Bylaws and Policies 5517.01 – Bullying and Other Forms of Agressive Behavior
(CLICK HERE to download Bullying Complaint Form.)
The Board of Education is committed to providing a safe, positive, productive and nurturing educational environment for all of its students. The Board encourages the promotion of positive interpersonal relations between members of the school community.
Harassment, intimidation or bullying toward a student – whether by other students, staff or third parties – is strictly prohibited and will not be tolerated. This prohibition includes aggressive behavior; physical, verbal and psychological abuse; and violence within a dating relationship. The Board will not tolerate any gestures, comments, threats or actions which cause or threaten to cause bodily harm or personal degradation. This policy applies to all activities in the District – including activities on school property, on a school bus or while en-route to or from school, and those occurring off school property if the student or employee is at any school-sponsored, school-approved or school-related activity or function such as field trips or athletic events where students are under the school's control, in a school vehicle, or where an employee is engaged in school business.
This policy has been developed in consultation with parents, District employees, volunteers, students and community members as prescribed in R.C. 3313.666 and the State Board of Education's Model Policy.
Harassment, intimidation or bullying means:
A. any intentional written, verbal, electronic or physical act that a student or group of students exhibits toward another particular student(s) more than once and the behavior both causes mental or physical harm to the other student(s) and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for the other student(s); or
B. violence within a dating relationship.
"Electronic act" means an act committed through the use of a cellular telephone, computer, pager, personal communication device or other electronic communication device.
Aggressive behavior is defined as inappropriate conduct that is repeated enough, or serious enough, to negatively impact a student's educational, physical or emotional well-being. This type of behavior is a form of intimidation and harassment, although it need not be based on any of the legally protected characteristics such as sex, race, color, national origin, marital status or disability. It would include, but not be limited to, such behaviors as stalking, bullying/cyberbullying, intimidating, menacing, coercion, name calling, taunting, making threats and hazing.
Harassment, intimidation or bullying also means cyberbullying through electronically transmitted acts (i.e., Internet, e-mail, cellular telephone, personal digital assistance (PDA) or wireless hand-held device) that a student(s) or a group of students exhibits toward another particular student(s) more than once and the behavior both causes mental and/or physical harm to the other student and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for the other student(s).
Any student or student's parent/guardian who believes s/he has been or is the victim of aggressive behavior should immediately report the situation to the building principal or assistant principal or the Superintendent. The student may also report concerns to teachers and other school staff who will be responsible for notifying the appropriate administrator or Board official. Complaints against the building principal should be filed with the Superintendent. Complaints against the Superintendent should be filed with the Board President.
Every student is encouraged, and every staff member is required, to report any situation that they believe to be aggressive behavior directed toward a student. Reports may be made to those identified above.
All complaints about aggressive behavior that may violate this policy shall be promptly investigated. The building principal or appropriate administrator shall prepare a written report of the investigation upon completion. Such report shall include findings of fact; a determination of whether acts of harassment, intimidation and/or bullying were verified; and, when prohibited acts are verified, a recommendation for intervention, including disciplinary action shall be included in the report. Where appropriate, written witness statements shall be attached to the report.
If the investigation finds an instance of harassment, intimidation and/or bullying/cyberbullying by an electronic act or otherwise has occurred, it will result in prompt and appropriate remedial and/or disciplinary action. This may include suspension or up to expulsion for students; up to discharge for employees; exclusion for parents, guests, volunteers and contractors; and removal from any official position and/or a request to resign for Board members. Individuals may also be referred to law enforcement officials.
Retaliation against any person who reports, is thought to have reported, files a complaint, or otherwise participates in an investigation or inquiry concerning allegations of aggressive behavior is prohibited and will not be tolerated. Such retaliation shall be considered a serious violation of Board policy and independent of whether a complaint is substantiated. Suspected retaliation should be reported in the same manner as aggressive behavior. Retaliation may result in disciplinary action as indicated above.
Deliberately making false reports about harassment, intimidation, bullying and/or other aggressive behavior for the purpose of getting someone in trouble is similarly prohibited and will not be tolerated. Deliberately making false reports may result in disciplinary action as indicated above.
If a student or other individual believes there has been aggressive behavior, regardless of whether it fits a particular definition, s/he should report it and allow the administration to determine the appropriate course of action.
The District shall implement intervention strategies (AG 5517.01) to protect a victim or other person from new or additional harassment, intimidation or bullying and from retaliation following such a report.
This policy shall not be interpreted to infringe upon the First Amendment rights of students (i.e., to prohibit a reasoned and civil exchange of opinions, or debate, that is conducted at appropriate times and places during the school day and is protected by State or Federal law).
The complainant shall be notified of the findings of the investigation, and as appropriate, that remedial action has been taken. If after investigation, acts of bullying against a specific student are verified, the building principal or appropriate administrator shall notify the custodial parent/guardian of the victim of such finding. In providing such notification, care shall be taken to respect the statutory privacy rights of the perpetrator of such harassment, intimidation and/or bullying.
If after investigation, acts of harassment, intimidation and/or bullying by a specific student are verified, the building principal or appropriate administrator shall notify in writing the custodial parent/guardian of the perpetrator of that finding. If disciplinary consequences are imposed against such student, a description of such discipline shall be included in the notification.
