I. PURPOSE
The purpose of this policy is to set forth the goal of Moorhead Area Public Schools in preventing and responding to acts of bullying, intimidation, violence, reprisal, retaliation, and other similar disruptive and detrimental behavior.
II. GENERAL STATEMENT
A safe and civil environment is needed for students to learn and attain high academic standards and promote healthy human relationships. Bullying, like other violent or disruptive behavior, is conduct that interferes with a student's ability to learn and/or a teacher's ability to educate students in a safe environment. The Moorhead Area Public Schools cannot monitor the activities of students at all times and eliminate all incidents of bullying between students, particularly when students are not under the direct supervision of school personnel. However, to the extent such conduct affects the educational environment of the school district and the rights and welfare of its students and is within the control of the school district in its normal operations, the school district intends to prevent bullying and take action to investigate, respond to, and to remediate and discipline for those acts of bullying which have not been successfully prevented. The purpose of this policy is to assist the school district in its goal of preventing and responding to acts of bullying, intimidation, violence, reprisal, retaliation, and other similar disruptive and detrimental behavior.
A. An act of bullying, by either an individual student or a group of students, is expressly prohibited;
1. on school premises, on school district property, at school functions or activities, or on school transportation.
2. by the use of electronic technology and communications on the school premises, during the school functions, or activities, on the school transportation, or on the school computers, networks, forums, and mailing lists; or
3. by use of electronic technology and communications off the school premises to the extent such use substantially and materially disrupts.
B. A school-aged child who voluntarily participates in a public school activity, such as a cocurricular or extracurricular activity, is subject to the policy provisions applicable to the public school students participating in the activity.
C. This policy applies not only to students who directly engage in an act of bullying but also to students who, by their indirect behavior, condone or support another student's act of bullying. This policy also applies to any student whose conduct at any time or in any place constitutes bullying or other prohibited conduct that interferes with or obstructs the mission or operations of the school district or the safety or welfare of the student or other students, or materially and substantially interferes with a student's educational opportunities or performance or ability to participate in school functions or activities or receive school benefits, services, or privileges. This policy also applies to an act of cyberbullying regardless of whether such act is committed on or off school district property and/or with or without the use of school district resources. The policy also applies to sexual exploitation.
D. Malicious and sadistic conduct involving race, color, creed, national origin, sex, age, marital status, status with regard to public assistance, disability, religion, sexual harassment, and sexual orientation and gender identity as defined in Minnesota Statutes, chapter 363A is prohibited. This prohibition applies to students, independent contractors, teachers, administrators, and other school personnel.
Malicious and sadistic conduct and sexual exploitation by a school district or school staff member, independent contractor, or enrolled student against a staff member, independent contractor, or student that occurs as described in Article II.A above is prohibited.E. No teacher, administrator, volunteer, contractor, or other employees of the school district shall permit, condone, or tolerate bullying.F. Apparent permission or consent by a student being bullied does not lessen or negate the prohibitions contained in this policy.G. Retaliation against a victim, good faith reporter, bully, or a witness of bullying is prohibited.H. False accusations or reports of bullying against another student are prohibited.I. A person who engages in an act of bullying, reprisal, retaliation, or false reporting of bullying or permits, condones or tolerates bullying shall be subject to discipline or other remedial responses for that act in accordance with the school district's policies and procedures, including the school district's Student Discipline Policy 506 and Administrative Procedures 506.1: Discipline Procedures, 506.2 Tennessen Warning and 506.3 Notice of Suspension Form. The school district may take into account the following factors:1. The developmental ages and maturity levels of the parties involved;2. The levels of harm, surrounding circumstances, and nature of the behavior;3. Past incidences or past or continuing patterns of behavior;4. The relationship between the parties involved; and5. The context in which the alleged incidents occurred.Consequences for students who commit prohibited acts of bullying may range from remedial responses or positive behavioral interventions up to and including suspension and/or expulsion. The school district shall employ research-based developmentally appropriate best practices that include preventative and remedial measures and effective discipline for deterring violations of this policy, apply throughout the school district, and foster student, parent, and community participation.
Consequences for employees who permit, condone, or tolerate bullying or engage in an act of reprisal or intentional false reporting of bullying may result in disciplinary action up to and including a letter of deficiency, letter of disciplinary action, termination, or discharge.
