EDUCATIONAL PHILOSOPHY
104 - ANTI-BULLYING/HARASSMENT POLICY
The WACO 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:
Publication of Policy
The board will annually publish this policy. The policy may be publicized by the following means:
NOTE: This is a mandatory policy. School districts are required to integrate the anti-bullying and anti-harassment policy into the comprehensive school improvement plan and shall collect and report data regarding instances of bullying and harassment as required by law.
NOTE: Some conduct that falls under a school’s anti-bullying/anti-harassment policy also may trigger responsibilities under one or more of the federal and state antidiscrimination laws. By limiting the response to a specific application of its anti-bullying/anti-harassment disciplinary policy and the accompanying procedures, a school may fail to properly consider whether the alleged conduct also results in discriminatory bullying and/or harassment.
Legal Reference:
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)
I.C. Iowa Code
Description
Iowa Code § 216.9
Unfair/Discriminatory Practices
Iowa Code § 280.28
Harassment and Bullying Prohibited
Iowa Code § 280.3
Education Program - Attendance Center Requirements
I.A.C. Iowa Administrative Code
Description
281 I.A.C. 12.3
U.S.C - United States Code
Description
20 U.S.C. §§ 1221
Education - FERPA - General Provisions
29 U.S.C. §§ 794
42 U.S.C. § 12101
Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d
Public Health - Civil Rights - Federally Programs
U.S. Supreme Court
Description
551 U.S. 393
Cross References
Code
Description
102
102-R(1)
Equal Educational Opportunity - Grievance Procedure
102-EH(1)
Equal Educational Opportunity - Annual Notice of Nondiscrimination
102-EH(2)
Equal Educational Opportunity - Continuous Notice of Nondiscrimination
102-EH(3)
Equal Educational Opportunity - Notice of Section 504 Student and Parental Rights
102-E(4)
Equal Educational Opportunity - Discrimination Complaint Form
102-E(5)
Equal Educational Opportunity - Witness Disclosure Form
102-E(6)
Equal Educational Opportunity - Disposition of Complaint Form
401.01
401.13
Staff Technology Use/Social Networking
401.13-R(1)
Staff Technology Use/Social Networking - Regulation
402.03
Abuse of Students by School District Employees
404
Employee Conduct and Appearance
404-R(1)
Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R(2)
Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
604.11
Appropriate Use of Online Learning Platforms
605.06
605.06-R(1)
Internet - Appropriate Use - Regulation
605.06-E(1)
Internet - Appropriate Use - Internet Access Permission Letter to Parents
605.06-E(2)
Internet - Appropriate Use - Violation Notice
Approved: 8/20/07
Revised: 8/17/2020, 10/17/2022, 8/21/2023
Reviewed: 8/17/2020
EDUCATIONAL PHILOSOPHY
104.E1 - COMPLAINT FORM
EDUCATIONAL PHILOSOPHY
104.E2 - WITNESS DISCLOSURE FORM
EDUCATIONAL PHILOSOPHY
104.E3 - DISPOSITION OF COMPLAINT FORM
EDUCATIONAL PHILOSOPHY
104.R1 - ANTI-HARASSMENT/BULLYING INVESTIGATION PROCEDURES REGULATION
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 with policy 104.E1 or can be obtained in the principal's office. 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 30 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 promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The Level 1 investigator (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment.
The investigation may include, but is not limited to the following:
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.
Decision
The investigator, building principal or superintendent, depending on the individuals involved, shall inform the Complainant and the accused about the outcome of the investigation. 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.
NOTE: School districts must include a number of requirements in the district anti-bullying/anti-harassment policy. This regulation builds on the requirements addressed in IASB sample policy 104 by more specifically detailing sample investigation procedures. Districts should ensure that the district’s practice is reflective of the policy and regulations that the district’s leadership team has established. Please remember that the procedures outlined here should be consistent with the policy.
NOTE: Some conduct that falls under a school’s anti-bullying/anti-harassment policy also may trigger responsibilities under one or more of the federal and state antidiscrimination laws. By limiting the response to a specific application of its anti-bullying/anti-harassment disciplinary policy and the accompanying procedures, a school may fail to properly consider whether the alleged conduct also results in discriminatory bullying and/or harassment.
I.C. Iowa Code
Description
Iowa Code § 216.9
Unfair/Discriminatory Practices
Iowa Code § 280.28
Harassment and Bullying Prohibited
Iowa Code § 280.3
Education Program - Attendance Center Requirements
I.A.C. Iowa Administrative Code
Description
281 I.A.C. 12.3
Administration
U.S.C - United States Code
Description
20 U.S.C. §§ 1221
Education - FERPA - General Provisions
29 U.S.C. §§ 794
Labor - Vocation Rehab Rights
42 U.S.C. § 12101
Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000d
Public Health - Civil Rights - Federally Programs
U.S. Supreme Court
Description
551 U.S. 393
Morse v Frederick (2007)
Cross References
Code
Description
102
Equal Educational Opportunity
102-R(1)
Equal Educational Opportunity - Grievance Procedure
102-EH(1)
Equal Educational Opportunity - Annual Notice of Nondiscrimination
102-EH(2)
Equal Educational Opportunity - Continuous Notice of Nondiscrimination
102-EH(3)
Equal Educational Opportunity - Notice of Section 504 Student and Parental Rights
102-E(4)
Equal Educational Opportunity - Discrimination Complaint Form
102-E(5)
Equal Educational Opportunity - Witness Disclosure Form
102-E(6)
Equal Educational Opportunity - Disposition of Complaint Form
401.01
Equal Employment Opportunity
401.13
Staff Technology Use/Social Networking
401.13-R(1)
Staff Technology Use/Social Networking - Regulation
402.03
Abuse of Students by School District Employees
404
Employee Conduct and Appearance
404-R(1)
Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R(2)
Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
604.11
Appropriate Use of Online Learning Platforms
605.06
Internet - Appropriate Use
605.06-R(1)
Internet - Appropriate Use - Regulation
605.06-E(1)
Internet - Appropriate Use - Internet Access Permission Letter to Parents
605.06-E(2)
Internet - Appropriate Use - Violation Notice
Approved: 8/20/07
Revised: 8/17/2020, 10/17/2022
Reviewed: 8/17/2020