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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
-
Definition of School Discipline
-
General Statements Relating to Maintenance of
School Discipline
-
Breach of Discipline
-
Criminal Acts
-
Tobacco, Liquor, and Controlled Substance
-
Assaults and Threats to School Personnel
-
Gang Activities
-
Harassment
-
Other Breaches of Discipline
-
Control for which School Authorities Is
Responsible
-
Actions in Disciplinary Cases
-
Corporal Punishment Barred
-
Reasonable Force
-
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
-
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.
-
General Statements Relating to Maintenance of
School Discipline
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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 --
-
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.
-
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.
-
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:
-
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.
E. Harrassment:
The District’s prohibition against
harassment and a definition thereof is located at
Policy 504.10 (Anti-Bullying/Anti-Harrassment
Policy: Students).
F. Other breaches of discipline include but are
not limited to the following:
1.
Temper tantrums that disrupt the orderly
process of the school;
2.
Intimidating or threatening behavior;
3.
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;
4.
Willful disobedience;
5.
Breaking of rules of the school ;
6.
Physical attack and/or threats of physical
attack, or physical violence to teachers, to the
pupils, or to any other personnel;
7.
Personal misbehavior such as extortion,
intimidation, or possession of dangerous objects;
8.
Display of overt bigotry or intolerance; or
9.
Libel or slander.
IV.
Disciplinary Control of Pupils is to be
exercised as follows:
-
While on school premises and traveling to and
from school
-
While on school buses or on chartered buses
supervised by school personnel
-
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.
V.
Actions in Disciplinary Cases
The following actions are authorized to be taken in
cases of breach of school regulations and breaches
of discipline:
A.
Detention
Before or after school or at other times under
certain circumstances (including Saturdays)
B.
Denial of privileges
Exclusion from class or activity.
C.
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.
D.
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.
E.
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
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.
-
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.
-
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:
-
Any item of clothing that disrupts the learning process
-
Clothing that promotes illegal products or acts (including those illegal
to minors)
-
Clothing that contains explicit violent or suggestive sexual content
-
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.
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
DISTRICT GOAL
The goal of the District is to develop an atmosphere
that will eliminate the use of alcohol and other
drugs by students. 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 the 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. The district has expanded
our definition to include inhalants and tobacco
products. 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 substances or
"look alikes" noted in 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 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 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
1.
The District recognizes the responsibility to
educate its staff and support personnel regarding
the general signs and symptoms of substance use and
abuse.
2.
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.
3.
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 recommendation(s) 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:
a. 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.
b. 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.
e. 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.
f. 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.
·
By action of the Board 9/19/88; Revised 6/12/95; Revised 11/26/01; Revised
8/9/10
·
Edited 11/01; 8/10
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.
504.06
STUDENTS
Parent’s and Student’s Rights
Please refer to Policy #503.06
-
Cross Reference:
-
By action of the
Board 1/17/77; Revised 4/11/83; Revised 1/27/97;
Revised 4/23/01; Revised 12/16/06; Combined and
Revised 9/17/07; Deleted 6/14/10
-
Edited 9/07; 6/10
504.07
STUDENTS
Harassment: Students (Deleted 4/23/12 Combined with
504.10)
504.08
STUDENTS
Good Conduct Rule
Students who wish to have the privilege of participating
in any extracurricular activities must conduct
themselves in accordance with board policy and must
refrain from activities that are illegal,
inappropriate, or unhealthy. Students who
participate in extracurricular activities serve as
ambassadors of the District throughout the calendar
year, whether away from school or at school.
Students who fail to abide by this policy and the
administrative regulations supporting it may be
subject to disciplinary measures. The Assistant
Principal for Student Activities shall keep
records of violations of the good conduct rule.
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.
·
Cross Reference: Board Policy #504.01 Discipline Policy
·
By action of the Board 4/27/98; Revised 8/12/02; Revised 6/14/10
·
Edited 8/02; 6/10
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. During the instructional
day, students may not use cell phones or other
electronic devices unless given written permission
from the principal/assistant principal.
During
the instructional day, students are prohibited from
using any cell phone or other electronic device to
access a wireless connection to the internet.
However, the classroom teacher may give consent to
use electronic devices for instructional purposes.
Under no
circumstances are cell phones or other electronic
devices to be used to take photos or audio/video
recordings 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/Anti-Harassment Policy: Students
It is the policy of the District to maintain an
educational environment free from discrimination,
bullying and harassment.
The District is committed to providing its 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
prohibiting discrimination and designed to reduce
and eliminate bullying and harassment, as well as
processes and procedures to address incidents of
bullying and harassment.
Policy of Nondiscrimination.