Consequences for other individuals engaging in prohibited acts of bullying may include, but not be limited to, exclusion from school district property and events.
J. The Moorhead Area Public Schools will act to investigate all complaints of bullying reported to the school district and will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, or other employees of the school district who is found to have violated this policy.
III. DEFINITIONS
For purposes of this policy, the definitions included in this section apply.
A. "Bullying" means intimidating, threatening, abusive, or harming conduct that is objectively offensive and:
1. an actual or perceived imbalance of power exists between the student engaging in the prohibited conduct and the target of the prohibited conduct, and the conduct is repeated or forms a pattern; or
2. materially and substantially interferes with a student's educational opportunities or performance or ability to participate in school functions or activities or receive school benefits, services, or privileges.
The term, "bullying," specifically includes cyberbullying, malicious and sadistic conduct, and sexual exploitation.
B. "Cyberbullying" means bullying using technology or other electronic communication, including, but not limited to, a transfer of a sign, signal, writing, image, sound, or data, including a post on a social network Internet website, or forum, transmitted through a computer, cell phone, or other electronic devices. The term applies to prohibited conduct that occurs on school premises, on school district property, at school functions or activities, on school transportation, on school computers, networks, forums, and mailing lists, or off school premises to the extent that it substantially and materially disrupts student learning or the school environment.
C. "Immediately" means as soon as possible but in no event longer than 24 hours.
D. "Intimidating, threatening, abusive, or harming conduct" means, but is not limited to, conduct that does the following:
1. Causes physical harm to a student or a student's property or causes a student to be in reasonable fear of harm to person or property;
2. Under Minnesota common law, violates a student's reasonable expectation of privacy, defames a student, or constitutes intentional infliction of emotional distress against a student; or
3. Is directed at any student or students, including those based on a person's actual or perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex, marital status, familial status, socioeconomic status, physical appearance, sexual orientation including gender identity and expression, academic status related to student performance, disability, or status with regard to public assistance, age, or any additional characteristic defined in the Minnesota Human Rights Act (MHRA). However, prohibited conduct need not be based on any particular characteristic defined in this paragraph or the MHRA.
E. ”Malicious and sadistic conduct” means creating a hostile learning environment by acting with the intent to cause harm by intentionally injuring another without just cause or reason or engaging in extreme or excessive cruelty or delighting in cruelty.
F. "On school premises, on school district property, at school functions or activities, or on school transportation" means all school district buildings, school grounds, and school property or property immediately adjacent to school grounds, school bus stops, school buses, school vehicles, school contracted vehicles, or any other vehicles approved for school district purposes, the area of entrance or departure from school grounds, premises, or events, and all school-related functions, school-sponsored activities, events, or trips. School district property also may mean a student's walking route to or from school for purposes of attending school or school-related functions, activities, or events. While prohibiting bullying at these locations and events, the school district does not represent that it will provide supervision or assume liability at these locations and events.
G. "Prohibited conduct" means bullying or cyberbullying, malicious and sadistic conduct, sexual exploitation or retaliation or reprisal for asserting, alleging, reporting, or providing information about such conduct or knowingly making a false report about prohibited conduct.
H. "Remedial response" means a measure to stop and correct prohibited conduct, prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of a student who is the target or victim of prohibited conduct.
I. "Student" means a student enrolled in a public school or a charter school.
IV. REPORTING PROCEDUREA. Any person who believes he or she has been the target or victim of bullying or any person with knowledge or belief of conduct that may constitute bullying or prohibited conduct under this policy shall report the alleged acts immediately to the appropriate school district officials (teachers, administrators, coaches/advisors, and other employees). A person may report bullying anonymously. However, the school district may not rely solely on an anonymous report to determine discipline or other remedial responses.B. The Moorhead Area Public Schools encourages the reporting party or complainant to use the report form (Administrative Procedure 514.1: Bullying Report Form) available from the administrator or building supervisor of each building or available from the school district office, but oral reports shall be considered complaints as well.C. In each school building the building administrator, the administrator's designee, or the building supervisor (hereinafter the "building report taker") is the person responsible for receiving oral or written reports of bullying or other prohibited conduct at the building level. Any person may report bullying or other prohibited conduct directly to the school district human rights officer (Assistant Superintendent of Business and Administrative Services) or the Superintendent. If the complaint involves the building report taker, the complaint shall be made or filed directly with the Superintendent or the school district human rights officer by the reporting party or complainant. The building report taker shall ensure that this policy and its procedures, practices, consequences, and sanctions are fairly and fully implemented and shall serve as the primary contact on policy and procedural matters. The building report taker or a third party designated by the school district shall be responsible for the investigation. The building report taker shall provide information about available community resources to the target or victim of the bullying or other prohibited conduct, the perpetrator, and other affected individuals as appropriate.
