Macon County Schools

ANTI-HARRASSMENT AND BULLYING POLICY:

Jamari Terrell Williams Act

Statement of Purpose: The Macon County Board of Education is committed to protecting its students from harassment, violence, threats of violence and intimidation. The Board believes that all students are entitled to a safe, harassment free school experience in which students can realize their maximum potential and engage fully in the learning process. Conduct that constitutes harassment, violence, threats of violence or intimidation, as defined herein, is prohibited. The Macon County Board of Education will take appropriate action to prevent, correct, and where warranted, discipline behavior that violates this policy. Students who believe they have been harassed, or have knowledge of the harassment of another student, are encouraged to report the problem, verbally and/or in writing, to the principal, counselor, district administrator, Superintendent, or other faculty member. This policy shall be interpreted and applied consistently with all applicable state and federal laws. In 2018, the schools, student harassment, Student Harassment Prevention Act referenced here, was amended by the Alabama legislature and the name of the act was changed to the Jamari Terrell Williams Act and expanded include harassment of a student by another student, intimidation, violence, and threats of violence off of school property, cyberbullying, Secs. 16-28B-1 to 16-28B-5, inclusive, and the same reporting forms and procedures are still in effect.

Expected Behavior-Students are expected to treat each other with courtesy, respect, and dignity, and to comply with Board policies. Students are to refrain from conduct that may humiliate, ridicule, defame, demean, or intimidate other students, or place them in fear of being subjected to violence, injury, harm to his or her person, or damage to his or her property. All students are entitled to be treated civilly.

Prohibited Conduct-No student shall be subjected to harassment, violence, threats of violence, or intimidation, by employees, students or third parties, on school property, on a school bus, while waiting for or departing from a school bus, or at a school- sponsored function or event. Any student who violates this policy will be subject to appropriate disciplinary action which may include any sanction, penalty or consequence that is available to school officials under the Student Code of Conduct. Any employee who violates this policy shall be subject to appropriate disciplinary action in accord with Board policy and state and federal law. This may include, but is not limited to, oral or written reprimand, reassignment, demotion, suspension and or termination. Third parties who violate this policy will be dealt with on a case-by-case basis by the school system administration. Violence, threats of violence, harassment and intimidation are prohibited and will be subject to disciplinary consequences and sanctions if the perpetrator of such action is found to have acted based on one or more of the following personal characteristics of the victim of such conduct: race; color; gender; religion; national origin; disability; age; ethnicity; genetic information; pregnancy, childbirth or related medical condition; socio economic status; family background; linguistic preference; sexual orientation; marital status; political beliefs; or physical appearance.

Definitions

A. “Harassment” means a continuous pattern of intentional behavior that takes place on school property, on a school bus, or at a school sponsored function, including but not limited to, written, electronic, verbal, or physical acts that are reasonably perceived as being motivated by any characteristic of a student, or by the association of a student with an individual who has a particular characteristic, if the characteristic falls into one of the categories of personal characteristics set forth in this policy. To constitute harassment, a pattern of behavior may do any of the following:

1. Place a student in reasonable fear of harm to his or her person or damage to his or her property;

2. Have the effect of substantially interfering with the educational performance, opportunities, or benefits of a student;

3. Have the effect of substantially disrupting or interfering with the orderly operation of the school

4. Have the effect of creating a hostile environment in the school, on school property, on a school bus, or at a school-sponsored function; or,

5. Have the effect of being sufficiently severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive educational environment for a student.

B. “Violence” means the infliction of physical force by a student with the intent to cause injury to another student or damage to the property of another student.

C. “Threat of Violence” means an expression of intention to inflict injury to another student or damage to the property of another student with the apparent ability to carry out that threat

D. “Intimidation” means a threat or other action that is intended to cause fear or apprehension in a student, especially for the purpose of coercing or deterring the student from participating or taking advantage of any school program, benefit, activity or opportunity for which the student is or would be eligible.

Reporting, Investigating and Resolving Complaints of Harassment-Individuals who believe they are being harassed, or have knowledge of the harassment of another, are encouraged to report the problem, verbally or in writing, to the building principal, school counselor, or other faculty member immediately. Delays in reporting make it more difficult to investigate the incident fairly and adequately and may contribute to the repetition of the behavior. Complainants are encouraged to submit a written and signed complaint; however, all complaints will be investigated thoroughly, whether verbal or in writing and regardless of how much time has passed between the date of the alleged incident and the complaint.

