The Board is committed to providing a safe, positive and productive learning environment for all students. Hazing, harassment, intimidation menacing, bullying and cyberbullying by students, staff, or third parties towards students is strictly prohibited. Teen dating violence is unacceptable behavior and prohibited.  Retaliation against any person who is a victim of, who reports, is thought to have reported, or files a complaint about an act of hazing, harassment, intimidation or bullying, menacing, an act of cyberbullying, teen dating violence, or otherwise participates in an investigation or inquiry is prohibited.  A person who engages in retaliatory behavior will be subject to consequences and appropriate remedial action.  False charges shall also be regarded as a serious offense and will result in disciplinary action or other appropriate remedial action.

Students whose behavior is found to be in violation of this policy will be subject to consequences and appropriate remedial action which may include discipline, up to and including expulsion.  

Staff whose behavior is found to be in violation of this policy will be subject to consequences and appropriate remedial action which may include 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 designee.

Students, staff, or third parties may also be referred to law enforcement officials.

The superintendent is directed to develop administrative regulations to implement this policy.

Definitions

“District” includes district facilities, district premises, areas adjacent to district grounds, on district-provided transportation, official district bus stops and non-district property if the student is at any district-sponsored, district-approved or district-related activity or function, such as field trips or athletic events where students are under the jurisdiction of the district.

“Third parties” include, but are not limited to, coaches, school volunteers, parents, school visitors, service contractors, or others engaged in district business, such as employees of businesses or organizations participating in cooperative work programs with the district and others not directly subject to district control at inter-district and intra-district athletic competitions or other school events.

“Hazing” includes, but is not limited to, any act that recklessly or intentionally endangers the mental health, physical health or safety of a student for the purpose of initiation or as a condition or precondition of attaining membership in, or affiliation with, any district-sponsored activity or grade level attainment, e.g., 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 student); requires, encourages, authorizes or permits another to be subject to wearing or carrying any obscene or physically burdensome article; assigns pranks to be performed or other such activities intended to degrade or humiliate.  It is not a defense against hazing that the student subjected to hazing consented to or appeared to be consenting to the hazing.

“Harassment, intimidation or bullying” means any act that substantially interferes with a student’s educational benefits, opportunities or performance that takes place on or immediately adjacent to district grounds, at any district-sponsored activity, or district-approved transportation, or at any official district bus stop, that may be based on, but not limited to, the protected class status of a person, having the effect of:

1.       Physically harming a student or damaging a student’s property;

2.       Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property; or

3.       Creating a hostile educational environment including interfering with the psychological well-being of the student.

“Protected class,” for the purposes of this policy, means a group of persons distinguished, or perceived to be distinguished, by race, color, religion, gender, sexual orientation, gender identity, gender expression, national origin, marital status, disability, familial status, or source of income.

“Teen dating violence” means:

1.       A pattern of behavior in which a person uses or threatens to use physical, mental or emotional abuse to control another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age; or

2.       Behavior by which a person uses or threatens to use sexual violence against another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age.

“Domestic violence” means abuse between family and/or household members, as those terms are described in ORS 107.705.

“Cyberbullying” is the use of any electronic communication device to harass, intimidate or bully.

“Retaliation” means any acts of, including but not limited to, hazing, harassment, intimidation or bullying, menacing or cyberbullying toward the victim, a person in response to an actual or apparent reporting or, or participation in the investigation of hazing, harassment, intimidation, bullying or menacing, teen dating violence, acts of cyberbullying or retaliation.

“Menacing” includes, but is not limited to, any act intended to place a district employee, student or third party in fear of imminent serious physical injury.

Reporting

The building principal will take reports and conduct a prompt investigation of any reported acts of hazing, harassment, intimidation, menacing, bullying, teen dating violence or cyberbullying. Any employee who has knowledge of conduct in violation of this policy shall immediately report concerns to the building principal who has overall responsibility for all investigations. Any employee who has knowledge of incidents of teen dating violence that took place on district property, at a district-sponsored activity or district vehicle used for district-provided transportation shall immediately report the incident to the building principal. Failure of an employee to report an act of hazing, harassment, intimidation or bullying, menacing, or teen dating violence or acts of cyberbullying to the building principal may be subject to remedial action, up to and including dismissal. Remedial action may not be based solely on an anonymous report.

Any student who has knowledge of conduct in violation of this policy or feels they have been subjected to an act of hazing, harassment, intimidation, menacing, bullying or cyberbullying or feel they have been a victim of teen dating violence in violation of this policy is encouraged to immediately report concerns to the building principal who has overall responsibility for all investigations.  Any volunteer who has knowledge of conduct in violation of this policy is encouraged to immediately report his/her concern to the building principal who has overall responsibility for all investigations. This report may be made anonymously. A student or volunteer may also report concerns to a teacher or counselor who will be responsible for notifying the building principal.

Reports against the principal shall be filed with the superintendent or designee. Reports against the superintendent shall be filed with the Board chair.

The person who makes the report shall be notified when the investigation has been completed and, as appropriate, the findings of the investigation and any remedial action that has been taken. The person who made the report may request that the superintendent or designee review the actions taken in the initial investigation, in accordance with administrative regulations accompanying this policy.

Training and Education

The district shall incorporate into existing training programs for students and staff information related to the prevention of, and the appropriate response to, acts of harassment, intimidation or bullying and acts of cyberbullying and this policy.

The district shall incorporate age-appropriate education about teen dating violence and domestic violence into new or existing training programs for students in grades 7 through 12.

The district shall incorporate into existing training programs for staff information related to the prevention of, and the appropriate response to, acts of harassment, intimidation or bullying, teen dating violence, domestic violence and acts of cyberbullying and this policy.

Notice

The superintendent or designee shall be responsible for ensuring annual notice of this policy is provided in the student or staff handbook (either printed or electronic), school and district’s website and the school and district office. Complaint procedures, as established by the district, shall be followed.

Domestic violence posters provided by the Oregon Department of Education (ODE) shall be posted in clearly visible locations on school campuses in accordance with rules adopted by the ODE.

END OF POLICY

Legal Reference(s):

ORS 163.190
ORS 163.197
ORS 107.705
ORS 166.065
ORS 166.155 to -166.165
ORS 174.100(7)
ORS 332.072
ORS 332.107
ORS 339.240
ORS 339.250
ORS 339.254
ORS 339.351 to -339.368

OAR 581-021-0045
OAR 581-021-0046
OAR 581-021-0055
OAR 581-022-2310
OAR 581-022-2370

Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (2018).

Cross Reference(s):

GBN - Sexual Harassment - Staff
GBNA - Hazing, Harassment, Intimidation, Bullying, Menacing, Cyberbullying - Staff
JBA  - Sexual Harassment - Students
JFCM - Threats of Violence
KL - Public Complaints