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504.01
STUDENTS
Discipline Policy
One of the main purposes of education is to develop each student's maximum
potential in a democratic society. In order to accomplish this objective,
public schools must provide and maintain a school atmosphere that will encourage
learning and help students develop responsibility in accordance with what
is appropriate, decent, just, and respectful and fair to others.
Good discipline begins in the home, and it is a parent's obligation
and responsibility to set an example to encourage students to develop the
proper attitude toward the school. The home and school must work together
so that each student will develop into the best possible citizen.
BASIC ELEMENTS
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Definition of School Discipline
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General Statements Relating to Maintenance of School Discipline
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Breach of Discipline
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Criminal Acts
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Tobacco, Liquor, and Controlled Substance
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Assaults and Threats to School Personnel
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Gang Activities
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Harassment
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Other Breaches of Discipline
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Control for which School Authorities
Is Responsible
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Actions in Disciplinary Cases
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Corporal Punishment Barred
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Reasonable Force
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Weapons
* * * *
The development of this policy is the result of the combined efforts of
persons representing instructional and non-instructional staff, parents,
pupils, and the Board.
AMPLIFICATION OF THE BASIC ELEMENTS
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School discipline is the guidance of the conduct of pupils in a way
that permits the orderly and efficient operation of the school, i.e., the
maintenance of scholarly, disciplined atmosphere to achieve maximum educational
benefits for all pupils.
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General Statements Relating to Maintenance of School Discipline
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School procedures necessary for achievement of the maximum educational
benefits must be carried out. The carrying out of such school procedures
is the joint responsibility of the Board, its staff, the pupils,
and their parents.
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The dignity of the pupil
as an individual shall be protected with proper consideration for
personal feelings that may be associated with the pupil's
age, color, creed, national origin, ancestry, race, religion,
marital status, sex, gender, sexual orientation, gender identity,
physical attributes, physical or mental ability or disability, political
party preference, political belief, socioeconomic status, or parental or
familiar status. The recognition by the
pupil and teacher of their responsibilities to each other in this
connection might well establish a mutual respect that should stimulate a
sound basis for carrying out school procedures.
The dignity of the teacher and the principal as individuals and the respect
for the teacher and the principal in their professional capacity as an important
part of the school district should be protected--with proper consideration
for the personal feelings of the individuals associated with the complexity
and problems of teaching and administration.
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Members of the various staffs shall have the authority necessary to
carry out such school procedures, including the use of reasonable physical
force to prevent and stop any act of interference with the scholarly, disciplined
atmosphere of the school.
-
Teachers and principals are assured of prompt and decisive support
by the Board and the Superintendent's office in cases involving a breach
of discipline.
-
Lockers and other school properties are loaned to the pupils for their
use by the Board and are subject to periodic inspection by the
administrators anytime upon at least twenty-four hours' notice to the students.
Lockers may also be searched in accordance with Board Policy No. 504.03 for
the safety and welfare of the pupils and the school. It is desirable that
students be present at inspection time.
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The school administration shall not be bypassed by students, faculty,
or others on any kind of problem. The general procedure is from student
to teacher, to counselor, to principal, to Administrative Advisory Council,
to Superintendent, and then to Board.
-
Breach of Discipline is any conduct of pupils
that interferes with
the maintenance of school discipline.
Acts of behavior that tend to conflict with the educational program or
that are antagonistic to the welfare of the students cannot be tolerated.
Insubordination and misbehavior are incompatible with school discipline.
The following conduct is prohibited and may result in disciplinary action.
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Criminal acts
Criminal acts by students shall be reported by the principal or acting
building administrators to the Juvenile Bureau of the police department.
Criminal acts such as assault, battery, larceny, robbery, vandalism, malicious
threats, and malicious use of the telephone shall also result in disciplinary
action. Principals should always be notified later, in the event that they
are not present at the time, of the criminal act.
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Tobacco, liquor, and other controlled substances
The use, possession, or distribution of tobacco, alcoholic
liquor or beer or any controlled substance that is considered an illegal drug,
or any drug paraphernalia or any
look-alike drugs (as defined in the Uniform Controlled Substances Act) by
any student on school property or while attending a school function as a
participating representative of the school is prohibited. Students may
be suspended, expelled, or excluded for any violation of this rule. The
unauthorized distribution of prescription drugs to other students is,
likewise prohibited, and subject to the penalties listed above.
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Threats and assaults to school personnel
Whenever a pupil is charged with assault or assault and battery upon a
staff member, the principal shall immediately be notified and shall undertake
to determine whether there are reasonable grounds to believe the truth of
the charge. If the principal so determines, the principal shall suspend the
pupil at once and institute expulsion proceedings.
