ELYSIAN CHARTER SCHOOL

BULLYING AND HARASSMENT POLICY

General Statement of Policy

It is the policy of the Elysian Charter School to prohibit the unlawful harassment of students based on race, color, religion, creed, national origin, marital status, sex, sexual orientation, or disability.

            The Elysian Charter School shall address all complaints of harassment according to procedures established by this policy, and shall take appropriate action against any person subject to the jurisdiction of the board who violates this policy. Nothing herein shall be construed to prohibit punishment of a student for conduct which, although it does not rise to the level of harassment as defined herein, otherwise violates one or more of the board’s disciplinary policies or the school’s code of conduct.

Definitions

“School employee” means all teachers, student teachers, support staff, administrators, bus drivers, custodians, cafeteria workers, contractors, and other agents of the school, whether employed by the school district or by a contractor or subcontractor of the school, or acting in a volunteer capacity pursuant to the board’s policy on appointment of volunteers.

"Harassment, intimidation or bullying" means any gesture, [or] any written, verbal or physical act, or any electronic communication that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory handicap, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function or on a school bus and that:

     a.    a reasonable person should know, under the circumstances, will have the effect of harming a student or damaging the student's property, or placing a student in reasonable fear of harm to his person or damage to his property; or

b.      has the effect of insulting or demeaning any student or group of students in such a way as to cause substantial disruption in, or substantial interference with, the orderly operation of the school.

c.       Such conduct includes derogatory remarks, jokes, demeaning comments or behavior, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, stalking, threatening, bullying, or the display or circulation of written materials or pictures when such conduct creates a hostile, offensive or intimidating school environment or substantially undermines and detracts from, or interferes with, the victim’s educational performance or access to the school’s resources and activities.

“Racial or color harassment” means unwelcome verbal, written or physical conduct, directed at a person’s race or color, such as, racial slurs, taunts, or insults when the conduct creates a hostile, offensive or intimidating school environment or substantially undermines and detracts from, interferes with, the victim’s educational performance or access to the school’s resources and activities.

“Sexual harassment” means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

(A) submission to that conduct is made either explicitly or implicitly a term or    

      condition of a student’s educational, academic status or progress; or

(B) submission to or rejection of such conduct by a student is used as a   

      component of the basis for decisions affecting that student; or

(C) the conduct has the effect of substantially undermining and

      detracting from, or interfering with, a student’s educational performance

      or access to the school’s resources and activities, or creating an

      intimidating, hostile or offensive environment.       

Sexual harassment includes unwelcome verbal, or physical conduct of a sexual nature, such as sexual gossip or personal comments of a sexual nature, sexually suggestive language, sexual jokes, comments or anecdotes, offensive touching, pinching or grabbing, or restraining someone’s movement when conduct creates a hostile, offensive or intimidating school environment or substantially undermines and detracts from, or interferes with, the victim’s educational performance or access to the school’s resources and activities.

            “Religious or creed harassment” means unwelcome verbal, written or physical conduct, directed at the characteristics of person’s religion or creed, such as religious slurs, taunts or insults when the conduct creates a hostile, offensive or intimidating school environment or substantially undermines and detracts from, or interferes with, the victim’s educational performance or access to the school’s resources and activities.

            “National origin harassment” means unwelcome verbal, written or physical contact directed at the characteristics of a person’s national origin, such as ethnic slurs, insults or taunts when the conduct creates a hostile, offensive or intimidating school environment or substantially undermines and detracts from, interferes with, the victim’s educational performance or access to the school’s resources and activities.

            “Marital status harassment” means unwelcome verbal, written or physical conduct, directed at the characteristics of a person’s marital status, such as taunts, insults or slurs regarding pregnancy or the status of being an unwed mother or father when the conduct creates a hostile, offensive or intimidating school environment or substantially undermines and detracts from, or interferes with, the victim’s educational performance or access to the school’s resources and activities.

            “Sexual orientation harassment” means unwelcome verbal, written or physical conduct, directed at the characteristics of a person’s sexual orientation, such as ridicule, taunts, insults or slurs when the conduct creates a hostile, offensive or intimidating school environment or substantially undermines and detracts from, interferes with, the victim’s educational performance or access to the school’s resources and activities.

            “Disability harassment” means unwelcome verbal, written or physical conduct, directed at the characteristics of a person’s disabling mental or physical condition, such as intimidation, ridicule or insults based on manner of speech or movement, cognitive ability, receipt of educational services outside the general education environment, or other manifestation of a person’s disability when the conduct creates a hostile, offensive or intimidating school environment or substantially undermines and detracts from, or interferes with, the victim’s educational performance or access to the school’s resources and activities.

"Electronic communication" means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or pager;

Reporting             

            Any student who believes that s/he has been harassed by a person subject to this policy, or who witnesses conduct that s/he believes might constitute harassment, may report the conduct to a person designated under this policy as a complaint officer, or to any other school employee. An employee who witnesses conduct that s/he believes might constitute harassment under this policy shall report the conduct to a complaint officer. A complaint or report may be either orally or in writing.

            Any school employee who witnesses conduct, or otherwise has reasonable cause to believe that conduct which, either as a single incident or if continued or repeated, could constitute harassment shall take action to stop the conduct and to prevent its recurrence. When a student reports such conduct to a school employee, the person whom the conduct is reported shall refer the report to a complaint officer fro informal or formal resolution in accord with the procedures related to this policy. a person to whom conduct has been reported under this policy may consult informally with a complaint officer to determine whether informal resolution should be attempted.

