JFCF - Hazing/Harassment/Intimidation/ Menacing/Bullying/Cyberbullying/ Teen Dating Violence/Domestic Violence - Student **
Re-adopted: 12/16/15; 11/16/22
The Board, in its commitment to providing a safe, positive, and productive learning environment for all students, will consult with parents/guardians, employees, volunteers, students, administrators, and community representatives in developing this policy in compliance with applicable Oregon law. Hazing, harassment, intimidation or bullying, menacing, and acts of cyberbullying by students, staff, or third parties toward students is strictly prohibited in the district. Teen dating violence is unacceptable behavior and prohibited. Each student has the right to a safe learning environment. 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, or teen dating violence, or otherwise participates in an investigation or inquiry is strictly 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 consequences and 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 the Board. Students, staff, or third parties may also be referred to law enforcement officials. The principal and the superintendent are responsible for ensuring that this policy is implemented. Definitions “District” includes district facilities, district premises, and nondistrict 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 interdistrict and intradistrict 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, (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); requires, encourages, authorizes or permits another to be subject to wearing or carrying any obscene or physically burdensome article; or assignment of 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 consent 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, on district-provided transportation, or at any official district bus stop, that may be based on, but not limited to, the protected class status of a person, and 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” means a group of persons distinguished, or perceived to be distinguished, by race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, or disability. “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. Students and staff will refrain from using personal communication devices or district equipment to violate this policy. “Retaliation” means any acts of, including but not limited to, hazing, harassment, intimidation or bullying, menacing cyberbullying toward the victim, a person in response to an actual or apparent reporting of, or participation in the investigation of hazing, harassment, intimidation or bullying, menacing, teen dating violence, acts of cyberbullying, or retaliation. “Menacing” includes, 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 or bullying, menacing cyberbullying, or teen dating violence. 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 in a vehicle used for district-provided transportation shall immediately report the incident to the building principal. Failure of an employee to report any act of hazing, harassment, intimidation or bullying, menacing cyberbullying, or teen dating violence 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 or bullying, menacing, 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 concerns to the building principal. A report made by a student or volunteer may be made anonymously. A student or volunteer may also report concerns to a teacher or counselor who will be responsible for notifying the appropriate district official. Reports against the principal shall be filed with the superintendent. 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 review the actions taken in the initial investigation, in accordance with administrative regulations and district complaint procedures. Notification to Parents or Guardians The building principal shall notify the parents or guardians of a student who was subject to an act of harassment, intimidation, bullying or cyberbullying, and the parents or guardians of a student who may have conducted an act of harassment, intimidation, bullying or cyberbullying. The notification must occur with involvement and consideration of the needs and concerns of the student who was the subject to an act of harassment, intimidation, bullying or cyberbullying. The notification is not required if the building principal reasonably believes notification could endanger the student who was subjected to an act of harassment, intimidation, bullying or cyberbullying or if all of the following occur: 1. The student who was subjected to an act of harassment, intimidation, bullying, or cyberbullying requests that notification not be provided to the student’s parents or guardians. 2. The building principal determines that notification is not in the best interest of the student who was subjected to an act of harassment, intimidation, bullying, or cyberbullying; and 3. The building principal informs the student that federal law may require the student’s parents and guardians to have access to the student’s education record, including any requests of nondisclosure (from item 1 above). If the building principal determines the notification is not in the best interest of the student, they must inform the student of that determination prior to providing notification. When notification is provided, the notification must occur: 1. Within a reasonable period of time; or 2. Promptly, for acts that caused physical harm to the student.
Training and Education
The district shall incorporate into existing training programs for students 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 shall be responsible for ensuring annual notice of this policy is provided in a student or staff handbook, school and district’s website, and school and district office and the development of administrative regulations, including reporting and investigative procedures. 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 ODE.
END OF POLICY
ORS 163.190 ORS 163.197 ORS 107.705
ORS 166.155 to-166.165
ORS 339.351 to-339.368
OAR 581-022-2310 OAR 581-022-2370 House Bill 2361 (2021) House Bill 3041 (2021)
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (2018).
ACB - Every Student Belong
GBN/JBA - Sexual Harassment
GBNAA/JHFF - Suspected Sexual Conduct with Students and Reporting Requirements
JBA/GBN - Sexual Harassment
JFCM - Threats of Violence
JHFE/GBNAB - Suspected Abuse of a Child Reporting Requirements
JHFF/GBNAA - Suspected Sexual Conduct with Students and Reporting Requirements