Policy 4116.55 & 5131.15 LAMPETER-STRASBURG SCHOOL DISTRICT Lampeter, Pennsylvania 17537 HARASSMENT/DISCRIMINATION/HAZING/BULLYING/CYBER BULLYING The Board of the Lampeter-Strasburg School District is committed to providing a safe, positive learning climate for employees and students. It is the policy of the School District to maintain an employment environment and an educational environment in which harassment, discrimination, hazing, bullying, and cyber bullying in any form are not tolerated. A. DEFINITIONS Bullying is unwelcome verbal, written, or physical conduct directed at another member of the school community that has the intent or effect of: 1. Resulting in physical, emotional, or mental harm; 2. Damaging, extorting, or taking personal property without authorization; 3. Creating a reasonable fear of physical, emotional, or mental harm; 4. Creating a reasonable fear of damage to or loss of personal property; or 5. Creating an intimidating or hostile environment that interferes with the educational process. Cyber bullying includes, but is not limited to, the following misuses of technology: harassing, teasing, intimidating, threatening, or terrorizing another member of the school community by sending or posting inappropriate or derogatory e-mail messages, instant messages, text messages, digital pictures or images, or Web site posting (including blogs). All forms of cyber bullying are unacceptable and, to the extent that such actions are disruptive of the educational process, offenders shall be subject to appropriate discipline. Discrimination means unfavorable or differential treatment based on a person s race, color, national origin, ethnicity, gender, age, disability, religion, or sexual orientation. Harassment is conduct that intentionally causes alarm to, or seriously annoys, another person and which serves no legitimate purpose, including criminal harassment and stalking as defined by the Pennsylvania Criminal Code. Harassment includes verbal, written, graphic, or physical conduct relating to an individual s race, color, nationality origin/ethnicity, gender, age, handicap/disability, sexual orientation or religion, when such conduct: 1. Is sufficiently severe, persistent, or pervasive that it affects an individual s ability to work or to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive working or educational environment. 2. Has the purpose or effect of substantially or unreasonably interfering with an individual s employment or academic performance. 3. Otherwise adversely affects an individual s employment or learning opportunities. 4. Creates a substantial disruption or the reasonable apprehension of a substantial disruption of the educational environment.
Harassment also includes unwelcome sexual advances, requests for sexual favors, and other inappropriate verbal or physical conduct of sexual nature when: 1. Acceptance of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature is a term or condition of an individual's continued employment. 2. Submission to or rejection of such conduct is the basis for employment or academic decisions affecting the individual. 3. Such conduct has the purpose or effect of unreasonably interfering with an employee's ability to work or a student s opportunity to learn or which creates an intimidating, hostile, or offensive working or academic environment. 4. Such conduct deprives an employee or student of benefits or services. 5. Such conduct is sufficiently severe, persistent, or pervasive that it has the purpose or effect of substantially interfering with the employee s or student s performance or creates an intimidating, hostile, or offensive working or educational environment. Examples of sexual harassment include, but are not limited to, sexual flirtations, advances, touching or propositions; verbal abuse of a sexual nature; graphic or suggestive comments about an individual's dress or body; sexually degrading words used to describe an individual; jokes, pin-ups, calendars, objects, graffiti, vulgar statements, abusive sexual conduct, or any conduct that has the purpose or effect of unreasonably interfering with an employee's ability to work, a student s ability to learn, or which creates an intimidating, hostile, or offensive working or academic environment. Harassment Compliance Official: The person designated by the School District s Superintendent to coordinate and oversee implementation of this Policy. If he/she is not available or is the alleged harasser, the School District s Superintendent shall be the Harassment Compliance Official. Hazing is conduct which recklessly or intentionally endangers the mental or physical health or safety of another person or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any group or organization. Hazing includes any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or any other forced physical activity which could adversely affect the physical health and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual, or any willful destruction or removal of public or private property. The terms bullying, cyber bullying, discrimination, harassment, and hazing shall not be interpreted to infringe upon an individual s right to engage in legally protected speech or conduct. B. STATEMENT OF POLICY All forms of bullying, cyber bullying, discrimination, hazing, and harassment are hereby prohibited. Anyone who engages in any of the aforementioned prohibited behavior in violation of this policy shall be subject to appropriate discipline. 1. The Harassment Compliance Official is the school official designated to receive bullying, cyber bullying, hazing, discrimination, and harassment complaints.
