Bullying
The College District prohibits bullying and dating violence as defined by this policy. Retaliation against anyone involved in the complaint process is a violation of College District policy and is prohibited.
Bullying occurs when a student or group of students engages in written or verbal expression, expression through electronic means, or physical conduct that occurs on College District property, at a College District-sponsored or College District-related activity, or in a vehicle operated by the College District and that:
1. Has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property; or
2. Is so sufficiently severe, persistent, and pervasive that the action or threat creates an intimidating, threatening, or abusive educational environment for a student.
Bullying of a student may include hazing, threats, taunting, teasing, confinement, assault, demands for money, destruction of property, theft of valued possessions, name-calling, rumor spreading, or ostracism.
Dating violence occurs when one partner in a dating relationship, either past or current, intentionally uses physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control the other partner to the point that the abuse:
1. Affects the student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
3. Otherwise adversely affects the student’s educational opportunities.
Examples of dating violence against a student may include physical or sexual assaults, name-calling, put-downs, threats to hurt the student or the student’s family members or members of the student’s household, destroying property belonging to the student, threats to commit suicide or homicide if the student ends the relationship, attempts to isolate the student from friends and family, stalking, or encouraging others to engage in these behaviors.
The College District prohibits retaliation by a student or College District employee against any person who in good faith makes a report of bullying or dating violence, serves as a witness, or participates in an investigation.
Examples of retaliation may include threats, rumor spreading, ostracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not include petty slights or annoyances.
A student who intentionally makes a false claim, offers false statements, or refuses to cooperate with a College District investigation regarding bullying, dating violence, or retaliation as defined by this policy shall be subject to appropriate disciplinary action.
Reporting procedures:
Reports of bullying, dating violence, or retaliation shall be made as soon as possible after the alleged act or knowledge of the alleged act.
A failure to promptly report may impair the College District’s ability to investigate and address the prohibited conduct.
Any student who believes that he or she has experienced prohibited conduct or believes that another student has experienced prohibited conduct should immediately report the alleged acts to an instructor, counselor, administrator, or other College District employee.
Any College District employee who suspects or receives notice that a student or group of students has or may have experienced bullying, dating violence, or retaliation shall immediately notify the dean of student services.
A report may be made orally or in writing. The dean of student services or designee shall reduce any oral reports to written form.
The dean of student services or designee shall determine whether the allegations in the report, if proven, would constitute prohibited conduct as defined by policy FDE, including harassment or discrimination on the basis of race, color, religion, gender, national origin, or disability. If so, the College District shall proceed under policy FFD instead.
Investigation of report:
The dean of student services or designee shall conduct an appropriate investigation based on the allegations in the report. The dean of student services or designee shall promptly take interim action calculated to prevent bullying, dating violence, or retaliation, as defined by this policy, during the course of an investigation, if appropriate.
Absent extenuating circumstances, the investigation should be completed within ten College District business days from the date of the initial report alleging bullying, dating violence, or retaliation, as defined by this policy; however, the dean of student services or designee shall take additional time if necessary to complete a thorough investigation.
The dean of student services or designee shall prepare a final, written report of the investigation. The report shall include a determination of whether bullying, dating violence, or retaliation, as defined by this policy, occurred. A copy of the report shall be sent to the College President or designee.
If the results of an investigation indicate that bullying, dating violence, or retaliation as defined by this policy occurred, the College District shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the conduct.
Examples of corrective action may include implementing a training program for the individuals involved in the complaint, implementing a comprehensive education program for the College District community, conducting follow-up inquiries to determine if any new incidents or any instances of retaliation have occurred, involving students in efforts to identify problems and improve the College District climate, increasing staff monitoring of areas where bullying, dating violence, or retaliation has occurred, and reaffirming the College District’s policy against bullying, dating violence and retaliation.
If the investigation reveals improper conduct that did not rise to the level of bullying, dating violence, or retaliation as defined by this policy, the College District may take disciplinary action.
To the greatest extent possible, the College District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation.
A student who is dissatisfied with the outcome of the investigation may appeal through FLD(LOCAL), beginning at the appropriate level.
Retention of records shall be in accordance with the College District’s records retention procedures. [See CIA]
Information regarding this policy and accompanying procedures shall annually be made available to College District employees and students and shall be published on the College District’s Web site. Copies of the policy and procedures shall be readily available at the College District’s administrative offices.