Students and/or their parents/guardians may file reports regarding suspected harassment, intimidation or bullying. Such reports shall be reasonably specific including person(s) involved; number of times and places of the alleged conduct; the target of suspected harassment, intimidation and/or bullying; and the names of any potential student or staff witnesses. Such reports may be filed with any school staff member or administrator, and they shall be promptly forwarded to the building principal for review, investigation and action.
Students, parents/guardians and school personnel may make informal or anonymous complaints of conduct that they consider to be harassment, intimidation and/or bullying by verbal report to a teacher, school administrator or other school personnel. Such complaints shall be reasonably specific including person(s) involved; number of times and places of the alleged conduct; the target of suspected harassment, intimidation and/or bullying; and the names of any potential student or staff witnesses. A school staff member or administrator who receives an informal or anonymous complaint shall promptly document the complaint in writing, including the information provided. This written report shall be promptly forwarded by the school staff member and/or administrator to the building principal for review, investigation and appropriate action.
Individuals who make informal complaints as provided above may request that their name be maintained in confidence by the school staff member(s) and administrator(s) who receive the complaint. Anonymous complaints shall be reviewed and reasonable action shall be taken to address the situation, to the extent such action may be taken that (1) does not disclose the source of the complaint and (2) is consistent with the due process rights of the student(s) alleged to have committed acts of harassment, intimidation and/or bullying.
When an individual making an informal complaint has requested anonymity, the investigation of such complaint shall be limited as is appropriate in view of the anonymity of the complaint. Such limitation of investigation may include restricting action to a simple review of the complaint subject to receipt of further information and/or the withdrawal by the complaining student of the condition that his/her report be anonymous.
The School District will respect the privacy of the complainant, the individual(s) against whom the complaint is filed and the witnesses as much as possible, consistent with the Board’s legal obligations to investigate, to take appropriate action and to conform with any discovery or disclosure obligations. All records generated under this policy and its related administrative guidelines shall be maintained as confidential to the extent permitted by law.
At least semi-annually, the Superintendent shall provide to the President of the Board a written summary of all reported incidents and post the summary on the District website (if one exists). The list shall be limited to the number of verified acts of harassment, intimidation and/or bullying, whether in the classroom, on school property, to and from school, or at school-sponsored events.
Allegations of criminal misconduct and suspected child abuse will be reported to the appropriate law enforcement agency and/or to Child Protective Services in accordance with statute. District personnel shall cooperate with investigations by such agencies.
A School District employee, student or volunteer shall be individually immune from liability in a civil action for damages arising from reporting an incident in accordance with this policy and R.C. 3313.666 if that person reports an incident of harassment, intimidation and/or bullying promptly, in good faith and in compliance with the procedures specified in this policy. Such immunity from liability shall not apply to an employee, student or volunteer determined to have made an intentionally false report about harassment, intimidation and/or bullying.
Notice of this policy will be annually circulated to and posted in conspicuous locations in all school buildings and departments within the District and discussed with students, as well as incorporated into the teacher, student and parent/guardian handbooks. At least once each school year, a written statement describing the policy and consequences for violations of the policy shall be sent to each student's custodial parent or guardian.
The policy and an explanation of the seriousness of bullying by electronic means shall be made available to students in the District and to their custodial parents or guardians.
State and Federal rights posters on discrimination and harassment shall also be posted at each building. All new hires will be required to review and sign off on this policy and the related complaint procedures.
Education and Training
In support of this policy, the Board promotes preventative educational measures to create greater awareness of aggressive behavior, including bullying and violence within a dating relationship. The Superintendent or designee shall provide appropriate training to all members of the School District community related to the implementation of this policy and its accompanying administrative guidelines. All training regarding the Board’s policy and administrative guidelines and aggressive behavior and bullying in general will be age- and content-appropriate.
Annually, the District shall provide all students enrolled in the District with age-appropriate instruction regarding the Board's policy, including a written or verbal discussion of the consequences for violations of the policy to the extent that State or Federal funds are appropriated for this purpose.
Students in grades seven (7) through twelve (12) shall receive age-appropriate instruction in dating violence prevention education, including instruction in recognizing dating violence warning signs and characteristics of healthy relationships. Parents, who submit a written request to the building principal to examine the dating violence prevention instruction materials used in the school, will be afforded an opportunity to review the materials within a reasonable period of time.
The District shall provide training, workshops and/or courses on this policy for school employees and volunteers who have direct contact with students, to the extent that State or Federal funds are appropriated for these purposes. Time spent by school staff in these training programs shall apply toward mandated continuing education requirements.
In accordance with Board Policy 8462, the Superintendent shall include a review of this policy on bullying and other forms of harassment in the required training in the prevention of child abuse, violence and substance abuse and the promotion of positive youth development.
The Superintendent shall develop administrative guidelines to implement this policy. Guidelines shall include reporting and investigative procedures, as needed. The complaint procedure established by the Superintendent shall be followed.
R.C. 3313.666, 3313.667
State Board of Education Model Policy (2007)
© Neola 2012