AR 411.1 - Student Harassment / Bullying Report Procedures

  • ADMINISTRATIVE RULE 411.1

     

     

    AR 411.1 -   Student Harassment / Bullying Report Procedures

     

    Any student, or another concerned individual, including a perceived victim or one who may be aware of a suspected violation of this policy, is encouraged to bring forward a complaint in accordance with the informal and/or formal procedures outlined below.

     

    A.           Informal Procedure

     

    1.           Any individual who believes he/she has been or is being subjected to, or is aware of, harassment or bullying, is encouraged to advise the person who is engaging in such conduct of his/her objection to the harassment or bullying. Failure to do so does not prevent the individual from pursuing the formal complaint procedure set forth in section B of this rule.

     

    B.           Formal Procedure

     

    1.             Any individual who believes that he/she has been or is being subjected to, or is aware of, harassment or bullying, is encouraged to discuss the perceived harassment or bullying with a teacher, guidance counselor, or principal. The individual shall prepare a written complaint (AR 411.1, Exhibit A) which shall be submitted to a building administrator where the incident took place, or is taking place, or at which the involved student(s) attend. The building administrator shall undertake a prompt and thorough investigation of the complaint. If the building administrator is the subject of the complaint, the complaint shall be referred to the District Administrator for investigation and action.

     

    Upon completion of the investigation, the building administrator shall determine the appropriate action to be taken regarding the complaint. The building administrator shall inform the complainant, each student involved, and the parent(s)/guardian(s) of each, in writing, of his/her determination regarding the complaint within fifteen (15) school days.

     

    2.             If the complainant wishes to appeal the determination made in section B(1) above, he/she may submit a signed statement of appeal to the District Administrator indicating with particularity the nature of the disagreement with the determination and the reasons underlying such disagreement within fifteen (15) school days after receipt of the building administrator’s response to the complaint. The District Administrator will review with the complainant, the building administrator or other appropriate persons the facts comprising the alleged harassment or bullying which is the subject of the appeal. Within fifteen (15) school days after receiving the appeal, the District Administrator shall decide the merits of the case, determine the actions to be taken, if any, and report in writing the findings and the resolution of the appeal of the complainant. If the complaint was referred to the District Administrator in section B(1), the appeal shall be to the School Board as outlined in section B(3) below.

     

     

    AR 411.1 - Student Harassment / Bullying Report Procedures

     

    3.             If the complainant is dissatisfied with the decision of the District Administrator, he/she may appeal the decision in writing to the School Board. The School Board shall hear the appeal at its next regular meeting or a special meeting may be called for the purpose of hearing the appeal. Copies of the School Board’s written disposition of the appeal shall be mailed or delivered to the complainant and the District Administrator within fifteen (15) school days of the meeting at which the appeal was heard.

     

    4.             A complainant who is dissatisfied with the School Board’s decision may appeal the decision, in writing, to the State Superintendent of Public Instruction.

     

    5.             Copies of the written complaint and any written documentation related to the complaint shall be provided to the District Administrator.

     

    C.           Other Procedures

     

    1.             Complaints relating to the identification, evaluation, educational placement or the provision of free appropriate public education of a child with exceptional educational needs shall be processed in accordance with established appeal procedures outlined in the District’s Special Education Handbook.

    2.             The procedures provided in this rule are not the exclusive remedies for harassment or bullying. Legal remedies available under Federal, state and local law may be pursued concurrently with the District procedures available hereunder.

    3.             The district shall maintain the confidentiality of the report and any related pupil records to the extent required by law.

    4.             Pupil services staff may provide support and guidance for all impacted individuals. 

    5.             Records will be maintained on the number and types of reports made, and resolutions for incidents found to be in violation of this policy.

    6.             An annual summary report shall be shared with the School Board, which includes trends in bullying behavior and recommendations on how to further reduce bullying behavior.

     

     

                   Legal Ref.:     Sections 111.31-111.397; 118.01(2)(d)8; 118.13; 118.164; 118.195; 118.20;

                                        118.46; 120.13(1); 947.0125; 947.013; 948.51, Wisconsin Statutes

                                        PI 9 and PI 41 of the Wisconsin Administrative Code

                                        Equal Protection Clause of the Fourteenth Amendment

                                        Titles VI and VII - Civil Rights Act of 1964 as Amended

                                        Title IX - Education Amendment of 1972

                                        Sec. 504 - Rehabilitation Act of 1973

                                        Age Discrimination Act of 1975

                                        Immigration Reform and Control Act of 1986

                                        Americans with Disabilities Act of 1990

                                        Civil Rights Act 1991

                                        Individual with Disabilities Education Act

                                        Genetic Information Nondiscrimination Act of 2008 (GINA)

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