ANTI-HARASSMENT/ANTI-BULLYING POLICY

Transcription

1 BP (a) ANTI-HARASSMENT/ANTI-BULLYING POLICY The San Carlos School District Board of Education prohibits discrimination, intimidation, bullying, cyberbullying or harassment of any student or employee by any employee, student, or other person. Prohibited harassment includes physical, verbal, nonverbal, or written conduct that is so severe or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the purpose or effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects the student's educational opportunities. The Board affirms the right of all students, staff, and parents/guardians to be free from harassment, or any activity that degrades the unique qualities of an individual, such as race, gender, ethnicity, age, culture, heritage, sexuality, physical/mental/ intellectual attributes, or religious beliefs and practices. Such verbal or physical acts are abusive and will not be tolerated on any District campus or at any school activity whether on or off campus. The Board encourages the Superintendent and staff to develop programs that enhance selfesteem, raise awareness and sensitivity, and foster respect for individuals and their unique qualities. The Board recognizes that bullying and harassment are inflammatory to those victimized by such acts and jeopardizes the safety and well being of students and staff. The Board authorizes the staff to discipline students involved in such acts, including counseling, suspensions and recommendation for expulsion as allowed by California Education Code. Legal Reference: EDUCATION CODE Prohibition of discrimination School Safety Programs Bullying Governing board policy on responsibilities of students Rules Duty concerning conduct of students Suspension or expulsion of students Freedom of speech Athletic programs Prohibition against electronic listening devices Prohibited instruction or activity Prohibited means of instruction Prohibited instructional materials CIVIL CODE Liability of parents/guardians for willful misconduct of minor PENAL CODE 313 Harmful matter Definition of hate crime

2 ANTI-HARASSMENT/ANTI-BULLYING POLICY (continued) BP (b) Crimes, harassment 647 Electronic device to invade person s privacy: misdemeanor Electronic communication device, threats to safety CODE OF REGULATIONS, TITLE Duties of pupils Uniform Complaint Procedures Nondiscrimination in elementary and secondary education programs UNITED STATES CODE, TITLE Title IX of the Education Amendments of 1972 UNITED STATES CODE, TITLE d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended 2000h h-6 Title IX of the Civil Rights Act of 1964 CODE OF FEDERAL REGULATIONS, TITLE Prohibition of discrimination on basis of race, color or national origin Designation of responsible employee for Section Designation of responsible employee for Title IX Notification of nondiscrimination on basis of sex COURT DECISIONS Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567 Flores v. Morgan Hill Unified School District, (2003) 324 F.3d 1130 Management Resources: CSBA PUBLICATIONS Providing a Safe, Nondiscriminatory School Environment for All Students, Policy Brief, April 2010 Cyberbullying : Policy Considerations for Boards, Policy Brief, July, 2007 Protecting our Schools: Governing Board Strategies to Combat School Violence, 1999 CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS Bullying at School, 2003 Creating a Safe and Drug Free Schools: An Action Guide, 1996 CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES California Student Safety and Violence Prevention - Laws and Regulations, April 2004 FIRST AMENDMENT CENTER PUBLICATIONS Public Schools and Sexual Orientation: A First Amendment Framework for Finding Common Ground, 2006 NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS Digital Discipline: Off Campus Student Conduct, the First Amendment and Web Sites, School Law on Review, 2001 Dealing with Legal Matters Surrounding Students' Sexual Orientation and Gender Identity, 2004 NATIONAL SCHOOL SAFETY CENTER PUBLICAITONS Bullying in School: Fighting the Bullying Battle, 2006 U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS Notice of Non-Discrimination, January 1999 Preventing Bullying: A manual for Schools and Communities, 1998 WEB SITES CSBA: California Cyber safety for Children California Safe Schools Coalition: California Department of Education: Center for Safe and Responsible Internet: First Amendment Center: National School Boards Association: National School safety Center: U.S. Department of Education, Office for Civil Rights: Policy adopted: September 22, 2011 SAN CARLOS SCHOOL DISTRICT San Carlos, California

