| The School Board of Pasco County |
| Bylaws & Policies |
5517.01 - BULLYING AND HARASSMENT
The Board is committed to providing an educational setting that is safe, secure, and free from harassment and bullying for all of its students and District employees.
The District will not tolerate unlawful bullying and harassment of any type. Conduct that constitutes bullying and harassment, as defined herein, is prohibited:
| A. | during any education program or activity conducted by the District; | ||
| B. | during any school-related or school-sponsored program or activity or on school sponsored transportation; or | ||
| C. | through the use of data or computer software that is accessed through a computer, computer system, or computer network of the District. |
This policy has been developed in consultation with District students, parents, teachers, administrators, school staff, school volunteers, community representatives, employee union, and local law enforcement agencies as prescribed in F.S. 1006.147 and in conformity with the Florida Department of Education (FLDOE) Model Policy.
The Superintendent has developed a comprehensive plan intended to prevent bullying and harassment and to cultivate the school climate so as to appropriately identify, report, investigate, and respond to situations of bullying and harassment as they may occur on school grounds, at school-sponsored events, and through school computer networks. Implementation of the plan will be ongoing throughout the school year and will be integrated with the school curriculum, District disciplinary policies, and violence prevention efforts.
Definitions
"Bullying"
is defined as systematically and chronically inflicting physical hurt or psychological distress on one (1) or more students or employees. It is defined as 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; is carried out repeatedly and is often characterized by an imbalance of power; or unreasonably interfere with the individual's school performance or participation; and may involve but is not limited to:| A. | unwanted teasing or taunting; | ||
| B. | social exclusion; | ||
| C. | threats; | ||
| D. | intimidation; | ||
| E. | stalking; | ||
| F. | physical violence; | ||
| G. | theft; | ||
| H. | sexual, religious, or racial/ethnic harassment; | ||
| I. | public humiliation; or | ||
| J. | destruction of property. |
"Harassment"
means any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or school employee that:| A. | places a student or school employee in reasonable fear of harm to his person or damage to his property; | ||
| B. | has the effect of substantially interfering with a student's educational performance, opportunities, or benefits; or | ||
| C. | has the effect of substantially disrupting the orderly operation of school. |
"Cyberstalking"
is defined in F.S. 784.048(1)(d) to include, but not limited to, engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or languages by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose."Bullying"
, "harassment", and "cyberstalking" (hereinafter referred to as bullying, or bullying and harassment as defined above for the purpose of this policy) also encompasses:| A. | Retaliation against a student or school employee by another student or school employee for asserting or alleging an act of bullying or harassment. Reporting an act of bullying or harassment that is not made in good faith is considered retaliation. | ||
| B. | Retaliatory or intimidating conduct against any individual who has made a bullying complaint or any individual who has testified, assisted, or participated, in any manner, in an investigation is specifically prohibited and as detailed in this policy shall be treated as another incidence of bullying. | ||
| C. | Perpetuation of conduct listed in the definition of bullying or harassment by an individual or group with intent to demean, dehumanize, embarrass, or cause emotional or physical harm to a student or school employee by: |
| 1. | incitement or coercion; | |||
| 2. | accessing or knowingly and willingly causing or providing access to data or computer software through a computer, computer system, or computer network within the scope of the District school system; or | |||
| 3. | acting in a manner that has an effect substantially similar to the effect of bullying or harassment. |
Student Behavioral Expectations
The Board expects students to conduct themselves in keeping with their levels of development, maturity, and demonstrated capabilities with proper regard for the rights and welfare of other students and school staff, the educational purpose underlying all school activities, and the care of school facilities and equipment.
The standards for student behavior shall be set cooperatively through interaction among students, parents/guardians, staff, and community members, producing an atmosphere that encourages students to grow in self-discipline. The District's respect and civility policy (Policy 1380, Policy 3380, and Policy 4380) promotes mutual respect, civility, and orderly conduct among all employees, students, parents, and the general public. This policy is intended to maintain, to the extent that is possible and reasonable, a safe, harassment-free workplace for students, families, and staff and that is free of disruptive, demeaning, intimidating, threatening, or aggressive behaviors. The development of such an atmosphere requires respect for self and others, as well as for District and community property on the part of students, staff, and community members. Administrators, faculty, staff, and volunteers serve as role models for students and are expected to demonstrate appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying.
As dictated by the Student Code of Conduct, students have responsibility for conforming to reasonable standards of socially acceptable behavior, respecting the person, property, and rights of others, obeying and responding appropriately to those holding constituted authority, and adhering to the policies set forth by the Board.
