Oregon Department of Education Policies

 
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Sexual Harassment Complaint Procedure

 

The Board is committed to providing a positive and productive learning environment. [Hazing, ] harassment, intimidation[, menacing] or bullying and acts of cyberbullying by students is strictly prohibited. Retaliation against any person who reports, is thought to have reported, files a complaint or otherwise participates in an investigation or inquiry is also strictly prohibited. False charges shall also be regarded as a serious offense and will result in disciplinary action or other appropriate sanctions.

Students (Editor's note: Policy should include administrators and teachers) whose behavior is found to be in violation of this policy will be subject to discipline, up to and including expulsion. The district may also file a request with the Oregon Department of Transportation to suspend the driving privileges or the right to apply for driving privileges of a student 15 years of age or older who has been suspended or expelled at least twice for menacing another student or employee, willful damage or injury to district property or for the use of threats, intimidation, harassment or coercion. Students may also be referred to law enforcement officials.

The principal and the superintendent are responsible for ensuring that this policy is implemented.
Source: http://policy.osba.org/brookings/J/JFCF%20G1.PDF

Definitions

District
Hazing
Harassment, intimidation or bullying
Protected class
Cyberbullying
Retaliation
Menacing

Reporting

Complaint - May 18, 2012 School Board Meeting - David Wohlman

Complaint - June 19, 2013 School Board Meeting - Girl's Basketball

ODE 26-page report "Findings of Fact, Conclusions and Final Order"

The complaint goes into the Conciliation process.

Bully Solutions

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Resources

Issues: Bullying , Bullies , Bullying Girls , Bully - The Movie, Cyber Bullying , Cyber Suicide , Gay Teen Suicide, Hazing , Sexual Harassment , Suicide , Teen Suicide
Books -
Taking the Bully by the Horns . Sexual Harassment
Monthly Column on Bullying
Merchandise and No Bully Zone signs
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facebook.com/stopbullyingspeakup - Take the pledge!

Legal Reference

Definitions

“District” includes district facilities, district premises and nondistrict property if the student is at any district-sponsored, district-approved or district-related activity or function, such as field trips or athletic events where students are under the control of the district.

“Hazing” includes, but is not limited to, any act that recklessly or intentionally endangers the mental health, physical health or safety of a student for the purpose of initiation or as a condition or precondition of attaining membership in, or affiliation with, any district-sponsored activity or grade level attainment, (i.e., personal servitude, sexual stimulation/sexual assault, forced consumption of any drink, alcoholic beverage, drug or controlled substance, forced exposure to the elements, forced prolonged exclusion from social contact, sleep deprivation or any other forced activity that could adversely affect the mental or physical health or safety of a student); requires, encourages, authorizes or permits another to be subject to wearing or carrying any obscene or physically burdensome article; assignment of pranks to be performed or other such activities intended to degrade or humiliate regardless of the person’s willingness to participate.]

“Harassment, intimidation or bullying” means any act that substantially interferes with a student’s educational benefits, opportunities or performance, that takes place on or immediately adjacent to district grounds, at any district-sponsored activity, on district-provided transportation or at any official district bus stop, that may be based on, but not limited to, the protected class status of a person, having the effect of:

1. Physically harming a student or damaging a student’s property;

2. Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property;

3. Creating a hostile educational environment including interfering with the psychological well being of the student.

“Protected class” means a group of persons distinguished, or perceived to be distinguished, by race, color, religion, sex, sexual orientation, national origin, martial status, familial status, source of income or disability.

“Cyberbullying” is the use of any electronic communication device to [convey a message in any form (text, image, audio or video) that defames, intimidates, harasses or is otherwise intended to harm, insult or humiliate another in a deliberate, repeated or hostile and unwanted manner under a person’s true or false identity. In addition, any communication of this form which substantially disrupts or prevents a safe and positive educational or working environment may also be considered cyberbullying][harass, intimidate or bully].[ Students and staff will refrain from using personal communication devices or district [property] [equipment] to harass or stalk another.]

“Retaliation” means [hazing, ]harassment, intimidation[, menacing] or bullying and acts of cyberbullying toward a person in response to a student for actually or apparently reporting or participating in the investigation of [hazing, ]harassment, intimidation[, menacing] or bullying and acts of cyberbullying or retaliation.

“Menacing” includes, but is not limited to, any act i t intended to place a district employee, student or third party in fear of imminent serious physical injury.]

Reporting

Employee position title will take reports and conduct a prompt investigation of any report of an act of (1) harassment, intimidation or bullying and acts of cyberbullying. Any employee who has knowledge of conduct in violation of this policy shall immediately report his/her concerns to the [employee position title] who has overall responsibility for all investigations. Any student who has knowledge of conduct in violation of this policy or feels he/she has been [hazed, ]harassed, intimidated[, menaced] or bullied and acts of being cyberbullied in violation of this policy [shall][is encouraged to] immediately report his/her concerns to the [employee position title] who has overall responsibility for all investigations. This report Required by state law House Bill 2599 (HB 2599). All other bracketed language exceeds the requirements of HB (1) 2599 and is under Board authority ORS 332.107. may be made anonymously. A student may also report concerns to a teacher or counselor who will be responsible for notifying the appropriate district official.

