103.1 - Anti-Bullying & Anti-Harassment

The Linn-Mar 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 and volunteers to maintain a safe and civil environment, and the ability of students to learn and succeed.

Bullying and/or harassment of students, employees, and volunteers is against federal, state, and local policy and are not tolerated by the school 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.

The school board also requires all persons, agencies, vendors, contractors, and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal, state, and local laws, executive orders, rules, and regulations pertaining to bullying/harassment, compliance, and equal opportunity.

To that end, the school board has policies, procedures, and practices in place that are designed to reduce and eliminate bullying and harassment, as well as processes and procedures to deal with incidents of bullying and harassment. The superintendent [or designee] 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. (Policy 103.1-R)

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 and/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, student, or a student’s parent/guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation (Policy 103.1-R), to the appropriate school official designated by the 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 meanings:

Electronic means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager services, cell phones, and electronic text messaging or similar technologies.
Harassment and Bullying mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions:
1. Places the individual in reasonable fear of harm to the individual’s person or property;
2. Has a substantial detrimental effect on the individual’s physical or mental health;
3. Has the effect of substantially interfering with the individual’s academic or career performance; or
4. Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
Sexual Harassment means unwelcome sexual advances; requests for sexual favors; or verbal, non-verbal, or physical conduct of a sexual nature may constitute sexual harassment where:
1. Submission to such conduct is made either explicitly or implicitly as a term or condition of a person’s employment or educational development;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile, or offensive working or educational environment.
Trait or Characteristic of the Individual includes but is not limited to age, color creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, genetic information, physical or mental ability or disability, ancestry, political party preference, political belief, military status, socioeconomic status, pregnancy, or familial status.
Volunteers means any individuals who have regular, significant contact with students.

PUBLICATION OF POLICY
The school board will publish this policy on an annual basis. The policy may be publicized by the following means:

Inclusion in the student handbook
Inclusion in the employee handbook
Inclusion in the registration materials
Inclusion on the school or district website
Inclusion on student and employee display boards
Inclusion in volunteer registration materials and information

Adopted: 8/07
Reviewed: 9/10; 4/13; 9/16; 3/23
Revised: 10/11; 7/13; 5/14; 6/20; 8/23
Related Policy: 103.1-R; 103.1-E1-E3
Legal Reference (Code of Iowa): §§ 216.9; 280.28; 280.3
IASB Reference: 104
Mandatory Policy

103.1-R - Regulations Regarding Anti-Bullying & Anti-Harassment Investigations

Individuals who feel that they have been bullied or harassed should:

1. If the individual is comfortable doing so, communicate to the bully/harasser that the individual expects the behavior to stop. If the individual wants assistance communicating with the bully/harasser, the individual should ask a teacher, counselor, or principal for help.

2. If the harassment does not stop or the individual does not feel comfortable confronting the bully/harasser, the individual should:

Tell a teacher, counselor, or principal;
Write down exactly what happened, keep a copy, and give another copy to the teacher, counselor, or principal including the following information:
- What, when, and where the incident occurred;
- Who was involved in the incident;
- Exactly what was said or what the bully/harasser did;
- Names of witnesses to the harassment;
- What the victim said or did either at the time or later;
- How the victim felt;
- How the bully/harasser responded; and
- Any additional information deemed pertinent.

FILING A COMPLAINT
An individual who believes they have been bullied or harassed may file a complaint with the district’s equity coordinators (hereinafter “investigators”) who will investigate the complaint. (Refer to Policy 103.1-E1) If the complainant is a school employee, after filing the complaint with the investigators, the employee may separately notify the parent or guardian of the student alleged to have been harassed or bullied.

