4362A - REPORTING THREATENING AND/OR INTIMIDATING BEHAVIORS
Threatening or intimidating behavior may take different forms, including, but not limited to, the following:
face-to-face encounters in which words are used that indicate to the staff member that the staff member's safety and well-being are in jeopardy
written communications that include comments toward the staff member or staff member's family which are disparaging or imply or state explicitly that the staff member and/or his/her family may be subject to some form of physical or psychological abuse or violence
written or spoken comments to a staff member which could subject the staff member to blackmail or extortion
written or spoken communication that implies or explicitly states that some form of damage may be done to the staff member's property or that of the staff member's family
written or spoken communication that causes a dwelling, a building, another structure, or a vehicle to be evacuated
Definitions
Words used in this guideline shall have those meanings defined herein; words not defined herein shall be construed according to their plain and ordinary meanings.
Complainant is the individual who alleges, or is alleged, to have been subjected to harassing, threatening, and/or intimidating behavior, regardless of whether the person files a formal complaint or is pursuing an informal resolution to the alleged harassment.
Respondent is the individual who is alleged to have engaged in harassing, threatening, and/or intimidating behavior, regardless of whether the Complainant files a formal complaint or is seeking an informal resolution to the alleged harassment.
Corporation community means students, Corporation employees (i.e., administrators, and professional and classified staff), and as well as Board members, agents, volunteers, contractors, or other persons subject to the control and supervision of the Board.
Third Parties include, but are not limited to, guests and/or visitors on Corporation property (e.g., visiting speakers, participants on opposing athletic teams, parents), vendors doing business with, or seeking to do business with, the Board, and other individuals who come in contact with members of the Corporation community at school-related events/activities (whether on or off Corporation property).
Day(s): Unless expressly stated otherwise, the term “day” or “days” as used in this policy means business day(s) (i.e., a day(s) that the Corporation office is open for normal operating hours, Monday – Friday, excluding State-recognized holidays).
Any staff member who believes that the staff member is the victim of any of the above actions or has observed such actions taken by a student, parent, fellow staff member, supervisor, co-worker, other member of the Corporation community, or Third Parties promptly should take the following steps:
If the Respondent is the staff member's Principal or a member of the central office, as soon as possible after the incident, the Complainant should contact the Superintendent or the Corporation's Compliance Officer (See Policy 4362 - Anti-Harassment).
If the Respondent is not the staff member's Principal or a member of the central office staff, as soon as possible after the incident, the Complainant should contact the Complainant's Principal or the Corporation's Compliance Officer.
The Principal, Superintendent, or Compliance Officer who has received the report of alleged threat or intimidation shall make an oral report immediately to the local law enforcement agency.
The staff member reporting the incident to the Principal, the Superintendent, or Compliance Officer should provide the name of the person(s) whom the staff member believes to be responsible for the harassment and the nature of the harassing incident(s). A written summary of each such report is to be prepared promptly by the Principal, Superintendent, or Compliance Officer receiving the report, and the Principal or Compliance Officer shall forward it to the Office of the Superintendent.
Each report received by the Principal, o Superintendent, or Compliance Officer shall be investigated in a timely and confidential manner. While a charge is under investigation, no information is to be released to anyone who is not involved with the investigation, except as may be required by law or in the context of a legal or administrative proceeding. No one involved is to discuss the subject outside of the investigation.
The purpose of this provision is to:
protect the confidentiality of the staff member who files a complaint, except that a Respondent must be informed of the Complainant's identity;
encourage the reporting of any incidents of threats or intimidation;
protect the reputation of any party wrongfully charged with threatening or intimidating conduct.
Investigation of a complaint normally will include conferring with the parties involved and any named or apparent witnesses. All staff members and others involved are to be protected from coercion, intimidation, retaliation, or discrimination for filing a complaint or assisting in an investigation.
If the investigation reveals that the complaint is valid, then prompt, appropriate, remedial and/or disciplinary action will be taken to prevent the continuance of the threat or its recurrence.
The Corporation recognizes that determining whether a particular action or incident is a threat must be based on all of the facts in the matter. Given the nature of this type of intimidation, the Corporation recognizes that false accusations of a threat can have serious effects on innocent individuals. Accordingly, all staff members are expected to act responsibly, honestly, and with the utmost candor whenever they present threat allegations or charges against fellow staff members, students, or others associated with the Corporation.
© Neola 2021