Policy JICFAA Harassment, Intimidation Or Bullying
Purpose: To establish the basic structure for maintaining a safe, positive environment for students and staff that is free from harassment, intimidation, or bullying.
The board is committed to ensuring that every student is able to experience an environment which is safe, secure, and conducive to learning. In the board’s opinion, harassment, intimidation, and/or bullying, including cyberbullying, are disruptive and can adversely affect academic achievement and the school climate. Therefore, the board prohibits harassment, intimidation, and/or bullying of a student by any person on district property, at school or district sponsored event, on a school or activity bus and/or vehicle, or which substantially disrupts the orderly operations of a school(s).
The board prohibits reprisal or retaliation against any individual who reports a valid act of harassment, intimidation, and/or bullying.
Any student who feels he/she has been subjected to harassment, intimidation, or bullying is encouraged to file a complaint in accordance with procedures established by the superintendent. The superintendent is expected to develop guidance and enforce the provisions of an administrative rule ensuring all schools are in compliance with state and federal laws and regulations addressing harassment, intimidation, and/or bullying of students. The principal of each school is to be familiar with and adhere to the board’s expectations as contained in policy and administrative rule.
The board further expects that the superintendent will ensure principals and assistant principals are made aware of annually of their responsibilities for complying with the district’s harassment, intimidation, and bullying procedures to include, at a minimum, following the reporting process, investigating reports, publicizing this policy and its accompanying administrative rule, attending mandatory training, and subsequently conducting educational programs for students, teachers, and staff on harassment, intimidation, and bullying.
Adopted 9/26/11; Revised 4/30/18
Legal References:S. C. Code, 1976, as amended:
Section 16-3-510 – Organizations and entities revised (hazing unlawful; definitions).
Section 59-19-90 – General powers and duties of school trustees.
Section 59-63-110, et seq. – Safe School Climate Act.
Sections 59-63-210 through 270 – Grounds for which trustees may expel, suspend, or transfer pupils; petition for readmission; notices and parent conferences; expulsion for remainder of year and hearings; transfer of pupils; corporal punishment; regulation or prohibition of clubs or like activities on school property.
Section 59-63-275 – Student hazing prohibited.
Section 59-67-240 – Other duties of bus driver; discipline of students for misconduct.
Kolwalski v. Berkeley County Schools, 652 F.3d 565 (4th Cir. 2011).
State Board of Education Regulations:
R43-279 – Minimum standards of student conduct and disciplinary enforcement procedures to be implemented by local school districts.