3207 Prohibition of Harassment, Intimidation, and Bullying
PROHIBITION OF HARASSMENT, INTIMIDATION, AND BULLYING
The board is committed to a safe and civil educational environment for all students, employees, parents/legal guardians, volunteers, and community members that is free from harassment, intimidation, or bullying. " As defined in legislation, “Harassment, intimidation or bullying” means any intentional electronic, written, verbal or physical act including but not limited to, one shown to be motivated by any characteristic in RCW28A.640.010 and 28A 642.010, or other distinguishing characteristics, when the act:
A. Physically harms a student or damages the student’s property;
B. Has the effect of substantially interfering with a student’s education;
C. Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
D. Has the effect of substantially disrupting the orderly operation of the school.
Nothing in this section requires the affected student to actually possess a characteristic that is a basis for harassment, intimidation or bullying.
“Other distinguishing characteristics” can include but are not limited to physical appearance, clothing or other apparel, socioeconomic status and weight.
“Intentional acts” refers to individual’s choice to engage in the act rather than the ultimate impact of the action(s).
Behaviors/Expressions
This policy recognizes that ‘harassment’, ‘intimidation,’ and bullying’ are separate but related behaviors. Each must be addressed appropriately. The accompanying procedure differentiates the three behaviors; however, this differentiation should not be considered part of the legal definition of these behaviors.
Harassment, intimidation, or bullying can take many forms including, but not limited to, slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats or other written, oral, physical or electronically transmitted messages or images.
This policy is not intended to prohibit expression of religious, philosophical, or political views, provided that the expression does not substantially disrupt the educational environment. Many behaviors that do not rise to the level of harassment, intimidation, or bullying may still be prohibited by other district policies or building, classroom or program rules.
Training
This policy is a component of the district’s responsibility to create and maintain a safe, civil, respectful and inclusive learning community and will be implemented in conjunction with comprehensive training of staff and volunteers. Specific training requirements are included in the accompanying procedures.
Prevention
The district will provide students with strategies aimed at preventing harassment, intimidation, and bullying. In its efforts to educate students, the district will seek partnerships with families, law enforcement, and other community agencies.
Interventions
Interventions will be designed to address the impact of harassment, intimidation, and bullying on the targeted student(s) and others impacted by the violation, to change the behavior of the aggressor, and to restore a positive school climate.
The district will consider the frequency of incidents, developmental age of the student, and severity of the conduct in determining intervention strategies. Interventions will range from counseling, correcting behavior and discipline to law enforcement referrals.
Students with Individual Education Plans or Section 504 Plans
If allegations are proven that a student with an Individual Education Plan (IEP) or Section 504 Plan has been the aggressor or target of harassment, intimidation or bullying, the school will convene the student’s IEP or Section 504 team to determine whether the incident had an impact on the student’s ability to receive a free, appropriate public education (FAPE). The meeting should occur regardless of whether the harassment, intimidation, or bullying incident was based on the student’s disability. During the meeting, the team will evaluate issues such as the student’s academic performance, behavioral issues, attendance, and participation in extracurricular activities. If a determination is made that the student is not receiving FAPE as a result of the harassment, intimidation, or bullying incident, the district will provide additional services and supports as deemed necessary, such as counseling, monitoring and/or reevaluation or revision of the student’s IEP or Section 504 plan, to ensure the student receives a FAPE.
Retaliation/False Allegations
Retaliation is prohibited against those who report or participate in an investigation of harassment, intimidation and bullying and will result in appropriate discipline. It is a violation of this policy to threaten or harm someone for reporting harassment, intimidation, or bullying, or participating in an investigation.
Knowingly reporting false allegations of harassment, intimidation and bullying is prohibited. Students or employees will not be disciplined for making a report in good faith. However, persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.
Compliance Officer
The superintendent will appoint a compliance officer as the primary district contact to receive copies of all harassment, intimidation, and bullying incident report forms and to ensure policy implementation. The name and contact information for the compliance officer will be communicated throughout the district. The district compliance officer will participate in at least one mandatory training opportunity offered by OSPI.
The superintendent is authorized to direct the implementation of procedures addressing the elements of this policy.
Cross References:
- Policy 2161 Special Education and Related Services For Eligible Students
- Policy 3200 Rights and Responsibilities
- Procedure 3206P Sexual Harassment of Students Prohibited Procedures
- Procedure 3207P Prohibition of Harassment, Intimidation, and Bullying Procedures
- Policy 3210 Nondiscrimination
- Policy 3211 Transgender Student
- Policy 3241 Student Discipline
Legal Reference:
- RCW 28A.300.285 Harassment, Intimidation, and Bullying Prevention Policies-Model policy and procedure-Training Materials-Posting on web site- Rules-Advisory Committee
- WAC 392-190-059 Harassment, intimidation and bullying prevention policy and procedure – School districts.
Management Resources:
- Office for Civil Rights, Dear Colleague Letter: Responding to Bullying of Students with Disability (OCR 10/21/2014)
- 2019 August Policy Alert
- 2019 July Policy Issue
- 2014 December Issue
- 2010 December Issue
- 2008 April Issue
- 2002 April Issue
Adoption Date: 05.20.03
Stanwood-Camano School District
Revised: 03.07.06; 09.02.08; 04.17.11; 07.05.11; 02.18.14; 05.05.15;12/03/19