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:

  1. Tell a teacher, counselor, or principal;
  2. 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:

  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.

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)