            In the event that the school employee is unable to take the appropriate and prompt action after witnessing or receiving a complaint about conduct that could constitute harassment, the employee must report the incident or complaint to a complaint officer designated by this policy. The following are designated complaint officers:

            Kathryn Stima      (Name)       EEO Officer (Title)

            Carol Stock (Name)                Director (Title)

            If one of the designated complaint officers is the person alleged to be engaged in the conduct complained of, the complaint shall be filed with the other complaint officer.

Procedures

            Informal Procedure

            If possible to resolve a complaint through a conversation between the complainant and the respondent, an informal resolution of the complaint may be attempted by a school employee or designated complaint officer acceptable to the complaint and the subject of the complaint. When informal resolution is attempted, and the complaining student, or the student about whom a complaint is made, is under the age of 18, his/her parent(s) or guardian shall be notified in accord with the school’s disciplinary policies.

            Any complaint against a school employee shall be handled through the formal procedure.

Formal Procedure

            If the complainant chooses not to utilize the informal procedure, the school employee to whom the complaint was brought shall assist the complainant in contacting a designated complaint officer. The formal procedure shall also be initiated when a school employee, either before or after the informal resolution is attempted, other adults responsible under this policy for forwarding complaints to a complaint officer, or a person about whom a complaint has been made, refers the complaint to the complaint officer.

            The Superintendent or his or her designee may develop administrative procedures governing the formal complaint process as long as those procedures are consistent with the following minimum requirements:

(A)   The complaint officer shall complete a harassment complaint form based on the              written or verbal allegations of the complaint. This complaint from shall be maintained by the complaint officer in a locked file, and shall not be revealed to any unauthorized person.

(B)    The complaint shall detail the alleged facts and circumstances of the incident or pattern of behavior.

(C)    If a student under 18 years of age is involved, his/her parents shall be notified by the complaint officer as soon as is practical under the circumstances, but no later than the next day of school.

(D)    The complaint officer shall initiate or cause to be initiated without undo delay, an investigation of the allegations which shall include interviews with the complainant, the accused, and with any other individuals whom may have information bearing on the incident I question.

(E)    Within 3 days of completing the investigation, the complaint officer shall submit a written report to the superintendent. The report shall include a statement of conclusions of the investigator as to whether the allegations have been substantiated, and as to whether the alleged conduct constitutes a violation of this policy.

(F)    In the report, the complaint officer shall consider the surrounding circumstances, the nature of the behavior, past incidents or past continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires consideration of all the facts and surrounding circumstances. Although conduct may be found to be in violation of other standards of student and employee conduct or decorum, harassment will not be reported by the complaint officer when the subject of a complaint is a single incident that is not shown to have substantially interfered with the victim’s educational performance, to have created a hostile, offensive or intimidating environment, to have substantially limited the victim’s access to the school’s resources and opportunities.

(G)    When a complaint officer concludes that a student has engaged in harassment, the superintendent and/or vice principal shall use his or her discretion to initiate disciplinary or other appropriate action in accord with the school’s policies and procedures.

(H)    When a complaint officer concludes that and employee has engaged in harassment against a student, the superintendent and/or vice principal shall use his or her discretion to initiate disciplinary or other action in accord with the school’s policies and procedures, the employee’s contract of employment and applicable state or federal law.

(I)     The superintendent and/or vice principal shall maintain the written report of the investigation in a locked file for at least six years after the report has been completed. When an investigation is conducted by the school district, the superintendent shall be given a copy of the investigation report and results by the vice principal.

(J)     If a claim of harassment against a professional educator is substantiated, a report of the findings shall be forwarded to the New Jersey Department of Education.

(K)    The privacy of the complainant, the individual against whom the complaint is filed, and the witnesses shall be respected as much as possible, consistent with legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations. Subject to any limitations imposed by law, the complainant’s parents if the complainant is under 18 years of age, the person against whom the complaint was made, and his or her parents if he or she is under the age of 18, shall be informed in writing by the complaint officer of the results of the investigation.

Consequences

            The Elysian Charter School shall take the appropriate action, including disciplinary action where warranted, in all cases where the investigating official concludes that this policy has been violated. Any person who is determined to have violated this policy may be subject to action including but not limited to, warning, exclusion, suspension, expulsion, transfer, remediation, termination or discharge. Action taken for violation of this policy shall be consistent with the requirements of any applicable collective bargaining agreements, state and federal law and Elysian Charter School policy.

Retaliation; False Reports

            It shall be a violation of this policy for any person to retaliate against a person who alleges harassment or who testifies, assists or participates in an investigation, proceeding or hearing relating to harassment allegations. Any person may violate this anti-retaliation provision regardless of whether the underlying complaint of harassment is substantiated. Retaliation may take the form of intimidation, reprisal or harassment, and shall be subject to the reporting, investigation, and enforcement procedures set forth in this policy.

A person who knowingly makes a false report of harassment shall be subject to disciplinary action in accord with the school’s discipline policies and procedures.

Notice and Publication

            The board shall provide notice of this harassment policy and procedures to students, custodial parents or guardians and school employees. Notice to students shall be in age-appropriate language and shall include examples of harassment. This policy shall be posted in the school building in areas accessible to students and employees. Notice of this policy shall also appear in the school handbook, and any other publication of the school district or supervisory union that sets forth the comprehensive rules, procedures, and standards for conduct for students and employees. The board shall develop and initiate age-appropriate programs it believes to be appropriate to effectively inform students and school employees about the substance of this policy and procedures in order to help prevent harassment.