Harassment, Bullying and Hazing Prohibited. The District is committed to providing all students a safe and civil educational environment in which all are treated with dignity and respect. The District is also committed to promoting understanding and appreciation of the cultural diversity of our society. The District shall educate students about our cultural diversity and shall promote tolerance of individual differences. The District prohibits acts of intolerance, harassment, bullying, or hazing, including because of the individual’s real or perceived race, color, creed, gender, religion, marital status, ethnic background, national origin, disability, sexual orientation or gender identity, physical attributes, socio-economic status or familial status, physical or mental ability, ancestry, political party preference or political belief . Acts of intolerance, harassment, bullying, or hazing may be treated as grounds for discipline. Discipline may include suspension or expulsion of a student or termination of a staff member’s contract.
Harassment, Bullying, Hazing. Any behavior that has the purpose or effect of causing injury, intimidation, fear, or unreasonable discomfort, or that creates an intimidating, offensive, or hostile learning environment shall be prohibited. Examples of prohibited behavior may include, but are not limited to the following:
- verbal or nonverbal, physical or written harassment or abuse;
- unwelcome touching;
- inappropriate or demeaning remarks, jokes, stories, activities, signs or posters;
- implied or explicit threats concerning grades, awards, property or opportunities;
- unreasonable interference with a student’s educational opportunities;
- requiring, explicitly or implicitly, that a student submit to harassment, bullying, or hazing, as a term or condition of the student’s participation in any educational program or activity;
- submission to or rejection of such conduct is used as a basis for decisions affecting the student’s education or participation in an activity.
Sexual Harassment.
General. It is the policy of the Burlington Community School District to maintain a learning environment that is free from sexual harassment. All employees, visitors and students must avoid any action or conduct which could be perceived as sexual harassment. It shall be a violation of this policy for any person to harass a student through conduct or communications of a sexual nature.
Definition. Sexual harassment shall consist of unwelcome sexual advances, requests for sexual acts or favors, and other verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of the student’s educational opportunities or benefits; or
2. Submission to or rejection of such conduct by a student is used as the basis for educational decisions affecting that student; or
3. Such conduct has the purpose or effect of substantially interfering with a student’s education by creating an intimidating, hostile, or offensive educational environment.
Sexual harassment may include, but is not limited to the following:
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- verbal or nonverbal, physical or written harassment or abuse;
- requests or pressure for sexual activity;
- unwelcome touching;
- other verbal or physical conduct of a sexual nature, such as inappropriate jokes, signs and posters of a sexual nature;
- repeated remarks to or about a person with sexual or demeaning implications.
(Note: any sexual overtures made by a staff member to a student, whether welcomed or un-welcomed, shall be grounds for discipline, including discharge of the staff member.)
Complaint Procedures. Any student (or the student’s parents or guardians) alleging a violation of this policy may file a complaint using the Student Complaint Procedures 500.2 R1; using form 500.2 R1 Exhibit B. The complainant may bypass any step of the complaint procedure where the person to whom the complaint is to be lodged is the alleged perpetrator. The complainant may file the initial complaint with the compliance officer. Policy 507.9 shall govern the investigation of alleged cases of physical or sexual abuse, including sexual harassment, of students by staff members.
Bullying complaints may be filed on-line at the District website: www.BCSDS.org; or you may print the completed form and deliver to the appropriate building Principal. Form 500.2 R1 Exhibit A.
The complainant may be required to complete a written complaint form (See Code No. 500.1R1-Exhibit A) and to turn over copies of evidence of discrimination, harassment, bullying, or hazing including, but not limited to, letters, emails, tapes, signs, and pictures. The investigator shall promptly commence an investigation and proceed to completion. Both the complainant and the alleged perpetrator will be given an opportunity to give a statement. A written investigative report shall be completed, and a summary of the report, including a finding that the complaint Likely occurred, did not occur, or was inconclusive will be forwarded to the complainant and to the alleged perpetrator.
These procedures do not, in any way, deny the right of the complainant to file formal complaints or charges under the legal procedures provided by federal or state law. Inquiries or complaints may also be directed to federal and state agencies, including the Iowa Civil Rights Commission and the Office of Civil Rights of the United States Department of Education.
Compliance Officer. The Curriculum Director (319-753-6791 x112) shall be designated as the District’s compliance officer to insure that students are treated in accordance with this policy. In the event the compliance officer is the alleged perpetrator, the Director of Special Services (319-753-6791 x113) shall be the alternate compliance officer.
Confidentiality. The right to confidentiality, both of the complainant and of the alleged perpetrator, will be respected consistent with the District’s legal obligations and with the necessity to investigate allegations and take corrective actions. Confidential documentation of allegations or investigations will not be filed in the complainant’s student file.
No Retaliation. No person shall retaliate against a student or other person because the student or other person has filed a harassment, bullying or hazing complaint, assisted or participated in an investigation, or has opposed language or conduct that violates this policy, as long as the participation or action was done in good faith. Persons who knowingly file false complaints or give false statements shall be subject to discipline up to and including suspension or expulsion or termination of employment.
Corrective Actions. The District will take action to halt any improper harassment, bullying, or hazing and will take other appropriate corrective actions, including disciplinary measures which may include discharge, suspension or expulsion of a perpetrator, to remedy all violations of this policy.
Notification. Notice of this policy shall be communicated to staff, students, and parents of the District and shall be published in such manner as the compliance officer shall determine.
Training. The District shall educate staff and students about harassment, bullying and hazing, effective methods of prevention, and what to do in the event of such actions. The District shall participate in assessments of the effectiveness of this policy and education programs.
- First Adoption:
- 1994-07-01
- Revision Adoption:
- March 12, 2000/ August 21, 2005/ August 26, 2007/ December 8, 2013
- Reviewed Dates:
- July 17, 2016/ November 14, 2021
- Legal Reference:
- 216.9, 256.11, 279.8, 280.3, 280.17, 708.10, Code of Iowa; 281 I.A.C. 12.1(1), 12.3(2), 12.3(6), 12.5(8), Chapter 102; Title IX of the Education Amendments of 1972, 42 U.S.C. 2000c et seq.; Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et. seq.; Rehabilitation Act of 1973, 29 U.S.C. 794; Individuals With Disabilities Education Act, 20 U.S.C. §1401 et. seq.; Americans With Disabilities Act 42 U.S.C. §12101, et. seq.; 34 C.F.R. Parts 100, 104 and 106 and 300