Equity Coordinator/Title IX Coordinator/Affirmative Action Coordinator:
Karla Christian, Chief Human Resources Officer
319-447-3036 / kchristian@Linnmar.k12.ia.us

Equity Coordinator:
Nathan Wear, Associate Superintendent
319-447-3028 / nathan.wear@Linnmar.k12.ia.us

Special Education/Student Services Equity Coordinator:
Melissa Frick, Executive Director of Student Services
319-730-3663 / melissa.frick@Linnmar.k12.ia.us

Address: 3556 Winslow Road, Marion, IA 52302
Fax: 319-403-8008

An alternate investigator will be designated in the event it is claimed that the district’s equity coordinator(s) committed the alleged bullying or harassment, or some other conflict of interest exists.

Complaints shall be filed within 180 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 equity coordinators (hereinafter “investigators”) will be responsible for handling all complaints alleging bullying or harassment or appoint a qualified person to undertake the investigation. The investigators, along with the building principal, have the authority to initiate an investigation in the absence of a written complaint. (Refer to Policy 103.1-E2)

The investigation may include, but is not limited to the following:

Interviews with the complainant and the individual named in the complaint (“respondent”);
A request for the complainant to provide a written statement regarding the nature of the complaint;
A request for the respondent to provide a written statement;
Interviews with witnesses identified during the course of the investigation;
A request for witnesses identified during the course of the investigation to provide a written statement; and
Review and collection of documentation or information deemed relevant to the investigation.

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 to the superintendent if the investigation involved the building principal.

Following receipt of the Investigator’s report the building principal may investigate further, if deemed necessary, and make a determination of any appropriate additional steps, which may include discipline. Prior to the determination of the appropriate remedial action the building principal may, at their discretion, interview the complainant and the respondent. At the conclusion of the additional investigation, the building principal will file a written report closing the case and documenting any disciplinary action taken or any other action taken in response to the complaint. The complainant, the respondent, and the investigator shall receive notice as to the conclusion of the building principal’s additional investigation. The building principal will maintain a log of information necessary to comply with Iowa Department of Education reporting procedures.

The complaint and identity of the complainant, the respondent, or witnesses shall 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 investigators, building principal, or superintendent, depending on the individuals involved, shall inform the complainant and the accused about the outcome of the investigation. (Refer to Policy 103.1-E3)

If, after an investigation, a student is found to be in violation of 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 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 removal from service and 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, removal of service and exclusion from school grounds.

Reports of false complaints, false statements, or retaliation should be submitted to the district’s equity coordinators.

It is the responsibility of the superintendent, in conjunction with the equity coordinators and building principals, to develop district procedures regarding anti-bullying/harassment. The superintendent [or designee] will also be responsible for organizing training programs for students, school employees, and volunteers regarding how to recognize bullying and harassing behavior and what do to if this behavior is witnessed.

The superintendent [or designee] is responsible for developing a process for evaluating the effectiveness of policy in reducing bullying and harassment and will report on the progress of reducing bullying and harassment to the school board.

Adopted: 6/00
Reviewed: 9/10; 10/11; 4/13; 5/14; 9/16; 3/23
Revised: 7/13; 6/20; 8/23; 10/23; 9/24
Related Policy: 103.1; 103.1.E1-E3
IASB Reference: 104-R(1)

103.1-E1 - Anti-Bullying & Anti-Harassment Complaint Form

CLICK HERE TO DOWNLOAD THE FORM

Name of Person Filing Complaint (Complainant):
Relationship of Complainant to District:
Date of Complaint:
Name of Alleged Victim:
Name of Alleged Bully/Harasser:
Date and Place of Alleged Incident:

Nature of alleged bullying/harassment: (Check all that apply)

	Age		Marital Status
	Color		Sex
	Creed		Sexual Orientation
	National Origin		Gender Identity
	Race		Political Party Preference
	Religion		Political Beliefs
	Ancestry		Socioeconomic Status
	Physical Attributes		Familial Status
	Genetic Information		Pregnancy
	Physical/Mental Ability or Disability		Military Status
	Other - Please Specify

Description of Misconduct (Attach additional pages if needed):

Name of Witness (if any):

Evidence of bullying/harassment or bullying such as letters, photos, etc. (Attach evidence, if possible):

I agree that all the information on this form is accurate and true to the best of my knowledge.

