| School Board of Alachua County |
| Bylaws & Policies |
5517.03 - DATING VIOLENCE OR ABUSE
The Board strictly prohibits any act of dating violence or abuse committed by one student against another on school property, during a school-sponsored activity, or during school-sponsored transportation.
Definition
For purposes of this policy, "dating violence or abuse" means verbal, sexual, or physical behavior used by one person who is in a current or was in a past dating relationship to harm, threaten, intimidate or control the other person in that relationship. The behavior may include insults, coercion, social sabotage, sexual harassment, stalking or threats. The behavior may be a pattern of demeaning, coercive, abusive actions that amount to emotional or psychological abuse. Dating violence or abuse may occur via electronic devices such as cell phones and computers, as well as harassment through a third party.
Reporting Acts of Dating Violence or Abuse
Any student who is the victim of an act of dating violence or abuse, or has cause to believe that s/he is in immediate danger of becoming the victim of an act of dating violence or abuse, should report the matter to the Principal or to any member of the school staff.
Any Board employee who receives a report of an act of dating violence or abuse, who directly observes an act of dating violence or abuse perpetrated by one student against another, or who has reason to believe that a student is a victim of dating violence or abuse shall report such incident, observations, or suspicions to the Principal.
Any resident of the community or other member of the school community, including students, parents, volunteers, and visitors, who observes an act of dating violence or abuse perpetrated by one student against another, or who has reason to believe that a student is a victim of dating violence or abuse is encouraged to report the matter to the Principal. These reports can be made either in person or anonymously.
Investigating Reports of Dating Violence or Abuse
Upon receiving a report of alleged dating violence or abuse, the Principal shall conduct an investigation of the allegation promptly. As part of the investigation, the Principal shall contact the parent(s) of the alleged victim and/or the parent(s) of the alleged perpetrator, if they are under the age of eighteen, to inform them of the report.
The investigation of the report should include interviews of the alleged victim, the individual accused of perpetrating the dating violence or abusive behavior, and any other person who may have witnessed the alleged act or who may reasonably be expected to have information relevant to the situation. All interviewed parties and witnesses will be provided an opportunity to present any evidence that they reasonably believe to be relevant to the situation.
The Board reserves the right to investigate a report of dating violence or abuse regardless of whether the student who is allegedly the victim of the dating violence or abuse wants to pursue the matter.
Consequences
At the conclusion of the investigation the Principal will determine whether or not the allegation of dating violence or abuse is substantiated. If the Principal determines that a student has committed an act of dating violence and abuse, that violation of this policy shall result in disciplinary action in accordance with the Code of Student Conduct, which may include suspension, assignment to another school or program, or recommendation for expulsion. All disciplinary action shall be taken in accordance with state law and applicable Board policy. When imposing discipline, the Principal shall consider all of the circumstances, including the ages and maturity levels of those involved.
Suspensions for acts of teen violence or abuse may be appealed in accordance with the procedures set forth in the Code of Student Conduct.
Further, the Department of Children and Families shall be notified if the student who is found to have perpetrated the act of dating violence or abuse is eighteen (18) years of age or older and the student who was the victim of the act of dating violence and abuse is a minor.
In those cases where dating violence or abuse is not substantiated, the Principal may consider whether the alleged conduct nevertheless warrants disciplinary action in accordance with the Code of Student Conduct or other Board policies.
Support and Reasonable Accommodations
If requested during or after the investigation, the Principal shall make reasonable accommodations for the student who is allegedly experiencing dating violence or abuse including, but not limited to the following:
| A. | stay away contract, that is, a contract with the alleged perpetrator to stay away from the victim while on school grounds, on school transportation, and during school sponsored programs and events; | ||
| B. | class schedule changes; | ||
| C. | measures that will enable safe passage to/from school, as well as movement within the school; and | ||
| D. | referrals for outside support or counseling. |
Students should provide the Principal with a copy of any court order of protection. The Principal shall then contact the student whose behavior is to be regulated by that order and initiate a
Stay Away Contract that is consistent with the terms of that order and provides penalties for known violations of the contract. Further, the Principal shall notify law enforcement immediately if there is reason to believe that a criminal or civil restraining order has been violated.The School Resource Officer shall respond immediately to a report of a violation of a criminal or civil restraining order.
Other Violations
The Board will also take immediate steps to impose disciplinary action on individuals engaging in any of the following prohibited acts:
| A. | Retaliating against a person who has made a report or filed a complaint alleging dating violence or abuse, or who has participated as a witness in an investigation of such an allegation. | ||
| B. | Filing a malicious or knowingly false report or complaint of dating violence or abuse. | ||
| C. | Disregarding, failing to investigate adequately, or delaying investigation of allegations of dating violence or abuse, when responsibility for reporting and investigating allegations of dating violence or abuse comprises part of one's supervisory duties. |
Privacy/Confidentiality
The Board will respect the privacy of the complainant, the individual(s) against whom the complaint is 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 shall be maintained as confidential to the extent permitted by law.
Education and Training
In support of this policy, the Board promotes education to prevent and create greater awareness of dating violence or abuse. The Superintendent shall require that the Board’s comprehensive health curriculum in grades 7-12 include a component about dating violence or abuse that is age appropriate and includes the content required by State law.
Further, the Superintendent shall provide appropriate training to all members of the Board’s staff related to dating violence or abuse, and the implementation of this policy.
F.S. 1003.42, 1006.148
Adopted 1/18/11