Butte School District

THE BOARD OF TRUSTEES

5015

Bullying/Harassment/Intimidation

The Board will strive to provide a positive and productive working environment. Bullying, harassment, intimidation between employees or by third parties, is strictly prohibited and shall not be tolerated. This includes bullying, harassment, or intimidation via electronic communication devices (“cyberbullying”).

Definitions

1. The term “Third parties” includes, but is not limited to coaches, school volunteers, parents, school visitors, service contractors or others engaged in District business, such as employees of businesses or organizations participating in cooperative work programs with the District, and others not directly subject to District control at inter-district and intra-District athletic competitions or other school events.
2. “District” includes District facilities, District premises, and non-District property if the employee is at any District-sponsored, District-approved, or District-related activity or function, such as field trips or athletic events, where the employee is engaged in District business.
3. “Harassment, intimidation, or bullying” means any inappropriate act that substantially interferes with an employee’s opportunities or work performance, that takes place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation, or anywhere conduct may reasonably be considered to be a threat or an attempted intimidation of a staff member or an interference with school purposes or an educational function, that has the effect of:
   1. Physically harming an employee or damaging an employee’s property;
   2. Knowingly placing an employee in reasonable fear of physical harm to the employee or damage to the employee’s property; or
   3. Creating a hostile working environment.
4. “Electronic communication device” means any mode of electronic communication, including but not limited to computers, cell phones, PDAs, or the internet.

 

Reporting

All written complaints about behavior that may violate this policy shall be promptly investigated. Any employee or third party who has knowledge of conduct in violation of this policy or feels he/she has been a victim of harassment, intimidation, or bullying in violation of this policy is responsible to immediately report his/her concerns to the building principal or the District Administrator, who have overall responsibility for such investigations. Complaints against the building principal shall be filed with the Superintendent. Complaints against the Superintendent or District Administrator shall be filed with the Board, via written communication to the Board Chair.

The complainant shall be notified of the findings of the investigation and, as appropriate, that remedial action has been taken. Given the privacy rights of all involved, the report is likely to consist of notification that the matter has been investigated and appropriately resolved.

Responsibilities

The District Superintendent shall be responsible for ensuring that notice of this policy is provided to staff and third parties and for the development of administrative regulations, including reporting and investigative procedures, as needed.

When an employee has actual knowledge or believed that behavior in violation of this policy is sexual harassment, the employee must contact the Title IX Coordinator.  The Title IX sexual harassment grievance process will then be followed.

Consequences

Staff whose behavior is found to be in violation of this policy will be subject to discipline up to and including termination of employment. Third parties whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the District Administrator or the Board. Individuals violating this policy if appropriate, may be referred to law enforcement officials.

Retaliation and Reprisal

Retaliation is prohibited against any person who reports a violation, files a complaint, or otherwise participates in an investigation or inquiry. Such retaliation shall be considered a serious violation of Board policy if substantiated. False charges shall also be regarded as a serious offense and could result in disciplinary action or other appropriate sanctions.

Legal Reference:
10.55.701(1)(g), ARM Board of Trustees
10.55.801(1)(d), ARM School Climate

Policy History:
Adopted on: 01/19/2010
Reviewed on:
Revised on: 02/22/2022