Complainant's Signature:
Date:

Please return this completed form to:
Equity Coordinator/Title IX Coordinator/Affirmative Action Coordinator:
Karla Christian, Chief Human Resources Officer
319-447-3036 / kchristian@Linnmar.k12.ia.us

Equity Coordinator:
Nathan Wear, Associate Superintendent
319-447-3028 / nathan.wear@Linnmar.k12.ia.us

Special Education/Student Services Equity Coordinator:
Melissa Frick, Executive Director of Student Services
319-730-3663 / melissa.frick@Linnmar.k12.ia.us

Address: 3556 Winslow Road, Marion, IA 52302
Fax: 319-403-8008

Reviewed: 5/14; 9/16; 3/23
Revised: 6/20; 10/23; 9/24
Related Policy: 103.1; 103.1-R; 103.1-E2-E3
IASB Reference: 104-E(1)

103.1-E2 - Anti-Bullying & Anti-Harassment Witness Disclosure Form

CLICK HERE TO DOWNLOAD THE FORM

Name of Witness:
Position of Witness (Student/Employee/Volunteer):
Date of Interview:
Date of Initial Complaint:

Nature of alleged bullying/harassment (Check all that apply):

	Age		Marital Status
	Color		Sex
	Creed		Sexual Orientation
	National Origin		Gender Identity
	Race		Political Party Preference
	Religion		Political Beliefs
	Ancestry		Socioeconomic Status
	Physical Attributes		Familial Status
	Genetic Information		Pregnancy
	Physical/Mental Ability or Disability		Military Status
	Other - Please specify

Description of Incident Witnessed (Include date and place of incident):

Additional Pertinent Information:

I agree that all of the information is accurate and true to the best of my knowledge.

Witness's Signature:
Date:

Return this completed form to:

Equity Coordinator/Title IX Coordinator/Affirmative Action Coordinator:
Karla Christian, Chief Human Resources Officer
319-447-3036 / kchristian@Linnmar.k12.ia.us

Equity Coordinator:
Nathan Wear, Associate Superintendent
319-447-3028 / nathan.wear@Linnmar.k12.ia.us

Special Education/Student Services Equity Coordinator:
Melissa Frick, Executive Director of Student Services
319-730-3663 / melissa.frick@Linnmar.k12.ia.us

Address: 3556 Winslow Road, Marion, IA 52302
Fax: 319-403-8008

Reviewed: 5/14; 9/16; 3/23
Revised: 6/20; 10/23; 9/24
Related Policy: 103.1; 103.1-R; 103.1-E1, E3
IASB Reference: 104-E(2)

103.1-E3 - Anti-Bullying & Anti-Harassment Disposition of Complaint Form

CLICK HERE TO DOWNLOAD THE FORM

Name of Person Filing Complaint (Complainant):
Relationship of Complainant to District:
Date of Initial Complaint:
Name of Alleged Victim:
Grade or Position and Building of Alleged Victim:
Date and Place of Alleged Incident:
Name and Grade/Position of Alleged Bully/Harasser:

Nature of alleged bullying/harassment (Check all that apply):

	Age		Marital Status
	Color		Sex
	Creed		Sexual Orientation
	National Origin		Gender Identity
	Race		Political Party Preference
	Religion		Political Beliefs
	Ancestry		Socioeconomic Status
	Physical Attributes		Familial Status
	Genetic Information		Pregnancy
	Physical/Mental Ability or Disability		Military Status
	Other - Please Specify

Summary of Investigation (Attach an additional sheet, if needed):

I agree that all of the information is accurate and true to the best of my knowledge.

Signature of Equity Coordinator:
Date:

Reviewed: 5/14; 9/16; 3/23
Revised: 6/20
Related Policy: 103.1; 103.1-R; 103.1-E1-E2
IASB Reference: 104-E(3)