Bullying and Harassment
P.K. Yonge is committed to providing an educational setting and workplace that is safe, secure, and free from bullying and harassment for all students and employees.
Prohibited Conduct
P.K. Yonge will not tolerate bullying or harassment of any type. Conduct that constitutes bullying and harassment, as defined herein, is prohibited:
- during any education program or activity conducted by the school;
- during any school-related or school-sponsored program or activity or in a school vehicle
- through the use of data or computer software that is accessed through a computer, computer system, or computer network within the scope of the school or
- through the use of data or computer software that is accessed at a non-school-related location, activity, function, or program or through the use of technology or an electronic device that is not owned, leased, or used by the school, if the bullying substantially interferes with or limits the victim’s ability to participate in or benefit from the services, activities, or opportunities offered by the school or substantially disrupts the education process or orderly operation of the school.
Pursuant to State law, students, parents, teachers, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies shall be involved in the review of this policy. After the revised policy has been adopted, it shall be submitted to the Florida Department of Education not later than September 30th. This review process shall be conducted not less than every three (3) years thereafter.
Comprehensive Plan
The principal shall develop a comprehensive plan intended to prevent bullying and harassment and to cultivate the school climate so as to appropriately identify, report, investigate, and respond to situations of bullying and harassment as they may occur on school grounds, at school-sponsored events, and through school computer networks. Implementation of the plan by the principal will be ongoing throughout the school year and will be integrated with the school curriculum, the bullying and prevention program, school disciplinary policies, and violence prevention efforts.
Definitions
“Bullying” includes “cyberbullying” and means systematically and chronically inflicting physical hurt or psychological distress on one (1) or more students or employees. It is defined as any unwanted and repeated written, verbal, or physical behavior, including any threatening, insulting, or dehumanizing gesture, by an adult or student, that is severe or pervasive enough to create an intimidating, hostile, or offensive educational environment; cause discomfort or humiliation; or unreasonably interfere with the individual’s school performance or participation; and may involve:
- teasing
- social exclusion
- threats
- intimidation
- stalking
- cyberstalking
- physical violence
- theft
- sexual, religious, or racial harassment
- public or private humiliation
- damage to or destruction of property
“Harassment” means any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal or physical conduct directed against a student or school employee that:
- places a student or school employee in reasonable fear of harm to his/her person or damage to his/her property
- has the effect of substantially interfering with a student’s educational performance, opportunities or benefits
- has the effect of substantially disrupting the orderly operation of a school
“Bullying” and “harassment” also encompass:
- Retaliation against a student or school employee by another student or school employee for asserting or alleging an act of bullying of harassment. Reporting an act of bullying or harassment that is not made in good faith is considered retaliation.
- Perpetuation of conduct listed in the definition of bullying and/or harassment by an individual or group with intent to demean, dehumanize, embarrass, or cause emotional or physical harm to a student or school employee by:
- incitement or coercion;
- accessing or knowingly and willingly causing or providing access to data or computer software through a computer, computer system, or computer network within the scope of the school system; or
- acting in a manner that has an effect substantially similar to the effect of bullying or harassment.
“Cyberstalking” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. (F.S. 784.048(1)(d) and 815.03)
“Cyberbullying” is defined as bullying through the use of technology or any electronic communication, which includes, but is not limited to, any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photo-optical system, including, but not limited to, electronic mail, Internet communications, instant messages, or facsimile communications. Cyberbullying includes the creation of a webpage or weblog in which the creator assumes the identity of another person, or the knowing impersonation of another person as the author of posted content or messages, if the creation or impersonation creates any of the conditions enumerated in the definition of bullying. Cyberbullying also includes the distribution by electronic means of a communication to more than one (1) person or the posting of material on an electronic medium that may be accessed by one (1) or more persons, if the distribution or posting creates any of the conditions enumerated in the definition of bullying.
Sexual Cyberharassment
Pursuant to Florida law, “sexual cyberharassment” means to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an Internet website without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person. Sexual cyberharassment may be a form of sexual harassment. (F.S. 784.049)
“Within the scope of the school” means, regardless of ownership, any computer, computer system, or computer network that is physically located on school property or at a school-related or school-sponsored program or activity.
Expected Behavior
The school expects students to conduct themselves in keeping with their levels of development, maturity, and demonstrated capabilities with a proper regard for the rights and welfare of other students and school staff, the educational purpose underlying all school activities, and the care of school facilities and equipment.