3 AR (a) ANTI-HARASSMENT/ANTI-INTIMIDATION ADMINISTRATION REGULATIONS Harassment, bullying and related terms are defined as: A. Bullying means inflicting physical hurt or psychological distress on one or more students or employees. The term "bullying" is further defined as: unwanted purposeful written, verbal, nonverbal, or physical behavior, including but not limited to any threatening, insulting, or dehumanizing gesture, by an adult or student, that has the potential to create an intimidating, hostile, or offensive educational environment or cause long term damage; cause discomfort or humiliation; or unreasonably interfere with the individual s school performance or participation, is carried out repeatedly and is often characterized by an imbalance of power. Bullying may involve, but is not limited to: 1. unwanted teasing 2. threatening 3. intimidating 4. stalking 5. cyberstalking 6. cyberbullying 7. physical violence 8. theft 9. sexual, religious, or racial harassment 10. public humiliation 11. destruction of school or personal property 12. social exclusion, including incitement and/or coercion 13. rumor or spreading of falsehoods B. Harassment means any threatening, insulting, or dehumanizing gesture or written, verbal or physical conduct directed against a student or school employee that: 1. places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property; 2. has the effect of substantially interfering with a student s educational performance, or employee s work performance, or either s opportunities, or benefits; 3. has the effect of substantially negatively impacting a student s or employee s emotional or mental well-being; or 4. has the effect of substantially disrupting the orderly operation of a school and/or school district work environment. C. Cyberstalking, means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic communication, directed at or about a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

4 AR (b) D. Cyberbullying is defined as the willful and repeated harassment and intimidation of a person through the use of digital technologies, including, but not limited to, , blogs, texting on cell phones, social websites (e.g., MySpace, Facebook, Twitter, etc.), chat rooms, sexting, instant messaging, or video voyeurism. E. Bullying, Cyberbullying, and/or Harassment also encompasses: 1. retaliation against a student or school employee by another student or school employee for asserting or alleging an act of bullying, harassment, or discrimination. 2. retaliation also includes reporting a baseless act of bullying, harassment, or discrimination that is not made in good faith. 3. perpetuation of conduct listed in the definition of bullying, harassment, and/or discrimination by an individual or group with intent to demean, dehumanize, embarrass, or cause emotional or physical harm to a student or school employee by: a) incitement or coercion; b) accessing or knowingly and willingly causing or providing access to data or computer software through a computer, computer system, or computer network within the scope of the District school system; or c) acting in a manner that has an effect substantially similar to the effect of bullying, harassment, or discrimination. F. Bullying, Cyberbullying, Harassment and Discrimination also encompass, but are not limited to, unwanted harm towards a student or employee in regard to their real or perceived: sex, race, color, religion, national origin, age, disability (physical, mental, or educational), marital status, socio-economic background, ancestry, ethnicity, gender, gender identity or expression, linguistic preference, political beliefs, sexual orientation, or social/family background or being viewed as different in its education programs or admissions to education programs. G. Accused is defined as any District employee, student, or other person in the school or outside the school at school sponsored events or on school buses who is reported to have committed an act of bullying, whether formally or informally, verbally or in writing, of bullying. H. Complainant is defined as any District employee, student, or other person who formally or informally makes a report of bullying, orally or in writing. I. Victim is defined as any District employee, student, or other person in the school or outside the school at school sponsored events or on school bus who is reported to have been the target of an act of bullying during any educational program or activity conducted by the District.

5 AR (c) The San Carlos School District prohibits Bullying, Harassment, Cyberstalking, Cyberbullying, and Discrimination of or toward any student or employee by any Board member, employee, student, parent, contractor, vendor, or any school visitor, regardless of whether such behavior occurs on school district sites, school buses, or outside of school at school-sponsored events. These administrative regulations constitute a focused, coordinated effort designed to support school staff in their efforts to provide awareness, training, and intervention steps when harassment, and bullying incidents are reported and/or occur. Harassment, bullying or cyberbullying is not tolerated on any SCSD school campus. Students and/or staff are expected to immediately report incidents to the principal or designee. Each complaint will be promptly investigated. The Principal or administrative designee will respond and intervene to reports of bullying, harassment and cyberbullying and follow procedures established at each school site. This policy applies to students on school grounds, while traveling to and from school and during a school-sponsored activity on or off campus. The District will not tolerate any act of harassment or bullying behavior including gestures, comments, threats or actions, either written, verbal, electronic or physical, which cause, threaten to cause or are likely to cause bodily harm or personal degradation on any District campus or at any school activity whether on or off campus. If behavior occurs off campus but affect the student or staff s ability to function at school, the accused may be subject to disciplinary actions. The consequences of these actions may include a broad range of disciplinary measures but can include Suspension/ and recommendation for expulsion. Initial Response and Reporting Expectations The District requires all employees, if they observe or become aware of an act of bullying or harassment to take immediate, appropriate steps to intervene. If, in the opinion of the employee, the matter has not been resolved, the situation must be reported to an administrator for further investigation. Investigation and Response Any incident reported to administration, which may constitute an act of bullying, harassment, or any other behavior under this policy, shall be thoroughly investigated. Consequences shall be commensurate with the results of the investigation. This may include, but is not limited to, counseling, parent conference, detention, involuntary transfer, a formal suspension and/or expulsion.

