Space
Space
Left

ONSLOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 1 of 5

PROHIBITION AGAINST DISCRIMINATION, BULLYING

AND HARASSMENT Policy Code: 1710/4021/7230

The board believes that all employees and students should be free of unlawful discrimination,

bullying, and harassment, as a part of a safe, orderly and inviting working and learning environment.

The board commits itself to nondiscrimination in all its educational and employment activities. The

board expressly prohibits unlawful discrimination, bullying, or harassment, including on the basis of

race, color, national origin, sex, pregnancy, religion, age or disability. The board also prohibits

retaliation against an employee or student who has exercised any rights made available through state

or federal law. Any violation of this policy is considered a serious violation and appropriate action

will be taken in response to a violation.

 

A. PROHIBITED BEHAVIORS AND CONSEQUENCES

1. Discrimination, Harassment and Bullying

Students, school system employees, volunteers and visitors are expected to behave in

a civil and respectful manner. The board expressly prohibits unlawful discrimination,

harassment and bullying.

Students are expected to comply with the behavior standards established by board

policy and the student code of conduct. Employees are expected to comply with

board policy and school system regulations. Volunteers and visitors on school

property also are expected to comply with board policy and established school rules

and procedures.

Any violation of this policy is serious, and school officials shall promptly take

appropriate action. Students will be disciplined in accordance with the school's

student behavior management plan (see policy 4302, School Plan for Management of

Student Behavior). Based on the nature and severity of the offense and the

circumstances surrounding the incident, the student will be subject to appropriate

consequences and remedial actions ranging from positive behavioral interventions up

to, and including, expulsion.

Employees who violate this policy will be subject to disciplinary action, up to, and

including, dismissal. Volunteers and visitors who violate this policy will be directed

to leave school property and/or reported to law enforcement, as appropriate, in

accordance with policy 5020, Visitors to the Schools.

When considering if a response beyond the individual level is appropriate, school

administrators should consider the nature and severity of the misconduct to determine

whether a classroom, school-wide or school system-wide response is necessary. Such

classroom, school-wide or school system-wide responses may include staff training,

harassment and bullying prevention programs and other measures deemed

appropriate by the superintendent to address the behavior.

Policy Code:

1710/4021/7230

 

ONLSOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 2 of 5

2. Retaliation

The board prohibits reprisal or retaliation against any person for reporting or

intending to report violations of this policy, supporting someone for reporting or

intending to report a violation of this policy or participating in the investigation of

reported violations of this policy.

 

B. APPLICATION OF POLICY

All persons, agencies, vendors, contractors and other persons and organizations doing

business with or performing services for the school district must comply with all applicable

federal and state laws and regulations regarding nondiscrimination, bullying, and harassment.

Visitors also are expected to comply with applicable laws, including the prohibition against

these behaviors.

This policy applies to behavior that takes place:

1. in any school building or on any school premises before, during or after school hours;

2. on any bus or other vehicle as part of any school activity;

3. at any bus stop;

4. during any school-sponsored activity or extracurricular activity;

5. at any time or place when the individual is subject to the authority of school

personnel; and

6. at any time or place when the behavior has a direct and immediate effect on

maintaining order and discipline in the schools.

 

C. DEFINITIONS

For purposes of this policy, the following definitions apply:

1. Discrimination

Discrimination means any act or failure to act that unreasonably and unfavorably

differentiates treatment of others based solely on their membership in a socially

distinct group or category, such as race, ethnicity, sex, pregnancy, religion, age or

disability. Discrimination may be intentional or unintentional.

2. Harassment and Bullying

a. Harassment or bullying behavior is any pattern of gestures or written,

electronic or verbal communications, or any physical act or any threatening

communication that:

(1) places a student or school employee in actual and reasonable fear of

harm to his or her person or damage to his or her property; or

Policy Code:

1710/4021/7230

 

ONLSOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 3 of 5

(2) creates or is certain to create a hostile environment by substantially

interfering with or impairing a student's educational performance,

opportunities or benefits.

"Hostile environment" means that the victim subjectively views the conduct

as harassment or bullying and that the conduct is objectively severe or

pervasive enough that a reasonable person would agree that it is harassment

or bullying. A hostile environment may be created through pervasive or

persistent misbehavior or a single incident, if sufficiently severe.

Harassment and bullying include, but are not limited to, behavior described

above that is reasonably perceived as being motivated by any actual or

perceived differentiating characteristic or motivated by an individual's

association with a person who has or is perceived to have a differentiating

characteristic, such as race, color, religion, ancestry, national origin, gender,

socioeconomic status, academic status, gender identity, physical appearance,

sexual orientation, or mental, physical, developmental or sensory disability.

Legitimate age-appropriate pedagogical techniques are not considered

harassment or bullying.

Harassment may occur between fellow students or co-workers, between

supervisors and subordinates, between employees and students, or between

non-employees, including visitors, and employees or students.