D. A teacher, school administrator, volunteer, contractor, or other school employees shall be particularly alert to possible situations, circumstances, or events that might include bullying. Any such person who witnesses, observes, receives a report of, or has other knowledge or belief of conduct that may constitute bullying or other prohibited conduct shall make reasonable efforts to address and resolve the bullying or prohibited conduct and shall inform the building report taker immediately. School district personnel who fail to inform the building report taker of conduct that may constitute bullying or other prohibited conduct or who fail to make reasonable efforts to address and resolve the bullying or prohibited conduct in a timely manner may be subject to disciplinary action.
E. Reports of bullying or other prohibited conduct are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law. The building report taker, in conjunction with the responsible authority, shall be responsible for keeping and regulating access to any report of bullying and the record of any resulting investigation.
F. Submission of a good faith complaint or report of bullying or other prohibited conduct will not affect the complainant’s or reporter’s future employment, grades, work assignments, or educational or work environment.
G. The school district will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district’s obligation to investigate, take appropriate action, and comply with any legal disclosure obligations.
V. SCHOOL DISTRICT ACTIONA. Upon receipt of a complaint or report of bullying or other prohibited conduct, the Moorhead Area Public Schools shall promptly begin an investigation of bullying, cyberbullying, harassment, or intimidation report within three school days. The building report taker will be responsible for the investigation, any resulting record, and for keeping and/or regulating access to any record.B. The building report taker or other appropriate school district officials may take immediate steps, at their discretion, to protect the target or victim of the bullying or other prohibited conduct, the complainant, the reporter, and students or others, pending completion of an investigation of the bullying or other prohibited conduct, consistent with applicable law.
C. The alleged perpetrator of the bullying or other prohibited conduct shall be allowed the opportunity to present a defense during the investigation or prior to the imposition of discipline or other remedial responses.D. Upon completion of an investigation that determines that bullying or other prohibited conduct has occurred, the school district will take appropriate action. Such action may include but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination, or discharge. Disciplinary consequences will be sufficiently severe to try to deter violations and to appropriately discipline prohibited conduct. Remedial responses to the bullying or other prohibited conduct shall be tailored to the particular incident and nature of the conduct and shall take into account the factors specified in Section II.F. of this policy. School district action taken for violation of this policy will be consistent with the requirements of applicable collective bargaining agreements; applicable statutory authority, including the Minnesota Pupil Fair Dismissal Act; the Student Discipline Policy 506, and procedures (506.1, 506.2, and 506.3) and other applicable school district policies; and applicable regulations.
E. Reports of bullying or other prohibited conduct are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law. The building report taker, in conjunction with the Superintendent and/or director of human resources and operations, shall be responsible for keeping and regulating access to any report of bullying and the record of any resulting investigation.
F. Submission of a good faith complaint or report of bullying or other prohibited conduct will not affect the complainant's or reporter's future employment, grades, work assignments, or educational or work environment.
G. Moorhead Area Public Schools will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district's obligation to investigate, take appropriate action, and comply with any legal disclosure obligations.
H. Moorhead Area Public Schools is not authorized to disclose to a victim private educational or personnel data regarding an alleged perpetrator who is a student or employee of the school district. School officials will notify the parent(s)/guardian(s) of students who are targets of bullying or other prohibited conduct and the parent(s) or guardian(s) of alleged perpetrators of bullying or other prohibited conduct who have been involved in a reported and confirmed bullying incident of the remedial or disciplinary action taken, to the extent permitted by law.
I. In order to prevent or respond to bullying or other prohibited conduct committed by or directed against a child with a disability, the school district shall, when determined appropriate by the child's individualized education program (IEP) team or Section 504 team, allow the child's IEP or Section 504 plan to be drafted to address the skills and proficiencies the child needs as a result of the child's disability to allow the child to respond to or not to engage in bullying or other prohibited conduct.