The disciplinary consequences for students involved in bullying and harassment incidents are set forth in the Student Code of Conduct and are expressly incorporated by reference into this policy.
Reporting an Act of Bullying
Any student who believes he has been or is the victim of bullying or harassment should report the incident(s) to the principal or designee as soon as possible after the alleged incident. The student may also report concerns to teachers or counselor who will be responsible for notifying the principal or designee. Complaints against the principal should be filed with the Superintendent. Complaints against the Superintendent should be filed with the Board Chair.
All school employees are required to report alleged violations of this policy to the principal or as described above. All other members of the school community, including students, parents, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy to the principal or as described above.
Written and oral reports shall be considered official reports. Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of an anonymous report.
The principal shall establish and prominently publicize to students, staff, volunteers, and parents the procedure for reporting bullying and how such a report will be acted upon. A victim of bullying and/or harassment, anyone who witnessed the act, and anyone who has credible information that an act of bullying and/or harassment has taken place may file a report.
Investigation
The investigation of a reported act of bullying or harassment is deemed to be a school-related activity and begins with a report of such an act. All complaints about bullying and/or harassment that may violate this policy shall be promptly investigated by an individual, designated by the principal, who is trained in investigative procedures. Documented interviews of the victim, alleged perpetrator, and witnesses shall be conducted privately and shall be confidential. The investigator shall collect and evaluate the facts that may include but are not limited to:
| A. | the nature of the behavior; | ||
| B. | how often the conduct occurred; | ||
| C. | whether there were past incidents or past continuing patterns of behavior; | ||
| D. | the relationship between the parties involved; | ||
| E. | the characteristics of the parties involved; | ||
| F. | the identity of the alleged perpetrator, including whether the individual was in a position of power over the individual allegedly subjected to bullying or harassment; | ||
| G. | the number of alleged bullies/harassers; | ||
| H. | the age of the alleged bully/harasser; | ||
| I. | where the bullying and/or harassment occurred; | ||
| J. | whether there have been other incidents in the school involving the same or other students; | ||
| K. | whether the conduct adversely affected the student's education or educational environment; and | ||
| L. | the context in which the alleged incidents occurred. |
Whether a particular action or incident constitutes a violation of the policy requires a determination based on all the facts and surrounding circumstances and shall include:
| A. | a recommendation of remedial steps necessary to stop the bullying and/or harassing behavior; and | ||
| B. | a written report to the principal. |
A maximum of ten (10) school days shall be the limit for the initial filing of incidents and completion of the investigative procedural steps. The highest level of confidentiality possible shall be provided regarding the submission of a complaint or a report of bullying and/or harassment and for the investigative procedures that are employed.
The physical location or time of access of a computer-related incident cannot be raised as a defense in any disciplinary action initiated pursuant to this policy.
Scope
The investigator will provide a report on the results of the investigation with recommendations for the principal to make a determination if an act of bullying or harassment falls within the scope of District authority. If the action is within the scope of the District, District procedures for investigating bullying and/or harassment shall be followed. If the action is outside the scope of the District, and believed to be a criminal act, the action shall be referred to the appropriate law enforcement agency. If the action is outside the scope of the District and believed not a criminal act, the principal shall inform parents/guardians of all minor parties.
Parent Notification
The principal shall report the occurrence of an incident of bullying as defined by District policy to the parent/guardian of all students known to be involved in the incident on the same day an investigation of the incident has been initiated. Notification shall be by telephone or by personal conference and in writing by first-class mail and shall be consistent with the student privacy rights under applicable provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). The notice shall advise the individuals involved of their respective due process rights including the right to appeal any resulting determination or action to the State Board of Education.
If the bullying incident results in the perpetrator being charged with a crime, the principal shall inform the parent/guardian of the identified victim(s) involved in the bullying incident about the Unsafe Schools Choice Option (No Child Left Behind (NCLB), Title IX, Part E, Subpart 2, Section 932) that states:
|
"A student attending a persistently dangerous public elementary school or secondary school, as determined by the State in consultation with a representative sample of local educational agencies, or 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 school or secondary school within the local educational agency, including a public charter school." |
Upon the completion of the investigation and if criminal charges are to be pursued against the perpetrator, the appropriate law enforcement agencies shall be notified by telephone and/or in writing.
Consequences
If the investigation finds an instance of bullying or harassment has occurred, it will result in prompt and appropriate remedial and/or disciplinary action.
Consequences and appropriate remedial action for students who commit acts of bullying or harassment or found to have falsely accused another as a means of bullying or harassment may range from positive behavioral interventions up to, but not limited to recommendation for expulsion, as outlined in the Student Code of Conduct and this policy.