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Gang activities
This Board believes that the presence of gangs and gang
activities has caused and continues to cause a substantial disruption of
or material interference with school and school activities. A "gang" as defined
in this policy and under Iowa Code 723A means any ongoing organization,
association, or group of three or more persons, whether formal or informal,
having as one of its primary activities the commission of one or more criminal
acts, which has an identifiable name or identifying sign or symbol, and whose
members individually or collectively engage in or have engaged in a pattern
of gang activity. The "pattern of gang activity" means the commission,
attempt to commit, conspiring to commit, or solicitation of two or more criminal
acts, provided the criminal acts were committed on separate dates or by two
or more persons who are members of, or belong to, the same criminal street
gang. Students may be suspended, expelled, or excluded for any violation
of the rules listed below. By this policy, the Board acts to
prohibit the existence of gangs and gang activities as follows:
No student on or about school property or at any school activity --
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Shall wear, possess, use, distribute, display, or sell any clothing,
jewelry, emblem, badge, symbol, sign, or other thing that is evidence of
membership in or affiliation with any gang.
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Shall commit any act or omission or use any speech, either verbal or
non-verbal (gestures, hand shakes, etc.) showing membership or affiliation
in a gang.
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Shall use any speech or commit any act or omission in furtherance of
the interests of any gang or gang activity, including, but not limited to:
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Soliciting others for membership in any gangs; -
Requesting any person to pay for "protection" or otherwise intimidating
or threatening any person; -
Committing any
illegal act or violation of school district policies; or -
Inciting another student to act with physical violence upon any other
person.
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Harassment
Harassment is conduct that is offensive and has the purpose or effect
of alarming, annoying, abusing, or demeaning individuals based on age, color,
creed, national origin, race, religion, marital status, sex, sexual
orientation, gender identify, physical attributes, physical or mental
ability or disability, ancestry, political party preference, political
belief, socioeconomic status, or familiar status. Examples
of harassment include offensive contact, jokes, stories, pictures, or objects.
Sexual harassment includes but is not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual
nature when such conduct has the purpose or effect of unreasonably interfering
with an individual's school performance or creating an intimidating, hostile,
or offensive school environment. Students who believe they are being harassed
by other students, employees, parents, or volunteers shall report their
concerns to any staff member including teachers, counselors, or
administrators.
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Other breaches of discipline include but are not limited to the following:
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Temper tantrums that disrupt the orderly process of the school;
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Intimidating or threatening behavior;
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Open defiance involving refusal to conform to rules and regulations,
profane or obscene language, loud and boisterous conduct that disturbs the
orderly, efficient, and disciplined atmosphere and operation of the school,
refusal to comply with the requests or direction of teachers, administrators,
or other school personnel or similar actions;
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Willful disobedience;
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Breaking of rules of the school ; -
Physical attack and/or threats of physical attack, or physical violence
to teachers, to the pupils, or to any other personnel;
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Personal misbehavior such as extortion, intimidation, or possession
of dangerous objects;
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Display of overt bigotry or intolerance; or
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Libel or slander.
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Disciplinary Control of Pupils is to be exercised as
follows:
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While on school premises and traveling to and from
school
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While on school buses or on chartered buses
supervised by school personnel
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While away from school grounds and if in the judgment
of the Superintendent or the administration, an incident of student
behavior occurs that grew out of a school-sponsored activity.
Incidents of student behavior
that occur off school
property, and do not grow out of school sponsored-activities, ordinarily
are not the responsibility of the school or its authorities, but may
affect a student's eligibility to participate in extracurricular
activities, including athletic teams, academic competitions, and clubs.
The school may counsel and assist in whatever way possible students who
are in difficulty.
Parent(s) or legal guardian(s)
(hereinafter "parent(s)") of pupils are responsible for the actions and
conduct of their children on and off school premises at all times. Other
agencies, such as the Police Department, Juvenile Department, and the Courts,
as well as other community agencies, have responsibilities, either defined
by Law or by purpose of the agency, to assist juveniles whenever possible.
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Actions in Disciplinary Cases
The following actions are authorized to be taken in cases of breach of
school regulations and breaches of discipline:
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Detention:
Before or after school or at other times under certain circumstances
(including Saturdays)
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Denial of privileges:
Exclusion from class or activity.
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Suspension of the pupil from school or school
activities:
After reasonable investigation into the nature and extent of any breach
of regulations or discipline, a principal shall have the discretionary authority
to suspend a pupil from school and/or school activities. The pupil, said
pupil's parents, and the appropriate Administration Service Center
Administrator shall be notified in writing immediately of the suspension and the reasons
for it.
The principal shall schedule a conference with the pupil and his or her
parents to be held as soon as practicable after the suspension. Following
such conference, the principals shall determine whether the pupil shall be
readmitted to school or school activities or whether the matter should be
referred to the Administrative Advisory Council for further proceedings.
