Roane County Schools

Policy 442 - Anti-Harassment and Violence

Adopted on August 8, 2019

Effective August 8, 2019

It is the policy of the Board to maintain an education and work environment that is free from all forms of unlawful harassment and violence. To that end, the Board reaffirms that Policy 501 applies to any student, staff member or member of the public during any school related activity or during any education sponsored event whether in a building or other property used or operated by the Board of Education or in any other facility being used by the Board.

Bullying

The Board is committed to providing a safe, positive, productive, and nurturing educational environment for all of its students. The Board encourages the promotion of positive interpersonal relations between members of the school community. Bullying, including cyberbullying toward a student, whether by other students, staff, or third parties is strictly prohibited and will not be tolerated. The Board will not tolerate any gestures, comments, threats, or actions that cause or threaten to cause bodily harm or personal degradation. This policy applies to all school activities in the County, including school activities on and off of school property at any school-sponsored, school-approved or school-related activity or function, such as a field trip or athletic event where students are under the school's control, or where an employee is engaged in school business in monitoring student activity. This policy shall also apply to students while on a school bus and at a school bus stop. Students' off-campus misconduct that might reasonably be expected to cause disruption in the school may constitute a violation of this policy and cause the student to be subject to discipline at school. Such off-campus misconduct would include, but is in no manner limited to, blogs and social media postings and/or other electronic communications created for the purpose of inviting others to participate in disruptive, hateful, or otherwise prohibited misconduct towards a student, staff member, or other member of the school community.

This policy has been developed in consultation with parents/guardians, school employees, school volunteers, students, and community members as prescribed in WV Code 18-2C-3.

"Bullying" includes harassment, intimidation, or bullying, and cyberbullying as defined by WV Code 18-2C-2 and is defined as any intentional gesture and intentional written, verbal, or physical acts or threats, or any intentional electronic communication, transmission or threat that a reasonable person under the circumstances should know will have the effect of physically harming a student; damaging a student's property; placing a student in reasonable fear of harm to his/her person; or placing a student in reasonable fear of damage to his/her property; or is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student or disrupts or interferes with the orderly operation of the school.

"An electronic act, communication, transmission or threat" includes, but is not limited, to one which is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to, transmission of any image or voice, email or text message using any such device.

Acts of harassment, intimidation, or bullying that are reasonably perceived as being motivated by any actual or perceived differentiating characteristic, or by association with a person who has or is perceived to have one or more of these characteristics, shall be reported using the following list: race; color; religion; ancestry; national origin; gender; socioeconomic status; academic status; gender identity or expression; physical appearance; sexual orientation; mental/physical/developmental/sensory disability; or other characteristic.

Any student or student's parent/guardian who believes the student has been or is the victim of bullying should immediately report the situation to the building principal or assistant principal. The student may also report concerns to a teacher, counselor or staff member with whom the student feels comfortable who will be responsible for notifying the appropriate administrator or Board official. Complaints against the building principal should be filed with the Superintendent. Complaints against the Superintendent should be filed with the Board President.

Every student is encouraged, and every staff member is required, to report any situation that they believe to be bullying directed toward a student. Failure of a faculty member or staff member to report an observed or reported incident of bullying shall result in disciplinary action.

Reports may be made to those identified above. Parents or guardians of any student alleged to have been the perpetrator or victim of bullying shall be notified of the same.

All complaints about bullying that may violate this policy shall be promptly investigated and that investigation shall be completed as soon as practicable. The building principal, or appropriate administrator, or a third party shall prepare a written report of the investigation upon completion. Such report shall include findings of fact, a determination of whether acts of bullying were verified, and, when prohibited acts are verified, a recommendation for intervention, including disciplinary action shall be included in the report. Where appropriate, written witness statements shall be attached to the report.

If, during an investigation of a reported act of harassment, intimidation and/or bullying/cyberbullying, the principal or appropriate administrator believes that the reported misconduct may have created a hostile learning environment and may have constituted unlawful discriminatory harassment based on race, color, national origin, sex (including transgender status, change of sex, or gender identity or expression), creed or religion, genetic information, disability, marital status, citizenship status, veteran status, military service, national origin, ancestry, socioeconomic status, academic status; physical appearance; sexual orientation; mental/physical/developmental sensory disability, or any other characteristic protected by law (collectively, "Protected Classes") in its educational programs or activities, the principal will report the act of bullying and/or harassment to one of the Anti-Harassment Compliance Officers so that it may be investigated in accordance with the procedures set forth here.