2. Any person who believes he/she has been subjected to bullying, cyber bullying, hazing, discrimination, or harassment shall promptly report such behavior to the Harassment Compliance Official. If the Harassment Compliance Official is the subject of the complaint or is otherwise unavailable, the complainant shall report the complaint directly to the Superintendent or, if the Superintendent is not available, to the person who is responsible for the Superintendent s functions. 3. Complaints of harassment shall be investigated promptly, and corrective action shall be taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the School District s legal and investigative obligations. No reprisals or retaliation shall occur as a result of good faith reports of harassment. 4. Each employee and student shall be responsible to maintain a working and educational environment which is free from all forms of bullying, cyber bullying, discrimination, hazing, and harassment. Any employee who hears, observes, or otherwise becomes aware of any of the aforementioned prohibited behavior, or who reasonably believes that such behavior has occurred, shall immediately report the matter to the Harassment Compliance Official. Any student who believes that prohibited behavior has occurred shall immediately inform the student s teacher (or the building principal if the teacher is unavailable or is the alleged violator) and the Harassment Compliance Official. 5. If a student reports to his/her parent or guardian that the student has been the target of prohibited behavior, the parent or guardian shall immediately inform the Harassment Compliance Official. C. DELEGATION OF RESPONSIBILITY The Superintendent or designee shall ensure that this policy is reviewed annually with employees, students, parents, independent contractors, and volunteers by means of one or more of the following: 1. Distribution of a copy of this policy; 2. Publication in handbooks; 3. Training session(s); 4. Posting of notices/signs; and 5. Other means as determined by the Superintendent. The Superintendent or designee, in cooperation with other appropriate administrators, shall review this policy every three (3) years and recommend necessary revisions to the Board of School Directors. This policy shall be accessible in every classroom. The policy shall be posted in a prominent location where such notices are typically posted. D. HARASSMENT OF EMPLOYEE When an employee believes that he/she is being or has been subjected to harassment, the employee should immediately inform the harasser that his/her behavior is unwelcome, offensive, and inappropriate. In addition, the employee shall immediately inform the Harassment Compliance Official. E. DISCIPLINE 1. A substantiated charge of violation of this policy against a School District employee shall subject such employee to disciplinary action, up to and including discharge. If it is concluded that a student has engaged in conduct which violates this policy, such student shall be subject to disciplinary action, up to and including suspension or expulsion from school.
2. If it is concluded that an employee or a student has falsely accused another member of the school community of violating this policy, such employee or student shall be subject to disciplinary action, up to and including termination of employment or suspension or expulsion from school. F. PROCEDURE AND APPEALS The following procedures shall be followed for reporting and investigation of harassment, and for appeals. 1. Harassment of Employee (a) Complaint Procedure (i) An employee shall report a violation of this policy, orally or in writing, to the Harassment Compliance Official, who shall inform the employee of his/her rights and of the complaint process. (ii) The Harassment Compliance Official shall notify the Superintendent of the complaint and shall conduct an impartial, thorough investigation of the alleged violation. Confidentiality shall be maintained consistent with the School District s legal and investigative obligations. (iii) The investigation may consist of personal interviews with the complainant, the alleged violator and any other individuals who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. In determining whether alleged conduct constitutes a violation of this policy, the Harassment Compliance Official should consider all surrounding circumstances, including any relevant documents, the nature of the behavior, the age and sex of the persons involved, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. (iv) Upon receipt of a report of a violation of this policy, the School District may take immediate steps, at its discretion, to protect the complainant, alleged violator, witnesses, and school employees pending completion of an investigation of the alleged violation and may make any appropriate referrals for assistance, including, but not limited to, counseling, rape crisis intervention, notification of police, etc. The investigation will be completed as soon as practicable and, unless there are exceptional circumstances, within ten (10) days from the complaint or report. The Harassment Compliance Official shall make a written report to the Superintendent upon completion of the investigation. The report shall include a determination as to whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. (v) Following the investigation, the Harassment Compliance Official shall prepare a written report summarizing the investigation and recommending disposition of the complaint, including what action, if any is required. The School District shall take appropriate action in all cases where the Harassment Compliance Official concludes that this policy has been violated. Any person who is determined to have violated this policy shall be subject to disciplinary and other actions, including, but not limited to, warning, exclusion, suspension, expulsion, transfer, termination, discharge or any other remedial action, including, but not limited to, training, education, or counseling. (vi) The Harassment Compliance Official shall maintain the written report of the investigation and results in his/her office. In the case of an investigation conducted by the School District, the Superintendent shall receive a confidential summary of the investigation and