Any such reference must be made within ten days after issuance of the suspension
order.
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Probation:
Probation may consist of disciplinary probation, academic probation,
and/or social probation. The nature and extent of these categories shall
be defined by the administration with the approval of the faculty.
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Appeal proceedings from orders of suspension or
probation:
The Administrative Advisory Council shall review all cases involving
suspension or probation referred to it. The Administrative Advisory
Council shall consist of the appropriate Administration Service Center
Administrator, a faculty representative who is not personally involved in
the matter, and an administrator from a different building at that
level. A majority of the full voting Council shall constitute a quorum for
the transaction of business.
Upon referral of any suspension or probation matter to the Council, the
appropriate Administration Service Center Administrator shall schedule a
prompt hearing and give written notice thereof to the pupil and the pupil's
parent(s). At such hearing, the Council shall receive testimony from the pupil
and any other interested person. The pupil shall be entitled to representation
by counsel and have the right to call and cross-examine witnesses.
Upon conclusion of the hearing, the Council shall make written findings
and recommendations as to extension, termination, or other disposition
of the suspension or probation, which shall be filed with the
Superintendent for action. A copy of such findings and recommendations
shall be provided to the pupil and the pupil's parent(s).
Any recommendation for expulsion shall be forwarded to the Board for action. The
Superintendent shall act on all cases involving discipline other than a
recommended expulsion. The Superintendent's decision shall be stated in writing, and
a copy shall be provided to the pupil and to the pupil's parent(s). The
Superintendent's decision shall be final involving discipline other than
a recommended expulsion. If the pupil or his/her parent(s) want the
Superintendent's decision to be reviewed, they must file a written request
with the Board within five school days after receipt of the
Superintendent's decision.
All decisions by the Board shall be final within the authority
vested in it by Iowa law.
All Administrative Advisory Council hearings on suspension orders shall
be convened no later than the eleventh school day following issuance of the
suspension order. All hearings on probation appeals shall be convened no
later than the eleventh school day following receipt of the request for review
of the probation order. All hearings on exclusion of pupils from class shall
be convened no later than the fifth school day after referral by the principal.
Pending Administrative Advisory Council hearing and recommendations and action
by the Superintendent and/or Board, all suspension, probation,
and class exclusion orders shall remain in effect, unless lifted or otherwise
modified by the Superintendent or Board.
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Corporal Punishment
An employee of the District shall not inflict,
or cause to be inflicted, corporal punishment upon a student. For purposes
of this section, "corporal punishment" means the intentional physical punishment
of a student. An employee's physical contact with the body of a student is
justified if it is reasonable and necessary under the circumstances, and
is not designed or intended to cause pain, or if the employee uses reasonable
force, as defined under section 704.1 of the Code of Iowa, for the protection
of the employee, the student, or other students; to obtain the possession
of a weapon or other dangerous object within a student's control; or for
the protection of property.
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Reasonable Force
Physical force may be used only to prevent a breach of discipline or
to stop a continuing breach of discipline. Physical force is not to be used
in relation to any breach of discipline that has been completed.
Restraint, which is considered the act of controlling the actions of
a pupil when such action may inflict harm to said pupil or to others, is
not considered corporal punishment. Teachers and administrators must feel
free to use whatever reasonable means are appropriate at the moment if it
is necessary to prevent a pupil from harming self or others.
VIII. Weapons
The Board believes weapons and other dangerous objects and look-alikes
in school district facilities cause material and substantial disruption to
the school environment or present a threat to the health and safety of students,
employees, and visitors on the District premises or property within
the jurisdiction of the District. For purposes of this policy, the
term "weapons and other dangerous objects" shall include any instrument designed
or intended to be used in either offensive or defensive combat.
District facilities are not an appropriate place for weapons or
dangerous objects and look-alikes. Weapons and other dangerous objects and
look-alikes shall be taken from students and others who bring them onto the
District property or onto property within the jurisdiction of the District or from students who are within the control of the
District.
Parents of students found to possess a weapon or dangerous objects or
look-alikes on school property shall be notified of the incident. Confiscation
of weapons or dangerous objects shall be reported to law enforcement
officials, and the student will be subject to disciplinary action including
suspension or expulsion.
Students bringing a firearm to school shall be expelled for not less
than twelve months. Students bringing to school or possessing dangerous weapons,
including firearms, will be referred to law enforcement authorities. The
superintendent shall have the authority to recommend this expulsion requirement
be modified for a student on a case-by-case basis. For purposes of this portion
of this policy, the term "firearm" includes any weapon designed
to expel a projectile by the action of an explosive or other propellant,
the frame or receiver of any such weapon, a muffler or silencer for such
a weapon, or any explosive, incendiary, or poison gas.
