Adopted:

411.12

PORT EDWARDS PUBLIC SCHOOLS

Board of Education Policy

STUDENT HARASSMENT & BULLYING

The Port Edwards School District seeks to provide a safe and civil environment in school so that students can learn and achieve high academic standards. Therefore, the Board prohibits acts of harassment or bullying. Harassment or bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student’s ability to learn and a school’s ability to educate its students in a safe environment. Demonstration of appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying is expected of administrators, staff and school volunteers to provide positive examples for student behavior.

“Harassment or bullying” is defined as any gesture or written, verbal, graphic, or physical act (including electronically transmitted acts via the Internet, cell phone, personal digital assistant or wireless hand held device) that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as sex, race, national origin, ancestry, religion, color, creed, pregnancy, marital or parental status, sexual orientation or physical , mental, emotional or learning disability or handicap, or by any other distinguishing characteristic. Such behavior is considered harassment or bullying whether it takes place on or off school property, at any school-sponsored function or in a school vehicle if it substantially interferes with a student’s school performance or creates an intimidating, hostile or offensive school environment.

All forms of harassment in cyberspace commonly referred to as cyber bullying are unacceptable and viewed as a violation of this policy. Cyber bullying includes but is not limited to the following misuses of technology: harassment, teasing, intimidating, threatening, or terrorizing another person or group of people of sending or posting inappropriate and hurtful e-mail messages, instant messages, text messages, digital pictures or images or website postings, including blogs or any other messages via cyberspace. For purposes of this policy, “cyberspace” is defined as a global domain within the information environment consisting of the interdependent network of information technology infrastructures, including the Internet, telecommunications networks, computer systems, and embedded processors and controllers.

In situations in which cyber bullying originated off school property or from a non-school computer or telecommunication device, but is brought to the attention of school officials, any disciplinary action shall be based upon whether the conduct is determined to be severely disruptive of the educational process so that it markedly impedes the day-to-day operations of a school. Such conduct includes, but is not limited to, harassment, bullying or making a threat off school grounds through cyberspace that is intended to endanger the health, safety or property of others at school, a District employee or a school board member.

The Board also prohibits reprisal or retaliation against any person who reports an act of harassment or bullying, or participates in the investigation of such a report, and prohibits any person from falsely accusing another as a means of harassment or bullying.

Management, including all administrators, is responsible to assure that prohibited activities do not occur. Any student who believes that he or she has been the subject of prohibited conduct under this policy should report the matter immediately in accordance with established complaint procedures.

If the alleged harasser/bully is the person to whom the complaint would normally be made, the complaint should be made to the next higher administrative authority in the complaint procedure. Complaints and reports will be investigated promptly and confidentiality maintained within practical bounds. Disclosure of information related to the complaint will be made only to those with a legitimate need to know, consistent with legal requirements. Students are required to cooperate fully with any harassment/bullying investigation.

Consequences and appropriate remedial actions for a student or staff member who commits one or more acts of harassment or bullying may range from positive behavioral interventions up to and including suspension or expulsion, in the case of a student, or suspension or termination in the case of an employee. Consequences for a student who commits an act of harassment or bullying shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, the student’s history of problem behaviors and performance. Remedial measures shall be designed to correct the problem behavior, prevent another occurrence of the behavior and protect the victim of the act.

The consequences and appropriate remedial action for a student found to have falsely accused another as a means of harassment or bullying may range from positive behavioral interventions up to and including suspension or expulsion. Consequences and appropriate remedial action for school employees found to have falsely accused another as a means of harassment of bullying shall be disciplined in accordance with District policies, procedures and collective bargaining agreements.

LEGAL REF.: Wisconsin Administrative Code PI 9.03

Wisconsin Statutes 118.13, 120.13(1), 947.013, 947.0125, 948.51(2)

Title IX, Education Amendments of 1972

Chapter 227

Wisconsin Act 309, 118.46(2)

CROSS REF.: 411 – Policy, Equal Educational Opportunity

411 – Rule, Student Discrimination Complaint Procedures

411.1 – Rule(1), Student Harassment Administrative Rules

411.1 – Rule(2), Student Harassment Complaint Procedures

411.1 – Exhibit(1), Student Harassment Incident Report

411.1 – Exhibit(2), Student Harassment Complaint Form

443 – Policy, Student Conduct

Student Handbooks

Staff Handbooks

Adopted: 08/16/10

Reviewed:

Revised:

411.1 – Rule (1)

ADMINISTRATIVE RULES

DISSEMINATION OF POLICY & TRAINING

Every employee will annually receive a copy of the policy and procedures in his/her respective staff handbook.

The policy will be posted on the district website: www.pesd.k12.wi.us

Every student or student’s parent/guardian will receive a copy of the policy and administrative rules each year in the district newsletter and in his/her student’s handbook.

Discussion of harassment and bullying behaviors will be included at an age appropriate level and in the proper context.

Rules, including the complaint procedures and associated form(s), will be given to any individual wishing to file a complaint.

Information will be posted at each work place advising employees and volunteers of the policy and the procedures for filing a complaint.

