Surrey Public School Board Policy
Descriptor Term: Descriptor Code: Issued Date: BULLYING ACEA May 2012
Definitions For the purposes of this policy Bullying is defined as: (NDCC 15.1-19-17 through 15.1-19-22)
Prohibitions While at a public school, on school district premises, in a district-owned or leased school bus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event, a student may not:
3. Knowingly file a false bullying report with the District; Off-campus bullying that is received on school property is also prohibited. The District has limited disciplinary authority to respond to such forms of bullying.
Reporting Procedures for Alleged Policy Violations
Should school administration determine that a school staff member knew of or suspected a violation of this policy and failed to report it in accordance with the procedure above, the staff member may be subject to disciplinary consequences or, for sponsors of school-sanctioned activities, other corrective measures.
A complaint filed anonymously may limit the district’s ability to investigate and respond to the alleged violations.
Reporting to Law Enforcement & Others Forms of Redress Anytime a school staff member has reasonable suspicion that a bullying incident constituted a crime, s/he shall report it to law enforcement. Also, nothing in this policy shall prevent a victim/his/her family from seeking redress under state and federal law.
Documentation & Retention The District shall develop a form to report alleged violations of this policy. The form should be completed by school staff when they:
The form should be completed by an administrator when s/he:
All written reports of an alleged violation of this policy received by the District shall be forwarded to the appropriate school administrator for investigation and retention.
Report forms and all other documentation related to an investigation of an alleged violation of this policy shall be retained by the District for six years after a student turns 18 or graduates from high school, whichever is later. If a student does not graduate from the District, such reports and investigation material shall be retained for six years after the student turns 18.
Investigation Procedures School administrators (i.e., a principal, an assistant superintendent, or the Superintendent) are required to investigate violations of this policy (as prescribed under “Prohibitions”), when in receipt of actual notice of an alleged violation. Actual notice of an alleged violation occurs when alleged bullying, reprisal, retaliation, or false reporting is reported using the applicable method(s) prescribed in the reporting section of this policy.
Upon receipt of a report of an alleged policy violation, the designated administrator shall first determine if the alleged policy violation is based on a protected class—whether actual or perceived. Reports involving a protected class shall be investigated in accordance with the district’s harassment/discrimination policy, including the timelines contained therein.
In all other cases, administration shall determine the level of investigation necessary based on the nature of the alleged violation of this policy after considering factors such as, but not limited to: the identity of the reporter and his/her relationship to the victim/alleged perpetrator; the ages of the parties involved; the detail, content, and context of the report; whether this report is the first of its type filed against the alleged perpetrator. Based on the level of investigation the administrator deems necessary, investigations may include any or all of the following steps or any other investigatory steps that the administrator deems necessary: 1. Identification and collection of necessary and obtainable physical evidence (NOTE: In some cases physical evidence may be unobtainable, e.g., a private social networking profile); 2. Interviews with the complainant, the victim, and/or the alleged perpetrator. At no time during an investigation under this policy shall the victim/complainant be required to meet with the alleged perpetrator; 3. Interviews with any identified witnesses; 4. A review of any mitigating or extenuating circumstances; 5. Final analysis and issuance of findings in writing to the victim and bully and, if applicable, implementation of victim protection measures and disciplinary measures under this or other applicable policies.
Investigations shall be completed within 60 days unless the administrator documents good cause for extending this deadline. Such documentation should be sent to victim and alleged perpetrator during the investigation.
Disciplinary & Corrective Measures Students that the District has found to have violated this policy shall be subject to disciplinary consequences and/or corrective measures. When determining the appropriate response to violations of this policy, administration shall take into account the totality of circumstances surrounding the violation. Measures that may be imposed include, but are not limited to:
If the misconduct does not meet this policy’s definition of bullying, it may be addressed under other district disciplinary policies.
For bullying initiated off campus and received on campus (e.g. cyber bullying), the District only has authority to impose disciplinary measures if the bullying substantially disrupted the educational environment or posed a true threat. In all other cases of off campus bullying received on campus, the District may only take corrective measures as described in items five through eight above.
If the perpetrator is a school staff member, the District shall take appropriate disciplinary action including, but not limited to: a reprimand, modification of duties (only if allowed by applicable policy, the negotiated agreement, and/or the individual’s contract), suspension, or a recommendation for termination/discharge in accordance with any applicable law.
Victim Protection Strategies When the District confirms that a violation of this policy has occurred, it should notify the victim’s parents and shall implement victim protection strategies. These strategies shall be developed on a case-by-case basis after administration has reviewed the totality of the circumstances surrounding the bullying incident(s) or other violations of this policy. Strategies may include, but not be limited to, the following: 1. Additional training for all students and applicable staff on implementation of this policy and/or bullying prevention. 2. Notice to the victim’s teachers and other staff to monitor the victim and his/her interaction with peers and/or the assignment of a staff member to escort the student between classes. 3. Assignment of district staff to monitor, more frequently, areas in the school where bullying has occurred. 4. Referral to counseling services for the victim and perpetrator. 5. Modification of the perpetrator’s schedule and other appropriate measures imposed on the perpetrator (not the victim) to minimize the perpetrator’s contact with the victim.
Prevention Programs & Professional Development Activities In accordance with law, the District shall develop and implement bullying prevention programs for all students and staff professional development activities. Complementary Documents AAC-BR, Discrimination & Harassment Grievance Procedure AAC-E2, Filing a State or Federal Discrimination & Harassment Complaint ACEA-E1, Bullying Policy Adoption & Dissemination Checklist ACEA-E2, Bullying Reporting Guidelines ACEA-E3, Student Reporting Form ACEA-E4, Staff Reporting Form FGA, Student Education Records
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Contact: terry.voiles@k12.nd.us |