No. 248.

1 SECTION: PUPILS HARASSMENT/BULLYING/ INTIMIDATION August 20, 2007

OCTORARA AREA SCHOOL DISTRICT

TITLE: ADOPTED: REVISED:

248.1 HARASSMENT/BULLYING/INTIMIDATION 1. Purpose The Octorara Area School District strives to provide a safe, positive, non-hostile learning environment that fosters the educational process. Therefore, it shall be the policy of the district to maintain an educational environment in which harassment/ bullying/intimidation or peer abuse of any kind as determined by administration in any form is not tolerated. To ensure such an environment, the Octorara Area School District strictly prohibits any conduct of any student or non-student that creates or is intended to create an intimidating, threatening, offensive or hostile learning environment. All students and adults have a responsibility to conduct themselves in a manner consistent with this policy, thereby avoiding any conduct that constitutes harassment/bullying/ intimidation. The Board encourages students who have been harassed/bullied/intimidated to promptly report such incidents to the designated individuals such as adults in their respective buildings and adults at home. The Board directs that complaints shall be investigated promptly, and corrective action shall be taken when allegations are verified. Confidentiality of all parties shall be maintained, consistent with the districts legal and investigative obligations. Neither reprisals nor retaliation shall occur as a result of good faith charges of harassment/bullying/intimidation. 3. Definitions For the purpose of this policy, harassment, intimidation or bullying includes but it is not limited to verbal, graphic or physical conduct or threats of such conduct, directed at a student as a result of, related to or regarding the students personal appearance, socioeconomic level, race, ethnicity, ancestry, national origin, gender, religion, generalization ability, speech or speech patterns, sexual orientation, disability, or relational associations. The act takes place on school property, at any school-sponsored function, on any school bus or at the bus stop. Examples of prohibited harassment/intimidation/bullying can include, but is not limited to the following: 1. Physical conduct.

2. Authority

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- Pg. 2 2. Cyber communication of a harassing/bullying/intimidating nature. 3. Intimidation, threats or hazing. 4. Verbal conduct such as name calling, sexist or racist comments, threats of harm, jokes about anothers appearance or attributes, or unreasonable and unwelcome teasing/taunting. 5. Unwelcome sexual advances, requests for sexual favors and other inappropriate verbal or physical conduct of a sexual nature and or references to sexual orientation. 4. Delegation of Responsibility The district shall annually inform students, staff, parents/guardians, independent contractors, visitors and volunteers that harassment/bullying or intimidation of students will not be tolerated, by means of: 1. Distribution of written policy in handbooks. 2. Posting of notices/signs. The district shall provide training for students and staff concerning all aspects of harassment/bullying/intimidation as well as appropriate student and staff prevention and or intervention regarding said behavior. Each staff member shall be responsible to maintain an educational environment free from all forms of harassment, bullying or intimidation. Each student shall be responsible to respect the rights of their fellow students and to ensure an atmosphere free from all forms of harassment. The Board believes that the best discipline is self-imposed and it is the responsibility of staff to use disciplinary situations as opportunities for helping students to assume and accept responsibility for their behavior and the consequences of their behavior. The building principal will use positive rewards for students that report the inappropriate behavior or speak up for other students or include other students in addition to other behaviors that are deemed positive. Appropriate staff will determine the rewards for the student. Students shall be informed that they may choose to report complaints to: 1. Building Principals 2. Teachers 3. Counselors 4. Nurses

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- Pg. 3 5. Administrators 6. Any employees, i.e.: coach, teacher aide, secretary, custodian, or an adult at home. All employees who receive complaints from a student shall report and document the interaction, response and provide necessary feedback to the student along with reporting the incident to the building principal. If the building principal is the subject of a complaint, the student shall report the complaint directly to the Superintendent or designated administrator. 5. Guidelines When a student believes that s/he is being harassed/bullied/intimidated, the student should immediately follow the established complaint procedure. Complaint Procedure 1. A student shall report a complaint of harassment/bullying/intimidation orally or in writing, to the building principal or a designated adult in their respective buildings or at home, who shall inform the student of his/her rights and of the complaint process. 2. The building principal shall immediately notify the Superintendent or other designated administrator and shall conduct an impartial, thorough and confidential investigation of the alleged harassment. In determining whether alleged conduct constitutes harassment, bullying or intimidation, the totality of the circumstances, nature of the conduct, and context in which the alleged conduct occurred shall be investigated. 3. The building principal shall prepare a written report summarizing the investigation and recommending disposition of the complaint. Copies of the report shall be provided to the complainant, the accused, the Superintendent and others directly involved, as deemed appropriate. If the investigation results in a substantiated charge, the district shall take prompt corrective action to ensure the harassment/bullying/intimidation ceases and will not recur. The principal shall report the incident to the parents/guardians of the harassed students and the parents/guardians of the student perpetrator while maintaining confidentiality. If the building principal is the subject of the complaint, the complainant shall report the complaint directly to the Superintendent or Assistant Superintendent.

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- Pg. 4 Discipline Determination of the appropriate disciplinary sanctions of educational requirements shall be based upon the following circumstances of each individual situation, considering the following factors, and any other that seem pertinent: 1. Severity of the misconduct. 2. Pervasiveness or persistence of the misconduct. 3. Effect on the victim or victims. 4. Intent of the perpetrator. 5. Recognition of age, development stage and documented exceptionalities of the perpetrator. 20 U.S.C. Sec. 1400 et. seq. Pol. 218 Any disciplinary action shall be subject to limitations of applicable law and reflective of IDEA (Individuals with Disabilities Education Act). If the Superintendent and/or his/her designee conclude that no harassment/bullying/ intimidation has occurred, the parties shall be so notified. Under no circumstances shall any record of the complaint that is found to be without basis be placed in an accused students record or released to any person other than the accused, the Superintendent, or the staff member to whom the complaint was originally made, without the consent of the accused, except by order of the court. Pol. 317, 417, 517 Pol. 218, 233 A substantiated charge against a district staff member shall subject such staff member to disciplinary action, including possible discharge. A substantiated charge against a district student shall subject such student to disciplinary action, consistent with the Student Code of Conduct, and may include educational activities and/or counseling services related to harassment/bullying/ intimidation. If it is concluded that a student has made false accusations, such student shall be subject to disciplinary action, consistent with the Student Code of Conduct. Appeal Procedure 1. If the complainant or accused is not satisfied with the principals decision, the student may file a written appeal to the Superintendent. 2. The Superintendent shall review the initial investigation and report and may also conduct a reasonable investigation. S/He shall prepare a written response to the appeal and shall review it with the complainant and parents/guardians.

Pol. 218

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References: School Code 24 P.S. Sec. 510 Individuals with Disabilities Education Act 20 U.S.C. Sec. 1400 et. seq. Board Policy 218, 233, 248, 317, 417, 517

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