Golden Valley Charter School

Bullying Prevention Policy and Complaint Process

Golden Valley Charter School Bullying Prevention Policy and Complaint Process

 

Golden Valley Charter School prohibits discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, immigration status, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics. This policy applies to all acts related to school activity or school attendance under the jurisdiction of the charter school regardless of location, through school-owned technology, or through other electronic means. 

 

Bullying is described as an intentional conduct, including verbal, physical, written communication or cyber-bullying, including cyber sexual bullying. See Definitions below for additional specifics.

 

To the extent possible, GVCS will make reasonable efforts to prevent students from being bullied and will take action to investigate, respond, address and report on such behaviors in a timely manner. GVCS personnel are to take immediate action to intervene, when safe to do so, if he or she witnesses an act of bullying. GVCS will make available to certificated and all other school site employees who have regular interaction with students the CDE’s Online Bullying Training Module.

 

Moreover, GVCS will not condone or tolerate misconduct prohibited by this policy by any employee, independent contractor or other person with which GVCS does business, or any other individual, student, or volunteer. This policy applies to all employee, student, or volunteer actions and relationships, regardless of position or gender. GVCS will promptly and thoroughly investigate any complaint of such misconduct prohibited by this policy and take appropriate corrective action, if warranted.

 

Complaint Process

Reporting

All staff are expected to provide appropriate supervision to enforce standards of conduct and, if they observe or become aware of misconduct prohibited by this policy, to intervene as soon as it is safe to do so, call for assistance, and report such incidents. 

 

Any employee or student who believes they have been subject to misconduct prohibited by this policy or has witnessed such prohibited misconduct is encouraged to immediately report such misconduct to the charter school administration.

 

While submission of a written report is not required, the reporting party is encouraged to submit a written report to the charter school administration. Oral reports shall also be considered official reports. Reports may be made anonymously, but formal disciplinary action cannot be based solely on an anonymous report.

 

Students are expected to report all incidents of misconduct prohibited by this policy or other verbal, or physical abuses. Any student who feels she/he is a target of such behavior should immediately contact a teacher, school administrator, a staff person, or a family member so that she/he can get assistance in resolving the issue in a manner that is consistent with this policy.

 

GVCS acknowledges and respects every individual’s right to privacy. All reports shall be investigated in a manner that protects the confidentiality of the parties and the integrity of the process. This includes keeping the identity of the reporter confidential, as appropriate, except to the extent necessary to carry out the investigation and/or to resolve the issue, as determined by the administrator on a case-by-case basis.

 

GVCS prohibits any form of retaliation against any reporter in the reporting process, including but not limited to a reporter’s filing of a complaint or the reporting of instances of misconduct prohibited by this policy. Such participation shall not in any way affect the status, grades, or work assignments of the reporter.

 

Investigation

Upon receipt of a report of misconduct prohibited by this policy from a student, staff member, parent, volunteer, visitor or affiliate of GVCS, the charter school administrator will promptly initiate an investigation. In most cases, a thorough investigation will take no more than seven (7) school days. If the charter school administrator determines that an investigation will take longer than seven (7) school days, she/he will inform the complainant and any other relevant parties and provide an approximate date when the investigation will be complete.

 

At the conclusion of the investigation, the charter school administrator will meet with the complainant and, to the extent possible with respect to confidentiality laws, provide the complainant with information about the investigation, including any actions necessary to resolve the incident/situation. However, in no case may the charter school administrator reveal confidential information related to other students or employees, including the type and extent of discipline issued against such students or employees.

 

All records related to any investigation of complaints under this policy are maintained in a secure location.

 

Consequences

Students or employees who engage in misconduct prohibited by this policy will be subject to disciplinary action.

 

Uniform Complaint Procedures

When harassment or bullying is based upon one of the protected characteristics set forth in this policy, a complainant may also fill out a Uniform Complaint Procedures (UCP) complaint form at any time during the process, consistent with the procedures laid out in the GVCS Uniform Complaint Policy.

 

Right of Appeal

Should the reporting individual find the charter school administrator’s resolution unsatisfactory, he/she may follow the GVCS Dispute Resolution Process.

 

Definitions

Bullying is defined as any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act. Bullying includes one or more acts committed by a student group or group of students that may constitute as sexual harassment, hate violence, or creates an intimidating and/or hostile educational environment, directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following:

  1. Placing a reasonable pupil* or pupils in fear of harm to that pupil’s or those pupils’ person or property.
  2. Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.
  3. Causing a reasonable pupil to experience a substantial interference with his or her academic performance.
  4. Causing a reasonable pupil to experience a substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by GVCS.

 

* “Reasonable pupil” is defined as a pupil, including, but not limited to, an exceptional needs pupil, who exercises care, skill and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.

 

Cyberbullying is an electronic act that includes the transmission of harassing communication, direct threats, or other harmful texts, sounds, or images on the Internet, social media, or other technologies using a telephone, computer, or any wireless communication device. Cyberbullying also includes breaking into another person’s electronic account and assuming that person’s identity in order to damage that person’s reputation.

 

Electronic act means the creation and transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:

  1. A message, text, sound, video, or image.
  2. A post on a social network Internet Web site including, but not limited to:
    1. Posting to or creating a burn page. A “burn page” means an Internet Web site created for the purpose of having one or more of the effects as listed in the definition of “bullying,” above
    2. Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in the definition of “bullying,” above. “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated
    3. Creating a false profile for the purpose of having one or more of the effects listed in the definition of “bullying,” above. “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
  3. An act of “Cyber sexual bullying” including, but not limited to:
    1. The dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in definition of “bullying,” above. A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
    2. “Cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
  4. Notwithstanding the definitions of “bullying” and “electronic act” above, an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.

 

Board Approved: 12/9/19