Such behavior is essential in maintaining an environment that provides each student the opportunity to obtain a high-quality education in a uniform, safe, secure, efficient, and high quality system of education.
The standards for student behavior shall be set cooperatively through interaction among students, parents/guardians, staff, and community members, producing an atmosphere that encourages students to grow in self-discipline. The development of such an atmosphere requires respect for self and others, as well as for school and community property on the part of students, staff, and community members. School administrators, faculty, staff, and volunteers serve as role models for students and are expected to demonstrate appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying.
Students are expected to conform to reasonable standards of socially acceptable behavior; respect the person, property, and rights of others; obey constituted authority; and respond to those who hold that authority.
The school shall provide for appropriate recognition and positive reinforcement for good conduct, self-discipline, good citizenship, and academic success.
Consequences
Consequences and appropriate remedial action for students who commit acts of bullying or harassment or found to have wrongfully and intentionally accused another as a means of bullying or harassment may range from positive behavioral interventions up to and including suspension or expulsion, as outlined in the Code of Student Conduct.
Consequences and appropriate remedial action for a school employee found to have committed an act of bullying or harassment or found to have wrongfully and intentionally accused another as a means of bullying or harassment shall include discipline in accordance with school policies, administrative procedures, and the collective bargaining agreement. Egregious acts of harassment by certified educators may result in a sanction against an educator’s State-issued certificate. (See the Principles of Professional Conduct of the Education Profession in Florida – F.A.C. 6A-10.081)
Consequences and appropriate remedial action for a visitor or volunteer found to have committed an act of bullying or harassment or found to have wrongfully and intentionally accused another as a means of bullying or harassment shall be determined by the school administrator after consideration of the nature and circumstances of the act, including reports to appropriate law enforcement officials.
Procedure for Reporting
The school designates the principal as the person responsible for receiving all alleged acts of bullying. Any student or student’s parent/guardian who believes that the student has been or is the victim of bullying or harassment should immediately report the situation to the school principal or designee. The student may also report concerns to teachers and other school staff who will be responsible for notifying the appropriate administrator. Students may also email school administration or report the alleged acts of bullying in the Bully Boxes located throughout the campus. Complaints against the principal should be filed with the Director. Complaints against the Director should be filed with the Dean of the University of Florida’s College of Education.
All school employees are required to report alleged violations of this policy to the principal or as described above within twenty-four (24) hours. All other members of the school community, including students, parents, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy to the principal or as described above.
Written and oral reports shall be considered official reports. Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of an anonymous report.
The principal shall establish and prominently publicize to students, staff, volunteers, and parents the procedure for reporting bullying and how such a report will be acted upon. A victim of bullying and/or harassment, anyone who witnessed the act, and anyone who has credible information that an act of bullying and/or harassment has taken place may file a report.
Procedure for Investigation
The investigation of a reported act of bullying or harassment is deemed to be a school-related activity and begins with a report of such an act.
All complaints about bullying and/or harassment that may violate this policy shall be promptly investigated by an individual, designated by the principal, who is trained in investigative procedures. Reports of bullying or harassment that occur at other times outside the regular school day will be investigated and may result in discipline if the bullying substantially interferes with or limits the victim’s ability to participate in or benefit from the services, activities, or opportunities offered by a school or substantially disrupts the education process or orderly operation of a school.
Documented interviews of the victim, alleged perpetrator, and witnesses shall be conducted privately and shall be confidential. The investigator may not be the accused perpetrator or victim. At no time shall the accused perpetrator and victim be interviewed together.
Investigation
The investigator shall collect and evaluate the facts including but not limited to:
- a description of the incident, the nature of the behavior, and the context in which the incident occurred;
- how often the conduct occurred;
- whether there were past incidents or past continuing patterns of behavior;
- the relationship between the parties involved;
- the characteristics of the parties involved;
- the identity of the alleged perpetrator, including whether the individual was in a position of power over the individual allegedly subjected to bullying or harassment
- the number of alleged bullies/harassers;
- the age of the alleged bully/harasser;
- where the bullying and/or harassment occurred;
- whether there have been other incidents in the school involving the same or other students;
- whether the conduct adversely affected the student’s education or educational environment; and
- the date, time, and method in which the parent(s) of all parties were contacted.
In accordance with State law, school staff may monitor as part of any bullying or harassment investigation any non-school-related activity, function, or program.