Complaints against the principal shall be filed with the superintendent. Complaints against the superintendent shall be filed with the Board chair.

The complainant shall be notified of the findings of the investigation and, as appropriate, that remedial action has been taken. The complainant may request that the [superintendent] review the actions taken in the initial investigation, in accordance with [administrative regulations][district complaint procedures].

[The district [shall][is encouraged to] incorporate into existing training programs for students and staff information related to the prevention of, and the appropriate response to, acts of harassment, intimidation or bullying and acts of cyberbullying.]

The superintendent shall be responsible for ensuring annual notice of this policy is provided in a student or employee handbook, school and district’s Web site, and school and district office[ and the development of administrative regulations, including reporting and investigative procedures].[ Complaint procedures, as established by the district, shall be followed.]

Legal Reference(s):

Complaint

Read at the March 18, 2012 District 17C School Board Meeting by Dave Wohlman

Dear Brooking/Harbor School Board,

My name is David Wohlman and I’m the father of a 6th grade student at AzaleaMiddle School in Brookings, OR. I have gone before the School Board to make them aware of the realities of my son’s life in our school district and the unsucessful attempts we his parents have had in the past and present to improve the situation. There are three points I wish to discuss.

1 - My number one role as a parent is to protect and love my child. When I must relinquish that protection to someone else – It is my duty to make sure that they are capable of insuring his safety and that his mental and physical well-being is as important to them as it is to me. This has not been the case since our arrival in Brookings in 2006 and it has continued to worsen up to this day. The root of my child's problem is an escalating bullying environment and what I perceive to be a lack of knowledge, training and ability for it to be improved or eliminated.

2 – The staff of these schools take on the responsibility of keeping each child motivated, safe and educated. When any child is the victim of bullying they feel none of these things. In order to help rather than actually contribute to continuation of the bullying , each staff member must themselves be educated as to what bullying is, what it’s effects are and trained to administer the proper ways to deal with each unique situation. My interactions and conversations with many members of the staff have given me first-hand belief that there is no unified understanding of bulling, the effects it has on victims and the correct way to deal with the perpetrators or these victims.

3 – It is the responsibility of all Superintendents and all Principles of all schools to effectively train their staffs, communicate with students and parents and ultimately take responsibility of their actions or non-actions. It is my strong opinion that our administrators have not done these things. My complaint has nothing to do with them personally, and I would hope that they are filled with good intentions. But in this instance, their good intentions and decided patterns of ineffective actions and non-communication have not spared my child from intense and debilitating abuse. As the highest ranking administrators, I therefore must hold them personally responsible for the current mental state of my child.

- My son and all victims of bullying are VICTIMS. They cannot be told to “grow thick skin” or that they have to “learn to ignore” this abuse – all quotes I have been told by members of our school district teaching staff. They cannot be encouraged to conform in order to escape their torment. They cannot be disciplined for finally standing up to their abusers.

My child no longer enjoys attending Azalea Middle School. He is a smart, imaginative and creative child that has been both mentally and physically abused by both bullying children and (in essence) the very people appointed to protect him. It breaks my heart. He is in dire need of counseling and it is personally asking to be home schooled or to attend the local Christian/Charter School (if it ever gets to become a reality). We are asking for the School Board to accept the financial burden of these needed things and to actively explore the actions/non-actions of these administrators.

The President of the United States recent;y made a televised national speech on the US bulling epidemic, it is the subject of a heart-wrenching documentary “Bullying” that should be mandatory viewing for all staff-parents-students and it is a severe problem in Brookings-Harbor. This epidemic is hurting children and stealing their ability to receive a quality education. Ignoring the problem and the parents/children that are asking for help makes the problem worsen daily. This should be the among the most important issues discussed by the School Board.

BookTaking the Bully by the Horns . by Kathy Noll

Monthly Column by Kathy Noll

Advice for Parents of Both Victims and Bullies
Are Certain Children more Likely to be Bullied?
Bully Advice for Kids
What can You do to Help Your Child?
Child Violence - How to Prevent Your Child from Becoming a Statistic
Empowering Kids to Deal with Bullies and Low Self-esteem
Is Bullying that Big a Deal?
Q&A About the Book Taking the Bully by the Horns
Should the School Contact the Bully's Parents?
What can Schools do to Help Stop Bullies & Violence?
What can You do to Help Your Child?
What can We to do about "Bus Bullies!"
What to do About Bullies
For Teachers & Parents of Bullies - Some useful Questions to Ask
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