ANTI-BULLYING POLICY/NONDISCRIMINATION POLICY:
The Milpitas Unified School District prohibits any discrimination, harassment, intimidation, and bullying of any student based on the student's actual race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, or gender expression; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.
Prohibited discrimination, harassment, intimidation, or bullying includes physical, verbal, nonverbal, or written conduct based on one of the categories listed above that is so severe and pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities.
SETH'S LAW - AN ANTI BULLYING POLICY
MUSD POLICIES ON BULLYING
Complaints and Investigation Steps:
Formal complaints of bullying shall be investigated and resolved in accordance with the MUSD Uniform Complaint procedures specified in AR 1312.
- At each school or MUSD location, the principal/designee is responsible for receiving oral or written complaints alleging violations of this policy;
- Students may report complaints of bullying to any school or MUSD employee.
- Any such reports of bullying allegations must be made, in writing, to the principal/designee or other appropriate administrator designee;
- Any members of the school community who may have credible information about a possible act of bullying may file a report of bullying either as a witness or a victim;
- Any student, or parent/guardian on behalf of a student, who believes he/she is a victim of bullying, has witnessed bullying, or has knowledge of any incidents involving acts of bullying are strongly encouraged to report the incidents to a school official.
- A student, school employee, school volunteer, contractor, parent/guardian, or other person who promptly reports in good faith an act of bullying to the appropriate school official and who makes this report in compliance with the procedures set forth in this policy, is immune from cause of action for damages arising out of the reporting itself. Submission of a good faith complaint or report of bullying will not affect the complainant or reporter’s future employment, grades, learning or working environment, or work assignment within MUSD;
- Administrators and administrative designees shall document in writing all complaints regarding bullying to ensure that incidents of bullying are appropriately addressed in a timely manner, whether the original report of bullying was made verbally or in writing; and
- Anonymous reports of bullying may be made to the appropriate school official or via district website. School officials shall develop and publicize a system in which students, employees, volunteers, parents/guardians can make an anonymous report of bullying at each site.
Investigations and Complaints:
- The principal/designee(s) and/or investigative designee shall document all complaints in writing or through the appropriate data system to ensure that problems are addressed in a timely manner. This process is to be followed with all anonymous complaints as well. Although this policy encourages students to use the formal written complaint process, school officials “should investigate all complaints and reports of harassment whether or not the complaint is in writing,” as stated by the Office
- of Civil Rights in Protecting Students from Harassment and Hate Crime: A Guide for
- Schools, Part II (1999); and
- The investigative designee will make the determination if a reported act of bullying or harassment falls within the scope of MUSD policies and regulations, and will follow the investigative steps outlined in AR 1312, Uniform Complaint Procedures
What Bullying is…
Repeated aggressive behavior that might include the following:
Intended to cause harm (physical or emotional)
An attempt by one or more individuals to gain power over another
Physical: Hitting, kicking, pushing, destroying property
Verbal/Written: Threatening, name-calling, teasing, taunting
Social/Emotional: Terrorizing, spreading rumors, intimidating, humiliating, blackmailing, isolating
Cyber-bullying: Using technology to bully others verbally, emotionally and/or socially
What Bullying is Not…
Not liking someone
Accidentally bumping into someone
A single act of telling a joke about someone
Expression of unpleasant thoughts or feelings regarding others
Arguments or disagreements
Being excluded from a game or group on the playground (unless being done regularly and with intention to hurt the feelings of another)
Isolated acts of harassment, aggressive behavior, intimidation or meanness
Filing a Report
Students, parents, and community members are encouraged to notify school staff, the assistant principal(s) or principal when they are being bullied or have witnessed another student being bullied or harassed. Complaints may be filed with the site principal or supervisor, or the appropriate Title IX coordinator:
- Complaints alleging sexual harassment or assault: Assistant Superintendent, Cheryl Jordan,firstname.lastname@example.org; 408-635-2600, x6071, 1331 E. Calaveras Blvd., Milpitas, CA 95035; or
- Complaints alleging bullying: Director of Student Services, 408-635-2600, x6053, 1331 E. Calaveras Blvd., Milpitas, CA 95035.
The Uniform Complaint Procedures shall govern the process for investigating and resolving a complaint of bullying, harassment, and sexual harassment. The Uniform Complaint Procedures Board Policy 1312 and Administration Regulations 1312.3 may be found in the MUSD Parent Student Handbook, the MUSD website, and at each school or department site. Students may submit complaints on the MUSD Student Discrimination / Harassment / Assault Complaint and Title IX Grievance Form (AR 5145). When the circumstances involve cyber-bullying, individuals with information about the activity are encouraged to save and print any electronic or digital messages that may constitute cyber-bullying. This evidence will assist the administrator or supervisor in completing his/her investigation of the complaint.
Reasonable efforts will be made to keep a report of bullying or harassment and the result of the investigation confidential. The Board also prohibits any form of retaliation against any student who files a complaint or report regarding an incident of discrimination, harassment, intimidation, or bullying.