If, during an investigation of reported acts of bullying or harassment, the principal or his/her designee believes that the reported misconduct may have created a hostile learning environment and may have constituted unlawful discriminatory harassment based on sex (including sexual orientation, transgender status, or gender identify), race, color, national origin, religion, disability (including HIV, AIDS, or sickle cell trait), pregnancy, marital status, age (except as authorized by law), military status, ancestry, or genetic information which are classes protected by State and/or Federal law (collectively “protected classes”), use of a language other than English by an English Language Learner, or any other legally prohibited basis, the principal or designee will report the act of bullying or harassment to the Title IX Coordinator at the University of Florida so that it may be investigated in compliance with policies set forth by the state and the University.
Determination
Upon completion of the investigation to determine whether a particular action or incident constitutes a violation of the policy, the designated individual who has conducted the investigation shall make a determination based on all the facts and surrounding circumstances and shall include:
- a recommendation of remedial steps necessary to stop the bullying and/or harassing behavior;
- a written report to the principal.
A maximum of ten (10) days should be the limit for the completion of the investigative procedural steps and submission of the incident report. While ten (10) days is the expectation for completion of the investigative procedural steps, more time may be needed based on the nature of the investigation and the circumstances affecting that investigation. The investigator shall document in his/her report the reasons for needing additional time beyond ten (10) days. The highest level of confidentiality possible shall be provided regarding the submission of a complaint or a report of bullying and/or harassment and for the investigative procedures that are employed.
The physical location or time of access of a computer-related incident cannot be raised as a defense in any disciplinary action initiated pursuant to this policy.
Scope
The investigator will provide a report on the results of the investigation with recommendations for the principal to make a determination if an act of bullying or harassment falls within the scope of school authority. Computers without web-filtering software or computers with web-filtering software that is disabled shall be sued when complaints of cyberbullying are investigated. If the action is within the scope of the school, school procedures for investigating bullying and/or harassment shall be followed. If the action is outside the scope of the school, and believed to be a criminal act, the action shall be referred to the appropriate law enforcement agency. If the action is outside the scope of the school and believed not a criminal act, the principal shall inform parents/guardians of all minor parties.
Parent Notification
The principal shall make a reasonable, good faith effort to report the occurrence of an alleged incident of bullying as defined by school policy to the parent/guardian of all students known to be involved in the incident on the same day an investigation of the incident has been initiated. Notification shall be by telephone or by personal conference and/or in writing by first-class mail and shall be consistent with the student privacy rights under applicable provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). The notice shall advise the individuals involved of their respective due process rights including the right to appeal any resulting determination or action.
If the bullying incident results in the perpetrator being charged with a crime, the principal shall inform by first-class mail or by telephone the parent/guardian of the identified victim(s) involved in the bullying incident about the Unsafe Schools Choice Option (No Child Left Behind (NCLB), Title IX, Part E, Subpart 2, Section 9532) that states, in pertinent part:
“A student attending a persistently dangerous public elementary school or secondary school, as determined by the State in consultation with a representative sample of local educational agencies, or who becomes a victim of a violent criminal offense, as determined by State law, while in or on the grounds of a public elementary school or secondary school that the student attends, [shall] be allowed to attend a safe public elementary school or secondary school within the local educational agency, including a public charter school.”
Upon the completion of the investigation and if criminal charges are to be pursued against the perpetrator, the appropriate law enforcement agencies shall be notified by telephone and/or in writing.
Counseling Referral
The school shall provide a referral procedure for intervening when bullying or harassment is suspected or when a bullying incident is reported. The procedure will include:
- a process by which the teacher or parent may request informal consultation with school staff to determine the severity of concern and appropriate steps to address the concern;
- a referral process to provide professional assistance or services that may include a process by which school personnel or a parent/guardian may refer a student to the school intervention team (or equivalent school-based team with a problem-solving focus) for consideration of appropriate services (parent/guardian involvement required). If a formal discipline report or formal complaint is made, the principal must refer the student(s) to the school intervention team for determination of counseling support and interventions (parent/guardian involvement required); or
- a school-based action to address intervention and assistance as determined appropriate by the intervention team that includes:
- counseling and support to address the needs of the victim(s) of bullying or harassment;
- interventions to address the behavior of students who bully and harass others (e.g., counseling, empathy training, anger management, etc.);
- intervention which includes assistance and support for parents, as may be deemed necessary or appropriate.
