GBNA - Hazing, Harassment, Intimidation, Bullying, Menacing, Cyberbullying - Staff
Policy GBNA
Code: GBNA
Adopted: 3/16/15
Revised/Readopted: 9/25/17
Orig. Code(s): GBNA
The Board is committed to providing a safe, positive and productive learning and working environment. Hazing, harassment, intimidation, menacing or bullying, and acts of cyberbullying of staff, students or third parties (as defined under Board policy GBN/JBA) by staff, students or third parties is strictly prohibited and shall not be tolerated by the district. Retaliation against any person who reports, is thought to have reported, files a complaint or otherwise participates in an investigation or inquiry is also strictly prohibited.
Complaints shall be filed with supervisor.
Complaints against a supervisor shall be filed with the Chief Human Resource Officer, unless the supervisor is the superintendent.
Complaints against the Chief Human Resources officer will be filed with the superintendent.
Complaints against the Superintendent shall be filed with the Board chair.
Staff whose behavior is found to be in violation of this policy will be subject to discipline, up to and including dismissal. Third parties whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the superintendent or the Board.
Individuals may also be referred to law enforcement officials. Licensed staff will be reported to the Teacher Standards and Practices Commission, as provided by Oregon Administrative Rule (OAR) 584-020-0041.
The superintendent is directed to develop administrative regulations to implement this policy. The administrative regulations will include reporting requirements and definitions of prohibited behaviors. Notice of this policy will be provided to staff, students and third parties.
END OF POLICY
Legal Reference(s):
ORS 163.190
ORS 163.197
ORS 166.065
ORS 166.155 to -166.165
ORS 332.072
ORS 332.107
ORS 659A.030
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (2012).
Bartsch v. Elkton School District, FDA-13-011 (March 27, 2014).
Cross Reference(s):
GBN/JBA - Sexual Harassment
JFCM - Threats of Violence
GBNA-AR
Code: GBNA-AR
Adopted: 8/9/10
The following definitions and procedures shall be used for reporting, investigating and resolving complaints of hazing, harassment, intimidation, bullying, menacing, and acts of cyberbullying.
Definitions
1. Harassment, intimidation, or bullying: Any repeated or severe act that substantially
interferes with a staff member's opportunities or performance, that takes place on
District property, or at any District-sponsored activity and has the effect of:
A. Physically harming a staff member or damaging a staff member's property; or
B. Knowingly placing a staff member in reasonable fear of physical or
social/emotional harm to the staff member or damage to the staff member's
property; or
C. Creating a hostile working environment.
Harassment is also defined to include any act which subjects an individual or group to unwanted, abusive behavior of a nonverbal, verbal, written or physical nature, serious enough to adversely affect the terms and conditions of a person’s employment, on the basis of age, race, religion, color, national origin, disability, or sexual orientation.
2. Hazing: Any act that recklessly or intentionally endangers the mental health,
physical health or safety of a staff member for the purpose of initiation or as a
condition or precondition of attaining membership in, or affiliation with, any district-
sponsored work activity, work group or work assignment, grade level attainment,
(i.e., personal servitude, sexual stimulation/sexual assault, forced consumption of
any drink, alcoholic beverage, drug or controlled substance, forced exposure to the
elements, forced prolonged exclusion from social contact, sleep deprivation or any
other forced activity that could adversely affect the mental or physical health or
safety of a staff member); requires, encourages, authorizes or permits another to be
subject to wearing or carrying any obscene or physically burdensome article;
assignment of pranks to be performed or other such activities intended to degrade
or humiliate regardless of the person’s willingness to participate.
3. Menacing: Any act which is intended to place a staff member in reasonable fear of
imminent serious physical injury.
4. Cyberbullying: Any willful and repeated use of any electronic communication device
to convey a message in any form (text, image, audio or video) that harasses,
intimidates, or bullies (as defined herein) or is otherwise intended to harm, insult or
humiliate another.
Complaint Procedures
The principal, other administrator, or designee shall promptly investigate complaints of harassment, intimidation, bullying, menacing, or cyberbullying as follows:
1. Receive the complaint.
A. All complaints pursuant to GBNA shall be presented to the site administrator,
Chief HR Officer, or superintendent. In order to ensure timely investigation of
complaints, all complaints brought under Board Policy GBNA shall be initiated
within 30 calendar days of the occurrence of the cause for complaint.
B. The complaint shall be reduced to writing and will include the specific nature
of the complaint and corresponding dates.
C. The investigator(s) shall be a neutral party having had no involvement in the
complaint presented.
2. Investigation
A. The district official receiving the complaint shall promptly investigate. The
district official will arrange such meetings as may be necessary with all
concerned parties.
B. The parties will have an opportunity to submit evidence and a list of
witnesses.
C. The investigator shall interview the complainant, the alleged harasser, and
witnesses to gather specifics and explain the process, including a discussion
of confidentiality and disclosure, what is entailed in the investigation, and
possible outcomes.
3. Conclude the investigation by:
A. Documenting the findings and reasons;
B. Determining the resolution and/or appropriate disciplinary action according to
applicable collective bargaining agreements; applicable statutory authority; school
district policies; and regulations; and
C. Communicating the decision with the complainant and the alleged harasser.
Direct complaints related to employment may be filed with the Oregon Bureau of Labor and Industries, Civil Rights Division, or the U.S. Department of Labor, Equal Employment Opportunities Commission. If the complainant chooses to file with an outside agency or if legal action or a grievance is filed, the outside process will cause the District's complaint process to cease.