ST. CROIX PREPARATORY ACADEMY

BULLYING PROHIBITION POLICY

Policy #514

I.         PURPOSE

A safe and civil environment is needed for students to learn and attain high academic standards and to promote healthy human relationships.  Bullying, like other violent or disruptive behavior, is conduct that interferes with a student’s ability to learn and/or a teacher’s ability to educate students in a safe environment.  St. Croix Preparatory Academy (herein after “SCPA”) cannot monitor the activities of students at all times and eliminate all incidents of bullying between students, particularly when students are not under the direct supervision of school personnel.  To the extent, however, such conduct affects the educational environment of SCPA and the rights and welfare of its students and is within the control of SCPA in its normal operations, the school district intends to prevent bullying and to take action to investigate, respond, remediate, and discipline those acts of bullying which have not been successfully prevented.  The purpose of this policy is to assist SCPA in its goal of preventing and responding to acts of bullying, intimidation, violence, reprisal, retaliation, and other similar disruptive and detrimental behavior.

II.        GENERAL STATEMENT OF POLICY

1. An act of bullying, by either an individual student or a group of students, is expressly prohibited on school premises,

1. on the school premises, at the school functions or activities, on the school transportation;

2. by the use of electronic technology and communications on the school premises, during the school functions or activities, on the school transportation, or on the school computers, networks, forums, and mailing lists; or

3. by use of electronic technology and communications off the school premises to the extent such use substantially and materially disrupts student learning or the school environment.

B.        A school-aged child who voluntarily participates in a public school activity, such as a cocurricular or extracurricular activity, is subject to the policy provisions applicable to the public school students participating in the activity.

3. This policy applies not only to students who directly engage in an act of bullying but also to students who, by their indirect behavior, condone or support another student’s act of bullying.   This policy also applies to any student whose conduct at any time or in any place constitutes bullying or other prohibited conduct that interferes with or obstructs the mission or operations of SCPA or the safety or welfare of the student or other students, or 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.  This policy also applies to an act of cyberbullying regardless of whether such act is committed on or off SCPA property and/or with or without the use of SCPA resources. This policy also applies to sexual exploitation.

4. Malicious and sadistic conduct involving race, color, creed, national origin, sex, age, marital status, status with regard to public assistance, disability, religion, sexual harassment, and sexual orientation and gender identity as defined in Minnesota Statutes, chapter 363A is prohibited. This prohibition applies to students, independent contractors, teachers, administrators, and other school personnel.

Malicious and sadistic conduct and sexual exploitation by a school district or school staff member, independent contractor, or enrolled student against a staff member, independent contractor, or student that occurs as described in Article II.A above is prohibited.

E.      No teacher, administrator, volunteer, contractor, or other employee of SCPA shall permit, condone, or tolerate bullying.

F.       Apparent permission or consent by a student being bullied does not lessen or negate the prohibitions contained in this policy.

G.      Retaliation against a victim, good faith reporter, or a witness of bullying is prohibited.

H.      False accusations or reports of bullying against another student are prohibited.

I.         A student who engages in an act of bullying, reprisal, retaliation, or knowingly makes a false report of bullying or permits, condones, or tolerates bullying shall be subject to discipline or other remedial responses for that act in accordance with SCPA’s policies and procedures, including SCPA’s discipline policy. A teacher, administrator, volunteer, contractor, or other employee of SCPA who permits, condones, or tolerates bullying or engages in an act of reprisal, retaliation, or knowingly makes a false report of bullying shall be subject to disciplinary action. SCPA may take into account the following factors:

1.        The developmental ages and maturity levels of the parties involved;

2.        The levels of harm, surrounding circumstances, and nature of the behavior;

3.        Past incidences or past or continuing patterns of behavior;

4.        The relationship between the parties involved; and

5.        The context in which the alleged incidents occurred.

Consequences for students who commit prohibited acts of bullying or other prohibited conduct may range from remedial responses or positive behavioral interventions up to suspension and/or expulsion.  

SCPA shall employ developmentally appropriate, preventative, and remedial measures in an effort to deter violations of this policy.

Consequences for employees who permit, condone, or tolerate bullying or engage in an act of reprisal or intentional false reporting of bullying may result in disciplinary action up to and including termination or discharge.

