Appendix I – Board of Education Policies

501.00 Hazing Prohibition

1. No student, teacher, administrator, volunteer, contractor, other employee of the School District or member of the Board of Education shall plan, direct, encourage, aid or engage in hazing.
2. No teacher, administrator, volunteer, contractor, other employee of the School District or member of the Board of Education shall permit, condone or tolerate hazing.
3. Apparent permission or consent by a person being hazed does not lessen the prohibitions contained in this policy.
4. Prohibition of hazing extends to behavior that occurs on or off school property during and after school hours.
5. A person who engages in an act that violates the district’s prohibition of hazing or any law prohibiting hazing in order to be initiated into or affiliated with a student organization shall be subject to discipline for that act.
6. The School District shall act to investigate all complaints of hazing and will discipline any student, teacher, administrator, volunteer, contractor, other employee of the School District or member of the Board of Education who is found to have violated this policy.

Definitions

1. “Hazing” means committing an act against a student, or coercing a student into committing an act, that creates a substantial risk of harm to a person, in order for the student to be initiated into or affiliated with a student organization, or for any other purpose. The term hazing includes, but is not limited to:
   • a. Any type of physical brutality such as whipping, beating, striking, branding, electronic shocking or placing a harmful substance on the body.
   • b. Any type of physical activity such as sleep deprivation, exposure to weather, confinement in a restricted area, calisthenics or other activity that subjects the students to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
   • c. Any activity involving the consumption of any alcoholic beverage, drug, tobacco product or any other food, liquid, or substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
   • d. Any activity or communication that intimidates or threatens the student with ostracism, that subjects a student to extreme mental stress, embarrassment, shame or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from remaining in school.
   • e. Any activity that causes or requires the student to perform a task that involves violation of state or federal law or of the School District policies or regulations.
2. “Student organization” means a group, club or organization having students as its primary members or participants. It includes grade levels, classes, teams, activities or particular school events. A student organization need not be an official school organization to fall under this definition.

Reporting Procedures

1. Any person who believes he or she has been the victim of hazing or any person with knowledge or belief of conduct that may constitute hazing shall report the alleged acts immediately to an appropriate School District official designated by this policy.
2. The building principal is the person responsible for receiving reports of hazing at the building level. Any person may report hazing directly to the Human Resources Department or to the Office of the Superintendent.
3. Teachers, administrators, volunteers, contractors, other employees of the School District and members of the Board of Education shall be particularly alert to possible situations, circumstances or events which might include hazing. Any such person, who receives a report of, observes, or that that may constitute hazing, shall inform the building principal immediately.
4. Submission of a good-faith complaint or report of hazing will not affect the complainant’s or reporter’s future employment, grades or work assignments.

School District Action

Upon receipt of a complaint or report of hazing, the School District shall undertake or authorize an investigation by the administrator to whom the principal reports or a third party designated by the School District.

The School District may take immediate steps to protect the complainant, reporter, students, or others pending completion of an investigation of hazing. Upon completion of the investigation, the School District will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge. Disciplinary consequences shall be sufficiently severe to deter violations and to appropriately discipline prohibited behavior.

Reprisal

The School District shall discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, other employee of the School District or member of the Board of Education who retaliates against any person who makes a good faith report of alleged hazing or against any person who testifies, assists or participates in an investigation, or against any person who testifies, assists or participates in proceedings or hearing relating to such hazing.

Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

Dissemination of Policy

This policy shall appear in each school’s student handbook and in each school’s building and staff handbooks.

Legal References:

• Minn. Stat. § 121A.69

Cross References:

• Board Policy 506.00 Student Discipline
• Board Policy 415.00 Harassment, Violence and Other Offensive Behavior

Bullying Prohibition

Purpose

A safe and supportive environment is vital for The Journey School (“the District”) to support academic and social success for all of its students. Students attending school in the District are expected to respect themselves, the learning environment, other students, their parents/guardians, families and all staff. Bullying is strictly prohibited in the District. This policy addresses bullying of students; other policies apply to treatment of employees.

In an effort to provide a safe and positive school culture for all of its students for all students, it is the District’s intent to:

• Teach, model, and reinforce positive behavior, and
• Investigate, respond to, remediate, and discipline bullying behavior that has not been successfully prevented.