Employee investigators may take immediate steps, at their discretion, to protect the complainant, pupils, teachers, administrators or other personnel pending completion of an investigation of alleged bullying. The investigation must at a minimum consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and review of circumstances deemed pertinent by the investigator. The investigators shall determine whether the alleged conduct constitutes a violation of this policy. In determining the appropriate response and/or punishment, the school or facility administrator should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred.

If the investigation finds an instance of bullying has occurred, it will result in prompt and appropriate remedial action. This may include up to expulsion for students, up to discharge for employee, exclusion for parents, guests, volunteers, and contractors, and removal from any official position and/or a request to resign for Board members. Individuals may also be referred to law enforcement officials.

Retaliation against any person who reports, is thought to have reported, files a complaint, or otherwise participates in an investigation or inquiry concerning allegations of bullying is prohibited and will not be tolerated. Such retaliation shall be considered a serious violation of Board policy and independent of whether a complaint is substantiated. Suspected retaliation should be reported in same manner as bullying. Making intentionally false reports about bullying for the purpose of getting someone in trouble is similarly prohibited and will not be tolerated. Retaliation and intentionally false reports may result in disciplinary action as indicated above.

If a student or other individual believes there has been bullying, regardless of whether it fits a particular definition, s/he should report it and allow the administration to determine the appropriate course of action.

This policy shall not be interpreted to infringe upon the First Amendment rights of students (i.e., to prohibit a reasoned and civil exchange of opinions, or debate, that is conducted at appropriate times and places during the school day and is protected by State or Federal law).

The complainant shall be notified of the findings of the investigation, and as appropriate, that remedial action has been taken.

Complaints

Students and/or their parents/guardians may file reports regarding suspected bullying. Such reports should attempt to provide the following information: person(s) involved, number of times and places of the alleged conduct, the target of suspected bullying, and the names of any potential student or staff witnesses. However, any report filed with any school staff member or administrator shall be promptly forwarded to the building principal for review, investigation, and action.

Students, parents/guardians, and school personnel may make informal complaints of conduct that they consider to be bullying by verbal report to a teacher, school administrator, or other school personnel. Such informal complaints should attempt to provide the following information: person(s) involved, number of times and places of the alleged conduct, the target of suspected harassment, intimidation, and/or bullying, and the names of any potential student or staff witnesses. A school staff member or administrator who receives an informal complaint shall promptly document the complaint in writing, including the information provided. This written report shall be promptly forwarded by the school staff member and/or administrator to the building principal for review, investigation, and appropriate action.

Students who make informal complaints as provided above may request that their name be maintained in confidence by the school staff member(s) and administrator(s) who receive the complaint, unless such confidence would violate any mandatory reporting requirements pursuant to State and Federal law. Anonymous complaints shall be reviewed and reasonable action shall be taken to address the situation, to the extent such action may be taken that (1) does not disclose the source of the complaint, when appropriate, and (2) is consistent with the due process rights of the student(s) alleged to have committed acts of harassment, intimidation, and/or bullying.

Right to Alternative Complaint Procedures

This policy does not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the West Virginia Human Rights Commission, initiating civil action or seeking redress under the State criminal statutes and/or Federal law.

Confidentiality

Confidentiality of the filing of complaints, the identity of subjects and witnesses of any complaint and of any action taken as a result of such complaint is essential to the effectiveness of this policy. Only those individuals necessary for the investigation and resolution of the complaint shall be given information about it. Therefore, the right of confidentiality of complainants, subjects, witnesses, and investigators as per WV Code 18-2C-3 will be vigorously protected and violations of such confidentiality may itself be grounds for disciplinary action.

However, a proper investigation will, in some circumstances, require the disclosure of names and allegations. In such circumstances, those involved shall make only those disclosures absolutely necessary to the final resolution of the complaint and completion of the investigation.

Strategies to Protect Victims

When responding to verified acts of bullying, the administration shall consider appropriate strategies to protect victims from additional bullying, and from retaliation following a report. Available strategies include, but are not limited to:

1. supervising and disciplining offending students fairly and consistently;
2. providing adult supervision during recess, lunch time, bathroom breaks and in the hallways during times of transition;
3. maintaining contact with parents and guardians of all involved parties;
4. providing counseling for the victim if assessed that it is needed;
5. informing school personnel of the incident and instructing them to monitor the victim and the offending party for indications of bullying behavior; instructing personnel to intervene when prohibited behaviors are witnessed;
6. checking with the victim daily to ensure that there have been no incidents of bullying or retaliation from the offender(s).

