Anti-Harassment, Anti-Bullying, and Non-Discrimination Policies

Utah International is committed to an environment in which all students, staff, and volunteers are treated with respect and dignity.  Each individual has the right to work in a professional atmosphere that promotes equal employment and educational opportunities and prohibits discriminatory practices, including harassment, hazing, bullying, and any violence or threat of violence.

Italicized sentences and phrases were added in July 2020.

Definitions

Abusive Conduct: . Verbal, nonverbal or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation or unwarranted distress, results in substantial physical or psychological harm, or exploits an employee’s known physical or psychological disability.  A single act does not constitute abusive conduct, unless it is especially severe or egregious.

Bullying:   Aggressive behavior intended to cause distress and harm, exists in a relationship in which there is an imbalance of power, and is repeated over time.   Bullying can include intentionally or knowingly committing an act that endangers the physical health or safety of a school employee or student, whether the act involves physical brutality, consumption of food or other substances, dangerous physical activity, or physically obstructing an employee or student’s freedom to move, that is done for the purpose of placing an employee or student in fear of physical harm or of harm to the employee or student’s property.  Such conduct constitutes bullying regardless of whether the person against whom it is committed directs, consents, or acquiesces in the conduct.

Civil rights violation:  Bullying, cyberbullying, harassment, or hazing that is targeted at a federally protected class.

Cyberbullying: Using the Internet, a cell phone, or another device to send or post text, video, or images with the intent or knowledge, or with reckless disregard for the possibility, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the person against whom it is committed directs, consents, acquiesces, or voluntarily accesses the electronic communication.

Federally protected class:  Any group protected from discrimination under federal law. These groups include race, color, national origin, sex, disability, religion, gender, and sexual orientation.  Policies against bullying, cyberbullying, harassment and hazing apply to all persons, but there are special reporting requirements for federally protected classes.

Harassment: Repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for the individual.

Sexual harassment involves unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace (including electronically) of sexually suggestive objects or pictures; and other physical, verbal or visual conduct of a sexual nature.  Sex-based harassment, that is, harassment not involving sexual activity or language (e.g., male manager yells only at female employees and not males) as well as actions directed at employees because of their sex may also constitute discrimination if it is severe, pervasive and objectively offensive.

Hazing:  An act of bullying that is done for the purpose of initiation or admission into, affiliation with, holding office in, or as a condition of membership or acceptance, or continued membership or acceptance, in any school or school-sponsored team, organization, program, or event, or if the person committing the act knows that the targeted person is a member of, or candidate for, membership with a school, school sponsored team, organization, program, or event to which the person committing the act belongs to or participates in.  Such conduct constitutes hazing regardless of whether the person against whom it is committed directs, consents, or acquiesces in the conduct.

Retaliation:  Any act of communication intended as retribution against a person for reporting bullying, cyberbullying, harassing, or hazing, or to improperly influence the investigation of, or the response to, a report of bullying or hazing.

Title IX/Section 504 monitoring officer:   The head counselor at Utah International is assigned the responsibility to file sexual harassment, sexual assault, dating violence and domestic complaints. Staff learning of possible sexual harassment are required to bring it promptly to the attention of the head counselor or the principal.  The principal is assigned the responsibility to conduct investigations of incidents of bullying, cyberbullying, harassment, and hazing, and to monitor the school’s compliance with all the policies in this section, including but not limited to those mandated by  Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973.

Utah International Charter School will follow the The Final Rule policies established by the Department of Education, linked here.

Prohibitions

No school employee, vendor, volunteer, student or parent may engage in abusive conduct, bullying, harassing, hazing, or cyberbullying a school employee or student at any time or in any location.

No school employee, vendor, volunteer, or student may engage in violence or threat of violence against any employee, volunteer, or student at any time or in any location.

No school employee, vendor, volunteer, or student may engage in retaliation against a school employee, volunteer, student, investigator for, or witness of, an alleged incident of abusive conduct, bullying, harassing, cyberbullying, hazing, or retaliation against a school employee, volunteer, or student.

No school employee, vendor, volunteer or student may knowingly make a false allegation of  abusive conduct, bullying, cyberbullying, harassment, hazing, or retaliation against a school employee, volunteer, student or parent.

Any bullying, harassing, or hazing that is found to be targeted at a federally protected class is further prohibited under federal anti-discrimination laws and is subject to compliance regulations from the Office for Civil Rights.

Reporting and Investigation

School employees and volunteers are required, and students are strongly encouraged, to report any incident or suspected incident of abusive conduct, bullying, cyberbullying, harassment, or hazing to the head counselor, the Title IX/ Section 504 monitoring officer.  All complaints and reported incidents will be investigated promptly by the principal.

Incidents that may constitute criminal activity will also reported promptly to law enforcement, and those that may constitute child abuse will be reported to Child Protective Services.  Such reporting will be in addition to, not in place of, a thorough investigation and follow-up by school personnel. Incidents that may constitute civil rights violations will be reported promptly to the Office of Civil Rights.

After investigation, Utah International will take appropriate action to end the abusive conduct, bullying, cyberbullying, harassment or hazing, to eliminate any hostile environment, to prevent recurrence, and to prevent retaliation for reporting.

Individuals accused or suspected of abusive conduct, bullying, cyberbullying, harassment, and hazing will have a fair and timely opportunity to explain their actions before consequences are imposed, and procedures for ensuring due process will be followed. Supportive measure will be made to provide an equitable educational environment while the investigation is taking place.

Verified incidents of  abusive conduct, bullying, cyberbullying, harassment, or hazing will result in consequences for the perpetrator(s) which may include, but are not limited to, student suspension or removal from school-sponsored activity, student expulsion, employee suspension or termination for cause, or other appropriate consequences.   Consequences will not be administered when an anonymous report is the only evidence that an incident occurred.

The principal will notify parents or guardians of students involved in verified incidents of abusive conduct, bullying, cyberbullying, harassment, or hazing, and will keep a confidential record of this notification. The Title IX monitoring officer will inform an accused student and their parents when a complaint regarding sexual harassment, sexual assault, dating violence or domestic violence has been made against said student. Notification will be made by telephone or in person, then by email or US mail only if the parent cannot be reached by phone.  Attempts to notify will begin as soon as the incident is verified. In cases of sexual harassment, sexual assault, dating violence and domestic violence, attempts will begin as soon as the complaint has been filed.  If there is a risk of suicide, parents will be notified immediately, regardless of the status of the investigation.

Utah International will provide training to staff, volunteers and students in prevention and appropriate response to bullying, including overt aggression, relational aggression,  sexual aggression, cyberbullying, and civil rights violations at least every other school year.

Utah International will survey students annually to determine the prevalence of bullying and will take appropriate action to improve supervision and intervention in problem areas.

For more information about student civil rights, use this link:

http://www.uen.org/equitytoolkit/parent-student/

The head counselor and Title IX monitoring officer is Lara Rudloff, lrudloff@utahinternational.org, 385 290-1306.

Title IX compliance training materials can be accessed below or will be emailed to you upon request.  Email arowland@utahinternational.org.

K-12 Intro to Title IX Final

K-12 Title IX Scenarios

Title IX Training – Making a Decision

K-12 Title IX Anatomy of a Decision_Final

K-12 Title IX Due Process for Disciplinary Expulsions