Definitions

1. “Bullying” means intimidating, threatening, abusive, or harming conduct that is objectively offensive and:
   • (1) there is an actual or perceive imbalance of power between the student engaging in prohibited conduct and the target of the behavior and the conduct is repeated or forms a pattern; OR
   • (2) materially and substantially interferes with a student’s educational opportunities or performance or ability to participate in school functions or activities or receive school benefits, services, or privileges.
2. “Cyberbullying” means bullying using technology or other electronic communication, including but not limited to a transfer of a sign, signal, writing, image, sound, or data, including a post on a social network Internet Web site forum, transmitted through a computer, cell phone, or other electronic device.
3. “Prohibited conduct” means bullying or cyberbullying as defined in this policy or retaliation for asserting, alleging, reporting, or providing information about such conduct or knowingly making a false report about bullying.
4. “Remedial response” means a measure to stop and correct prohibited conduct, prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of the student who is the target of the prohibited conduct.
5. Intimidating, threatening, abusive or harming conduct includes, but is not limited to, conduct that:
   • causes physical harm to a student or a student’s property or causes a student to be in reasonable fear of harm to person or property; violates a student’s reasonable expectation of privacy;
   • defames a student;
   • constitutes intentional infliction of emotional distress against a student; or
   • is directed at any student or students, including those based on a person’s actual or perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex, marital status, familial status, socioeconomic status, physical appearance, sexual orientation, including gender identity and expression, academic status related to student performance, disability, or status with regard to public assistance, age, or any additional characteristic defined in chapter 363A.
   • creates a hostile educational environment for a student, or
   • subjects a student to intimidation, ridicule, embarrassment or social isolation.
6. “Reprisal” means retaliation, intimidation, or any form of intentionally disparate treatment against any person who makes a good faith report of alleged bullying or against any person who testifies, assists, or participates in an investigation, proceeding or hearing relating to such bullying.

Prohibition

1. Bullying or cyberbullying against a student, by either an individual or a group, is prohibited at TJS.
2. Reprisals or retaliation by any student or District employee against any person who in good faith asserts, alleges, or reports prohibited conduct or provides information about such conduct are prohibited.
3. Knowingly making a false report of bullying is prohibited.
4. Prohibited conduct is prohibited:
   • 1. On school property, school district-provided transportation, or at designated locations for students to wait for school district-provided transportation.
   • 2. During any school-sponsored or school-sanctioned program, activity, event or trip.
   • 3. Using school computers, electronic technology, networks, forums, or mailing lists.
   • 4. Using electronic technology off the school premises that materially and substantially disrupts a student’s learning or school environment.
5. This policy applies to individuals who directly engage in an act of bullying, as well as to those individuals who, by their behavior, indirectly support another’s act of bullying.
   • 1. Employees, volunteers, and contractors of the District shall not allow bullying. Any school employee who witnesses prohibited conduct, or possesses reliable information that would lead a reasonable person to suspect that a student is a target of prohibited conduct, must make reasonable efforts to address and resolve the prohibited conduct. This policy also applies to individuals who, by their indirect behavior, support another’s act of bullying.
   • 2. Apparent permission or consent by a student being bullied does not lessen the prohibitions contained in this policy.

Investigations

1. The responsible administrator for implementation of, and questions regarding, this policy in any school building is the building principal, site administrator, or principal’s or site administrator’s designee.
2. Any person who believes he or she has been the victim of bullying or any person with knowledge or belief of conduct, which may constitute bullying, should report the alleged acts immediately, or as soon after the incident as possible.
3. The responsible administrator shall initiate an investigation into all reports of prohibited conduct within three school days of the report.
4. Pending the completion of the investigation, the District shall take immediate steps to protect the target, reporter, students, bystanders, and others as necessary and consistent with applicable law.
5. During the investigation, the individual alleged to have engaged in prohibited conduct will be allowed to present a defense.
6. Complaints and investigations of bullying shall be documented using Form 415.00.1: Report of Discrimination, Harassment, Violence, Bullying and Other Offensive Behavior. The responsible administrator shall maintain all documentation regarding the complaint and investigation in accordance with procedures created by the Director.
7. The investigation shall be conducted in accordance with this policy and the procedures created by the Director.
8. A report of prohibited conduct may be made anonymously.  However, the responsible administrator may not rely solely on an anonymous report to determine discipline.
9. In determining whether a reported incident constitutes bullying, and the appropriate response, the District may take into account all relevant circumstances including, but not limited to, the following factors:
   • 1. The age, maturity, and understanding levels of the parties involved;
   • 2. The levels of harm, surrounding circumstances, and nature of the behavior;
   • 3. Past incidents or past or continuing patterns of behavior;
   • 4. The relationship between the parties involved; and
   • 5. The context in which the alleged incidents occurred.
10. Data collected by the District during an investigation is subject to the Minnesota Government Data Practices Act and the Family Educational Rights and Privacy Act.

