United Public Schools

Descriptor Code: ACEA

Bullying Policy

The United Public School District #7 is committed to providing all students with a safe and civil school environment in which all members are treated with dignity and respect. Bullying of or by a student or school staff member is against federal, state, and local policy and is not tolerated by the Board. Bullying behavior can seriously disrupt the ability of the district to maintain a safe and civil environment, and the ability of students to learn and succeed. Therefore, it is the policy of the state and the school district that students and school staff members shall not engage in bullying behavior while on school property.
Definitions
For the purposes of this policy:

• • Bullying is defined in NDCC 15.1-19-17 as:

1. a. Conduct that occurs in a public school, on school district premises, in a district owned or leased school bus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which:

1. i. Is so severe, pervasive, or objectively offensive that it substantially interferes with the student’s educational opportunities;
2. ii. Places the student in actual and reasonable fear of harm;
3. iii. Places the student in actual and reasonable fear of damage to property of the student; or
4. iv. Substantially disrupts the orderly operation of the public school; or

1. b. Conduct received by a student while the student is in a public school, on school district premises, in a district owned or leased school bus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which:

1. i. Is so severe, pervasive, or objectively offensive that it substantially interferes with the student’s educational opportunities;
2. ii. Places the student in actual and reasonable fear of harm;
3. iii. Places the student in actual and reasonable fear of damage to property of the student; or
4. iv. Substantially disrupts the orderly operation of the public school.

1. c. Conduct received or sent by a student through the use of an electronic device while the student is outside a public school, off school district premises, and off school district owned or leased property and which:

1. i. Places the student in actual and reasonable fear of:

1. 1. Harm: or
2. 2. Damage to property of the student;

1. ii. Is so severe, pervasive, or objectively offensive the conduct substantially interferes with the student’s educational opportunities or substantially disrupts the orderly operation of the public school.

• • Electronic communication is defined in NDCC 12.1-17-07(5) as a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic, or photo-optical system.
• • Protected status are classifications/characteristics protected from discrimination by NDCC 14-02.4-01 and federal law. The following statuses are protected: race, color, religion, sex, national origin, age, disability (physical or mental), and status with regard to marriage or public assistance.
• • School property is defined in NDCC 15.1-19-10(6)(b) as all land within the perimeter of the school site and all school buildings, structures, facilities, and school vehicles, whether owned or leased by a school district, and the site of any school-sponsored event or activity.
• • School-sanctioned activity is defined as an activity that:

1. a. Is not part of the district’s curricular or extracurricular program; and
2. b. Is established by a sponsor to serve in the absence of a district program; and
3. c. Receives district support in multiple ways (i.e., not school facility use alone); and
4. d. Sponsors of the activity have agreed to comply with this policy; and
5. e. The District has officially recognized through board action as a school-sanctioned activity.

• • School-sponsored activity is an activity that the District has approved through policy or other board action for inclusion in the district’s extracurricular program and is controlled and funded primarily the District.
• • School staff include all employees of the United Public School District #7, school volunteers, and sponsors of school-sanctioned activities.
• • True threat is a statement that, in light of the circumstances, a reasonable person would perceive as a serious expression of an intent to inflict harm.
• •

1. 1. Engage in bullying.
2. 2. Engage in reprisal or retaliation against:

1. a. A victim of bullying;
2. b. An individual who witnesses an alleged act of bullying;
3. c. An individual who reports an alleged act of bullying; or
4. d. An individual who provides information/participates in an investigation about an alleged act of bullying.

1. 3. Knowingly file a false bullying report with the District.

1. 1. Reporting requirements for school staff: Any school staff member with knowledge or suspicion of a violation of this policy or who has received an oral or written report of a violation of this policy from a student, community member, or anonymously shall contact the building principal to inform them as soon as possible. If the alleged violation implicates the building principal, the school staff member shall report it to the Superintendent. If the alleged violation implicates the Superintendent, the school staff member shall report it to the Board President.

1. 2. Reporting options for students and community members: Students and community members (including parents) may report known or suspected violations of this policy using any of the following methods:

1. a. Completing a written complaint form (ACEA-E4). A complainant will have the option of including their name on this form or filing it anonymously. The District will place the form in a variety of locations throughout the school and should inform students and staff of these locations. The form may be returned to any school staff member, filed in a school building’s main office, or placed in a designated drop box located in each school.
2. b. Complete and submit an online complaint form. A complainant will have the option of including their name on the form or submitting it anonymously.
3. c. File an oral report with any school staff member.

1. 1. Initiate a report of an alleged violation of this policy; or
2. 2. Receive an oral report of an alleged violation of this policy.

1. 1. Initiate a report of an alleged violation of this policy; or
2. 2. Receive an oral report of an alleged violation of this policy.

1. 1. Identification and collection of necessary and obtainable physical evidence (NOTE: In some cases physical evidence may be unobtainable, e.g., a private social networking profile).
2. 2. Interviews with the complainant, the victim, and/or the alleged perpetrator. At no time during an investigation under this policy shall the victim/complainant be required to meet with the alleged perpetrator.
3. 3. Interviews with any identified witnesses.
4. 4. A review of any mitigating or extenuation circumstances.
5. 5. Final analysis and issuance of findings in writing to the victim and bully and, if applicable, implementation of victim protection measures and disciplinary measures under this or other applicable policies.

1. 1. Require the student to attend detention.
2. 2. Impose in or out-of- school suspension or recommend expulsion. Due process procedures contained in the district’s suspension and expulsion policy shall be followed.
3. 3. Recommend alternative placement. This recommendation shall be submitted to the Superintendent for approval or denial. The Superintendent may approve such recommendations only if the student has been given notice of the charges against him/her and an opportunity to respond. Alternative placement of special education students will be handled in accordance with applicable policy.
4. 4. Create a behavioral adjustment plan.
5. 5. Refer the student to a school counselor.
6. 6. Hold a conference with the student’s parent/guardian and classroom teacher(s), and other applicable school staff.
7. 7. Modify the perpetrator’s schedule and take other appropriate measures (e.g., moving locker) to minimize contact with the victim.
8. 8. If applicable, contact the administrator of the website or social media platform on which the bullying occurred to report. It.

1. 1. Additional training for all students and applicable staff on implementation of this policy and/or bullying prevention.
2. 2. Notice to the victim’s teachers and other staff to monitor the victim and his/her interaction with peers and/or the assignment of a staff member to escort the student between classes.
3. 3. Assignment of district staff to monitor, more frequently, areas in the school where bullying has occurred.
4. 4. Referral to counseling services for the victim and perpetrator.
5. 5. Modification of the perpetrator’s schedule and other appropriate measures imposed on the perpetrator (not the victim) to minimize the perpetrator’s contact with the victim.