5517.01 - BULLYING

School District Of Westfield

Administrative Guidelines

5517.01 - BULLYING

The following procedures shall be used for reporting, investigating and resolving complaints of bullying.

Complaint Procedures

Building principals and assistant principals and the District Administrator have responsibility for conducting investigations concerning claims of bullying. The investigator(s) shall be a neutral party having no direct involvement in incident(s) upon which the complaint is based.

Any employee who has knowledge of conduct in violation of Policy 5517.01 is required to immediately report his/her concerns.

Any student or third party who has knowledge of conduct in violation of Policy 5517.01 believes s/he has been a victim of aggressive behavior in violation of Policy 5517.01 should immediately report his/her concerns.

All complaints will be promptly investigated in accordance with the following procedures.

	Step I

		Any claims of bullying shall be presented to the building principal or assistant principal or the District Administrator. Students may also report their concerns to teachers or counselors who will be responsible for notifying the appropriate administrator or Board official. Complaints against the building principal shall be filed with the District Administrator. Complaints against the District Administrator shall be filed with the Board President. Information may be initially presented anonymously. All such information will be reduced to writing and will include the specific nature of the offense and corresponding dates. If the person filing the complaint is an adult, s/he must sign the charge affirming its veracity. If the person filing the complaint is a minor, s/he may either sign the charge or affirm its veracity before two (2) administrators.

	Step II

		The administrator/Board official receiving the complaint shall conduct a prompt investigation. Parents will be notified of the nature of any complaint involving their student. The administrator/Board official will arrange such meetings as may be necessary with all concerned parties within five (5) work days after receipt of the information or complaint. The parties will have an opportunity to submit evidence and a list of witnesses. All findings related to the complaint will be reduced to writing. The administrator/Board official conducting the investigation shall notify the complainant and parents as appropriate, (in writing,) when the investigation is concluded and the findings made. All information provided shall be provided consistent with student record and staff personnel file confidentiality as required by law (See Policy 8330 and Policy 8350).

		A copy of the notification letter or the date and details of notification to the complainant, together with any other documentation related to the incident, shall be forwarded to the District Administrator.

		With regard to complaints received against the District Administrator (or a member of the Board), the investigation shall be referred to the school board attorney who shall conduct a prompt investigation. The school board attorney is authorized to designate an outside third party to conduct the investigation. The school board attorney or designee will arrange such meetings as may be necessary with all concerned parties within five (5) work days after receipt of the information or complaint. The parties will have an opportunity to submit evidence and a list of witnesses. All findings related to the complaint will be reduced to writing. The school board attorney or designee conducting the investigation shall notify the complainant and parents as appropriate, (in writing,) when the investigation is concluded and the findings made.

		A copy of the notification letter or the date and details of notification to the complainant, together with any other documentation related to the incident and the statement of the findings of the investigation, shall be included in the personnel file, consistent with Policy 8320.

		If the complaint is affirmed and it is determined that the matter is not only an instance of bullying, but would also be harassment as described in Policy 5517, then the complainant will be advised of his/her right to pursue the matter with the Office of Civil Rights.

	Step III

		If the complainant is not satisfied with the decision at Step II, s/he may submit a written appeal to the District Administrator or designee. Such appeal must be filed within ten (10) work days after receipt of the Step II decision. The District Administrator or designee will arrange such meetings with the complainant and other affected parties as deemed necessary to review and discuss the appeal. The District Administrator or designee shall provide a written decision to the complainant’s appeal within ten (10) work days of the appeal being filed. The decision of the District Administrator shall be final

		If the complainant who has filed a complaint of bullying against the District Administrator or a member of the Board is not satisfied with the decision at Step II, a written appeal may be filed with the Board. Such appeal must be filed within ten (10) work days after receipt of the Step II decision. The Board shall, within twenty (20) work days, conduct a hearing at which time the complainant shall be given an opportunity to present the complaint. If the complaint is against a member of the Board, that member shall recuse himself/herself from participation in the hearing, as a member of the Board, but may present information to the Board hearing on the matter. The Board shall provide a written decision to the complainant within ten (10) work days following completion of the hearing

Documentation related to the incident, other than any discipline imposed or remedial action taken, will be maintained in a file separate from the student’s education records or the employee’s personnel file.

Retaliation/False Charges

Retaliation against any person who reports, is believed to have reported, or files a complaint, or otherwise participates in an investigation or inquiry related to a complaint of bullying is prohibited. Such retaliation shall be considered a serious violation of Board policy and independent of whether a complaint is substantiated. Retaliation and false charges shall also be regarded as a serious offense and will result in disciplinary action or other appropriate sanctions. Suspected retaliation should be reported in the same manner as bullying.

118.46 Wis. Stats.