Consequences and appropriate remedial action for a school employee found to have committed an act of bullying or harassment or found to have falsely accused another as a means of bullying or harassment shall include discipline in accordance with District policies, administrative procedures, and the collective bargaining agreement. Egregious acts of harassment by certified educators may result in a sanction against an educator's State-issued certificate. (See the Principles of Professional Conduct of the Education Profession in Florida – F.A.C. 6B-1006)
Consequences and appropriate remedial action for a visitor or volunteer found to have committed an act of bullying or harassment or found to have falsely accused another as a means of bullying or harassment shall be determined by the school administrator after consideration of the nature and circumstances of the act, including reports to appropriate law enforcement officials.
Referral for Intervention
Referral of a student to the collaborative problem-solving team (or equivalent school-based intervention team (S-BIT)) for consideration of appropriate services is made through the school problem-solving process by school personnel or parent to the principal/designee. Parent notification is required. When such a report of formal discipline or formal complaint is made, the principal/designee shall refer the student(s) to the collaborative problem-solving team for determination of need for counseling support and interventions.
School-based intervention and assistance will be determined by the collaborative problem-solving team and may include, but is not limited to:
| A. | counseling and support to address the needs of the victims of bullying; | ||
| B. | counseling interventions to address the behavior of the students who bully (e.g., empathy training, anger management); | ||
| C. | intervention which includes assistance and support provided to parents; | ||
| D. | analysis and evaluation of school culture with resulting recommendations for interventions aimed at increasing peer ownership and support. |
Self-referral for informal consultation: District staff, students, or parents may request informal consultation with school staff (e.g., school social worker, school counselor, school psychologist, etc.) to determine the severity of concern and appropriate steps to address the concern of bullying (the involved students' parents may be included) orally or in writing to the principal/designee.
Counseling information for employees: Information related to the Employee Assistance Program (EAP) will be provided by the administrator to the employee when bullying or harassment is suspected or when a bullying incident is reported.
Any investigations and interventions shall be documented.
Data Report
The District will utilize Florida's School Environmental Safety Incident Reporting (SESIR) Statewide Report on School Safety and Discipline Data as prescribed. If a bullying and/or harassment incident occurs it will be reported in SESIR, coded appropriately using the relevant incident code and the related element code. Discipline and referral data will be recorded in Student Discipline/Referral Action Report and Automated Student Information System.
The District will provide bullying incident, discipline, and referral data to the Florida Department of Education (FLDOE) in the format requested, through Survey 5 from Education Information and Accountability Services, and at designated dates provided by the Department.
Training and Instruction
All employees, students, parents, administrators, and school volunteers shall be provided instruction, at least annually, on the District's policy and administrative procedures regarding bullying and harassment. The instruction shall include evidence-based methods of preventing bullying and harassment, as well as information about how to effectively identify and respond to bullying in schools. Instruction regarding bullying, harassment, and the District's violence prevention and school safety efforts shall be integrated into District curriculum at the appropriate grade levels.
Victim's Parent Reporting
The principal shall report the occurrence of an incident of bullying as defined herein to the parent/guardian of students known to be involved in the incident on the same day an investigation of the incident has been initiated. Notification shall be by telephone and in writing by first-class mail and shall be consistent with the student privacy rights under applicable provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). According to the level of infraction, the victim's parents will be notified by telephone and/or in writing of actions being taken to protect the child; the frequency of notification will depend on the seriousness of the bullying or harassment incident.
Policy Publication
At the beginning of each school year, the Superintendent shall inform school staff, parents/guardians/other persons responsible for the welfare of a student of the District's student safety and violence prevention policy.
The District shall provide notice to students and staff of this policy in the Student Code of Conduct and in employee handbooks. The Superintendent will also provide such notification to all District contractors.
Each principal shall implement a process for discussing, at least annually, the District policy on bullying and harassment with students. Reminders of the policy and bullying prevention messages will be displayed, as appropriate, at each school and at District facilities.
Immunity
An employee, school volunteer, student, parent/guardian, or other person who promptly reports in good faith an act of bullying or harassment to the appropriate school official and who makes this report in compliance with the procedures set forth in District policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident.
Submission of a good faith complaint or report bullying or harassment will not affect the complainant or reporter's future employment, grades, learning or working environment, or work assignments. Such immunity from liability shall not apply to an employee, student, or volunteer determined to have made an intentionally false report about harassment, intimidation, and/or bullying.
Privacy/Confidentiality
The District will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, to the extent permitted by law.
F.S. 110.1221, 1002.20, 1006.13, 1006.147
Florida Department of Education Model Policy (June 2008)
Adopted 11/18/08