No student in the Davenport Community School
District shall be excluded from participation in, be
denied the benefits of, or be subjected to
discrimination in District programs on the basis of
race, color, creed, ancestry, national origin,
religion, marital status, sex, sexual orientation,
gender identity, disability, parental/familial
status, socioeconomic status, or any other trait or
characteristic protected by law. The policy of the
district shall be to provide educational programs
and opportunities for students as needed on the
basis of individual needs, interests, abilities, and
potential.
Harassment and Bullying Prohibited.
Harassment and bullying of students is against
federal and state law and against District policy.
The District prohibits harassment, bullying, hazing,
or any other victimization of students based on the
student's actual or perceived traits or
characteristics, including: 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, familial
status, or any other trait or characteristic
protected by law.
This policy applies to bullying or harassment of
students by other students, school employees,
parents/guardians, or volunteers. This policy also
governs vendors or any others having business or
contact with District students.
This policy is in effect while students are 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.
Harassment and Bullying Defined.
When looking at the totality of the circumstances,
harassment and bullying mean any electronic (such as
emails or text messages), written, or verbal
communication or physical act or conduct toward a
student that is based on an actual or perceived
trait or characteristic noted above that creates an
objectively hostile school environment. An
objectively hostile school environment may be
created if the communication, act or conduct:
-
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
person, property, grades, participation,
achievements, etc.;
-
Demeaning jokes, stories, or activities directed
at the student;
-
Unreasonable interference with a student's
performance;
-
Name-calling, derogatory slurs, or wearing or
possessing items depicting or implying hatred or
prejudice of one of the protected classes noted
above;
-
Requiring explicitly or implicitly that a
student submit to harassment or bullying as a
term or condition of the student's participation
in any educational program or activity;
or
-
Requiring submission to or rejection of such
conduct as a basis for decisions affecting the
student.
Racial Harassment Defined.
By way of example of how the above applies to a
specific protected trait, the District provides the
following guidance regarding prohibited bullying and
harassment based on race.
Racial harassment consists of physical or verbal
conduct toward a student that is based on that
student's race that creates an objectively hostile
school environment. An objectively hostile school
environment may be created if the communication, act
or conduct:
-
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.
Examples of conduct that may constitute harassment
based on race include: graffiti containing racially
offensive language; name-calling, jokes or rumors
based on race; threatening or intimidating conduct
directed at another because of the other's race;
notes or cartoons; racial slurs, negative
stereotypes and hostile acts based on another's
race; written or graphic material containing racial
comments or stereotypes that are posted or
circulated and are aimed at degrading individuals
based on race; a physical act or aggression or
assault on another because of, or in a manner
reasonably related to, race; and other kinds of
aggressive conduct such as theft or damage to
property that is motivated by race. This conduct
may also constitute harassment when based on any
other protected status noted above.
Sexual Harassment Defined.
It is a violation of this policy for any person to
harass a student through conduct or communications
of a sexual nature. Sexual harassment consists of
unwelcome sexual advances, requests for sexual acts
or favors, or other verbal or physical conduct of a
sexual nature when:
-
Submission to the conduct is made either
implicitly or explicitly a term or condition of
the student's education or benefits;
-
Submission to or rejection of the conduct is
used as the basis for academic decisions
affecting that student;
-
The conduct has the purpose or effect of
depriving a student of education aid, benefits,
services, or treatment; 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:
-
Requests or pressure for sexual activity;
-
Unwelcome touching; or
-
Other verbal or physical conduct of a sexual
nature, such as inappropriate jokes or pictures,
teasing related to sexual characteristics,
unwanted discussions of sexual activities, or
repeated remarks to a person with sexual or
demeaning implications.
Reporting Instances of Bullying or Harassment,
including Sexual Harassment.
Students who believe they are being bullied or
harassed by other students, employees,
parents/guardians, or volunteers or who have
witnessed bullying or harassment are strongly
encouraged to report the conduct immediately to the
Building Principal, Assistant Building Principal, or
the Equity Coordinator.
Any employee who observes bullying or harassing
behavior or receives notice that a student may have
been the subject of bullying or harassing behavior
shall immediately report the incident to his or her
Building Principal.
Upon receipt of a report or complaint alleging
bullying or harassment, the Building Principal or
Assistant Building Principal shall immediately
notify the Equity Coordinator. The Equity
Coordinator is located at 1606 Brady Street;
Davenport, Iowa 52803; phone 563/336-3805.
The complainant may be required to complete a
written form and to turn over copies
of evidence of harassment or bullying including but
not limited to letters, emails, and pictures. The
complainant and the accused's confidentiality will
be respected to the extent possible but
confidentiality cannot be guaranteed given the
necessity of the District to investigate the
allegations of misconduct and to take corrective
action when the alleged conduct has occurred.