its results. If the Harassment Compliance Official concludes that the policy has been violated by a professional educator or administrator, a report of the findings shall be filed in the employee s personnel file. The complainant and the alleged violator shall be informed of the results of the investigation, including whether the allegations were found to be factual, whether there was a violation of the policy, and whether disciplinary action was or will be taken. (b) Appeal Procedure (i) If the complainant or accused is not satisfied with the outcome of the initial investigation, he/she may file a written appeal to the Superintendent or, if the Superintendent is not available, to the person who is responsible for the Superintendent s functions. (ii) The Superintendent shall review the initial investigation and report and may also conduct an independent investigation. He/she shall prepare a written response to the appeal. Copies of the response shall be provided to the complainant, the accused and others directly involved, as appropriate. 2. Harassment of Student (a) Informal Procedure It may be possible to resolve a complaint through a voluntary conversation between the complaining student and the alleged violator which is facilitated by the Harassment Compliance Official. If the complaining student or alleged violator is a student under the age of 18, the Harassment Compliance Official shall notify the student s parent(s)/guardian(s) unless the Harassment Compliance Official, after consultation with the Superintendent, determines that such notice is not in the best interest of the student. The results of an informal resolution shall be reported to the Superintendent. In the event of not utilizing the informal procedure, or if the informal procedure is unsuccessful, any person may proceed to the formal procedure. Any complaint against a school employee (and any complaint involving another student which is not resolved through the informal procedure) shall be handled through the formal procedure. (b) Formal Procedure (i) The Harassment Compliance Official shall complete a complaint form based on the written or verbal allegations of the student alleging violation of this policy. This complaint form shall be kept in a centralized and secure location. (ii) If a student under 18 years of age is involved, his/her parents shall be notified immediately unless the Harassment Compliance Official, after consultation with the Superintendent, determines that such notice is not in the best interest of the student. (iii) Unless there are exceptional circumstances, an investigation shall be completed by the Harassment Compliance Official within ten (10) days from the date of the complaint or report. (A) The investigation may consist of personal interviews with the complainant, the alleged violator and any other individuals who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. In determining whether alleged conduct constitutes a violation of this policy, the Harassment Compliance Official should consider all surrounding circumstances, including any relevant documents, the nature of the behavior, the age and personal characteristics of the
persons involved, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances. (B) (C) (D) Upon receipt of a reported violation of this policy, the School District may take immediate steps, at its discretion, to protect the complainant, alleged violator, witnesses, and school employees pending completion of an investigation of the alleged violation and may make any appropriate referrals for assistance, including, but not limited to, counseling, rape crisis intervention, notification of police, etc. The investigation will be completed as soon as practicable, and unless there are exceptional circumstances, within ten (10) days from the complaint or report. The Harassment Compliance Official shall make a written report to the Superintendent upon completion of the investigation. The report shall include a determination as to whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. Following the investigation, the Harassment Compliance Official shall recommend to the Superintendent what action, if any, is required. The School District shall take appropriate action in all cases where the Harassment Compliance Official concludes that this policy has been violated. Any person who is determined to have violated this policy shall be subject to disciplinary and other actions, including, but not limited to, warning, exclusion, suspension, expulsion, transfer, termination, discharge or any other remedial action, including, but not limited to, training, education, or counseling. The Harassment Compliance Official shall maintain the written report of the investigation and results in his/her office. In the case of an investigation conducted by the School District, the Superintendent shall receive a confidential summary of the investigation and its results. If the Harassment Compliance Official concludes that the policy has been violated by a professional educator or administrator, a report of the findings shall be filed in the employee s personnel file. The complainant and the alleged violator shall be informed of the results of the investigation, including whether the allegations were found to be factual, whether there was a violation of the policy, and whether disciplinary action was or will be taken. Approved by Board of School Directors 12/07/15 Supersedes Policies Dated 11/07/05, 03/06/06, 02/02/09, and 01/07/13