Weapons under the control of law enforcement officials shall be exempt
from this policy. The principal may allow authorized persons to display weapons
or other dangerous objects or look-alikes for educational purposes, such as
ROTC, when supervised by staff. Such
a display shall also be exempt from this policy. It shall be the responsibility
of the Superintendent, in conjunction with the principals, to develop
administrative regulations regarding this policy.
504.02
STUDENTS
Personal Appearance of Students
The Board believes inappropriate student appearance causes material and
substantial disruption to the school environment or presents a threat to the
health and safety of students, employees and visitors. While the primary
responsibility for appearance lies with the students and their parents,
appearance disruptive to the education program will not be tolerated. When in
the judgment of a principal a student's appearance or mode of dress disrupts the
educational process or constitutes a threat to health or safety, the student may
be required to make modifications.
Students are expected to adhere to standards of cleanliness and dress that are
compatible with the requirements of a good learning environment. The Board
expects students to be clean and well-groomed and wear clothes in good repair
and appropriate for the time, place, and occasion.
The following items are prohibited in school buildings:
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Any item of clothing that disrupts the learning process
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Clothing that promotes illegal products or acts (including those illegal
to minors)
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Clothing that contains explicit violent or suggestive sexual content
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Clothing that is deemed obscene or profane
It is the responsibility of the Superintendent or superintendent's designee, in
conjunction with the principals, to develop administrative regulations regarding
this policy so the standards will be consistent across the District.
504.03
STUDENTS
Search and Seizure
District property is held in public trust by the Board. District authorities may, without a search warrant, search students, student
lockers, personal effects, desks, work areas, or student vehicles based on
a reasonable and articulable suspicion that a District policy, rule,
regulation, or law has been violated. The search shall be in a manner reasonable
in scope to maintain order and discipline in the schools, promote the educational
environment, and protect the safety and welfare of students, employees, and
visitors to the District facilities.
School authorities may seize any illegal, unauthorized, or contraband
materials discovered in the search. Items of contraband may include, but
are not limited to, nonprescription controlled substances, marijuana, cocaine,
amphetamines, barbiturates, apparatus used for controlled substances, alcoholic
beverages, tobacco, weapons, explosives, poisons, and stolen property. Such
items are not to be possessed by a student while they are on District
property or on property within the jurisdiction of the District; while
on school owned and/or operated school or chartered buses; while attending
or engaged in school activities; and while away from school grounds if misconduct
will directly affect the good order, efficient management, and welfare of
the District. Possession of such items will be grounds for disciplinary
action as specified in Policy 504.01 Discipline Policy. The Board believes
that illegal, unauthorized, or contraband materials may cause material and
substantial disruption to the school environment or presents a threat to
the health and safety of students, employees, or visitors on the District
premises or property within the jurisdiction of the District.
Periodically a drug sniffing dog will be used to check lockers and parking lots
as a regular part of the substance abuse prevention program. This will be
effective as of August 23, 2004.
It shall be the responsibility of the Superintendent, or superintendent's
designee, in conjunction with
the principals, to develop administrative regulations regarding this
policy.
504.04
STUDENT
Substance Abuse
MISSION STATEMENT
The goal of the District is to develop an
atmosphere that will eliminate the use of alcohol and other drugs by students
in our schools. District policies and procedures address the broad scope
of the alcohol and drug problem.
PHILOSOPHY
The District recognizes that the use of alcohol
and other drugs and the problems associated with such use are increasing in our
society, especially among youth. An individual's use of alcohol or other
drugs may be deemed destructive to the individual or to others. Support can
be offered through prevention, intervention, and assistance involving the
home, school, and community.
JURISDICTION
No student is allowed to have a substance in possession or have consumed
any substance on school grounds or off school grounds while a student is
attending or participating in a school-sponsored activity. Any substance found in the possession or control of a student shall be confiscated
and turned over to the appropriate authority.
DEFINITION
The Iowa Code Chapter 204 defines a dangerous drug as any alcoholic beverage
or controlled substance (e.g. opiates, narcotics, hallucinogens, stimulants,
cocaine, and depressants) which is illegal without a doctor's prescription.
This policy applies to "look alike" substances that appear to be an alcoholic
beverage or a controlled substance.
TYPE OF VIOLATIONS
POSSESSION:
Having on one's person/effects any of the substances or "look alikes"
noted in the Iowa Code 204 and identified in the
District's definition statement, or having on one's person/effects any
substance-related paraphernalia while on school property or at school-sponsored
activities is prohibited.
USE:
Consumption of substances noted in the Iowa Code 204 and identified in
the District's definition statement on school
property or at school-sponsored activities is prohibited. Arriving at school
or at school-sponsored activities after having consumed substances noted
in the Iowa Code 204 and identified in the District's
definition statement on school property or at school-sponsored activities
is prohibited.