6 AR (d) The parent/guardians of all students involved in any incident shall be contacted and may be asked to attend a conference with school officials. Staff will develop a supervision plan with the parents as appropriate. If a parent/guardian does not attend the conference, the site administrator shall send a letter informing the parent/guardian of the action under consideration and notifying parent/guardian of all data pertinent to the action. If the act of harassment or bullying is deemed to warrant a suspension, expulsion, or involuntary transfer to another school, then the matter will be processed in accordance with California Education Code sections 48900, et.seq. Depending on the severity of the incident, the administrator shall take appropriate steps to ensure campus safety. Incidents of Harassment and Intimidation Related To Disability, Race or Sexual Harassment Complainants reporting specific incidents of sexual harassment or harassment and intimidation based on discrimination related to the student's disability or race should be channeled through the Uniform Complaint Procedures. (Appendix 1) Education & Prevention To ensure harassment and bullying behavior does not occur on school campuses or during school events whether on or off campus, the District and school sites shall offer training and intervention programs for students and staff, which will enhance self-esteem, raise student awareness and sensitivity, and foster respect for individuals and their unique qualities. These programs reinforce the school s capacity to maintain a safe and healthy learning environment. School staff is encouraged to develop transition programs from elementary to middle schools that include education of the signs and symptoms of bullying and harassment and training programs that teach anti-bullying strategies. Teachers should discuss this policy with their students in age-appropriate ways and should assure them that they need not endure any form of harassment. Each school will develop anti -harassment / anti -bullying procedures to be followed by every student and staff while on school grounds, or when traveling to and from school or a schoolsponsored activity, and during lunch period, whether on or off campus. These procedures will be based on the District policy.

7 AR (e) The Schools Anti- Bullying Policy may include the following features: (a). A statement of the school's stand against bullying (b). A succinct definition of bullying (c). A declaration of the rights of individuals in the school community - students, teachers, other workers and parents - to be free of bullying (d). A statement of the responsibilities of all those who see bullying going on to seek to stop it. (e). A general description of what the school will do to deal with incidents of bullying The policy should reflect the views and values of members of a school community in its own unique circumstances. The means by which it is finally determined are as important as the content, for unless it helps in promoting a whole school community approach its effectiveness will be limited. Example of Student Code of Conduct Procedures (Appendix 2) Notification At the beginning of each school year, all students and their parents will be notified of this policy on an annual basis.

8 AR (f) Appendix 1: Uniform Complaint Procedures The responsibilities of the complainant, the local educational agency, and the California Department of Education according to California Code of Regulations, Title 5, sections What is a Uniform Complaints Procedures or UCP complaint? A Uniform Complaint Procedures or UCP complaint is a written statement alleging discrimination, harassment, or a violation of a federal or state law or regulation. A UCP complaint must be filed by way of the Uniform Complaint Procedures as written in the California Code of Regulations, Title 5, and sections Issues that may involve filing a complaint using the UCP are under various state and federal programs that use categorical funds such as Adult Education, Career Technical And Technical Education And Training Programs, Child Care And Developmental Programs, Child Nutrition Programs, Consolidated Categorical Aid Programs, Federal Safety Planning Requirements, Migrant Education, and Special Education Programs. A Williams Complaint, another type of UCP complaint, regards instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils, and teacher vacancy or misassignment and may be filed anonymously. Local educational agencies (LEAs) shall have a complaint form available for these types of complaints, but will not reject a complaint if the form is not used as long as the complaint is submitted in writing. A Valenzuela complaint (Assembly Bill 347) is a type of Williams Complaint and requires LEAs that receive intensive instruction funds to post a notice in Grades 10 to 12 classrooms and provide an area on the Williams Complaint form for alleging a lack of opportunity to receive intensive instruction and services for pupils who have not passed one or both parts of the high school exit exam by the end of 12th grade. This requirement is subject to SBX3 4 (Ch. 12, Third Extraordinary Session, Statutes of 2009), ABX4 2 (Ch. 2, Fourth Extraordinary Session, Statutes of 2009), Education Code Section 42605, and/or existing contract or bargaining agreements that the LEA may have in place. Not all complaints fall under the scope of the UCP. Many concerns are the responsibilities of the LEAs, including, hiring and evaluation of staff, classroom assignments, student advancement and retention, selection/provision of textbooks and materials, student discipline, provision of core curricula subjects, facilities, graduation requirements, homework policies and practices, use of general education funds and dress codes and school uniforms. The following documents describe the process in filing a complaint. Topics include referring complaint issues, LEA responsibilities, LEA policies and procedures, filing a local complaint, time lines, appealing LEA Decisions, department resolution procedures, the on-site investigation process, and the investigation and final report procedures of the California Department of Education (CDE).

