Adopted: MSBA/MASA Model Policy 514
Revised: Rev. 2023
514 BULLYING
PROHIBITION POLICY
I. PURPOSE
A safe and civil environment is needed for students to learn
and attain high academic standards and to 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
school district 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 to 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.
II. GENERAL
STATEMENT OF POLICY
A. An act of
bullying, by either an individual student or a group of students, is expressly
prohibited:
1. on the
school premises, at the school functions or activities, on the 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 student learning or the school
environment.
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. This 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 employee 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, 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 discipline
policy (See MSBA/MASA Model Policy 506).
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; and
5. 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
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
school district 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 employee 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 device. The term applies to prohibited conduct which
occurs on school premises, on school district property, at school functions or
activities, on school transportation, or 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, 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 PROCEDURE
A. 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 an
appropriate school district official designated by this policy. 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 school
district encourages the reporting party or complainant to use the report form
available from the principal or building supervisor of each building or
available in the school district office, but oral reports shall be considered
complaints as well.
C. The building
principal, the principal’s designee, or the building supervisor (hereinafter the
“building report taker”) is the person responsible for receiving reports of
bullying or other prohibited conduct at the building level. Any person may report bullying or other
prohibited conduct directly to a school district human rights officer 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 employee 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 ACTION
A. Within three
days of the receipt of a complaint or report of bullying or other prohibited
conduct, the school district shall undertake or authorize an investigation by the
building report taker or a third party designated by the school district.
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
(See MSBA/MASA Model Policy 506) and other applicable school district policies;
and applicable regulations.
E. The school
district 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) or 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.
F. 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
The school district will discipline or take appropriate
action against any student, teacher, administrator, volunteer, contractor, or
other employee 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 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. The school
district 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. The school
district 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.
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 or 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
schools’ 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 inclusion of all or applicable parts of its
protection and privacy of pupil records policy (See MSBA/MASA Model Policy 515)
in the student handbook.
VIII. NOTICE
A. The school
district will give annual notice of this policy to students, parents or guardians,
and staff, and 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 (See MSBA/MASA Model 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 Minnesota Commissioner
of Education.
IX. POLICY REVIEW
To the extent practicable, the school board shall, on a
cycle consistent with other school district policies, review and revise this
policy. The policy shall be made
consistent with Minnesota Statutes, sections 121A.031 and 121A.0312 and other
applicable law. Revisions shall be made
in consultation with students, parents, and community organizations.
Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. § 120A.05, Subds. 9, 11, 13, and 17 (Definitions)
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. 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 403 (Discipline, Suspension, and Dismissal of School District Employees)
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/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)