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JFCF - Hazing, Harassment, Intimidation, Bullying, Menacing, Cyberbullying, Teen Dating Violence or Domestic Violence – Student **

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JFCF - AR Hazing, Harassment, Intimidation, Bullying, Menacing, Cyberbullying, Teen Dating Violence or Domestic Violence Reporting Procedures

Code: JFCF
Adopted: 8/08/17
Revised:  3/13/23
Orig. Code: JFCF 

The Board in its commitment to providing a safe, positive, and productive learning environment for all students, will consult with parents/guardians, employees, volunteers, students, administrators and community representatives in developing this policy compliance with applicable Oregon laws. 

Hazing, harassment, intimidation of bullying, menacing, and acts of cyberbullying by students, staff, or third parties toward students is strictly prohibited in the NWRESD. Teen dating violence is unacceptable behavior and prohibited.  Each student has the right to a safe learning environment. 

Retaliation against any person who is a victim of, who reports, is thought to have reported, or files a complaint about an act of hazing, harassment, intimidation or bullying, menacing, an act of cyberbullying, or teen dating violence, or otherwise participates in an investigation or inquiry is prohibited. A person who engages in retaliation behavior will be subject to consequences and appropriate remedial action. False charges shall also be regarded as a serious offense and will result in consequences and appropriate remedial action. 

Students whose behavior is found to be in violation of this policy will be subject to consequences and appropriate remedial action which may include discipline, up to and including expulsion. Any employees, volunteers, contractors, or agents of NWRESD whose behavior is found to be in violation of this policy will be subject to consequences and appropriate remedial action which may include discipline, up to and including dismissal. Third parties whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the superintendent or the Board. 

Students, staff, or third parties may also be referred to law enforcement officials 

The administrator and the superintendent is responsible for ensuring this policy is implemented. 

Definitions 

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

“Third parties” include, but are not limited to, coaches, school volunteers, parents, school visitors, service contractors, or others engaged in NWRESD business, such as employees of businesses or organizations participating in cooperative work programs with the NWRESD and others not directly subject to NWRESD control at other NWRESD-sponsored programs and activities. 

“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 NWRESD-sponsored/activity or grade level attainment. It is not a defense against hazing that the student subjected to hazing consented to or appeared to consent to the behavior. 

“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 NWRESD grounds, at any NWRESD-sponsored activity, on NWRESD-provided transportation, or at any official NWRESD bus stop, 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; or 
  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, gender identity, national origin, marital status, familial status source of income or disability. 

“Teen dating violence” means: 

  1. A pattern of behavior in which a person uses or threatens to use physical, mental or emotional abuse to control another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age; or 
  2. Behavior by which a person uses or threatens to use sexual violence against another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age. 

“Domestic violence” means abuse as defined by Oregon Revised Statute (ORS) 107.705 between family and household members, as those terms are described in ORS 107.705. 

“Cyberbullying” means the use of any electronic communication device to harass, intimidate or bully. 

“Retaliation” means any acts of, including but not limited to, hazing, harassment, intimidation or bullying, menacing, or acts of cyberbullying toward the victim, a person in response to an actual or apparent reporting of, or participation in the investigation of, hazing, harassment, intimidation or bullying, menacing, acts of cyberbullying, teen dating violence, or retaliation. 

“Menacing” includes, but is not limited to, any act intended to place an NWRESD employee, student or third party in fear of imminent serious physical injury. 

Reporting 

The site administrator will take reports and conduct a prompt investigation of any reported acts of hazing, harassment, intimidation or bullying, menacing, cyberbullying, or teen dating violence. Any employees, volunteers, contractors, or agent of NWRESD who has knowledge of conduct in violation of this policy shall immediately report concerns to the site administrator who has overall responsibility for all investigations. Any employees, volunteers, contractors, or agent of NWRESD who has knowledge of incidents of teen dating violence that took place on NWRESD property, at an NWRESD sponsored activity, or in a vehicle used for NWRESD-provided transportation shall immediately report the incident to the site administrator. Failure of an employee, volunteer, contractor, or agent of NWRESD to report an act of hazing, harassment, intimidation or bullying, menacing, cyberbullying, or teen dating violence to the employee position title may be subject to remedial action, up to and including dismissal. Remedial action may not be based solely on an anonymous report. 

Any student who has knowledge of conduct in violation of this policy or feels they have been subjected to an act of hazing, harassed, intimidated or bullying, menacing, or cyberbullying or feels they have been a victim of teen dating violence in violation of this policy is encouraged to immediately report concerns to the employee position title who have overall responsibility for all investigations. Any volunteer who has knowledge of conduct in violation of this policy is required to immediately report concerns to the site administrator. 

A report from a student or volunteer may be made anonymously. A student or volunteer may also report concerns to a teacher or counselor who will be responsible for notifying the appropriate NWRESD official. 

Reports against an NWRESD administrator/principal shall be filed with the superintendent. Reports against the superintendent shall be filed with the Board chair. 

The person who makes the report shall be notified when the investigation has been completed and, as appropriate, the findings of the investigation and any remedial action that has been taken. The person who made the report may request that the superintendent or designee review the actions taken in the initial investigation, in accordance with NWRESD's complaint procedure. 

Notification to Parents or Guardians

The ESD administrator/principal shall notify the parents or guardians of a student who was subject to an act of harassment, intimidation, bullying or cyberbullying, and the parents or guardians of a student who may have conducted an act of harassment, intimidation, bullying or cyberbullying.  

The notification must occur with involvement and consideration of the needs and concerns of the student who was the subject to an act of harassment, intimidation, bullying or cyberbullying. The notification is not required if the Chief Human Resources Officer reasonably believes notification could endanger the student who was subjected to an act of harassment, intimidation, bullying or cyberbullying or if all of the following occur:  

  1. The student who was subjected to an act of harassment, intimidation, bully, or cyberbullying requests that notification not be provided to the student’s parents or guardians.  
  2. The Chief Human Resources Officer determines that notification is not in the best interest of the student who was subjected to an act of harassment, intimidation, bullying, or cyberbullying; and 
  3. The ESD administrator/principal informs the student that federal law may require the student’s parents and guardians to have access to the student’s education record.

If the Chief Human Resources Officer determines the notification is not in the best interest of the student, they must inform the student of that determination prior to providing notification.

When notification is provided, the notification must occur:

  1. Within a reasonable period of time; or
  2. Promptly, for acts that caused physical harm to the student.

Training and Education 

NWRESD shall 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 and this policy. 

NWRESD shall incorporate age-appropriate education about teen dating violence and domestic violence into new or existing training programs for students in grade 7 through 12. 

NWRESD shall incorporate into existing training programs for staff information related to the prevention of, and the appropriate response to, acts of harassment, intimidation or bullying, teen dating violence, domestic violence and acts of cyberbullying and this policy. 

Notice 

The superintendent shall be responsible for ensuring annual notice of this policy is provided in a student or staff handbook, school and NWRESD websites, and school and NWRESD office. [Complaint procedures, as established by NWRESD, shall be followed.]

Domestic violence posters provided by the Oregon Department of Education (ODE) shall be posted in clearly visible locations on school campuses in accordance with rules adopted by the ODE. 

END OF POLICY 

 

 

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