| Akron City Schools |
| Bylaws & Policies |
5517.01 - ANTI-BULLYING
The Board of Education is committed to providing a safe, positive, productive, and nurturing educational environment for all of its students. The Board prohibits acts of bullying, harassment or intimidation. Demonstration of appropriate behavior, treating others with civility and respect, and refusing to tolerate bullying, harassment or intimidation is expected of administrators, faculty, staff and volunteers to provide examples for student behavior.
"Bullying, harassment or intimidation"
means any intentional written, graphic, verbal, or physical act that a student has exhibited toward another student more than once and the behavior both:| A. | causes mental or physical harm to the other student; and | ||
| B. | is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student. |
"Bullying, harassment or intimidation"
also means any intentional written, graphic, verbal, or physical act that a student has exhibited toward another student more than once and is reasonably perceived as being motivated either by an actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identify and expression; or mental, physical, or sensory disability or impairment; or by any other distinguishing characteristic, and the behavior both:| A. | causes mental or physical harm to the other student; and | ||
| B. | is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student. |
This policy applies to all activities in the District, including activities on school property or while en route to or from school and those occurring off school property if the student 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 or in a school vehicle.
This policy and its administrative guidelines have 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.
PROHIBITED CONDUCT
Bullying, harassment and intimidation would include, but not be limited to, such behaviors as stalking, bullying/cyberbullying, intimidating, menacing, coercion, name-calling, taunting, making threats, and hazing. The administrative guidelines shall provide additional examples of prohibited conduct under this policy.
ENCOURAGEMENT TO REPORT
If a student believes that they are a victim of conduct prohibited under this policy, regardless of whether it fits a particular definition, s/he should report it to the building principal or assistant principal and allow the administration to investigate and determine the appropriate course of action.
REPORTING PROCEDURES
The building principal or assistant principal shall request that the alleged victim student provide a written complaint, signed by the student. The student may also report concerns to a teacher or counselor who shall also request that the student place his/her complaint in writing. The teacher or counselor will then be responsible for notifying the principal or assistant principal.
Any employee who has knowledge of conduct in violation of Policy 5517.01
shall immediately report his/her concerns to the principal or assistant principal.COMPLAINT PROCEDURE
Students and/or their parents or guardians may file written reports regarding suspected bullying behaviors. Such reports shall be as specific as possible and include the person(s) involved, number of times and places of the alleged conduct, the target of the suspected bullying, harassment, or intimidation and the names of any potential student or staff witnesses. Such reports shall be forwarded to the school principal or assistant principal for investigation. The school principal or assistant principal shall document the report into the District’s electronic disciplinary log.
Students and/or their parents or guardians may also make informal complaints of suspected bullying, harassment, or intimidation by verbal or written report to a teacher or school administrator. Such informal complaints should be 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. Any teacher or other school administrator who receives an informal complaint shall document the complaint in writing, including the information provided, and shall promptly forward this written report to the school principal or assistant principal for investigation and appropriate action. The principal or assistant principal shall document the report into the District’s electronic disciplinary log.
ANONYMOUS COMPLAINTS
Students 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 bullying, harassment or intimidation.
When a student, 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 complainant. 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.
INVESTIGATION
All complaints of behavior that may violate this policy shall be promptly investigated by the principal or assistant principal. If the investigation finds the instance of the behavior prohibited by this policy has been substantiated, it will result in prompt and appropriate remedial and/or disciplinary action, pursuant to the Student Code of Conduct. This may include (but is not limited to) mediation (if appropriate), counseling session(s) with the District’s bullying specialist or counselor, participation in an anti-bullying program, or suspension up to and including expulsion. Perpetrators may also be referred to law enforcement officials.
PROHIBITION ON RETALIATION
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 the conduct outlined in this policy is prohibited and will not be tolerated. Such retaliation shall be considered a serious violation of this Board policy and independent of whether a complaint is substantiated. Suspected retaliation should be reported in the same manner as bullying behavior.
FALSE REPORTS
Making knowingly false complaints against an individual for the purpose of getting someone in trouble is similarly prohibited. Retaliation and intentionally false reports may result in disciplinary action as indicated above.
CONSIDERATION OF FIRST AMENDMENT RIGHTS
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).
NOTIFICATION TO COMPLAINANT
The complainant shall be notified of the findings of the investigation, and as appropriate, that remedial action has been taken. If after the investigation, acts of bullying, harassment, or intimidation are substantiated, the building principal or assistant principal shall notify the parent/guardian of the victim of such finding. In providing such notification care shall be taken to respect the statutory privacy rights of the alleged perpetrator.
NOTIFICATION TO THE PERPETRATOR
If after investigation, prohibited behavior by a specific student is substantiated, the building principal or assistant principal, shall notify the parent/guardian of the perpetrator of the finding in writing. If disciplinary consequences are going to be imposed against the perpetrator, a description of such discipline shall be included in the notification and the student must be afforded due process in accordance with the District’s standard disciplinary policy.
PRIVACY AND CONFIDENTIALITY
The School District will respect the privacy of the complainant, the individual(s) against who the complaint if 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 the terms of this policy and its related administrative guidelines shall be maintained as confidential educational records to the extent permitted by law.
DISTRICT REPORTING REQUIREMENT
Semi-annually, the Superintendent shall receive a report of all reported incidents of bullying, harassment or intimidation under this policy. The Superintendent shall then forward the report to the President of the Board. Semi-annually, a summary of the report will be posted on the District’s website. The published summary report shall be limited to "substantiated" incidents and in accordance with the Superintendent’s administrative guidelines.
DUTY TO REPORT
Allegations of criminal misconduct and suspected child abuse shall be reported to the appropriate law enforcement agency and/or to Child Protective Services in accordance with Ohio law. District personnel shall cooperate with investigations by such agencies.
IMMUNITY
A School District employee, student or volunteer shall be individually immune from liability in a civil action for damages from reporting an incident in accordance with this policy and R.C. 3313.666 if that person reports an incident of bullying, harassment, or intimidation promptly, in good faith, and in compliance with the procedures specified in this policy and guidelines. Such immunity from liability shall not apply to an employee, student or volunteer determined to have made a knowingly false report or complaint under this policy.
ANNUAL NOTIFICATION OF POLICY
Notice of this policy will be annually circulated to and posted in conspicuous locations in all school buildings and discussed with students, as well as incorporated into the teacher, student, and parent/guardian handbooks. Policy 5517.01 shall appear in student handbooks as well as other publications that set forth the comprehensive rules, procedures and standards of conduct as well as the employee training manuals. 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 Policy 5517.01 and the related complaint procedures.
EDUCATION AND TRAINING
In support of this policy, the Board promotes preventative educational measures to create greater awareness of bullying, harassment or intimidation behavior. The Superintendent or designee(s) 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 the behavior prohibited by this policy, shall be age and content appropriate.
To the extent that State or Federal funds are appropriated for these purposes, the District shall provide training, workshops, and/or courses on this policy for school employees and volunteers who have direct conduct with students. Time spent by school staff in these training programs shall apply toward mandated continuing education requirements.
The Superintendent is directed to develop administrative guidelines to implement this policy. Guidelines shall include detailed reporting and investigative procedures. The complaint and investigative procedures established by the Superintendent shall be followed by all District staff.
Adopted 1/24/05
Revised 1/8/07
Revised 7/28/08