Responses

1. When a complaint of prohibited conduct is substantiated, the responsible administration will consider all available remedial responses and take appropriate action and/or intervention in accordance with the Student Behavior Handbook: Rights and Responsibilities and the procedures created by the Director.
2. Where appropriate for a child with a disability to prevent or respond to prohibited conduct, the child’s individualized education program or section 504 plan will address the skills and proficiencies the child needs to respond to or not engage in prohibited conduct.

Publication, Information, and Training

1. This policy will be publicized through: (1) new employee materials; (2) inclusion in the Student Behavior Handbook: Rights and Responsibilities for Students, Parents, Guardians and Staff; (3) posting on the District’s website; (4) provision to each school employee and independent contractor, if a contractor regularly interacts with students, at the time of employment with the District; and (5) conspicuous posting in summary form in administrative offices throughout the District.
2. The District will require ongoing professional development, consistent with the law, to ensure implementation of this policy.
3. The District will provide information about available community resources to the target of prohibited conduct, the actor, and other affected individuals, as appropriate.

Legal References:

Minn. Stat. § 121A.031 (School Student Bullying Policy)
Minn. Stat. § 121A.03 (Model Policy)
Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. § 121A.69 (Hazing Policy)

Cross References:

102.00 Equal Opportunity/Non-Discrimination
415.00 Harassment, Violence and Other Offensive Behavior
501.00 Hazing Prohibition
506.00 Student Discipline
Student Behavior Handbook: Rights and Responsibilities
520.00 Technology Usage and Safety

Discrimination, Harassment, Violence, and Retaliation

Purpose

The Journey School (“the District”) believes in the dignity of its students, staff, and all other District personnel. To that end, the District strives to maintain a learning and working environment that is free from discrimination, harassment or violence on the basis of race, color, national origin, creed, religion, marital status, familial status, sex, sexual or affectional orientation, gender identity and expression, status with respect to public assistance, age, disability, membership or activity in a local commission as defined by Minn. Stat. § 363A.03. The District also strives to maintain a learning and working environment that is free from retaliation. The District will act to investigate all complaints of violations of this policy. In responding to violations of this policy, the District will take appropriate and proportional action to protect all victims, deter similar future behavior, and accomplish the District’s core mission to educate and promote growth.

General Statement of Policy

1. This policy applies to students, teachers, administrators, and all other District personnel.
2. The policy of the District is to maintain a learning and working environment that is free from discrimination, harassment, or violence on the basis of race, color, national origin, creed, religion, marital status, familial status, sex, sexual or affectional orientation, gender identity and expression, status with respect to public assistance, age, disability, membership or activity in a local commission as defined by Minn. Stat. § 363A.03. The District prohibits any form of discrimination, harassment, or violence on the basis of race, color, national origin, creed, religion, marital status, familial status, sex, sexual or affectional orientation, gender identity and expression, status with respect to public assistance, age, disability, membership or activity in a local commission as defined by Minn. Stat. § 363A.03.
3. The policy of the District is to maintain a learning and working environment that is free from retaliation. The District prohibits any form of retaliation.
4. A violation of this policy occurs when any student, teacher, administrator, or other District personnel discriminates against or harasses a student, teacher, administrator, or other District personnel or group of students, teachers, administrators, or other District personnel based on a person’s race, color, national origin, creed, religion, marital status, familial status, sex, sexual or affectional orientation, gender identity and expression, status with respect to public assistance, age, disability, membership or activity in a local commission as defined by Minn. Stat. § 363A.03.
5. A violation of this policy occurs when any student, teacher, administrator, or other District personnel inflicts, threatens to inflict, or attempts to inflict violence upon any student, teacher, administrator, or other District personnel or group of students, teachers, administrators, or other District personnel based on a person’s race, color, national origin, creed, religion, marital status, familial status, sex, sexual or affectional orientation, gender identity and expression, status with respect to public assistance, age, disability, membership or activity in a local commission as defined by Minn. Stat. § 363A.03.
6. A violation of this policy occurs when any student, teacher, administrator, or other District personnel engages in retaliation or threatens retaliation against any person who has or is believed to have (1) reported, asserted, or alleged a violation of this policy or any other policy, law, or regulation; (2) made a good faith report of an alleged violation of this policy or any other policy, law, or regulation; (3) acted as a witness in any investigation of a complaint alleging a violation of this policy or any other policy, law, or regulation; (4) testified, assisted, or participated in any fact-finding investigation, hearing, or proceeding regarding an alleged violation of this policy or any other policy, law, or regulation; and/or (5) assisted in formulating or implementing corrective action in response to a violation of this policy or any other policy, law, or regulation.
7. A violation of this policy occurs when any student, teacher, administrator, or other District personnel intentionally makes a false report of discrimination, harassment, violence, or retaliation.
8. The District will act to investigate all complaints, either formal or informal, verbal or written, of discrimination, harassment, or violence based on a person’s race, color, national origin, creed, religion, marital status, familial status, sex, sexual or affectional orientation, gender identity and expression, status with respect to public assistance, age, disability, membership or activity in a local commission as defined by Minn. Stat. § 363A.03. The District will act to investigate all complaints, either formal or informal, verbal or written, of retaliation. The District will act to discipline or take appropriate action against any student, teacher, administrator, or other District personnel who is found to have violated this policy.