Appeal Process
- The appeal procedure for bullying by a student will follow the grievance procedure outlined in the Code of Student Conduct
- The appeal procedure for an employee shall be in accordance with University of Florida policy.
Data Report
The school will utilize Florida’s School Environmental Safety Incident Reporting (SESIR) Statewide Report on School Safety and Discipline Data as prescribed. If a bullying (including cyberbullying) or harassment incident occurs it will be reported in SESIR, coded appropriately using the relevant incident code and the related element code. Discipline and referral data will be recorded in Student Discipline/Referral Action Report and Automated Student Information System. In a separate section, the school shall include each alleged incident of bullying or harassment that does not meet the criteria of a prohibited act under this policy with recommendations regarding such incidents.
The school will provide bullying incident, discipline, and referral data to the Florida Department of Education (FLDOE) in the format requested, through Surveys 2, 3, and 5 from Education Information and Accountability Services, and at designated dates provided by the Department.
Training and Instruction
Students, parents, teachers, school administrators, counseling staff, school staff, and volunteers shall be provided training and instruction, at least annually, on the school’s policy and administrative procedures regarding bullying and harassment. The instruction shall include evidence-based methods of preventing bullying and harassment, as well as information about how to effectively identify and respond to bullying in schools. Instruction regarding bullying, harassment, and the school’s violence prevention and school safety efforts shall be integrated into school curriculum at the appropriate grade levels. The training and instruction shall include recognizing behaviors that lead to bullying and harassment and taking appropriate preventative action based on those observations. The programs of training and instruction authorized by the school shall include, but not be limited to:
- Creating a safe and respectful environment in the nation’s classrooms
- Prevention at School
- Prevention for Parents
- Bullying and Lesbian, Gay, Transgender, or Bisexual (LGBT) Youth
- Make Time to Listen, Time to Talk (conversation starters with children)
- Caring School Community – Nationally recognized, evidence-based program developed by the Center for the Collaborative Classroom that builds classroom and schoolwide community while developing students’ social and emotional learning (SEL) skills and competencies.
https://www.collaborativeclassroom.org/programs/caring-school-community/ - University of Florida, Gatorsafe App
https://police.ufl.edu/services/community-services/gatorsafe-app/
Victim’s Parent Reporting
The principal shall make a reasonable, good faith effort to report the occurrence of an alleged incident of bullying as defined herein to the parent/guardian of students known to be involved in the incident on the same day an investigation of the incident has been initiated. Notification shall be by telephone, personal conference, and/or in writing by first-class mail and shall be consistent with the student privacy rights under applicable provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). According to the level of infraction, the victim’s parents will be notified by telephone and/or in writing of actions being taken to protect the child; the frequency of notification will depend on the seriousness of the bullying or harassment incident.
Policy Publication
At the beginning of each school year, the principal shall, in writing, inform school staff, parents/guardians/other persons responsible for the welfare of a student of the school’s student safety and violence prevention policy.
The school shall provide notice to students and staff of this policy in the Code of Student Conduct, employee handbooks, and via the school’s website. The principal will also provide such notification to all school contractors.
The principal shall implement a process for discussing, at least annually, the school policy on bullying and harassment with students. Reminders of the policy and bullying prevention messages will be displayed, as appropriate, at the school’s facilities.
Immunity
A school employee, school volunteer, students, parent/guardian, or other persons who promptly report in good faith an act of bullying or harassment to the appropriate school official and who makes this report in compliance with the procedures set forth in school policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident.
Submission of a good faith complaint or report of bullying or harassment will not affect the complainant or reporter’s future employment, grades, learning or working environment, or work assignments. Such immunity from liability shall not apply to any employee, school volunteer, student, parent/guardian, or other person determined to have made an intentionally false report about harassment, intimidation, or bullying.
Privacy/Confidentiality
The school will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. All records generated under this policy and its related administrative procedures shall be maintained as confidential to the extent permitted by law.
Nothing in this policy shall be construed to abridge a student’s or school employee’s rights that are protected by the First Amendment to the Constitution of the United States.
Retaliation/False Charges
Retaliation against any person who reports, is thought to have reported, files a complaint, or otherwise participates in an investigation or inquiry under this policy is prohibited. Such retaliation shall be considered a serious violation of school policy and independent of whether a complaint is substantiated. False charges shall also be regarded as a serious offense and will result in disciplinary action or other appropriate sanctions. Suspected retaliation should be reported in the same manner as aggressive behavior and/or bullying.