Reporting Requirement

The Board shall input incidents of bullying into the West Virginia Educational Information System (WVEIS) and compile an annual report regarding the means of bullying that have been reported to it and the reasons therefore, if known.

Allegations of criminal misconduct and suspected child abuse will be reported to the appropriate law enforcement agency and/or to Child Protective Services in accordance with statute. County board personnel shall cooperate with investigations by such agencies.

Immunity

A school employee, student or volunteer is individually immune from a cause of action for damages arising from reporting said incident, if that person:

1. in good faith promptly reports an incident of bullying;
2. makes the report to the appropriate school official as designated by policy; and
3. makes the report in compliance with the procedures as specified in policy.

Notification

Notice of this policy shall appear annually in any student handbook and in any Board publication that sets forth the comprehensive rules, procedures and standards of conduct for the school.

Policy Training and Education

The Board will provide training, to the extent State or Federal funds are appropriated, on the bullying policy to school employees and volunteers who have direct contact with students and develop a process for educating students on the same.

The schools task forces, programs and other initiatives involving school staff, students, teachers, administrators, volunteers, parents, law enforcement and community members.

Training will be developed and implemented for students and staff on these regulations, their implications and on means for effectively promoting the goals of this policy. The training, at a minimum must: raise awareness of the different types of bullying including cyberbullying, or "sexting", how it manifests itself, the devastating emotional and educational consequences, and its legal consequences. In addition, multicultural education programs must be developed and implemented for faculty, staff and students to foster an attitude of understanding and acceptance of individuals from a variety of cultural, ethnic, racial and religious backgrounds.

Information regarding this policy against bullying shall be incorporated into each school's current employee training program.

Liability

Except as provided in this section of this policy or under WV Code 18-2C-4, nothing in this policy prohibits a victim from seeking redress under any other provision of civil or criminal law.

The Superintendent is directed to develop administrative guidelines to implement this policy. Guidelines shall include reporting and investigative procedures, as needed. The complaint procedure established by the Superintendent shall be followed.

Sexual Violence

The Board is committed to maintaining an education and work environment that is free from all forms of unlawful harassment, including sexual harassment.

Sexual harassment, including sexual violence, interferes with students' rights to receive an education free from discrimination, and, in the case of sexual violence, is a crime. Pursuant to its Title IX obligations, the Board is committed to eliminating sexual violence in all forms and will take appropriate action against any individual found responsible for violating this policy. To further its commitment against sexual violence, the Board provides reporting options, an investigative and disciplinary process, and other related services as appropriate.

This policy applies to all student complaints, whether filed by a student, his/her parent, an employee, or third party on the student's behalf. It applies to all County operations, programs, and activities, as well as to unlawful conduct occurring on school property or during a Board-sponsored activity. All students, administrators, teachers, staff, and all other school personnel share responsibility for avoiding, discouraging, and reporting any form of unlawful harassment.

Definitions

Sexual Harassment

As detailed further in this policy, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature. Sexual harassment may involve the behavior of a person of either gender against a person of the same or opposite gender.

Examples include, but are not limited to:

1. unwelcome sexual propositions, invitations, solicitations, and flirtations;
2. unwanted physical and/or sexual contact;
3. threats or insinuations implying that a person's conditions of education may be adversely affected by not submitting to sexual advances;
4. unwelcome sexual verbal expressions, including graphic sexual commentaries about a person's body, dress, appearance, or sexual activities; unwelcome sexually degrading language, jokes or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene telephone calls;
5. sexually suggestive objects, pictures, videotapes, audio recordings or literature;
6. unwelcome and inappropriate touching, patting, or pinching; obscene gestures;
7. a pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or humiliation to another;
8. speculations about a person's sexual activities or sexual history, or remarks about one's own sexual activities or sexual history;
9. inappropriate boundary invasions into a student's personal space and personal life; and
10. verbal, nonverbal or physical aggression, intimidation, or hostility based on sex or sex-stereotyping that does not involve conduct of a sexual nature.

Sexual Violence

Sexual violence, as used in this policy, refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent (e.g., due to the student's age, intellectual or other disability, or use of drugs or alcohol).

