Adopted Date: September 8, 2021
In order to provide all students and staff with a safe learning environment where everyone is treated with respect and no one is physically or emotionally harmed, the King-Chavez Board of Directors will not tolerate any student or staff member being bullied (including cyber-bullying) or intimidated in any form at school or school-related events, (including off-campus events, school-sponsored activities, school buses, any event related to school business). King-Chavez further prohibits the inciting, aiding, coercing or directing of others to commit acts of bullying or cyberbullying, harassment or intimidation.
Such acts include those that are reasonably perceived as being motivated either by an actual or perceived attribute that includes but is not limited to race, religion, creed, color, marital status, parental status, veteran status, sex, sexual orientation, gender expression or identity, ancestry, national origin, ethnic group identification, age, mental or physical disability or any other distinguishing characteristic.
Bullying means “any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of electronic act, on or off campus, as defined, including, but not limited to, sexual harassment, hate violence, or harassment, threats, or intimidation, that has the effect or can reasonably be predicted to have the effect of placing a reasonable pupil in fear of harm to that pupil’s or those pupils’ person or property, causing a reasonable pupil to experience a substantial detrimental effect on his or her physical or mental health, causing a reasonable pupil to experience substantial interference with his or her academic performance, or causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities or privileges provided by a school.” (Education Code 48900(r))
Cyberbullying is bullying by means of an “electronic act”. An electronic act is defined as 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:
(a) A message, text, sound, or image.
(b) A post on a social network Internet Web site, including, but not limited to:
(1) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in the first paragraph.
(2) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in the first paragraph. “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 first paragraph. “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.
Parents should be aware of and monitor the Social Media posting and browsing of students. Social Media bullying occupies many different forums including: Internet websites with free registration and ease of registration, internet websites offering peer to peer instant messaging, internet websites offering comment forums or sections, and internet websites offering image or video posting platforms.
Staff and Student Expectations
Any staff member that observes, overhears or otherwise witnesses bullying (including cyberbullying), harassment, or intimidation, or to whom such actions have been reported must take immediate and appropriate action to intervene when safe to do so. Students who observe, overhear, or otherwise witness such actions must report the behaviors to a staff member.
If King-Chavez determines through due process that its policies prohibiting discrimination, harassment, intimidation or bullying have been violated, disciplinary action, up to and including expulsion (for students) or dismissal (for employees) may occur. Remedial actions, which are designed to end the harassment, prevent its recurrence and address its effects on the harassed student, will be provided to the victim.
Training Students, Teachers, and Staff on Anti-Bullying and Anti-Harassment Policy
King-Chavez shall educate students about the negative impact of bullying other students based on their actual or perceived immigration status or their religious beliefs or customs. King-Chavez shall also train teachers, staff, and personnel to ensure that they are aware of their legal duty to take reasonable steps to eliminate a hostile environment and respond to any incidents of harassment based on the actual or perceived characteristics noted above.
Such training should, at minimum, provide agency personnel with the skills to do the following:
- Discuss the varying immigration experiences among members of the student body and school community;
- Discuss bullying-prevention strategies with students, and teach students to recognize the behavior and characteristics of bullying perpetrators and victims;
- Identify the signs of bullying or harassing behavior;
- Take immediate corrective action when bullying is observed; and
- Report incidents to the appropriate authorities, including law enforcement in instances of criminal behavior.
Reports and Complaints
At each school, the principal or principal’s designee is responsible for receiving and promptly investigating complaints alleging violations of this policy. All complaints of discrimination, harassment, intimidation, or bullying will be investigated and resolved within the timeline outlined in the King-Chavez Uniform Complaint Policy. The Uniform Complaint Policy also includes the appeal process for the complainant in case of a disagreement with the resolution of a complaint filed. The Uniform Complaint Form (Spanish translation) may be used but is not required in order to file a complaint.
