| The School Board of Collier County |
| Administrative Procedures |
5517.01 - BULLYING AND HARASSMENT
NOTIFICATION OF POLICY
Each school principal shall develop an annual process for discussing the school District policy on bullying and harassment with students in a student assembly or other reasonable format (i.e. morning announcements, etc.). Reminders of the policy and bullying prevention messages such as posters and signs will be displayed around each school in key areas.
DEFINITIONS OF BULLYING
| A. | Bullying - systematically and chronically inflicting physical hurt or psychological distress on one or more students. | ||
| B. | Harassment – any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal or physical conduct directed against a student that: |
| 1. | places a student in reasonable fear of harm to his/her person or damage to his/her property; | |||
| 2. | has the effect of substantially interfering with a student’s educational performance, opportunities, or benefits; | |||
| 3. | has the effect of substantially disrupting the orderly operation of the school. |
| C. | Cyberstalking – to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed as a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. |
INSTRUCTION
Students, parents/legal guardians, teachers, school administrators, school counselors, and school volunteers shall be given instruction at a minimum on an annual basis on the District’s policy and regulations against bullying and harassment. The instruction shall include evidence-based methods of preventing bullying and harassment, as well as how to effectively identify and respond to bullying in schools.
REFERRAL
A teacher or parent/legal guardian may request informal consultation with school staff (specialty staff, e.g., school counselor, school psychologist, etc.) to determine the severity of concern and appropriate steps to address the concern (the involved students’ parents or legal guardian may be included).
School personnel or parent/legal guardian may refer a student to the school intervention team (RTI/PS Team) for consideration of appropriate services. (Parent or legal guardian involvement is required at this point.)
School-based intervention and assistance as determined appropriate by the team may include: counseling and support to address the needs of the victims of bullying or harassment, research-based counseling/interventions to address the behavior of the students who bully or harass others (e.g., empathy training, anger management) and assistance and support to parents/legal guardians, if deemed necessary or appropriate.
REPORTING
Students are encouraged to report any act that may be a violation of this policy in person or anonymously to the principal or designee.
The principal shall establish and prominently publicize to students how a report of bullying or harassment may be filed and how the report will be acted upon (posters, announcements).
Any written or oral reporting of an act of bullying or harassment shall be considered an official means of reporting such act(s). Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of an anonymous report.
INVESTIGATION
The principal or designee selects a designee(s), employed by the school, trained in investigative procedures to initiate the investigation the same day.
Documented interviews of the victim, alleged perpetrator, and witnesses are conducted privately, separately, and are confidential.
The investigator shall collect and evaluate the facts.
Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances and included recommended remedial steps to stop the bullying and/or harassing, and a written final report to the principal within ten (10) school days, with recommendations for the principal to make a determination if an act of bullying or harassment falls within the scope of the District.
If it is within the scope of the district, the principal or designee shall promptly report the occurrence and keep a copy in a bullying file in the principal’s office.
If it is outside the scope of the District and determined a criminal act, refer to appropriate law enforcement, Youth Relations Deputy and/or not a criminal act, inform parents/legal guardians of all students involved.
NOTIFICATION
The principal or designee shall by telephone and/or in writing report the occurrence of any incident of bullying as defined by this policy to the parent or legal guardian of all students involved on the same day an investigation of the incident has been initiated. According to the level of infraction, parents/legal guardians will be notified by telephone and/or writing of actions being taken to protect the child; the frequency of notification will depend on the seriousness of the bullying or harassment incident. Notification must be consistent with the student privacy rights under the applicable provisions for the Family Educational Rights and Privacy Act of 1974 (FERPA).
If the bullying incident results in the perpetrator being charged with a crime, the principal or designee shall by telephone or in writing by first class mail, inform parents/legal guardian of the victim(s) involved in the bullying incident about the Unsafe School Choice Option (No Child Left Behind, Title IX, Part E, Subpart 2, Section 9532) that states "…a student who becomes a victim of a violent criminal offense, as determined by State law, while in or on the grounds of a public elementary or secondary school that the student attends, be allowed to attend a safe public elementary or secondary school with the local educational agency, including a public charter school." (Assistant Superintendent of Student Conduct and Special Projects)
Once the investigation has been completed and it has been determined that criminal charges may be pursued against the perpetrator, all appropriate law enforcement agencies (Youth Relations Deputy) will be notified by telephone and/or in writing, and documented.
CONSEQUENCES
Consequences and appropriate remedial action for students who commit acts of bullying or harassment, or for a student found to have wrongfully and intentionally accused another as a means of bullying or harassment, may range from positive behavioral interventions up to and including suspension or expulsion, as outlined in the Code of Student Conduct.
SESIR
The School District will utilize Florida’s School Environmental Safety Incident Reporting (SESIR) Statewide Report on School Safety and Discipline Data, which includes bullying/harassment as an incident code as well as bullying-related as a related element code.
The SESIR definition of bullying/harassment is unwanted and repeated written, verbal, or physical behavior, including any threatening, insulting or dehumanizing gesture, by an adult or student that is severe or pervasive enough to create an intimidating, hostile or offensive educational environment, cause discomfort or humiliation, or unreasonably interfere with the individual’s school performance or participation.
If bullying and/or harassment incident occurs then it will be reported in SESIR with the bullying/harassment code.
F.S. 110.1221, 1002.20, 1006.13
Revised 12/7/11© Collier 2011