Sioux City Community Schools -

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. Bullying, harassing, and hazing behavior as described below violates both state and District policy as it can seriously disrupt the ability of students to learn and succeed and the ability of school employees to maintain a safe and civil environment.

It is, therefore, the policy of the District that school employees, volunteers, and students in the District shall not engage in bullying, harassing, or hazing of students while in school, while on school property, while on school-owned or school-operated vehicles, while attending or participating in any school function or school-sponsored activity regardless of its location, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.

It is further the policy of the District that school employees, volunteers, and students shall not engage in reprisal, retaliation, or false accusation against a victim, witness, or an individual who has reliable information about such behavior. Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.

School employees, volunteers, parents or guardians, and students are all expected to assist with the enforcement of this policy, including but not limited to, assisting with educational and preventative measures, reporting, and investigations of bullying, harassment, or hazing.

For purposes of this policy, the following definitions will apply:

“Bullying” and "Harassment" shall be construed to mean 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 which creates an objectively hostile school environment that meets one or more of the following conditions:

1. Places the student in reasonable fear of harm to the student's person or property.

2. Has a substantially detrimental effect on the student's physical or mental health.

3. Has the effect of substantially interfering with a student's academic performance.

4. 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.

Bullying or harassment can occur directly or indirectly and may include but is not limited to: teasing; name calling; inappropriate sexual comments; unwanted advances; taunting; threats to injure; embarrassing someone; shunning; spreading rumors; offensive gestures; and physical harm such as hitting, kicking, punching, tripping, pushing, and destroying property.

“Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.

“Hazing” occurs when a person intentionally or recklessly engages in any act or acts involving forced activity which endanger the physical health or safety of a student for the purpose of initiation or admission into, or affiliation with, any organization operating in connection with a District school regardless of the student’s willingness to participate in the activity.

"Trait or characteristic of the student" includes but is not limited to the student’s actual or perceived 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 familial status.

“Volunteer” means an individual who has regular, significant contact with students.

Bullying or harassment can occur directly or indirectly and may include, but is not limited to: teasing, name calling, inappropriate sexual comments, unwanted advances, taunting, threats to injure, embarrassing someone, shunning, spreading rumors, offensive gestures; and physical harm, such as hitting, kicking, punching, tripping, pushing, and destroying property.

Violation of this policy shall subject a student, employee, or volunteer to appropriate discipline or other action pursuant to District policies and administrative regulations and authorize the District to take any other measures that the District believes to be reasonable and appropriate under the circumstances.

If as a result of viewing surveillance system data or based on a report from a District employee, the District determines that a student has suffered bullying or harassment by another student enrolled in the District, a parent or guardian of the student may enroll the student in another attendance center within the District that offers classes at the student’s grade level, subject to the requirements and limitations established by Iowa law related to this topic and as outlined in BP 501.8 Within-District Transfers and AR 501.8 Within-District Transfers Procedures.

The Superintendent shall oversee the District’s policies and administrative procedures concerning prevention measures, reporting and investigation, and publication of bullying and harassment data. Within 24 hours of receiving a report that a student may have been the victim of conduct that constitutes bullying and/or harassment, the District will notify the parent or guardian of the student.

The District’s procedures for reporting and investigating complaints of bullying, harassment, or hazing are set out in AR504.4. Questions related to this policy or the procedures in AR 504.4, can be directed to Dr. Dora Jung, Director of Student Services and Equity Education at 627 4th Street, Sioux City, IA 51101, (712) 279-6075, Send Dr. Dora Jung a Message.

District employees or volunteers who receive a report of or who witness bullying, harassment, or hazing must report the incident to a Building Administrator immediately. Students who feel that they have been bullied, harassed, or hazed should report the incident immediately to a teacher, counselor, or Building Administrator, and a written record shall be created.

As explained in Section 3 below, such a report should first be addressed at the building level by filing a complaint with the Building Administrator using Complaint Form 504.4-E, which can be obtained from a Building Administrator, on the District’s website, or from the District’s Equity Office by calling or emailing the Director of Student Services and Equity Education/Title IX Coordinator, Dr. Dora Jung, at (712) 279-6075 or jungd@live.siouxcityschools.com. In the event a complaint relates to allegations of sexual harassment, the Title IX Coordinator will direct the process for compliance with AR 103(a).

Complaints should be submitted within fifteen (15) days of the event which is the subject of the complaint, or as soon thereafter as is reasonably possible.

Interim individualized measures should be considered and implemented as appropriate for either the reporting or responding party prior to an investigation or while an investigation is pending. Examples of such measures may include, but are not limited to, the following:

• implementing a student safety plan;

• providing counseling or other services;

• providing academic support services; and/or

• contacting law enforcement.