9 AR (g) Available UCP Information and Samples Uniform Complaint Procedures (UCP) brochure (Dated 26-Jan-2009; PDF; 91KB; 2pp.) Authorized by California Code of Regulations, Title 5, sections Uniform Complaint Procedures (UCP) brochure text (Dated 14-Nov-2008; DOC; 49.5KB; 4pp.) Authorized by California Code of Regulations, Title 5, sections Available Translations of the Uniform Complaint Procedures (UCP) brochure text The UCP brochure describes the process in filing an official UCP complaint under the Uniform Complaint Procedures process and provides the contacts at the California Department of Education (CDE) as authorized by California Code of Regulations, Title 5, sections 4600 through This is a document for CDE use and is not meant to be used by LEAs in place of their own UCP Annual Notice. Samples Sample UCP Annual Notice (Dated 15-Dec-2010; DOC; 46 KB; 2pp.) The Sample UCP Annual Notice is required for all LEAs to annually notify in writing its students, employees, parents or guardians of its students, the district advisory committee, school advisory committees, appropriate private school officials or representatives, and other interested parties of their own UCP complaint procedures. (Translations of the Sample UCP Annual Notice are not available at this time-keep checking back on this website.) Sample Notice to Parents and Guardians - Complaint Rights (Dated 10-Nov-2008; DOC; 30KB; 1p.) Sample Notice to Parents and Guardians - Complaint Rights (Spanish) (Dated 28-Sep-2007; DOC; 32KB; 2pp.) Other Available Translations of the Sample Notice to Parents and Guardians Complaint Rights The Sample Notice to Parents and Guardians Complaint Rights is the Williams Complaints Classroom Notice. This notice is required by all LEAs to post in each classroom in each school notifying all parents/guardians, pupils and teachers of their rights to complain about possible insufficient instructional material, unclean and/or unsafe school facilities, and/or teacher vacancies and/or misassignments. Sample Uniform Complaint Procedure Form (Dated 26-Aug-2009; DOC; 32KB; 1p.) Sample Uniform Complaint Procedure Form (Spanish) (Dated 28-Sep-2007; DOC; 31KB; 2pp.) Other Available Translations of the Sample Uniform Complaint Procedure Form The Sample Uniform Complaint Procedure Form is for Williams Complaints issues and is used by LEAs for anyone who wants to file a complaint concerning deficiencies related to instructional materials, conditions of facilities that are not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment. This form contains elements required by Education Code Section and 5CCR

10 AR (h) Appendix 2. Sample Student Code of Conduct The Student Code of Conduct may includes but is not limited to: Any student who engages in harassment may be subject to disciplinary action up to and including expulsion. People witnessing or experiencing harassment should report the incident immediately to school staff or administration; such reporting will not reflect on the victim or witnesses in any way. School administration will promptly investigate each reported complaint of harassment in a thorough and confidential manner. If the complainant student or the parent of the student feels that appropriate resolution of the investigation or complaint has not been reached, the student or the parent of the student should contact the principal or the District Office. The school system prohibits retaliatory behavior against any complainant or any participant in the complaint process. Regulation approved: September 22, 2011 SAN CARLOS SCHOOL DISTRICT San Carlos, California