8.3 Using camera phones to take embarrassing
photographs of students and posting them online; and,
3.1.8.4 Using websites to circulate gossip and
rumors to other students;
3.1.8.5 Excluding others from an online group by
falsely reporting them for inappropriate language to internet service
providers.
4 Dissemination
of Policy
4.1.1 The district shall annually disseminate
the policy to staff, students, and parents, along with a statement explaining
that it applies to all applicable acts of harassment, intimidation and bullying
that occur on school property, at school sponsored functions, on school buses
or school-related vehicles, or in cyber space. The policy shall appear in
student handbooks and in all publications that set forth the school district’s
comprehensive rules, procedures, and standards of conduct for schools and
students in the district.
4.1.2 To ensure staff are
prepared to prevent and effectively intervene with incidents of harassment,
intimidation, or bullying, the district shall incorporate information about the
policy into employee training manuals and programs.
5 Complaints
5.1 Written and Oral Complaints
5.1.1 The district requires the principal or
the principal’s designee at each school to be responsible for receiving complaints
alleging violations of this policy. Students, parents or guardians may file
written complaints of suspected harassment, intimidation or bullying with any
school staff member or administrator. A teacher or other school staff member
who receives a written complaint shall promptly forward it (no later than the
next school day) to the building principal or his/her designee for review and
action.
5.1.2 Oral complaints shall also be considered
official complaints. Students, parents or guardians, and school personnel may
make oral complaints of conduct that they consider to be harassment,
intimidation or bullying by verbally reporting to a teacher, school
administrator, or other school personnel. A teacher or other school staff
member who receives an oral complaint shall promptly document the complaint in
writing, and shall promptly forward it (no later than the next school day) to
the building principal for review and action.
5.1.3 Both written and oral complaints shall
be reasonably specific as to the actions giving rise to the suspicion of
harassment, intimidation and/or bullying, including person(s) involved, number
of times and places of the alleged conduct, the target of the prohibited
behavior(s), and the names of any potential student or staff witness.
5.2 Anonymous Complaints
5.2.1 Students who make oral complaints as set
forth above may request that their name be maintained in confidence by the
school staff member(s) and
administrator(s) who receive the complaint. The anonymous complaints
shall be reviewed and reasonable action will be taken to address the situation,
to the extent such action may be taken that (1) does not disclose the source of
the complaint, and (2) is consistent with the due process rights of the
student(s) alleged to have committed acts of harassment, intimidation and/or
bullying.
6 School
Personnel Responsibilities and Individual Intervention Strategies
6.1 Teachers and Other School Staff
6.1.1 Teachers and other school staff, who
witness acts of harassment, intimidation or bullying, as defined above, shall
promptly notify the building principal and/or his/her designee of the event
observed by filing a written incident report concerning the events witnessed.
6.1.2 In addition to addressing both informal
and formal complaints, school personnel are encouraged to address the issue of
harassment, intimidation or bullying in other interactions with students.
School personnel may find opportunities to educate students about harassment,
intimidation and bullying and help eliminate such prohibited behaviors through
class discussions, counseling, and reinforcement of socially appropriate
behavior.
6.1.3 School personnel should intervene
promptly whenever they observe student conduct that has the purpose or effect
of ridiculing, humiliating or intimidating another student/school personnel,
even if such conduct does not meet the formal definition of “harassment,
intimidation or bullying.”
6.2 Administrator Responsibilities
6.2.1 Investigation
6.2.1.1 The district requires the principal and/or
the principal’s designee to be responsible for determining whether an alleged
act constitutes a violation of this policy. In so doing, the principal and/or
the principal’s designee shall conduct a prompt and thorough investigation of
all written and oral complaints of suspected harassment, intimidation, or
bullying. A written report of the investigation shall be prepared when the
investigation is complete. Such report shall include: findings of fact, a
determination of whether acts of harassment, intimidation or bullying were
verified, and, when prohibited acts are verified, a recommendation for
intervention, including disciplinary action. Where appropriate, written witness
statements shall be attached to the report.
6.2.1.2 Notwithstanding the foregoing, when a
student making an informal complaint has requested anonymity, the investigation
of such complaint shall be limited as is appropriate in view of the anonymity
of the complaint. Such limitation of investigation may include restricting
action to a simple review of the complaint (with or without discussing it with
the alleged perpetrator), subject to receipt of further information and/or the
withdrawal by the complaining student of the condition that his/her report be
anonymous.