Consequences for other individuals engaging in prohibited acts of bullying may include, but not be limited to, exclusion from SCPA property and events.

J.        SCPA will act to investigate all complaints of bullying reported to SCPA and will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, or other employee of SCPA who is found to have violated this policy.

III.      DEFINITIONS

For purposes of this policy, the definitions included in this section apply.

A.       “Bullying” means intimidating, threatening, abusive, or harmful conduct that is objectively offensive and:

1.        an actual or perceived imbalance of power exists between the student engaging in the prohibited conduct and the target of the prohibited conduct, 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.

The term, “bullying,” specifically includes cyberbullying, malicious and sadistic conduct, and sexual exploitation.  

B.    “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 website or forum, transmitted through a computer, cell phone, or other electronic device.  The term applies to prohibited conduct which occurs on school premises, on SCPA property, at school functions or activities, on school transportation, or on school computers, networks, forums, and mailing lists, or off school premises to the extent that it substantially and materially disrupts student learning or the school environment.

C.       “Immediately” means as soon as possible but in no event longer than 24 hours.

D.      “Intimidating, threatening, abusive, or harming conduct” means, but is not limited to, conduct that does the following:

1.       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;

2.    Under Minnesota common law, violates a student’s reasonable expectation of privacy, defames a student, or constitutes intentional infliction of emotional distress against a student; or

                        3.        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 the Minnesota Human Rights Act (MHRA).  However, prohibited conduct need not be based on any particular characteristic defined in this paragraph or the MHRA.

E.   ”Malicious and sadistic conduct” means creating a hostile learning environment by acting with the intent to cause harm by intentionally injuring another without cause or reason or engaging in extreme or excessive cruelty or delighting in cruelty.

6. “On school premises, on SCPA property, at school functions or activities, or on school transportation” means all SCPA buildings, school grounds, and school property or property immediately adjacent to school grounds, school bus stops, school buses, school vehicles, school contracted vehicles, or any other vehicles approved for SCPA purposes, the area of entrance or departure from school grounds, premises, or events, and all school-related functions, school-sponsored activities, events, or trips.  SCPA property also may mean a student’s walking route to or from school for purposes of attending school or school-related functions, activities, or events.  While prohibiting bullying at these locations and events, SCPA does not represent that it will provide supervision or assume liability at these locations and events.

            G.        “Prohibited conduct” means bullying, cyberbullying, malicious and sadistic conduct, sexual exploitation, or retaliation or reprisal for asserting, alleging, reporting, or providing information about such conduct or knowingly making a false report about prohibited conduct.

H.        “Remedial response” means a measure to stop and correct prohibited conduct, prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of a student who is the target or victim of prohibited conduct.

I.        “Student” means a student enrolled in SCPA.

IV.       REPORTING PROCEDURE

A.      Any person who believes he or she has been the target or victim of bullying or any person with knowledge or belief of conduct that may constitute bullying or prohibited conduct under this policy shall report the alleged acts immediately to an appropriate SCPA official designated by this policy.  A person may report bullying anonymously.  However, SCPA may not rely solely on an anonymous report to determine discipline or other remedial responses.

B.         SCPA encourages the reporting party or complainant to use the report form available from the principal or building supervisor of each building or available in the school district office, but oral reports shall be considered complaints as well.

C.      The building principal, the principal’s designee, or the building supervisor (hereinafter the “building report taker”) is the person responsible for receiving reports of bullying or other prohibited conduct at the building level.  Any person may report bullying or other prohibited conduct directly to a SCPA human rights officer or the Executive Director.  If the complaint involves the building report taker, the complaint shall be made or filed directly with the Executive Director or the SCPA human rights officer by the reporting party or complainant.

The building report taker shall ensure that this policy and its procedures, practices, consequences, and sanctions are fairly and fully implemented and shall serve as the primary contact on policy and procedural matters.  The building report taker or a third party designated by SCPA shall be responsible for the investigation.  The building report taker shall provide information about available community resources to the target or victim of the bullying or other prohibited conduct, the perpetrator, and other affected individuals as appropriate.