MANUFACTURING:
The reproduction or creation of substances and related paraphernalia on
school property or at school-sponsored activities is prohibited.
DELIVERY/TRANSFER/SALE:
The delivery/transfer/sale of substances or paraphernalia on school property
or at school-sponsored activities is prohibited.
STAFF RESPONSIBILITY
-
The District recognizes the responsibility
to educate its staff and support personnel regarding the general signs and
symptoms of substance use and abuse.
-
The District recognizes the responsibility
of staff and support personnel to refer students who are suspected of using
a controlled substance to the designated authority.
-
The District further recognizes its
responsibility to establish relationships with the agencies and organizations
in the community that may provide assessment, treatment, and support
services.
CURRICULUM
In accordance with Iowa Code 256.11(6) (j) which states that health education
shall teach awareness of the effects of alcohol, tobacco, drugs, and poisons
on the human body, the District supports comprehensive
(K-12) substance abuse education.
CONSEQUENCES
The use or possession of tobacco, alcohol or any controlled substance, as defined in the Uniform Controlled
Substances Act, by any student on school property or while attending a school
function as a participating representative of the school, is prohibited.
Building administrators may recommend a substance abuse evaluation at a state
approved alcohol/drug agency in the community. Compliance with such
recommendations is expected. Suspension/expulsion may occur.
PROCEDURES
FOR ALL PERSONNEL
Procedures to be followed for students under the influence of alcohol,
narcotics, or other dangerous drugs:
-
If a student appears to be displaying unusual behavior in or out of
the classroom due to the possibility of some dangerous or illegal substance, a
staff member shall notify the administrator or designee who will determine
the seriousness of the situation.
-
When necessary, standard emergency procedures shall be followed as
outlined in the Health Room Manual.
-
Parents must be contacted as soon as possible. Parents
or guardians shall be advised that the child is displaying unusual or dangerous behavior.
The staff person shall describe the behavior but not attempt to diagnose the student's condition.
-
While waiting for parents or further medical aid, the student
shall
not be left alone but should be placed in a quiet situation and remain under observation.
-
It is the responsibility of the school administrator in charge of such
matters to ensure that follow-up communication with parent and student occurs
as soon as possible to determine the cause of the unusual behavior.
-
If abuse is determined, the school administrator designee shall have
a conference with the parents and the student to work out strategies for avoiding future occurrences.
504.05
STUDENTS
Expulsion/Exclusion*
(*Expulsion/Exclusion or Expel/Exclude or Expelled or Excluded)
DEFINITIONS:
Expulsion: The final removal of a student from his or her school of
attendance for disciplinary purposes.
Exclusion: Special education students are subject to additional criteria
because of an IEP that may result in a determination to exclude rather than
expel.
It shall be within the discretion of the Superintendent to recommend to the
Board the expulsion* of a student for disciplinary purposes. Only the Board may
take action to expel* a student and to determine the terms for readmission. It
shall be within the discretion of the Board to expel* a student depending upon
the nature of the offense, the circumstances surrounding the offense, and the
age of the student. A student may be expelled* for a period to be determined by
the Board from five days up to one school calendar year for violations of Board
Policy, including 504.01 Discipline Policy, school rules, or the law. (In
accordance with the law, a student who is expelled* for possession or use of a
projectile firearm, as defined in Iowa Code 724.1, must be expelled* for a
period of not less than one year.) The expulsion* may be for a single
offense or a series of offenses.
When a student is expelled*, the student may not:
a. Attend classes or be present on any District property except
as provided under the terms of the expulsion*
b. Participate in extra-curricular activities
c. Attend student activities
When a student is recommended for expulsion* by the Board, the student shall
be provided with timely written notice of the time, date, place of hearing, and
the following:
1. The names of witnesses who may testify, a summary of facts to which
each witness may testify, and a copy of any documents that will be used as
evidence. The names of students from whom oral or written statements were
taken may be released at the discretion of the Superintendent.
2. Copies of all documents that may be introduced into evidence.
3. An opportunity to present a defense against the charges, to cross
examine witnesses testifying at the hearing, and to provide oral testimony
or written affidavits of witnesses on the student’s behalf.
4. The right to be represented by counsel at the student’s expense.
5. The right to a closed hearing, unless an open hearing is requested by
the student.
6. Written notice of the decision and findings of the Board.
I n addition to these procedures, a special education student must be
provided with additional procedures. A determination should be made of whether
the student is actually guilty of the misconduct. A staffing team should
determine whether the student’s behavior is caused by the student’s
disability and whether the conduct is the result of inappropriate placement.
Discussions and conclusions of this meeting should be recorded.
