103.1 - Anti-Bullying/Harassment Policy

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 or by students, employees, and volunteers is against federal, state, and local policy and are not tolerated by the 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.

Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy. The superintendent 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.

If, as a result of viewing surveillance system data or based on a report from a district employee the district determines that a student has suffered bullying 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 or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, 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.

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.

RETALIATION PROHIBITED
Retaliation against any person because the person has filed a bullying or harassment complaint or assisted or participated in an investigation is prohibited.

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 service, cell phones, and electronic text messaging.
  • Harassment and Bullying mean any repeated and targeted electronic, written, verbal, or physical act or conduct toward an individual that 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.
    5. If the alleged harassment falls within the definition of ‘sexual harassment’ under Board Policy 104.3, that policy and any associated procedures shall apply.
  • Volunteer means any individuals who have regular, significant contact with students.

PUBLICATION OF POLICY
The 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; or
  • 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; 9/25
Related Policy: 103.1-R; 103.1-E1-E3; 104.3
Legal Reference (Code of Iowa): §§ 279.82; 280.3, .28; 281 IAC 12.3(11)
IASB Reference: 104
Mandatory Policy

103.1-R - Anti-Bullying/Harassment Policy Investigation Procedures

FILING A COMPLAINT
An individual who believes that the individual has been harassed or bullied may file a complaint with the superintendent or superintendent’s designee. The complaint form is available in Policy 103.1-E1. If the complainant is a school employee, after filing the complaint with the superintendent or superintendent’s designee, the employee may separately notify the parent or guardian of the student alleged to have been harassed or bullied.

An alternate investigator will be designated in the event it is claimed that the superintendent or superintendent’s designee 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 district will promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The district’s Nondiscrimination Coordinators (hereinafter “investigator”) will be responsible for handling all complaints alleging bullying or harassment.

The district’s Nondiscrimination Coordinators are:

Equal Employment/Nondiscrimination Coordinator/Title IX Coordinator:
Karla Christian, Chief Human Resources Officer
319-447-3036 / kchristian@Linnmar.k12.ia.us 

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

Special Education/Student Services Nondiscrimination Coordinator:
Anne Faber, Executive Director of Student Services
319-730-3663 / anne.faber@Linnmar.k12.ia.us

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

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

  1. Interviews with the complainant and the individual named in the complaint (“respondent”);
  2. A request for the complainant to provide a written statement regarding the nature of the complaint;
  3. A request for the respondent to provide a written statement;
  4. Interviews with witnesses identified during the course of the investigation;
  5. A request for witnesses identified during the course of the investigation to provide a written statement; and
  6. 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.

The complaint and identity of the complainant, respondent, or witnesses will 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 investigator, building principal, or superintendent, depending on the individuals involved, shall inform the complainant and the accused about the outcome of the investigation. 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 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, exclusion from school grounds.

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; 9/25
Related Policy: 103.1; 103.1-E1-E3
IASB Reference: 104-R(1)

103.1-E1 - Anti-Bullying/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:
Names of Witnesses (if any):

In the space below, please describe what happened and why you believe that you or someone else has been bullied/harassed. Please be as specific as possible and attach additional pages if necessary.
______________________________________________________________________________
______________________________________________________________________________

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:
Equal Employment/Nondiscrimination Coordinator/Title IX Coordinator:
Karla Christian, Chief Human Resources Officer
319-447-3036 / kchristian@Linnmar.k12.ia.us

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

Special Education/Student Services Nondiscrimination Coordinator:
Anne Faber, Executive Director of Student Services
319-730-3663 / anne.faber@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; 9/25
Related Policy: 103.1; 103.1-R; 103.E2-E3
IASB Reference: 104-E(1)

103.1-E2 - Anti-Bullying/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:

Description of Incidents Witnessed (Include date and place of incidents):
____________________________________________________________________________
____________________________________________________________________________

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:

Equal Employment/Nondiscrimination Coordinator/Title IX Coordinator:
Karla Christian, Chief Human Resources Officer
319-447-3036 / kchristian@Linnmar.k12.ia.us

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

Special Education/Student Services Nondiscrimination Coordinator:
Anne Faber, Executive Director of Student Services
319-730-3663 / anne.faber@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; 9/25
Related Policy: 103.1; 103.1-R; 103.E1; 103.1-E3
IASB Reference: 104-E(2)

103.1-E3 - Anti-Bullying/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 (List Specific Examples):
_________________________________________________________________________
_________________________________________________________________________

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 Nondiscrimination Coordinator:
Date:

Reviewed: 5/14; 9/16; 3/23
Revised: 6/20; 9/25
Related Policy: 103.1; 103.1-R; 103.1-E1-E2
IASB Reference: 104-E(3)