280.28 - HARASSMENT AND BULLYING PROHIBITED -- POLICY -- IMMUNITY.
280.28 HARASSMENT AND BULLYING PROHIBITED -- POLICY
-- IMMUNITY.
1. Purpose -- findings -- policy. The state of Iowa is
committed to providing all students with a safe and civil school
environment in which all members of the school community are treated
with dignity and respect. The general assembly finds that a safe and
civil school environment is necessary for students to learn and
achieve at high academic levels. Harassing and bullying behavior can
seriously disrupt the ability of school employees to maintain a safe
and civil environment, and the ability of students to learn and
succeed. Therefore, it is the policy of the state of Iowa that
school employees, volunteers, and students in Iowa schools shall not
engage in harassing or bullying behavior.
2. Definitions. For purposes of this section, unless the
context otherwise requires:
a. "Electronic" means any communication involving the
transmission of information by wire, radio, optical cable,
electromagnetic, or other similar means. "Electronic" includes
but is not limited to communication via electronic mail,
internet-based communications, pager service, cell phones, and
electronic text messaging.
b. "Harassment" and "bullying" shall be construed to mean
any electronic, written, verbal, or physical act or conduct toward a
student which is based on any actual or perceived trait or
characteristic of the student and which creates an objectively
hostile school environment that meets one or more of the following
conditions:
(1) Places the student in reasonable fear of harm to the
student's person or property.
(2) Has a substantially detrimental effect on the student's
physical or mental health.
(3) Has the effect of substantially interfering with a student's
academic performance.
(4) Has the effect of substantially interfering with the
student's ability to participate in or benefit from the services,
activities, or privileges provided by a school.
c. "Trait or characteristic of the student" includes but is
not limited to age, color, creed, national origin, race, religion,
marital status, sex, sexual orientation, gender identity, physical
attributes, physical or mental ability or disability, ancestry,
political party preference, political belief, socioeconomic status,
or familial status.
d. "Volunteer" means an individual who has regular,
significant contact with students.
3. Policy. On or before September 1, 2007, the board of
directors of a school district and the authorities in charge of each
accredited nonpublic school shall adopt a policy declaring harassment
and bullying in schools, on school property, and at any school
function, or school-sponsored activity regardless of its location, in
a manner consistent with this section, as against state and school
policy. The board and the authorities shall make a copy of the
policy available to all school employees, volunteers, students, and
parents or guardians and shall take all appropriate steps to bring
the policy against harassment and bullying and the responsibilities
set forth in the policy to the attention of school employees,
volunteers, students, and parents or guardians. Each policy shall,
at a minimum, include all of the following components:
a. A statement declaring harassment and bullying to be
against state and school policy. The statement shall include but not
be limited to the following provisions:
(1) School employees, volunteers, and students in school, on
school property, or at any school function or school-sponsored
activity shall not engage in harassing and bullying behavior.
(2) School employees, volunteers, and students shall not engage
in reprisal, retaliation, or false accusation against a victim,
witness, or an individual who has reliable information about such an
act of harassment or bullying.
b. A definition of harassment and bullying as set forth in
this section.
c. A description of the type of behavior expected from school
employees, volunteers, parents or guardians, and students relative to
prevention measures, reporting, and investigation of harassment or
bullying.
d. The consequences and appropriate remedial action for a
person who violates the antiharassment and antibullying policy.
e. A procedure for reporting an act of harassment or
bullying, including the identification by job title of the school
official responsible for ensuring that the policy is implemented, and
the identification of the person or persons responsible for receiving
reports of harassment or bullying.
f. A procedure for the prompt investigation of complaints,
either identifying the school superintendent or the superintendent's
designee as the individual responsible for conducting the
investigation, including a statement that investigators will consider
the totality of circumstances presented in determining whether
conduct objectively constitutes harassment or bullying under this
section.
g. A statement of the manner in which the policy will be
publicized.
4. Programs encouraged. The board of directors of a school
district and the authorities in charge of each accredited nonpublic
school are encouraged to establish programs designed to eliminate
harassment and bullying in schools. To the extent that funds are
available for these purposes, school districts and accredited
nonpublic schools shall do the following:
a. Provide training on antiharassment and antibullying
policies to school employees and volunteers who have significant
contact with students.
b. Develop a process to provide school employees, volunteers,
and students with the skills and knowledge to help reduce incidents
of harassment and bullying.
5. Immunity. A school employee, volunteer, or student, or a
student's parent or guardian who promptly, reasonably, and in good
faith reports an incident of harassment or bullying, in compliance
with the procedures in the policy adopted pursuant to this section,
to the appropriate school official designated by the school district
or accredited nonpublic school, shall be immune from civil or
criminal liability relating to such report and to participation in
any administrative or judicial proceeding resulting from or relating
to the report.
6. Collection requirement. The board of directors of a
school district and the authorities in charge of each nonpublic
school shall develop and maintain a system to collect harassment and
bullying incidence data.
7. Integration of policy and reporting. The board of
directors of a school district and the authorities in charge of each
nonpublic school shall integrate its antiharassment and antibullying
policy into the comprehensive school improvement plan required under
section 256.7, subsection 21, and shall report data collected under
subsection 6, as specified by the department, to the local community.
8. Existing remedies not affected. This section shall not be
construed to preclude a victim from seeking administrative or legal
remedies under any applicable provision of law. Section History: Recent Form
2007 Acts, ch 9, §2