If the special education student’s conduct is not caused by the disability,
the student may be excluded or suspended for a long-term period following
written notice to the parent and pursuant to the District’s expulsion hearing
procedures. If the misconduct is caused by the disability and a change in
placement is recommended, the change must be made pursuant to the placement
procedures used by the District.
During a period of expulsion*, the Board may authorize the Superintendent to
design an individualized prescription for readmission that could include
any or all of the following:
a. Regular reporting to a staff member
b. Saturday supervision or activities
c. Community service with local agencies
d. Readings in basic courses of the curriculum
e. Visitation to detention centers
f. Conferences with police liaison officers
g. Volunteer work at local businesses
h. Physical exercise
i. Participation on a rehabilitative program addressing the problem
evident in the offense.
A student may be required to participate in the above activities prior to
being considered for readmission and present evidence to that effect to the
Administrative Advisory Council. It shall be the responsibility of the
Superintendent or superintendent's designee to carry out the motion
passed by the Board. To keep the Board informed about the progress of students,
the Superintendent or superintendent's designee should present the Board with
quarterly reports on the expulsions, exclusions, or alternative placements.
To the extent that this policy conflicts with any state or federal law, the
policy shall not be applied.
- Legal References: Goss v. Lopez, 19 U.S. 565 (1975) Wood v.
Strickland, 420 U.S. 308 (1975) Southeast Warren Comm. School
District v. Dept. of Public Instruction, 285 N.W. 2d 173 (Iowa
1979). Iowa Code §§ 21.5; 282.3, .4, .5 (1995). 281 I.A.C. 12.3(8);
Iowa Code 724.1 Offensive Weapons
- Cross Reference: Board Policy 504.01 Discipline Policy;
Board Policy 504.08 Code of Conduct
- By action of the Board 3/12/90; Revised 1/13/97; Revised
7/14/03
- Edited 7/03
504.06
STUDENTS
Parent and Student's Rights
The District shall comply
with all aspects of the current laws that apply to parent and student rights.
The District will inform staff and make materials
available to parents and students that document laws pertaining to the
protection of their rights.
Administrative regulations shall be developed and promulgated within a
reasonable time.
-
Legal References: Family Education Rights and Privacy Act of 1974, 20 U.S.C.
§§ 1232g--123h
-
Cross Reference: Board Policy
105.01 Parent/Guardian Involvement -
By action of the Board 4/11/94; Reviewed 5/13/96; Revised 2/14/00;
Revised 1/28/08
-
Edited 1/08
504.07
STUDENTS
Harassment: Students
It is the policy of the District to maintain a learning
and working environment free from harassment.
It shall be a violation of this policy for a student to harass
another student
or employees through conduct of a sexual nature or conduct designed to reduce
the dignity of that individual with respect to the individual's actual or
perceived age, color, creed, national origin, race, religion, marital
status, sex, sexual orientation, gender identity, physical or mental ability or
disability, ancestry, political party preference, political belief,
socioeconomic status, or familiar status.
School employees shall be responsible for promoting understanding and
acceptance of, and assuring compliance with, state and federal laws, and board
policies, and procedures governing harassment within the school setting.
Administrators and/or staff will conduct annual training sessions on this policy
and the prevention of sexual, and other forms of harassment for all students.
Violations of this policy or procedure shall be cause for disciplinary
action up to and including suspension, expulsion, or exclusion..
Students who believe they have suffered sexual, or other forms of
harassment by students or employees shall report such matters in a timely
manner to a teacher, a counselor, or a building administrator. Procedures
for reporting are included in Administrative Regulation 504.07A.
This policy applies while on school grounds, District property,
or on property within the jurisdiction of the District; while on
school-owned and/or school-operated buses, vehicles or chartered buses; while
attending or engaged in school activities; and while away from school grounds
if the harassment directly affects the good order, efficient management and
welfare of the District.
Sexual harassment means unwelcome sexual advances, requests for sexual
favors and other verbal or physical conduct of a sexual nature when:
-
Submission to such conduct is made either explicitly or implicitly a term
or condition of a student's education or of a student's participation
in school programs or activities;
-
Submission to or rejection of such conduct by a student is used as the
basis for decisions affecting the student; or
-
Such conduct has the purpose or effect of unreasonably interfering with
a student's performance or creating an intimidating or hostile learning
environment.
Sexual harassment may include, but is not limited to the following:
-
Verbal or written harassment or abuse;
-
Pressure for sexual activity;
-
Repeated remarks to a person with sexual or demeaning implications;
-
Unwelcome touching;
-
Suggesting or demanding sexual involvement, accompanied by implied or
explicit threats concerning one's grades, achievements, etc.