D.    A teacher, school administrator, volunteer, contractor, or other school employee shall be particularly alert to possible situations, circumstances, or events that might include bullying.  Any such person who witnesses, observes, receives a report of, or has other knowledge or belief of conduct that may constitute bullying or other prohibited conduct shall make reasonable efforts to address and resolve the bullying or prohibited conduct and shall inform the building report taker immediately. SCPA personnel who fail to inform the building report taker of conduct that may constitute bullying or other prohibited conduct or who fail to make reasonable efforts to address and resolve the bullying or prohibited conduct in a timely manner may be subject to disciplinary action.

E.      Reports of bullying or other prohibited conduct are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law.  The building report taker, in conjunction with the responsible authority, shall be responsible for keeping and regulating access to any report of bullying and the record of any resulting investigation.

F.         Submission of a good faith complaint or report of bullying or other prohibited conduct will not affect the complainant’s or reporter’s future employment, grades, work assignments, or educational or work environment.

G.             SCPA 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 school district’s obligation to investigate, take appropriate action, and comply with any legal disclosure obligations.

V.         SCPA ACTION

A.       Within three school days of the receipt of a complaint or report of bullying or other prohibited conduct, SCPA shall undertake or authorize an investigation by the building report taker or a third party designated by SCPA.

B.     The building report taker or other appropriate SCPA officials may take immediate steps, at their discretion, to protect the target or victim of the bullying or other prohibited conduct, the complainant, the reporter, and students or others, pending completion of an investigation of the bullying or other prohibited conduct, consistent with applicable law.

C.      The alleged perpetrator of the bullying or other prohibited conduct shall be allowed the opportunity to present a defense during the investigation or prior to the imposition of discipline or other remedial responses.

D.      Upon completion of an investigation that determines that bullying or other prohibited conduct has occurred, SCPA will take appropriate action.  Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination, or discharge.   Disciplinary consequences will be sufficiently severe to try to deter violations and to appropriately discipline prohibited conduct.  Remedial responses to the bullying or other prohibited conduct shall be tailored to the particular incident and nature of the conduct and shall take into account the factors specified in Section II.F. of this policy.  Action taken by SCPA for violation of this policy will be consistent with the requirements of applicable collective bargaining agreements; applicable statutory authority, including the Minnesota Pupil Fair Dismissal Act; the student discipline policy and other applicable SCPA policies; and applicable regulations.

E.       SCPA is not authorized to disclose to a victim private educational or personnel data regarding an alleged perpetrator who is a student or employee of SCPA.  School officials will notify the parent(s) or guardian(s) of students who are targets of bullying or other prohibited conduct and the parent(s) or guardian(s) of alleged perpetrators of bullying or other prohibited conduct who have been involved in a reported and confirmed bullying incident of the remedial or disciplinary action taken, to the extent permitted by law.

F.     In order to prevent or respond to bullying or other prohibited conduct committed by or directed against a child with a disability, SCPA shall, when determined appropriate by the child’s individualized education program (IEP) team 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 bullying or other prohibited conduct.

VI.       RETALIATION OR REPRISAL

SCPA will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, or other employee of SCPA who commits an act of reprisal or who retaliates against any person who asserts, alleges, or makes a good faith report of alleged bullying or prohibited conduct, who provides information about bullying or prohibited conduct, who testifies, assists, or participates in an investigation of alleged bullying or prohibited conduct, or who testifies, assists, or participates in a proceeding or hearing relating to such bullying or prohibited conduct.  Retaliation includes, but is not limited to, any form of intimidation, reprisal, harassment, or intentional disparate treatment.   Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline the individual(s) who engaged in the prohibited conduct.  Remedial responses to the prohibited conduct shall be tailored to the particular incident and nature of the conduct and shall take into account the factors specified in Section II.F. of this policy.

VII.     TRAINING AND EDUCATION

A.            SCPA shall discuss this policy with school personnel and volunteers and provide appropriate training to SCPA personnel regarding this policy.  SCPA shall establish a training cycle for school personnel to occur during a period not to exceed every three school years.  Newly employed school personnel must receive the training within the first year of their employment with the SCPA.  SCPA or a school administrator may accelerate the training cycle or provide additional training based on a particular need or circumstance.  This policy shall be included in employee handbooks, training materials, and publications on school rules, procedures, and standards of conduct, which materials shall also be used to publicize this policy.

