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104.R1 Anti-Bullying and Anti-Harassment Investigation Procedures

General Procedures

Individuals who feel that they have been harassed should:

• tell a teacher, counselor, principal, or another appropriate school employee; and

• write down exactly what happened, keep a copy and give another copy to the teacher, counselor, principal, or another appropriate school employee including;

  • What, when and where it happened;

  • Who was involved;

  • Exactly what was said or what the harasser did;

  • Witnesses to the harassment;

  • What the student said or did, either at the time or later;

  • How the student felt; and

  • How the harasser responded.

Filing a Complaint

An individual who believes that the individual has been harassed or bullied will notify the building principal or designee, who will be the designated investigator. The alternate investigator is the Superintendent or Superintendent’s designee.  The investigator may request that the individual complete the Harassment/Bullying Complaint form (located at this link or in the district office) and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. The complainant shall be given a copy of the completed complaint form. Information received during the investigation is kept confidential to the extent possible. The investigator has the authority to initiate an investigation in the absence of a written complaint.

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.

An alternate investigator will be designated in the event it is claimed that the Superintendent or Superintendent’s designee committed the alleged bullying or harassment or some other conflict of interest exists.  Complaints shall be filed within 180 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence.  The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed. 

Investigation 

The school district will reasonably and promptly commence the investigation upon receipt of the complaint. The building principal or 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 will make written findings and conclusions as to each allegation of harassment and report the findings and conclusions to the Superintendent. The investigator will provide a copy of the findings of the investigation to the Superintendent.

Remember the following points:

  • 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

  •  Evidence uncovered in the investigation is kept confidential to the extent reasonably possible;

  •  Complaints must be taken seriously and investigated;

  •  No retaliation will be taken against individuals involved in the investigation process; and

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

Conflicts with Investigation

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

Resolution of the Complaint

Following receipt of the investigator's report, the Superintendent may investigate further, if deemed necessary, and make a determination of any appropriate additional steps which may include discipline.

Prior to the determination of the appropriate remedial action, the Superintendent may, at the Superintendent’s discretion, interview the complainant and the alleged harasser. The Superintendent will 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 will receive notice as to the conclusion of the investigation. The Superintendent will maintain a log of information necessary to comply with Iowa Department of Education reporting procedures.

If, after an investigation, a student is found to be in violation of the policy, the student shall be disciplined by appropriate measures, which may include suspension and expulsion.  If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures, which may include termination.  If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, which may include exclusion from school grounds. 

 

Individuals who knowingly file false bullying and/or harassment complaints and any person who gives false statements in an investigation may 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 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.  

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Approved: 5/13/13                              Reviewed: 8/8/2016                                 Revised: 8/8/2016; 6/10/19; 12/9/24