104 Anti-Bullying and Anti-Harassment Policy

The Spirit Lake 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 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 harassment of students by students, school employees, and volunteers is against federal, state, and local policy and will not be tolerated in the school or school district.

Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property; while on District-owned or District-operated vehicles; while attending or participating in school-sponsored or sanctioned activities; and while away from school grounds if the conduct materially affects the good order, efficient management and welfare of the school/ or District or is likely to do so.

The school or District will promptly and reasonably investigate allegations of bullying or harassment. The building principal or designee will be responsible for handling all complaints by students alleging bullying or harassment. The building principal or designee will be responsible for handling all complaints by employees alleging bullying or harassment.

The Superintendent is responsible for organizing training programs for students, school officials, faculty, staff, and volunteers who have direct contact with students. The training will include how to recognize harassment and what to do in case a student is harassed. It will also include proven effective harassment prevention strategies. The Superintendent will also develop a process for evaluating the effectiveness of the policy in reducing bullying and harassment in the school. The Superintendent shall report to the Board on the progress of reducing bullying and harassment in the school.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 the person’s participation in any administrative, judicial, or other proceeding relating to the report. 

Retaliation Prohibited 

Retaliation against any person, because the person has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding, is also prohibited. Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation shall be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and/or expulsion. Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, 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, electronic text messaging, or similar technologies. 

• “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 website.

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