Sexual violence includes rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by school employees, other students, or third parties. All such acts of sexual violence are forms of sexual harassment and, in turn, sex discrimination prohibited by Title IX.

Harassing conduct creates a hostile environment when it interferes with or limits a student's ability to participate in or benefit from the school's program. A single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. For example, a single instance of rape is sufficiently severe to create a hostile environment.

The Compliance Officers are available during regular school/work hours to discuss Title IX questions, sexual violence concerns, and to assist students, other members of the County community, and third parties. Compliance Officers shall accept sexual violence complaints directly from any members of the County community or a visitor to the County, as well as those initially filed within a school building administrator. Upon receiving a complaint, the Compliance Officer or designee will discuss confidentiality issues with the complainant (and his/her parent, if the complainant is a minor), and open an investigation as described below.

Complaint Procedures

Reporting

Students and Board employees are required, and parents, community members, and third parties are encouraged, to report sexual violence promptly to a teacher, administrator, supervisor, or other school official. Reports can be made orally or in writing, and should be as specific as possible. The person making the report shall identify the alleged victim, perpetrator(s), and witness(es), and describe in detail what occurred, including date(s), time(s), and location(s). The County, however, will investigate and address all reports to the extent possible.

A student has a right to file criminal and/or Title IX complaints simultaneously. A student does not need to wait until the Title IX investigation is completed before filing a criminal complaint. Likewise, questions or complaints relating to sexual violence or any other Title IX concerns may also be filed with the U.S. Department of Education's Office for Civil Rights.

Any teacher, administrator, supervisor, or other school employee or official who receives such a complaint shall file it with the County's Compliance Officer within two (2) school days, and shall comply with his/her mandatory reporting responsibilities pursuant to State law. The Compliance Officer will oversee the County's investigation and response to any Title IX-related complaints, but s/he may delegate the investigative process to another individual ("Designee"). The Board reserves the right to have the formal complaint investigation conducted by an external person in accordance with this policy.

Confidentiality

The County respects students' privacy and will only disclose information regarding alleged sexual violence to individuals who are responsible for handling the school's response, the student's parents (if the student is a minor or is considered a dependent under Section 152 of the Internal Revenue Code), or as otherwise required by law. During the course of a formal investigation, the Compliance Officer/designee will instruct all interviewees about the importance of maintaining confidentiality. Interviewees will be directed not to disclose any information that s/he learns or that s/he provides during the course of the investigation to third parties.

Students or their parents sometimes ask that the students' names not be disclosed to the alleged perpetrators or that no investigation or disciplinary action be pursued to address the alleged sexual violence. Upon such a request, the Compliance Officer/designee will inform the student and his/her parent that honoring the request may limit the County's ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator. The official will also explain that Title IX includes protections against retaliation, and that school officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs.

Should the student or his/her parents continue to request complete confidentiality, the Compliance Officer/designee will balance the student's privacy request with the County's obligation to provide a safe and non-discriminatory environment for all students. Should the official determine that the County can honor the student's or parent's request and remain in compliance with its Federal and State obligations, the County may limit its investigation and/or formal action against the alleged perpetrator. The County will, however, take other action to address the sexual violence. This may include increasing monitoring and security, offering schedule changes, and conducting climate surveys.

If the Compliance Officer/designee determines that the County must disclose the student's identity to an alleged perpetrator, s/he will inform the student and his/her parents prior to disclosure. The County will then afford interim protection measures to the student as appropriate.

Investigation

The County is committed to investigating all sexual violence complaints in an adequate, reliable, impartial, and prompt manner. The investigation will seek to determine whether the conduct occurred, and if so, what actions the school will take to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and remedy its effects.

The investigation may include:

1. interviewing the complainant, perpetrator, and any witnesses;
2. reviewing law enforcement investigation documents;
3. reviewing student and personnel files;
4. gathering and examining other relevant documents or evidence; and
5. providing a disciplinary hearing as needed.

The County affords both parties a balanced and fair process. Specifically, the complainant has the same rights throughout the proceeding as the alleged perpetrator. Both parties, for example, will have an equal opportunity to present relevant witnesses and other evidence at a disciplinary hearing. Likewise, the County's appeal process is available to both parties. The County, however, does not require complainants to be present for the hearing or appeal. Further, the County will not permit parties to personally question or cross-examine each other directly.