VI. RETALIATION OR REPRISAL
Moorhead Area Public Schools will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, or other employees of the school district who commits an act of reprisal or who retaliates against any person who asserts, alleges, or makes a good faith report of alleged bullying or prohibited conduct who provides information about the bullying or prohibited conduct, who testifies, assists, or participates in an investigation of alleged bullying or prohibited conduct, or who testifies, assists, or participates in a proceeding or hearing relating to such bullying or prohibited conduct. Retaliation includes, but is not limited to, any form of intimidation, reprisal, harassment, or intentional disparate treatment. Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline the individual(s) who engaged in the prohibited conduct. Remedial responses to the prohibited conduct shall be tailored to the particular incident and nature of the conduct and shall take into account the factors specified in Section II.F. of this policy.
VII. TRAINING AND EDUCATION
A. Moorhead Area Public Schools shall discuss this policy with school personnel and volunteers and provide appropriate training to school district personnel regarding this policy. The school district shall establish a training cycle for school personnel to occur during a period not to exceed every three school years. Newly employed school personnel must receive the training within the first year of their employment with the school district. The school district or a school administrator may accelerate the training cycle or provide additional training based on a particular need or circumstance. This policy shall be included in employee handbooks, training materials, and publications on school rules, procedures, and standards of conduct, which materials shall also be used to publicize this policy.
B. The school district shall require ongoing professional development, consistent with Minnesota Statutes section 122A.60, to build the skills of all school personnel who regularly interact with students to identify, prevent, and appropriately address bullying and other prohibited conduct. Such professional development includes but is not limited to, the following:
1. Developmentally appropriate strategies both to prevent and to immediately and effectively intervene to stop prohibited conduct;
2. The complex dynamics affecting a perpetrator, target, and witnesses to prohibited conduct;
3. Research on prohibited conduct, including specific categories of students at risk for perpetrating or being the target or victim of bullying or other prohibited conduct in school;
4. The incidence and nature of cyberbullying; and
5. Internet safety and cyberbullying.
C. Moorhead Area Public Schools annually will provide education and information to students regarding bullying, including information regarding this school district policy prohibiting bullying, the harmful effects of bullying, and other applicable initiatives to prevent bullying and other prohibited conduct. Information is available on the district website at www.moorheadschools.org.D. The administration of the school district is directed to implement programs and other initiatives to prevent bullying, to respond to bullying in a manner that does not stigmatize the target or victim, and to make resources or referrals to resources available to targets or victims of bullying.
E. The administration is encouraged to provide developmentally appropriate instruction and is directed to review programmatic instruction to determine if adjustments are necessary to help students identify and prevent or reduce bullying and other prohibited conduct, to value diversity in school and society, to develop and improve students' knowledge and skills for solving problems, managing conflict, engaging in civil discourse, and recognizing, responding to, and reporting bullying and other prohibited conduct, and to make effective prevention and intervention programs available to students.
The administration must establish strategies for creating a positive school climate and use evidence-based social-emotional learning to prevent and reduce discrimination and other improper conduct.
The administration is encouraged, to the extent practicable, to take such actions as it may deem appropriate to accomplish the following:
1. Engage all students in creating a safe and supportive school environment;
2. Partner with parents and other community members to develop and implement prevention and intervention programs;
3. Engage all students and adults in integrating education, intervention, and other remedial responses into the school environment;
4. Train student bystanders to intervene in and report incidents of bullying and other prohibited conduct to the school's primary contact person;
5. Teach students to advocate for themselves and others;
6. Prevent inappropriate referrals to special education of students who may engage in bullying or other prohibited conduct, and
7. Foster student collaborations that, in turn, foster a safe and supportive school climate.
F. The school district may implement violence prevention and character development education programs to prevent or reduce policy violations. Such programs may offer instruction on character education including, but not limited to, character qualities such as attentiveness, truthfulness, respect for authority, diligence, gratefulness, self-discipline, patience, forgiveness, respect for others, peacemaking, and resourcefulness.
G. The school district shall inform affected students and their parents of rights they may have under state and federal data practices laws to obtain access to data related to an incident and their right to contest the accuracy or completeness of the data. The school district may accomplish this requirement by the inclusion of all or applicable parts of its protection and privacy of pupil records (Protection and Privacy of Student Records Policy 515) in the student handbook.