Definitions

1. District personnel, solely for the purposes of this policy, includes Board of Education members, District employees, agents, volunteers, contractors, or persons subject to the supervision and control of the District.
2. Harassment prohibited by this policy consists of physical or verbal conduct, including, but not limited to, electronic communications, relating to an individual’s or group of individuals’ race, color, national origin, creed, religion, marital status, familial status, sex, sexual or affectional orientation, gender identity and expression, status with respect to public assistance, age, disability, membership or activity in a local commission as defined by Minn. Stat. § 363A.03 when the conduct:
   • 1. has the purpose or effect of creating an intimidating, hostile, or offensive working or academic environment;
   • 2. has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or
   • 3. otherwise adversely affects an individual’s employment or academic opportunities.
3. Immediately means as soon as possible but in no event longer than 1 business day. A business day is defined by the federal government calendar, and not by the District school calendar.
4. Protected Classifications; Definitions
   • 1. “Disability” means any condition or characteristic that renders a person a disabled person. A disabled person is any person who:
     • a. has a physical, sensory, or mental impairment which materially limits one or more major life activities;
     • b. has a record of such an impairment; or
     • c. is regarded as having such an impairment.
   • 2. “Familial status” means the condition of one or more minors being domiciled with:
     • a. their parent or parents or the minor’s legal guardian; or
     • b. the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian. The protections afforded against harassment on the basis of family status apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority.
   • 3. “Gender” means the socially constructed roles, behaviors, activities, and attributes that a given society attaches to femininity or masculinity.
   • 4. “Gender Expression” means the manner in which persons represent or express gender to others, often through behavior, clothing, hairstyles, activities, voice, or mannerisms.
   • 5. “Gender Identity” means a person’s deeply held sense or knowledge of their own gender.
   • 6. “Marital status” means whether a person is single, married, remarried, divorced, separated, or a surviving spouse and, in employment cases, includes protection against harassment on the basis of the identity, situation, actions, or beliefs of a spouse or former spouse.
   • 7. “National origin” means the place of birth of an individual or of any of the individual’s lineal ancestors.
   • 8. “Race” is inclusive of traits associated with race, including but not limited to hair texture and hair styles such as braids, locs, and twists.
   • 9. “Sex” refers to a person’s biology and is generally categorized as male, female, or intersex. “Sex” includes, but is not limited to, pregnancy, childbirth, and disabilities related to pregnancy or childbirth.
   • 10.“Sexual orientation” means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with one’s biological maleness or femaleness. “Sexual orientation” does not include a physical or sexual attachment to children by an adult.
   • 11.“Status with regard to public assistance” means the condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements.
5. Remedial response means a measure to stop and correct acts of discrimination, harassment, violence, or retaliation, prevent acts of discrimination, harassment, violence, or retaliation from recurring, and protect, support, and intervene on behalf of a student or employee who is the target or victim of acts of discrimination, harassment, violence, or retaliation.
6. Sexual Harassment; Definition
   • 1. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
     • a. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment or an education; or
     • b. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment or education; or
     • c. that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or education, or creating an intimidating, hostile, or offensive employment or educational environment.
   • 2. Sexual harassment may include, but is not limited to:
     • a. unwelcome verbal harassment or abuse;
     • b. unwelcome pressure for sexual activity;
     • c. unwelcome, sexually motivated, or inappropriate patting, pinching, or physical contact, other than necessary restraint of student(s) by teachers, administrators, or other District personnel to avoid physical harm to persons or property;
     • d. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual’s employment or educational status;
     • e. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt promises of preferential treatment with regard to an individual’s employment or educational status; or
     • f. unwelcome behavior or words directed at an individual because of sexual orientation, including gender identity or expression.
7. Sexual Violence; Definition
   • 1. Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another’s intimate parts or forcing a person to touch any person’s intimate parts. Intimate parts, as defined in Minn. Stat. § 609.341, includes the primary genital area, groin, inner thigh, buttocks, or breast, as well as the clothing covering these areas.
   • 2. Sexual violence may include, but is not limited to:
     • a. touching, patting, grabbing, or pinching another person’s intimate parts, whether that person is of the same sex or the opposite sex;
     • b. coercing, forcing, or attempting to coerce or force the touching of anyone’s intimate parts;
     • c. coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another; or
     • d. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.
8. Responsible Administrator
   • 1. In a school building, the Responsible Administrator is the principal or the principal’s designee.
   • 2. In a District building or department in which there is no principal, the Responsible Administrator is the supervisor of that building or department or that supervisor’s designee.
9. Materially Adverse Action
   Any action that causes or threatens to cause significant injury or harm to a reporter, complainant or other covered person such that it would likely dissuade a reasonable student or District personnel from making or supporting a good-faith report of an alleged violation of this policy. Adverse action does not include an action, including employment or academic action, that would have been taken regardless of the good-faith report of misconduct.
   