Harassment means conduct of a verbal or physical nature that is designed
to embarrass, distress, agitate, disturb or trouble employees when:
-
Submission to such conduct is made either explicitly or implicitly a term
or condition of a student's education or of a student's participation in
school programs or activities;
-
Submission to or rejection of such conduct by a student is used as the
basis for decisions affecting the student; or
-
Such conduct has the purpose or effect of unreasonably interfering with
a student's performance or creating an intimidating or hostile learning
environment.
Harassment may include, but is not limited to the following:
-
Verbal, physical or written harassment or abuse;
-
Repeated remarks of a demeaning nature;
-
Implied or explicit threats concerning one's grades, achievements, etc.;
or
-
Demeaning jokes, stories or activities directed at the student.
Retaliation against a student because the student has filed a harassment
complaint or assisted or participated in a harassment investigation or proceeding
is also prohibited. A student who is found to have retaliated against
another in violation of this policy will be subject to discipline up to and
including suspension, expulsion, or exclusion.
-
Cross Reference: Board Policy 401.42 Harassment:
Personnel; 504.01 Discipline Policy -
Legal References: Code of Iowa §§216.9;11; 11,
280.28; Section 19B.12(3); Title
IX of Education Amendments (1972); Title VII of Civil Rights Act of 1964;
Title II of the Vocational Education Amendments of 1976; and Carl Perkins
Vocational Act (1984)
-
By action of the Board 11/14/94; Reviewed 5/13/96; Revised 9/29/97; Revised
02/23/04; Revised 09/29/08
-
Edited 09/08
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504.08
STUDENTS
GOOD CONDUCT RULE
The Board believes participation in school activities is
a privilege. School activities provide the benefits of promoting additional
interests and abilities in the students during the school years and for a
lifetime.
While all students are expected to adhere to board
policies, students engaged in extra and co-curricular activities are viewed as
special representatives of our District. It is even more important that such
students exhibit good conduct while engaged in outside activities. Students who
fail to abide by District policies may have the privileges of participating in
extra or co-curricular activities revoked.
Students who fail to abide by this policy and the administrative regulations
supporting it may be subject to disciplinary measures. Each building will
designate a staff person to keep the appropriate records of violations and
enforce the consequences.
It shall be the responsibility of the Superintendent or superintendent's
designee to adopt rules and regulations for school activities. Students
wanting to participate in school activities must meet the requirements set
out by the District for participation in the activity.
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504.09
STUDENTS
Cell Phones and Electronic Devices
The Board recognizes the potential
need for our students to communicate with their
families under certain circumstances while they are
attending school. The District offers the use of
school phones as the first means of communication if
the need arises during and after school hours.
We
want to ensure that cell phones or other electronic
devices do not interfere with classroom instruction
or cause any other problems for students or staff
while on District property. Between the hours of
6:30 AM to 2:40 PM, or the instructional day,
students on school property may not use radios, CD
players, DVD players, televisions, beepers, pagers
or cell phones for personal use unless given written
permission from the principal/assistant principal.
In
no case during the school hours listed will any
personal communication device be used that
provides for a wireless, unfiltered connection to
the internet, or which has the capability to take
“photographs” of any kind. Under no circumstances
are cell phones to be used to take photos of
students in locker rooms, restrooms, or other
private situations at school or at District
sponsored activities.
It
is the responsibility of the Superintendent or
superintendent’s designee, in conjunction with the
building principals, to develop a standard
administrative regulation for this policy to provide
consistency throughout the District for students.
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504.10
STUDENTS
Anti-Bullying/Harassment Policy: Students
Harassment or bullying of students or employees is against
federal, state and local policies, and is not
tolerated by the District. The District is committed
to providing all students with a safe and civil
school environment in which all members of the
school community are treated with dignity and
respect. To that end, the District has in place
policies, procedures, and practices that are
designed to reduce and eliminate bullying and
harassment as well as processes and procedures to
deal with incidents of bullying and harassment.
Bullying or harassment of students by other students,
school employees, parents, or volunteers who have
direct contact with students will not be tolerated
in the school or school district. It is incumbent
upon everyone to take this to heart and enforce this
policy.
The District prohibits harassment, bullying, hazing,
or any other victimization of students based on any
of the following actual or perceived traits or
characteristics of the student, including but not limited to: age,
color, creed, national origin, race, religion,
marital status, sex, sexual orientation, gender
identity, physical attributes, physical or mental
ability or disability, ancestry, political party
preference, political belief, socioeconomic status,
or familiar status.
In addition, it is a violation of this policy for
students to harass employees based on the employee's age, color, creed,
national origin, religion, age, disability or any
other characteristic/trait protected by relevant
law.
This policy is in effect while students or
employees are on
school grounds, District property, or on property
within the jurisdiction of the District; while on
school-owned or school-operated vehicles; while
attending or engaged in school-sponsored activities;
and while away from school grounds if the misconduct
directly affects the good order, efficient
management and welfare of the school or school
district.