General Guidelines:

The District will promptly and reasonably investigate reports of bullying, harassment, or hazing upon receipt of a written or verbal complaint. Investigators will consider the totality of the circumstances presented in determining whether conduct objectively constitutes bullying, harassment, or hazing. Remedial measures deemed appropriate under the circumstances will be taken.

Although the outcome or conclusion of an investigation will be shared with the parties, student-specific information, including student discipline, will not be shared with the complainant unless it directly affects the complainant. Steps shall be taken by the District to keep all investigations, reports, and decisions confidential, except as needed for the investigation or as required by law or policy. There will be no retaliation against, or adverse treatment of, any individual because he or she submits a report or provides assistance to the District during an investigation of any report.

Nothing in these procedures will require the complainant and the respondent to appear in the same meeting or hearing room at the same time.

If any of the stated timelines cannot be met by the District, the District will notify the parties and pursue completion of the process as soon as possible.

Any required notifications under this policy may be sent by regular first-class mail and/or by email to an email address provided by a party.

A. Level 1 -Building Administrator

Upon receipt of a report or complaint of bullying, harassment, or hazing under this policy, the Building Administrator will investigate the allegations and attempt to determine what occurred. In doing so, the Building Administrator may gather additional information from the reporting party, the person(s) identified as the responsible party, and any appropriate witnesses. If it is determined by the Building Administrator that bullying, harassment, or hazing has occurred, appropriate remedial action shall be taken to address the conduct, which may include appropriate disciplinary action in accordance with the K-12 Student Code of Conduct, and to prevent its recurrence and correct any discriminatory effects on the complainant or others. The Building Administrator shall document all actions taken and report the information to the Director of Student Services and Equity Education.

The Building Administrator shall provide a written response to the involved parties within ten (10) working days of the initial report indicating whether the reported conduct constitutes bullying, harassment or hazing under this policy and, if so, that appropriate action has been taken.

The Director of Student Services may assign an alternate Building Administrator to investigate the complaint under this section if it is claimed the Building Administrator committed the alleged bullying, harassment, or hazing; has some other conflict of interest; or, due to the specific circumstances, the Director determines impartiality may be compromised.

Any party may appeal from a Level 1 determination by submitting their Complaint Form 504.4-E and the Building Administrator’s written decision to the Director of Student Services and Equity Education within five (5) working days after receipt of the Building Administrator’s Level 1 determination.

B. Level 2 - Director of Student Services & Equity Education

Upon receipt of a Level 1 appeal, the Director of Student Servicces will investigate the complaint. In appropriate circumstances, the Director of Student Services and Equity Education's designee or an alternate may conduct the Level 2 process.

Any party may request that a meeting concerning the complaint be held with the Director of Student Services & Equity Education/designee/alternate. The Director of Student Services & Equity Education/designee/alternate may also initiate a request for a meeting to discuss the appeal. A parent, guardian, or other representative may accompany a minor student. The Director of Student Services & Equity Education/designee/alternate, as the designee of the Superintendent,  will investigate the complaint and attempt to resolve it.

Within ten (10) working days after receipt of an appeal from Level I, a written report from the Director of Student Services & Equity Education/designee/alternate regarding the outcome of the investigation or appeal will be sent to the complainant, the respondent, and the Superintendent.

C. Level 3 - Superintendent

In the event a party is not satisfied with the decision made at Level 2, the party may submit a written appeal to the Superintendent within five (5) working days after receipt of the Level 2 report. The Level 2 investigator shall promptly forward all materials relative to the complaint and appeal to the Superintendent. The Superintendent may request a meeting with any party to discuss the appeal. Within ten (10) working days after receipt of the written appeal or within ten (10) working days after meeting with the parties, whichever is later, the Superintendent will send a decision in writing to the parties as well as the Level 2 investigator. The Superintendent may affirm, reverse, or amend the Level 2 decision, or direct the Level 2 investigator to gather additional information. The decision of the Superintendent will be final.

The decision of the Superintendent in no way prejudices a party from seeking redress through local, state, or federal agencies as provided by law.

Pursuant to state law, a school employee, volunteer, or student, or a student’s parent or guardian, who promptly, reasonably, and in good faith reports an incident of bullying harassment or hazing in compliance with the procedures adopted by the District to the appropriate school official designated by the District shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

The Director of Student Services and Equity Education shall maintain a system to collect bullying and harassment incidence data. The Director of Curriculum and Assessment shall report such data, as specified by the Iowa Department of Education, to the Iowa Department of Education and to the local community.

Pursuant to the designation and directive of the Superintendent, the Director of Student Services and Equity Education will provide copies of the District’s Anti-Bullying, Harassment, and Hazing policy to school employees, volunteers, students, and parents or guardians by publication in Student and Employee handbooks. The policy may also be published in other school or District communications throughout the school year, as appropriate (i.e. newsletters, District websites, or public media).

Training on the Anti-Bullying, Harassment, and Hazing policy shall take place at the beginning of each school year and will be included as part of new employee and student orientation.