This policy will be reviewed annually by the administrative team in which an understanding of harassment and bullying, the board’s policies and complaint procedures, and the importance of vigilance will be emphasized.

411.12 – Rule (2)

STUDENT HARASSMENT OR BULLYING COMPLAINT PROCEDURE

It is important for these procedures to respect and advance the rights of all parties, including the protection of personal privacy interests and the protection of the reputation of all concerned and involved parties. In order to ensure fair procedures and to protect these interests, all parties are encouraged to keep these matters confidential. All investigating and reviewing officers are charged with the responsibility to hold these matters in the strictest possible confidence in order to guard against the unnecessary or inadvertent disclosure of information relating to any pending investigations.

Students who believe they are the victims of harassment or bullying or parents/guardians who believe their child is a victim of harassment or bullying, should immediately report their concerns to the principal, social worker, a guidance counselor, or teacher.

All complaints will be taken seriously and will be subject to thorough review and immediate investigation by the receiving office or designee. While time periods are established below for the completion of various actions, the reviewing office shall provide prompt written notice to concerned parties of the expected time period for completion of the required action when exceptional circumstances do not allow completion within a reasonable time period.

The following procedures will be used:

Complaint Procedures

The district encourages informal resolution of complaints under this policy. If any person believes that the Port Edwards School District or any part of the school organization has failed to follow the established laws and rules, or in some way discriminates against students, in violation of this policy, he/she may bring or send a complaint to the administration office at the following address: 801 Second Street, Port Edwards, WI 54469.

INFORMAL PROCEDURE

The person who believes he/she has a valid basis for a complaint shall discuss the concern with the building principal, who shall in turn investigate the complaint and reply to the complainant in writing. If this reply is not acceptable to the complainant, he/she may initiate formal procedures according to the steps listed.

FORMAL PROCEDURES

Step 1 A written statement of the complaint shall be prepared by the complainant and signed. This complaint shall be presented to the district superintendent within five (5) business days of receipt of the written reply to the informal complaint. The superintendent shall further investigate the matters of the complaint and reply in writing to the complainant.

Step 2 If the complainant remains unsatisfied, he/she may appeal through a signed, written statement to the school board within five (5) days of her/her receipt of the district superintendent’s response. In an attempt to resolve the complaint, the school board shall meet with the concerned parties and their representatives. A written copy of the board’s disposition of the appeal shall be sent to each concerned party.

Step 3 If a complainant wishes to appeal a negative determination by the board, he/she has the right to appeal the decision to the state superintendent within 30 days of the board's decision. In addition, the complainant may appeal directly to the state superintendent if the board has not provided written acknowledgment within 45 days of receipt of the complaint or made a determination within 90 days of receipt of the written complaint. Appeals should be addressed to: State Superintendent, Wisconsin Department of Public Instruction, 125 South Webster Street, P.O. Box 7841, Madison, WI 53707.

411.12 – Exhibit(1)

INCIDENT REPORT

This form should be used only to identify a possible incident of student harassment or bullying. It is designed to assist any staff member at a school site who may receive a complaint about harassment or bullying from a student. The student does not complete this form; the staff person to whom the student complains should complete it. This form must be promptly forwarded to the building principal. Do not interview the student. Use the appropriate category/categories below to record the information volunteered by the student.

On ____________________________________________, I talked with __________________________________________

Date Student Name

about a problem with ______________________________________________________________________________ who:

Staff/Student Name

Describe incident as reported: ___________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

How this came to my attention: __________________________________________________________________________

Signed: ___________________________________________

Date: _____________________________________________

Position: __________________________________________

Site: _____________________________________________

411.12 – Exhibit(2)

STUDENT HARASSMENT OR BULLYING COMPLAINT FORM

This form should be used to identify a possible incident of student harassment or bullying. It is designed to assist any student at a school site who feels they may have been the victim of harassment or bullying. This form should be submitted to the building principal.

Name _______________________________________________________ Grade ________________________________

Who was responsible for the harassment or bullying? ________________________________________________________

____________________________________________________________________________________________________

Describe the harassing or bullying behavior: ________________________________________________________________

____________________________________________________________________________________________________

First incident: ________________________________________________________________________________________

____________________________________________________________________________________________________

Approximate date, time and place ________________________________________________________________________

____________________________________________________________________________________________________

What was your reaction? _______________________________________________________________________________

____________________________________________________________________________________________________

Subsequent incidents: _________________________________________________________________________________

____________________________________________________________________________________________________

Approximate dates, times and places _____________________________________________________________________

____________________________________________________________________________________________________

What was your reaction? _______________________________________________________________________________

____________________________________________________________________________________________________

List any witnesses to the harassment or bullying: ____________________________________________________________

____________________________________________________________________________________________________

I understand that these incidents will be investigated,

but this form will be kept confidential to the extent possible.

Complainant Signature _________________________________________________________________________________

Date _______________________________________________________________________________________________

===============================================================================================

FOR ADMINISTRATION USE

Dates of investigation of complaint: _______________________________________________________________________

____________________________________________________________________________________________________

Date of final report: ____________________________________________________________________________________

Date of follow-up conference with complainant ______________________________________________________________

Results: _____________________________________________________________________________________________

____________________________________________________________________________________________________