 

D. REPORTING AND INVESTIGATING COMPLAINT PROCEDURES

 1. Students, Parents, Volunteers, and/or Visitors

Students, parents, volunteers, and/or visitors are encouraged to submit any

complaints of discrimination or harassment, other than sexual harassment, through

the grievance procedure established in policy 1740/4010, Student and Parent

Grievance Procedure. The complaint procedure for sexual harassment is established

in policy 1745/4027, Sexual harassment Complaint Procedure for Students.

2. Employees

Employees are encouraged to submit any complaints of discrimination or harassment,

other than sexual harassment, through the grievance procedure established in policy

1750/7220, Grievance Procedure for Employees. The complaint procedure for sexual

harassment is established in policy 1736/4026/7236, Sexual Harassment.

Reports may be made anonymously and all reports shall be investigated in accordance with

said policy.

 

E. TRAINING AND PROGRAMS

 The superintendent/designee shall establish training programs that are designed to help

Policy Code:

1710/4021/7230

 

ONLSOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 4 of 5

eliminate unlawful discrimination, harassment and bullying and to foster an environment of

understanding and respect for all members of the school community. Information about this

policy and the related complaint procedure must be included in the training plan.

Additional programs for students, employees and volunteers who have significant contact

with students should be created to address these issues. The training or programs should (1)

provide examples of behavior that constitutes discrimination, harassment or bullying; (2)

teach employees to identify groups that may be the target of discrimination, harassment or

bullying; and (3) train school employees to be alert to locations where such behavior may

occur, including locations within school buildings, at school bus stops, and on cell phones

and the Internet.

 

F. NOTICE

 The superintendent or designee is responsible for providing effective notice to students,

parents and employees of the procedures for reporting and investigating complaints of

discrimination, harassment and bullying. This policy will be posted on the school system

website, and made readily available in the principal's office and the superintendent's office.

Notice of this policy will appear in student and employee handbooks that set forth the

comprehensive rules, procedures and standards of conduct for students and employees.

 

G. COORDINATORS

The superintendent or designee will publish the names, addresses and phone numbers of the

"Title IX coordinator" (for sex discrimination), "Section 504 coordinator" and the "ADA

coordinator" (for discrimination on the basis of disability) in a manner intended to ensure

that employees, applicants, students, parents and other individuals who participate in the

school district's program are aware of the coordinators. The purpose of the coordinator

positions is to provide additional protection of nondiscrimination rights. The coordinator

must (1) investigate any complaints alleging non-compliance (2) implement a resolution to

discrimination complaint, to the extent a resolution can be reached and the coordinator has

the authority to implement corrective action or (3) notify the superintendent or designee that

intervention by other officials is required to resolve the situation.

 

H. RECORDS AND REPORTING

The superintendent or designee shall maintain confidential records of complaints or reports

of discrimination which identify the names of any individuals accused of discrimination and

the resolution of such reports or complaints. The superintendent or designee also shall

maintain records of training, corrective action or other steps taken by the district to help

provide an environment free of discrimination and harassment.

The superintendent shall report to the State Board of Education all verified cases of

discrimination, harassment or bullying. The report must be made through the Discipline

Policy Code:

1710/4021/7230

 

ONLSOW COUNTY BOARD OF EDUCATION POLICY MANUAL Page 5 of 5

Data Collection Report or through other means required by the State Board.

Legal References: Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq.;

Americans With Disabilities Act, 42 U.S.C. 12101 et seq., 28 C.F.R. pt., 35: Rehabilitation Act of

1973, 29 U.S.C. 705(20), 794, 34 C.F.R. pt. 104; Title VI of the Civil Rights Act of 1964, 42 U.S.C.

2000d et seq., 34 C.F.R. pt. 100; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.,

29 C.F.R. pt. 1604; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., 34

C.F.R. pt. 106; Racial Incidents and Harassment Against Students at Educational Institutions;, U.S. Department of Education, Office for Civil Rights (1994); Revised, U.S. Department of Education, Office for Civil Rights (2001); Oncale v. SundownerG.S. 115C-335.5, 407.9 through -407.12; 126-16; State

Investigative Guidance

Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or

Third Parties

Offshore Services, 523 U.S. 75 (1998);

Board Policy HRS-A-007

Cross References: Student and Parent Grievance Procedure (policy 1740/4010), Sexual Harassment

Complaint Procedure for Students (policy 1745/4027), Grievance Procedure for Employees (policy

1750/7220), Sexual Harassment (policy 1736/4026/7236) Nondiscrimination on the Basis of

Disabilities (1730/4022/7231), Prohibition Against Retaliation (1760/7280), School Plan for

Management of Student Behavior (policy 4302), Career Employees: Demotion and Dismissal (policy

7930).

Adopted: June 28, 2000

Revised: April 8, 2008

Revised legal reference administratively: October 1, 2009

Revised: December 8, 2009

Right