Anonymous reports may not be the sole basis for imposing formal disciplinary action against a student. When an individual believes their complaint cannot be effectively communicated with a faculty member at the local school level, they may report directly to the Principal or Superintendent. A complaint form will be made available in both the principal’s and counselor’s office at each local school as well as in the office of the Superintendent. The complaint form may be served in person or by mail. It is the sole responsibility of the effected student, or the parent or guardian of the effected student, to report incidences of harassment. Some forms of harassment may also constitute criminal conduct resulting in criminal penalties. Any faculty member to whom an incident of harassment is reported must forward that complaint to the School Principal. Complaints will be investigated by the principal or his/her designee. Customarily, district personnel will refer the initial investigation to the building principal unless the incident was initially reported to the district or Superintendent due to the complainant’s belief that their complaint could not be effectively communicated with a faculty member at the local school level. An outside investigator may be contracted if the circumstances of the case warrant the need of such services. As part of the investigation, interviews/conferences will be arranged with the complainant, the alleged offender, any other witnesses identified by either party, and any other appropriate persons identified through the course of the investigation. The investigator will conduct whatever inquiry they deem necessary and will afford the accused an opportunity to respond to the allegations. Every reasonable effort shall be made to maintain the confidentiality and protect the privacy of all parties, consistent with the Board’s obligation to conduct a thorough and effective investigation. Those directing investigations will make a record of the case, including a record of their findings and recommendation for any sanctions imposed or corrective action to be taken to prevent a recurrence of the incident. Both the complainant and the alleged offender will be notified whether the investigation resulted in a finding of bullying; however, that information will be treated by both parties as confidential and private and will be shared within the school system on a “need to know” basis. If the investigation establishes a violation appropriate disciplinary sanction will be imposed on the offending individual(s). The complaint form developed to report violations of this policy will also include a provision for reporting a threat of suicide by a student. If a threat of suicide is reported to the principal, counselor, or the principal’s designee, they will inform the student’s parent or guardian of the report as soon as reasonably possible. Additionally, the student that is the subject of the report will be immediately referred to the counselor’s office and contact MUST be made with a mental health agency.

Consequences of Violation-Any student who violates this policy will be subject to appropriate disciplinary action which may include any sanction, penalty or consequence that is available to school officials under the Student Code of Conduct. In determining the appropriate disciplinary action consideration will be given to the record of the incident as a whole and to the totality of the circumstances, including the age, maturity level, and prior disciplinary history of the alleged offender. If circumstances warrant, the school system, in its discretion, may report violations of this policy to the appropriate police department, the sheriff department, or juvenile court. Punishment shall conform with applicable federal and state laws as well as school discipline policies as set forth in the Student Code of Conduct. Any Board employee who violates this policy shall be subject to appropriate disciplinary action in accord with Board Policy and state and federal law. This may include, but is not limited to, oral or written reprimand, reassignment, demotion, suspension and/or termination. Third parties who violate this policy will be dealt with on a case-by-case basis by district administration. Other measures, reasonably calculated to prevent a recurrence of the violation(s) may also be imposed by the school system.

Prohibition of Retaliation - The Macon County Board of Education encourages students, faculty, and staff to express freely, responsibly, and in an orderly way opinions and feelings about any problem or complaint of harassment. Retaliation against persons who oppose or complain about harassment is strictly prohibited. Retaliation is any action that has the effect of punishing a person for engaging in legally protected activity, such as alleging harassment, making a harassment complaint, or assisting in a harassment investigation. Examples of retaliatory actions include harassment, intimidation, threats, coercion, or action that would dissuade a reasonable person from filing a harassment complaint or participating in a harassment investigation. Students and employees are protected against retaliation for his or her opposition to harassment as long as they have a reasonable and “good faith” belief that the complained of conduct constitutes harassment, even if it turns out the complainant was mistaken as to the legality of the conduct. It is a violation of the Macon County Board of Education policy to retaliate against the complainant(s), respondent(s), witnesses, or others involved in the review of such complaints. Any student, staff or faculty member who retaliates against another student in violation of the district’s harassment policy is subject to disciplinary action. However, it is expected that this policy shall not be used to bring frivolous or malicious complaints against students, faculty, or others. If a complaint has been made in bad faith, as demonstrated by clear and convincing evidence, disciplinary action may be taken against the person bringing the complaint. Persons who believe they have been retaliated against in violation of this policy should report the incident(s) to their principal or school counselor. If the person believes for any reason, they cannot effectively communicate their concern through the building principal or counselor they can address the matter directly with the Director of Student Services or the Superintendent. Complaints of retaliation will be immediately investigated using the same procedure established for the investigation of harassment complaints.

Promulgation of Policy and Related Procedures, Rules and Forms - This policy and any procedures, rules, and forms developed and approved to implement the policy will be published, disseminated, and made available to students, parents and legal guardians and employees by publication on the Macon County Board of Education’s website and inclusion in the Board policy manual and the Student Code of Conduct. Copies of the Student Code of Conduct will be provided to each student at the beginning of each school year and from time to time as amended. Copies of both the Student Code of Conduct and the Board Policy and Procedure Manual will be available in the principal’s office and library of each local school, and the Superintendent’s office.