6.2.2 Responding to Incidents: Disciplinary
and Non-Disciplinary Interventions
6.2.2.1 Verified acts of harassment, intimidation,
or bullying shall result in an intervention by the building principal or
his/her designee that is intended to ensure that the prohibition against
harassment, intimidation or bullying behavior is enforced, with the goal that
any such prohibited behavior will cease.
6.2.2.2 Ironton City School District recognizes
that acts of harassment, intimidation, or bullying can take many forms and can
vary dramatically in seriousness and impact on the targeted individual and
school community. Accordingly, there is no one prescribed response to verified
acts of harassment, intimidation, and bullying. Disciplinary and appropriate
remedial actions for a student or staff member who commits an act of
harassment, intimidation or bullying may range from positive behavioral
interventions up to, and including, suspension or expulsion.
6.2.2.3 In determining appropriate interventions for
each individual who commits an act of harassment, intimidation, or bullying,
the building principal shall give the following factors full consideration:
• the
degree of harm caused by the incident(s);
• the
surrounding circumstances;
• the
nature and severity of the behavior;
• the
relationship between the parties involved; and,
• past
incidences or continuing patterns of behavior.
6.2.2.3.1 Non-disciplinary Interventions
6.2.2.3.1.1 Counseling: When verified acts of
harassment, intimidation or bullying are identified early and/or when such
verified acts do not reasonably require a disciplinary response, students may
be counseled as to the definition of harassment, intimidation or bullying, its
prohibition and their duty to avoid any conduct that could be considered
harassing, intimidating or bullying.
6.2.2.3.1.2 Peer Mediation: If a complaint
arises out of conflict between students or groups of students, peer mediation
may be considered. Special care, however, is warranted in referring such cases
to peer mediation. A power imbalance may make the process intimidating for the
victim and therefore inappropriate. The
victim’s communication and assertiveness skills may be low and could be further
eroded by fear resulting from past intimidation and fear of future
intimidation. In such cases, the victim should be given additional support.
Alternatively, peer mediation may be deemed inappropriate to address the
concern.
6.2.2.3.2 Disciplinary Interventions
6.2.2.3.2.1 When acts of harassment,
intimidation and bullying are verified and a disciplinary response is
warranted, students are subject to the full range of disciplinary consequences.
Anonymous complaints that are not otherwise verified, however, shall not be the
basis for disciplinary action.
6.2.2.3.2.2 In and out-of-school suspension
may be imposed only after informing the accused perpetrator of the reasons for
the proposed suspension and giving him/her an opportunity to explain the
situation.
6.2.2.3.2.3 Expulsion may be imposed only
after a hearing before the Board of Education, a committee of the Board or an
impartial hearing officer designated by the Board of Education in accordance
with Board policy. This consequence shall be reserved for serious incidents of
harassment, intimidation or bullying and/or when past interventions have not
been successful in eliminating prohibited behaviors.
7 Intervention
Strategies for Classroom, School Building, or District
7.1 Ironton City School District recognizes
that overall school climate and school culture might overtly or inadvertently
support prohibited behaviors. Accordingly, when the district responds to an
individual who has committed a verified act of harassment, intimidation, or
bullying, the district should consider whether taking action beyond the
individual would prevent potential problems. Additionally, the Ironton City
School district should attempt to actively involve parents, school employees,
school volunteers, students and community members in the remediation of
prohibited behaviors. The following are
examples of potential intervention strategies that shall serve as a resource
for administrators and school personnel:
7.1.1 Respectful responses to harassment,
intimidation or bullying concerns raised by students, parents or school
personnel;
7.1.2 Planned professional development
programs addressing targeted individuals’ problems; including what is safe and
acceptable Internet use;
7.1.3 Data collection to document victim
problems to determine the nature and scope of the problem;
7.1.4 Use of peers to help ameliorate the
plight of victims and include them in group activities;
7.1.5 Avoidance of sex-role stereotyping
(e.g., males need to be strong and tough);
7.1.6 Awareness and involvement on the part of
all school personnel and parents with regard to victim problems;
7.1.7 An attitude that promotes communication,
friendship, assertiveness skills and character education;
7.1.8 Modeling by school personnel of
positive, respectful and supportive behavior toward students;
7.1.9 Creating a school atmosphere of team
spirit and collaboration that promotes appropriate social behavior by students
in support of others (Ohio School Climate Guidelines);
7.1.10 Employing classroom strategies that instruct
students how to work together in a collaborative and supportive atmosphere; and
7.1.11 Form harassment, intimidation and bullying
task forces, programs and other initiatives involving volunteers, parents, law
enforcement and community members.
