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GBNA-AR - Hazing/Harassment/Intimidation/ Bullying/Menacing Complaint Procedure - Staff

Code: GBNA-AR
Adopted: 8/14/13
 

The following definitions and procedures shall be used for reporting, investigating and resolving complaints of hazing, harassment, intimidation, bullying, and acts of cyberbullying and menacing.

Definitions

  1.  “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 interdistrict and intradistrict athletic competitions or other school events.
  2.  “District” includes district facilities, district premises and nondistrict property if the employee is at any district-sponsored, district-approved or district-related activity or function, such as field trips, athletic events or where the employee is engaged in district business.
  3.  “Hazing” includes, but is not limited to, any act that recklessly or intentionally endangers the mental health, physical health or safety of a student/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 student/staff); 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.
  4.  “Harassment” includes, but is not limited to, any act which subjects an individual or group to unwanted, abusive behavior of a nonverbal, verbal, written or physical nature on the basis of age, race, religion, color, national origin, disability or sexual orientation.
  5.  “Intimidation” includes, but is not limited to, any threat or act intended to tamper, substantially damage or interfere with another’s property, cause substantial inconvenience, subject another to offensive physical contact or inflict serious physical injury on the basis of race, color, religion, national origin, or sexual orientation.
  6.  “Cyberbullying” means the use of any electronic communication device to convey a message in any form (text, image, audio or video) that intimidates, harasses or is otherwise intended to harm, insult or humiliate another in a deliberate, repeated or hostile and unwanted manner under a person’s true or false identity.
  7.  “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.

Retaliation/False Charges

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

Complaint Procedures

Principals and the superintendent have responsibility for investigations concerning hazing, harassment, intimidation, bullying and acts of cyberbullying or menacing.  The investigator(s) shall be a neutral party having had no involvement in the complaint presented.

Any employee who has knowledge of conduct in violation of Board policy JFCF – Harassment/Intimidation/Bullying/Cyberbullying – Student shall immediately report his/her concerns to the designated district official.

Any employee or third party who has knowledge of conduct in violation of this policy or feels he/she has been hazed, harassed, intimidated, bullied, cyberbullied or menaced in violation of this policy is encouraged to immediately report his/her concerns to the designated district official.

Complaints will be promptly investigated in accordance with the following procedures:

Step 1 - Any hazing, harassment, intimidation, bullying, acts of cyberbullying or menacing information (complaints, rumors, etc.) shall be presented to the building principal.  Complaints against the principal shall be filed with the superintendent.  Information may be presented anonymously.  Complaints against the superintendent shall be filed with the Board chair.  All such information will be reduced to writing and will include the specific nature of the offense and corresponding dates.

Step 2 - The district official receiving the complaint shall promptly investigate.  Parents will be notified of the nature of any complaint involving their student.  The district official will arrange such meetings as may be necessary with all concerned parties within five working 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 district official(s) conducting the investigation shall notify the complainant and parents as appropriate, when the investigation is concluded and a decision regarding disciplinary action, as warranted, is determined.

Step 3 - If the complainant is not satisfied with the decision at Step 2, he/she may submit a written appeal to the superintendent or designee.  Such appeal must be filed within 10 working days after receipt of the Step 2 decision.  The superintendent or designee will arrange such meetings with the complainant and other affected parties as deemed necessary to discuss the appeal.  The superintendent or designee shall provide a written decision to the complainant’s appeal within 10 working days.

Step 4 - If the complainant is not satisfied with the decision at Step 3, a written appeal may be filed with the Board.  Such appeal must be filed within 10 working days after receipt of the Step 3 decision.  The Board shall, within 20 working days, conduct a hearing at which time the complainant shall be given an opportunity to present the complaint.  The Board shall provide a written decision to the complainant within 10 working days following completion of the hearing.

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.

Documentation related to the incident may be maintained as a part of the employee’s personnel file.