Additionally:

1. The County permits both parties to have legal counsel or other advisors at any stage of the proceedings. Any restrictions on legal counsel participation apply to both parties equally.
2. The County permits both parties to submit third-party testimony.
3. The County permits both parties to be present for the entire hearing, but it will not require the complainant and alleged perpetrator to be present in the same room at the same time.

In resolving a complaint, the County uses a preponderance of the evidence standard, determining whether it is more likely that not that sexual violence occurred.

Timeline

The Compliance Officer/designee must contact the student, if age eighteen or older, or the student's parents if under the age eighteen, within two school days after receipt of a report of sexual violence to advise s/he/them of the Board's intent to investigate the alleged misconduct. The Compliance Officer/designee will also inform the alleged perpetrator of the opportunity to submit a written response to the complaint within five business days. The County's investigation, including a disciplinary hearing process (but not appeal), may take up to sixty calendar days to complete. This timeframe may be extended on a case-by-case basis, depending on the complexity and severity of the matter, criminal investigation requirements, and school breaks. During this period, the County will provide the complainant with periodic updates on the status of the investigation.

Interim Measures

During the investigation, the County will take interim steps to facilitate the complainant's equal access to its education programs. These steps may include, but are not limited to: (1) notifying the complainant of his/her options to avoid contact with the alleged perpetrator; (2) allowing the complainant to change his/her academic, extracurricular, transportation, dining, and working situation as appropriate; and (3 ) informing complainant of other available resources, such as counseling, legal assistance, and victim advocacy. Specific interim measures will be considered and offered on a case-by-case basis.

Notice

Upon completing its investigation, the County will notify both parties in writing about the outcome of the complaint and any appeal. Specifically, the County will notify the complainant: (1) as to whether the investigation substantiated the allegations; (2) of individual remedies offered to the complainant; (3) of sanctions imposed on the perpetrator that directly relate to the complainant; and (4) other steps the County has taken to eliminate the hostile environment and prevent recurrence. The alleged perpetrator will be notified of the investigation's result and disciplinary consequence to him/her, if any. The County will not notify the alleged perpetrator about the individual remedies afforded to the complainant. All aforementioned notifications will comply with Federal and State privacy laws, including the Family Education Rights and Privacy Act (FERPA).

Remedies

The County will provide a prompt and equitable resolution. If the investigation substantiates the complaint, the County will take steps to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and remedy its effects. In addition to imposing disciplinary consequences on the perpetrator, the County will consider the following individual and global remedies, on a case-by-case basis.

1. providing medical, counseling, and academic support services to the complainant and/or perpetrator;
2. re-arranging schedules at the complainant's request;
3. affording the complainant extra time to complete or retake classes without academic penalty;
4. reviewing any disciplinary proceedings against the complainant;
5. training or retraining employees;
6. developing materials on sexual violence;
7. conducting sexual violence prevention programs; and
8. conducting climate checks.

The County will not offer mediation in cases involving sexual violence. Disciplinary consequences against offenders may include suspension, expulsion, termination, and any other sanctions the Board deems appropriate. Any discipline meted out to offenders will comply with special education and Section 504 laws and regulations.

Appeals Process

Both complainants and perpetrators may appeal the outcome of the investigation. Any appeal opportunities afforded to the alleged perpetrator are also afforded to the complainant. Any party wishing to appeal the outcome of the investigation must submit a written appeal to the Board within ten school days after receipt of the written notice of the outcome of the investigation. The Board shall, within twenty work days, conduct a hearing concerning the appeal. The Board shall provide a written decision to the appealing individual within ten work days following completion of the hearing.

Retaliation

Federal law strictly prohibits retaliation against a complainant or witness. The County will inform complainant of this prohibition and direct him/her to report retaliation, whether by students or school officials, to the Compliance Officer. Upon learning of retaliation, school officials will take strong responsive action as appropriate.

Training

All staff will be trained so they know to report harassment to appropriate school officials. This training will include practical information about how to identify and report sexual harassment, including sexual violence. The training will be provided to any employees likely to witness or receive complaints involving sexual harassment and/or sexual violence, including teachers, school law enforcement unit employees or school resource officers, school administrators, school counselors, and health personnel. Further, school administrators responsible for investigating allegations of sexual harassment and sexual violence will be trained how to conduct such investigations and respond properly to such charges.

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