8 Intervention
Strategies to Protect Victims
8.1 When responding to
verified acts of harassment, intimidation, or bullying, the district shall
consider potential strategies to protect victims from additional harassment,
intimidation, or bullying, and from retaliation following a report. Potential
strategies include:
8.1.1 Supervising and disciplining offending
students fairly and consistently;
8.1.2 Providing adult supervision during
recess, lunch time, bathroom breaks and in the hallways during times of transition;
8.1.3 Maintaining contact with parents and
guardians of all involved parties;
8.1.4 Providing counseling for the victim if
assessed that it is needed;
8.1.5 Informing school personnel of the
incident and instructing them to monitor the victim and the offending party for
indications of harassing, intimidating and bullying behavior; instructing
personnel to intervene when prohibited behaviors are witnessed;
8.1.6 Checking with the victim daily to ensure
that there have been no incidents of harassment/intimidation/bullying or
retaliation from the offender(s).
9 Reporting
Obligations
9.1 Reports to the Parent or Guardian of the Perpetrator
9.1.1 If after investigation, acts of
harassment, intimidation and bullying by a specific student are verified, the
building principal or his/her designee shall notify in writing the parent or
guardian of the perpetrator of that finding. If disciplinary consequences are
imposed against such student, a description of such discipline shall be
included in such notification.
9.2 Reports to the victim and his/her parent of guardian
9.2.1 If after investigation, acts of bullying
against a specific student are verified, the building principal or his/her
designee shall notify the parent or guardian of the victim of such finding. In
providing such notification, care must be taken to respect the statutory
privacy rights of the perpetrator of such harassment, intimidation and
bullying.
9.3 List of verified acts of harassment, intimidation or
bullying
9.3.1 Ironton City School District
administrators shall semiannually provide the president of the district board a
written summary of all reported incidents and post the summary on the district
Web site, if one exists. The list shall be limited to the number of verified
acts of harassment, intimidation and bullying, whether in the classroom, on
school property, to and from school, or at school-sponsored events.
10 Police
and Child Protective Services
10.1 Allegations of criminal misconduct will
be reported to law enforcement, and suspected child abuse must be reported to
Child Protective Services, per required timelines. Ironton City School District must also
investigate for the purpose of determining whether there has been a violation
of Ironton City School District Policy or Procedure, even if law enforcement or
CPS is also investigating. All Ironton City School District personnel must
cooperate with investigations by outside agencies.
10.2 In addition to, or instead of, filing a
bullying/harassment/intimidation complaint through this policy, a complainant
may choose to exercise other options, including but not limited to filing a
complaint with outside agencies or filing a private lawsuit. Nothing prohibits
a complainant from seeking redress under any other provision of the Revised
Code or common law that may apply.
11 Training
11.1 Orientation sessions for students shall
introduce the elements of this policy and procedure. Students will be provided
with age-appropriate information on the recognition and prevention of
harassment, intimidation or bullying, and their rights and responsibilities
under this and other district policies, procedures and rules, at student
orientation sessions and on other appropriate occasions. Parents will be provided
with information about this policy and procedure, as well as information about
other district and school rules and disciplinary policies. This policy and
procedure shall be reproduced in student, staff, volunteer and parent
handbooks.
11.2 Information regarding the policy on
harassment/intimidation/bullying behavior shall be incorporated into employee
training materials and volunteers with direct contact with students. Time spent
by school employees in the training, workshops or courses shall apply toward
any state or district mandated continuing education requirements.
11.3 School personnel members are encouraged to address the
issue of harassment/intimidation/bullying in other interaction with students.
School personnel may find opportunities to educate students about bullying and
help eliminate bullying behavior through class discussions, counseling and
reinforcement of socially appropriate behavior. School personnel should
intervene promptly whenever they observe student conduct that has the purpose or
effect of ridiculing, humiliating or intimidating another student/school
personnel, even if such conduct does not meet the formal definition of
“harassment/intimidation/bullying.”
Adopted: October 23, 2007