B.      SCPA shall require ongoing professional development, consistent with Minn. Stat. § 122A.60, to build the skills of all school personnel who regularly interact with students to identify, prevent, and appropriately address bullying and other prohibited conduct.  Such professional development includes, but is not limited to, the following:

1.    Developmentally appropriate strategies both to prevent and to immediately and effectively intervene to stop prohibited conduct;

2.        The complex dynamics affecting a perpetrator, target, and witnesses to prohibited conduct;

3.        Research on prohibited conduct, including specific categories of students at risk for perpetrating or being the target or victim of bullying or other prohibited conduct in school;

4.        The incidence and nature of cyberbullying; and

5.        Internet safety and cyberbullying.

C.        SCPA annually will provide education and information to students regarding bullying, including information regarding this school district policy prohibiting bullying, the harmful effects of bullying, and other applicable initiatives to prevent bullying and other prohibited conduct.

D.      The administration of SCPA is directed to implement programs and other initiatives to prevent bullying, to respond to bullying in a manner that does not stigmatize the target or victim, and to make resources or referrals to resources available to targets or victims of bullying.

E.     The administration is encouraged to provide developmentally appropriate instruction and is directed to review programmatic instruction to determine if adjustments are necessary to help students identify and prevent or reduce bullying and other prohibited conduct, to value diversity in school and society, to develop and improve students’ knowledge and skills for solving problems, managing conflict, engaging in civil discourse, and recognizing, responding to, and reporting bullying or other prohibited conduct, and to make effective prevention and intervention programs available to students.

The administration must establish strategies for creating a positive school climate and use evidence-based social-emotional learning to prevent and reduce discrimination and other improper conduct.

F.     SCPA may implement violence prevention and character development education programs to prevent or reduce policy violations.  Such programs may offer instruction on character education including, but not limited to, character qualities such as attentiveness, truthfulness, respect for authority, diligence, gratefulness, self-discipline, patience, forgiveness, respect for others, peacemaking, and resourcefulness.

G.       Affected students and their parents may have rights under state and federal data practices laws to obtain access to data related to an incident and to contest the accuracy or completeness of the data.

VIII.    NOTICE

1. SCPA will give annual notice of this policy to students, parents or guardians, and staff, and this policy shall appear in the student handbook.

2. This policy must be conspicuously posted in the   administrative offices of the school and the office of each school.

3. This policy must be distributed to each school employee and independent contractor at the time of hiring or contracting.

4. Notice of the rights and responsibilities of students and their parents under this policy must be included in the student discipline policy distributed to parents at the beginning of each school year.

5. This policy shall be available to all parents and other school community members in an electronic format in the language appearing on SCPA’s website.

6. Each school must develop a process for discussing this policy with students, parents of students, independent contractors, and school employees.

7. SCPA shall provide an electronic copy of its most recently amended policy to the Commissioner of Education.

IX.       POLICY REVIEW

To the extent practicable, the SCPA Board shall, on a cycle consistent with other SCPA policies, review and revise this policy.  The policy shall be made consistent with Minn. Stat. § 121A.031 and 121A.0312 and other applicable law.  Revisions shall be made in consultation with students, parents, and community organizations.

Legal References:    Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

Minn. Stat. § 121A.031 (School Student Bullying Policy)

Minn. Stat. § 121A.0312 (Malicious and Sadistic Conduct)

Minn. Stat. § 121A.0311 (Notice of the Rights and Responsibilities of Students and Parents under the Safe and Supportive Minnesota Schools Act)

Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)

Minn. Stat. § 121A.69 (Hazing Policy)

Minn. Stat. Ch. 124E (Charter Schools)

Minn. Stat. Ch. 363A (Minnesota Human Rights Act)

20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy Act)

34 C.F.R. §§ 99.1 - 99.67 (Family Educational Rights and Privacy)

DOCUMENT # 514.Revision.a

ADOPTED BY THE BOARD:

REVISED BY THE BOARD: 08/15/2023

EFFECTIVE DATE: 08/15/2023