10. District Human Rights Officer
    • 1. The District Human Rights Officer is the Director of Equal Employment Opportunity.
    • 2. The Board of Education hereby designates the Director of Equal Opportunity as the District Human Rights Officer to receive reports or complaints of discrimination, harassment, violence, or retaliation prohibited by this policy.
    • 3. In the event the position of the Director of Equal Employment Opportunity is vacant, the interim District Human Rights Officer is the individual designated by the superintendent.

Reporting Procedures

1. Any person who believes that such person has been the target or victim of discrimination, harassment, violence, or retaliation in violation of this policy by a student, teacher, administrator, or other District personnel, or any person with knowledge or belief of conduct which may constitute discrimination, harassment, violence, or retaliation prohibited by this policy toward a student, teacher, administrator, or other District personnel or group of students, teachers, administrators, or other District personnel must report the alleged acts immediately to an appropriate District official designated by this policy. A person may report conduct which may constitute discrimination, harassment, violence, or retaliation anonymously. The District, however, may not rely solely on an anonymous report to determine discipline or other remedial responses.
2. The District encourages the reporting party or complainant to use the 415.00.1 Form, but oral reports shall be considered complaints as well. All oral reports, however, must be promptly reduced to writing on the 415.00.1 Form by the Responsible Administrator.
3. Nothing in this policy shall prevent any person from reporting discrimination, harassment, violence, or retaliation directly to the District Human Rights Officer or to the superintendent. If the complaint involves the Responsible Administrator, the complaint shall be made or filed directly with the superintendent or the District Human Rights Officer by the reporting party or complainant.
4. At the building or department level, the Responsible Administrator is the person responsible for receiving oral or written reports of discrimination, harassment, violence, or retaliation prohibited by this policy. Any adult District personnel who receives a report of discrimination, harassment, violence, or retaliation prohibited by this policy shall inform the Responsible Administrator immediately, unless the complaint involves allegations against the Responsible Administrator. If the complaint involves allegations against the Responsible Administrator, the complaint shall be made or filed directly with the superintendent or the District Human Rights Officer immediately. The Responsible Administrator and the District Human Rights Officer shall ensure that this policy and its procedures, practices, consequences, and sanctions are fairly and fully implemented.
5. A teacher, school administrator, volunteer, contractor, or other school employee shall be particularly alert to possible situations, circumstances, or events that might include acts of discrimination, harassment, violence, or retaliation. Any such person who witnesses, observes, receives a report of, or has other knowledge or belief of conduct that may constitute discrimination, harassment, violence, or retaliation shall make reasonable efforts to address and resolve the discrimination, harassment, violence, or retaliation and shall inform the Responsible Administrator immediately, unless such person knows or has reason to believe that the Responsible Administrator has engaged in the conduct prohibited by this policy. In such cases, the report should be made directly to the superintendent or District Human Rights Officer immediately. District personnel who fail to inform the Responsible Administrator of conduct that may constitute discrimination, harassment, violence, or retaliation or who fail to make reasonable efforts to address and resolve the discrimination, harassment, violence, or retaliation in a timely manner may be subject to disciplinary action.