Investigation.
The Equity Coordinator or his or her designee will
investigate any and all complaints of harassment.
The investigation of the complaint will be
undertaken promptly. Both the complainant and
accused will be given an opportunity to provide a
statement. The investigator will also interview
others who may have knowledge of the alleged
incident or the circumstances giving rise to the
complaint and evaluate any information or documents
relevant to the complaint. This information may
include emails, texts, videotapes, or any other
physical evidence.
District employees, students, parents/guardians, and
volunteers shall fully and fairly cooperate in the
investigation. The District will take action to
stop the harassment, remedy the harassment, prevent
recurrence, and take immediate interim measures to
protect the complainant, if necessary.
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.
Unless extenuating circumstances prevent otherwise,
the investigation shall be completed no later than
ten (10) school days from the receipt of the
complaint. The Equity Coordinator or his or her
designee shall draft a written report upon
completion of the investigation. The report shall
include a determination of whether the allegation
has been substantiated as factual and whether there
is a violation of this policy.
The investigator will consider the totality of
circumstances presented in determining whether
conduct objectively constitutes harassment or
bullying. In regard to complaints regarding a
hostile environment, the investigator will determine
if the alleged harassment is so severe, pervasive or
persistent that it creates an abusive environment,
when looked at both objectively (meaning that a
"reasonable person" would find the environment
hostile) and subjectively (meaning the affected
individual felt the environment was hostile). The
investigator will examine the context, nature,
scope, frequency, duration, history, and location of
incidents, as well as the identity, number, and
relationships of the persons involved.
A summary of the report, including a finding that
the complaint was founded, unfounded, or
inconclusive will be forwarded to the complainant
and to the accused and to the complainant and
accused's parent or guardian (if appropriate).
The Equity Coordinator shall be responsible for
maintaining the written reports for at least five
(5) years.
If the complaint involves the Equity Coordinator the
investigation and report will be completed by the
Director of Human Resources.
Corrective
Action.
Acts of harassment or bullying may be grounds for
discipline. Upon receipt of the report of the
Equity Coordinator that a violation has occurred,
the District will take prompt, appropriate formal or
informal action to address, and where appropriate,
remediate the violation. Discipline may include
suspension, expulsion or exclusion of a student,
termination of an employee, and exclusion of a
parent/guardian or volunteer from District
activities or school premises. In addition, the
District may take action other than discipline to
halt harassment or bullying including counseling,
training, teacher-parent conferences, transfer,
remediation, or other appropriate corrective action.
No Retaliation.
No person shall retaliate against any person because
the person has filed a bullying or harassment
complaint, assisted or participated in an
investigation, or opposed conduct that violates this
policy. Any student found to have retaliated in
violation of this policy shall be subject to
measures up to and including suspension, exclusion
or expulsion. 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 school volunteer or
parent/guardian found to have retaliated in
violation of this policy shall be subject to
measures up to and including exclusion from school
grounds.
Annual Assessment.
The District may undertake an annual assessment of
the effectiveness of its
anti-bullying/anti-harassment efforts. This
assessment may include a review of policies,
procedures, training, and any reports of
bullying/harassment made during the previous year,
including the determination and resolution of such
reports. The Equity Coordinator will conduct the
assessment and evaluate the effectiveness of the
District's anti-bullying/anti-harassment efforts.
If appropriate, the Equity Coordinator will propose
revisions. The assessment and evaluation shall be
documented in a written report, which the Equity
Coordinator will maintain for seven years.
Notification.
The District will annually publish this policy.
Publication may occur by inclusion in handbooks,
including those for students, employees, and
volunteers; inclusion in registration materials;
and/or inclusion on the school or District's
website. A copy of this policy is available at the
central administrative office at 1606 Brady Street,
Davenport, Iowa 52803.
·
Cross Reference: Board Policy
401.42 Harassment:
Personnel;
401.46 Student Abuse by Employees (includes
reference to level I & II);
Administrative
Regulation 504.10A, 504.10B, 504.10C
·
Legal References:
20 U.S.C. §§ 1221-1234i (2004); 29 U.S.C. § 794
(1994); 42 U.S.C. §§ 2000d-2000d-7 (2004); 42 U.S.C.
§§ 12001 et.seq. (2004); Senate File 61, 1st
Regular Session, 82nd General Assembly
(2007); Iowa Code §§ 280.12; 280.28; 216.9; 280.3;
216.9 (2007); 281 I.A.C. 12.3(6).
·
Adopted by the Board: Adoption 10/10/05; Revised
10/08/07; Revised 09/29/08
·
Edited: 09/08;
Revised 4/12
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