VIII. NOTICE
A. Moorhead Area Public Schools will give annual notice of this policy to students, parents or guardians, and staff, and a summary of this policy shall appear in the student handbook.
B. This policy must be conspicuously posted throughout each school building in the administrative offices of the school district and in the office of each school.
C. This policy must be distributed to each school district or school employee and independent contractor at the time of hiring or contracting.
D. Notice of the rights and responsibilities of students and their parents under this policy must be included in the Student Discipline Policy 506 distributed to parents at the beginning of each school year.
E. This policy shall be available to all parents and other school community members in an electronic format in the language appearing on the school district's or a school's website.
F. Each school must develop a process for discussing this policy with students, parents of students, independent contractors, and school employees.
G. The school district shall provide an electronic copy of its most recently amended policy to the Commissioner of Education.
IX. POLICY REVIEW
To the extent practicable, the School Board shall annually review and revise this policy. The policy shall be made consistent with Minnesota Statutes sections 121A.031 and 121A.0312 and other applicable laws. Revisions shall be made in consultation with students, parents, community organizations, parent-teacher advisory councils, Policy Review Committee, and the Instruction and Curriculum Advisory Committee.
Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 120A.05, Subds. 9, 11, 13, and 17 (Definition)
Minn. Stat. 120B.232 (Character Development Education)
Minn. Stat. 121A.03 (Model Policy)
Minn. Stat. 121A.031 (School Student Bullying Policy)
Minn. Stat. 121A.0312 (Malicious and Sadistic Conduct)
Minn. Stat. 121A.0311 (Notice of the Rights and Responsibilities of Students and Parents under the Safe and Supportive Minnesota Schools Act)
Minn. Stat. 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. 121A.69 (Hazing Policy)
Minn. Stat. Ch. 124E (Charter Schools)
Minn. Stat. § 124D.10 Ch. 124E (Charter School)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
20 U.S.C. 1232g et seq. (Family Educational Rights and Privacy Act)
34 C.F.R. 99.1-99.67 (Family Educational Rights and Privacy)
Cross References:
MSBA/MASA Model Policy 413 (Harassment and Violence)
MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)
MSBA/MASA Model Policy 415 (Mandated Reporting of Maltreatment of Vulnerable Adults)
MSBA/MASA Model Policy 423 (Employee-Student Relationships)
MSBA/MASA Model Policy 501 (School Weapons Policy)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 507 (Corporal Punishment)
MSBA Model Policy 514 (Bullying Prohibition Policy)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy 521 (Student Disability Nondiscrimination)
MSBA/MASA Model Policy 522 (Title IX Sex Nondiscrimination Policy)
MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety Policy)
MSBA/MASA Model Policy 525 (Violence Prevention)
MSBA/MASA Model Policy 526 (Hazing Prohibition)
MSBA/MASA Model Policy 529 (Staff Notification of Violent Behavior by Students)
MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)
MSBA/MASA Model Policy 711 (Video Recording on School Buses)
MSBA/MASA Model Policy 712 (Video Surveillance Other Than on Buses)
Moorhead School Board Policy 413: Prohibition of Harassment and Violence
Moorhead School Board Policy 414: Mandated Reporting of Child Neglect or Physical or Sexual Abuse
Moorhead School Board Policy 415: Maltreatment of Vulnerable Adults
Moorhead School Board Policy 501: Moorhead Area Public School District Weapons Policy
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 507: Corporal Punishment
Moorhead School Board Policy 515: Protection and Privacy of Student Records
Moorhead School Board Policy 102: Equal Educational Opportunity
Moorhead School Board Policy 528: Student Parental, Family and Marital Status Nondiscrimination
Moorhead School Board Policy 526: Hazing Prohibition
Moorhead School Board Policy 529: Notification to Staff Regarding Placement of Students with Violent Behaviors
Moorhead School Board Policy 709: Student Transportation Safety
Moorhead School Board Policy 524: Moorhead Area Public Schools Electronic Network and Systems Responsible Use and Safety
Moorhead School Board Policy 521: Student Disability Nondiscrimination
Moorhead School Board Policy 448: Electronic Communications Between Employees and Students