6. Upon receipt of a report, the Responsible Administrator must notify the District Human Rights Officer immediately, before screening or investigating the report. The Responsible Administrator may request, but may not insist upon, a written complaint. A written statement of the facts alleged will be forwarded immediately by the Responsible Administrator to the District Human Rights Officer. If the report was given verbally, the Responsible Administrator shall personally reduce it to written form within one (1) business day. Failure to forward any report or complaint of discrimination, harassment, violence, or retaliation as provided herein may result in disciplinary action against the Responsible Administrator.
7. If a complaint of conduct prohibited by this policy involves allegations against the District Human Rights Officer, the complaint shall be immediately filed directly with the superintendent. If a complaint of conduct prohibited by this policy involves allegations against the superintendent, the report may be filed directly with the Board of Education.
8. The District shall conspicuously post the name of the District Human Rights Officer, including mailing addresses and telephone number.
9. Submission of a good faith complaint or report of discrimination, harassment, violence, or retaliation prohibited by this policy will not affect the complainant or reporter’s future employment, grades, work assignments, or educational or work environment.
10. Use of formal reporting forms is not mandatory.
11. Reports of discrimination, harassment, violence, or retaliation prohibited by this policy are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law.
12. The District will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the District’s legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations.
13. Retaliation against a victim, good faith reporter, a witness of discrimination, violence, harassment, or retaliation, or an individual involved in formulating or implementing corrective action is prohibited.
14. False accusations or reports of discrimination, harassment, violence, or retaliation against another person are prohibited.
15. A person who engages in an act of discrimination, harassment, violence, retaliation, or false reporting of discrimination, harassment, violence, or retaliation, or permits, condones, or tolerates discrimination, harassment, violence, or retaliation shall be subject to discipline or other remedial responses for that act in accordance with the District’s policies and procedures.

Investigation

1. By authority of the District, the Responsible Administrator, within three (3) business days of the receipt of a report or complaint alleging discrimination, harassment, violence, or retaliation prohibited by this policy, shall undertake or authorize an investigation. The investigation may be conducted by District officials or by a third party designated by the District.
2. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents or electronic files and/or videos deemed pertinent by the investigator.
3. In determining whether alleged conduct constitutes a violation of this policy, the District should consider the surrounding circumstances, the nature of the behavior, past incidents or past or 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 a determination based on the facts and surrounding circumstances using a preponderance of the evidence standard.
4. In addition, the District may take immediate steps, at its discretion, to protect the target or victim, the complainant, and students, teachers, administrators, or other District personnel pending completion of an investigation of alleged discrimination, harassment, violence, or retaliation prohibited by this policy.
5. The investigation will be completed within 30 business days from receipt of the complaint, unless it is impracticable to complete the investigation within this timeframe. The person completing the investigation shall document the investigation and its conclusion on the Form 415.00.1. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. Upon completion of the investigation, the Responsible Administrator shall ensure that the Form 415.00.1 and any other report of the investigation are submitted to both the District Human Rights Officer and to the following individual:
6. For an investigation involving allegations against a student, to the area assistant superintendent; or
7. For an investigation involving allegations against District personnel, to the Executive Director of Human Resources or the Executive Director’s designee.