When looking at the totality of the circumstances, harassment or bullying means any electronic,
written, verbal, or physical act or conduct toward a
student that is based on any actual or perceived
trait or characteristic of the student and that
creates an objectively hostile school environment
that meets one or more of the following conditions:
-
Places the student in
reasonable fear of harm to the student's person
or property;
-
Has a substantially
detrimental effect on the student's physical or
mental health;
-
Has the effect of
substantially interfering with the student's
academic performance; or
-
Has the effect of
substantially interfering with the student's
ability to participate in or benefit from the
services, activities, or privileges provided by
a school.
"Electronic" means any
communication involving the transmission of
information by wire, radio, optical cable,
electromagnetic, or other similar means.
"Electronic" includes, but is not limited to,
communication via electronic mail, internet-based
communications, pager service, cell phones,
electronic text messaging, or similar technologies.
Harassment and bullying may
include, but are not limited to, the following
behaviors and circumstances:
-
Repeated remarks of a
demeaning nature;
-
Implied or explicit threats
concerning one's grades, achievements, property,
etc.;
-
Demeaning jokes, stories,
or activities directed at the student; and/or
-
Unreasonable interference
with a student's performance.
In situations between students
and school officials, faculty, staff, parents, or
volunteers who have direct contact with students,
bullying and harassment may also include the
following behaviors:
-
Requiring that a student
submit to bullying or harassment by another
student, either explicitly or implicitly, as a
term or condition of the targeted student's
education or participation in school programs or
activities; and/or
-
Requiring submission to or
rejection of such conduct as a basis for
decisions affecting the student.
Sexual harassment of a student
by an employee means
unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of a
sexual nature when:
-
Submission to the conduct
is made either implicitly or explicitly
term or condition of the student's education or
benefits or of a student's participation in
school programs or activities;
-
Submission to or rejection
of the conduct is used as the
basis for academic decisions affecting that
student; or
-
The conduct has the purpose
or effect of substantially interfering with the
student's academic performance by creating an
intimidating, hostile, or offensive education
environment.
Sexual harassment may include,
but is not limited to the following:
-
Verbal or written
harassment or abuse;
-
Pressure for sexual
activity;
-
Repeated remarks to a
person with sexual or demeaning implications;
-
Unwelcome touching; or
-
Suggesting or demanding
sexual involvement, accompanied by implied or
explicit threats concerning one's grades,
achievements, etc.
Students who believe they are
being bullied or harassed by other students,
employees, parents or volunteers shall report their
concerns to any staff member including teachers,
counselors, or administrators. Any employee who
observes bullying behavior shall report the incident
to his or her supervisor. When a student or employee
shares a compliant, the incident needs to be
reported to the building principal or designee. The
principal or designee is responsible for ensuring
this policy is implemented and for receiving reports
of harassment or bullying. The superintendent or the
superintendent's designee will promptly and
reasonably investigate allegations of bullying or
harassment, and in conducting such investigation,
will consider the totality of circumstances
presented in determining whether conduct objectively
constitutes harassment or bullying.
If, after, an investigation, a
student is found to be in violation of this policy,
the student shall be disciplined by appropriate
measures, which may include suspension, exclusion,
or expulsion. If after an investigation, a school
employee is found to be in violation of this policy,
the employee shall be disciplined by appropriate
measures which may include termination. If, after an
investigation, a parent or school volunteer is found
to be in violation o this policy, the parent or
volunteer shall be subject to appropriate measures
which may include exclusion
from school grounds. "Volunteer" means an individual
who has regular, significant contact with students.
Any person who promptly,
reasonably, and in good faith reports an incident of
bullying or harassment under this policy to a school
official, shall be immune from civil or criminal
liability relating to such report and to the
person's participation in any administrative,
judicial, or other proceeding relating to the
report.
Retaliation against any person,
because the person has filed a bullying or
harassment compliant or assisted or participated in
a harassment investigation or proceeding, is
prohibited. Individuals who knowingly file false
harassment or bullying complaints and any person who
gives false statements in an investigation shall be
subject to discipline by appropriate measures, up to
and including suspension, expulsion, or exclusion.
Any school employee found to have retaliated in
violation of this policy shall be subject to
measures up to, and including, termination of
employment. Any parent or school volunteer found to
have retaliated in violation of this policy shall be
subject to measures up to, and including, exclusion
from school grounds.
The District will annually
publish this policy. The policy may be publicized by
the following means:
-
Inclusion in the student
handbook,
-
Inclusion in the employee
handbook,
-
Inclusion in the
registration materials,
-
Inclusion on the school or
school district's web site,
and a copy shall be made
available to any person at the central
administrative office at 1606 Brady Street,
Davenport, IA 52803
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