District Corrective Action

1. The District will take corrective action for any violation of this policy. Such corrective action will be consistent with the law and regulations, District policies, and any relevant collective bargaining agreements. 
2. Corrective action will be sufficiently severe to try to deter violations and to appropriately discipline prohibited behavior.
   • 1. Corrective action for students who commit, or are a party to, prohibited acts of discrimination, violence, harassment, or retaliation, or who engage in intentional false reporting of discrimination, harassment, violence, or retaliation may include, but are not limited to, remedial responses, positive behavioral interventions, interventions and restorative practices or responses, warnings, transfer, suspension, and/or expulsion.
   • 2. Corrective action for employees who permit, condone, or tolerate discrimination, harassment, violence, or retaliation, or who engage in intentional false reporting of discrimination, harassment, violence, or retaliation may include, but is not limited to, remedial responses and/or disciplinary action up to and including termination or discharge.
   • 3. Corrective action for other individuals engaging in prohibited acts of discrimination, harassment, violence, or retaliation, or who engage in intentional false reporting of discrimination, harassment, violence, or retaliation may include, but not be limited to, exclusion from District property and events and/or termination of services and/or contracts.
3. The District may also discipline any student, employee, or other personnel of the District for derogatory statements or conduct based on the characteristics identified in Section I of this policy, which do not constitute illegal discrimination, harassment, violence, or retaliation but nonetheless are inappropriate.
4. The District is not authorized to disclose to a victim private educational or personnel data regarding an alleged perpetrator who is a student or employee of the District, except as permitted by law.
5. In order to prevent or respond to acts of discrimination, harassment, violence, or retaliation committed by or directed against a child with a disability, the District shall, where determined appropriate by the child’s individualized education program (“IEP”) or Section 504 team, allow the child’s IEP or Section 504 plan to be drafted to address the skills and proficiencies the child needs as a result of the child’s disability to allow the child to respond to or not to engage in acts of discrimination, harassment, violence, or retaliation.

Retaliation

1. The District unequivocally prohibits retaliation, and will discipline or take other appropriate corrective action, against any person to whom this policy applies that engages in retaliation or threatens retaliation against any person who has or is believed to have:
   • 1. Reported, asserted, or alleged a violation of this policy or any other policy, law, or regulation;
   • 2. Made a good faith report of an alleged violation of this policy or any other policy, law, or regulation;
   • 3. Acted as a witness in any investigation of a complaint alleging a violation of this policy or any other policy, law, or regulation;
   • 4. Testified, assisted, or participated in any fact-finding or investigation, hearing, or proceeding regarding an alleged violation of this policy or any other policy, law, or regulation; and/or
   • 5. Assisted in formulating or implementing corrective action in response to a violation of this policy or any other policy, law, or regulation.
2. Retaliation includes, but is not limited to, any form of intimidation, reprisal, harassment, or intentional disparate treatment. Retaliation also means any materially adverse action or credible threat of a materially adverse action by the District, or any employee thereof, taken against any employee or student for having made a good-faith report of District misconduct. Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline the individual(s) who engaged in the retaliation.

Dissemination of Policy and Training

1. This policy shall be conspicuously posted throughout each District building in areas accessible to students and District personnel.
2. This policy shall be given to each District employee and independent contractor that regularly interacts with students at the time of initial employment with the District.
3. The policy shall appear in the Rights and Responsibilities Handbook.
4. The District shall develop a method of discussing this policy with students and employees.

Legal References:        

Minn. Stat. § 120B.232 (Character Development Education)
Minn. Stat. § 120B.234 (Child Sexual Abuse Prevention Education)
Minn. Stat. § 121A.03, Subd. 2 (Sexual, Religious, and Racial Harassment and Violence Policy)
Minn. Stat. § 121A.031 (School Student Bullying Policy)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
Minn. Stat. § 609.341 (Definitions)
Minn. Stat. § 626.556 et seq. (Reporting of Maltreatment of Minors)
20 U.S.C. §§ 1681-1688 (Title IX of the Education Amendments of 1972)
29 U.S.C. § 621 et seq. (Age Discrimination in Employment Act)
29 U.S.C. § 794 (Rehabilitation Act of 1973, § 504)
42 U.S.C. § 1983 (Civil Action for Deprivation of Rights)
42 U.S.C. § 2000d et seq. (Title VI of the Civil Rights Act of 1964)
42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act)
42 U.S.C. § 12101 et seq. (Americans with Disabilities Act)

Cross References:       

Policy 101.00: Racial Equity
Policy 102.00: Equal Opportunity/Non-Discrimination
Policy 401.00: Equal Employment Opportunity
Policy 500.00: Gender Inclusion
Policy 501.00: Hazing Prohibition
Policy 505.00: Bullying Prohibition
Policy 506.00: Student Discipline
Policy 506.02: Student Discipline: Expulsion & Exclusion
Policy 506.03: Student Discipline: Suspension
Policy 520.00: Technology Usage & Safety
Policy 609.00: Religion