Cyber Bullying and Harassment Policy

Medium

NDCDE Bullying Policy

Definitions 

For the purposes of this policy: 

  • Bullying is defined as conduct prescribed in NDCC 15.1-19-17 and since all NDCDE services are delivered online, includes cyberbullying. The student handbook will include this entire definition along with examples.  
  • Protected status are classifications/characteristics protected from discrimination by state and federal law. For more information on protected status, see the Center for Distance Education (CDE) Non-Discrimination Policy (Policy A6d).  
  • CDE property refers to the CDE Office and all technology systems used to conduct CDE business. 
  • School-sanctioned activity are activities typically approved by a school district that are neither curricular or co-curricular such as a school fundraiser. As a virtual school, CDE generally does not host school-sanctioned activities.  
  • School-sponsored activity is an activity that CDE has approved through policy or through the leadership team's approval, is an extracurricular program, and is controlled and funded primarily by CDE.  
  • School staff include all employees of the Center for Distance Education.  
  • True threat is a statement that, in light of the circumstances, a reasonable person would perceive as a serious expression of an intent to inflict harm. 

Prohibitions

While using CDE's online systems, otherwise on CDE property, or at a CDE sanctioned or sponsored activity or event, a student and staff member may not: 

  1. Engage in bullying;  
  2. Engage in reprisal or retaliation against: 
    1. A victim of bullying; 
    2. An individual who witnesses an alleged act of bullying; 
    3. An individual who reports an alleged act of bullying; or 
    4. An individual who provides information/participates in an investigation about an alleged act of bullying. 
  3. Knowingly file a false bullying report with CDE. 

Reporting Procedures for Alleged Policy Violation 

  1. Reporting requirements for CDE staff:  Any CDE staff member with knowledge or suspicion of a violation of this policy or who has received an oral or written report of a violation of this policy from a student, learning coach, parent, or anonymously shall contact the dean of students as soon as possible.  If the alleged violation implicates the dean of students, the CDE staff member shall report it to the assistant superintendent.  If the alleged violation implicates the assistant superintendent, the school staff member shall file it with the CDE director.
      Should school administration determine that a CDE staff member knew of or suspected a violation of this policy and failed to report it in accordance with the procedure above, the staff member may be subject to disciplinary consequences. 
  2. Reporting options for students, learning coaches, and parents: Students, parents, and learning coaches may report known or suspected violations of this policy using any of the following methods: 
    1. Completing an online complaint form (link) or download and complete a paper version.  A complainant will have the option of including his/her name on this form or filing it anonymously. CDE will post links to the electronic and downloadable version of the form in prominent places such as its website and in the student handbook. 
    2. File an oral report with any CDE staff member. 

A complaint filed anonymously may limit the CDE’s ability to investigate and respond to the alleged violations. 

Reporting to Law Enforcement & Others Forms of Redress 

Anytime a CDE staff member has reasonable suspicion that a bullying incident constituted a crime, s/he shall report it to law enforcement. Also, nothing in this policy shall prevent a victim/his/her family from seeking redress under state and federal law. 

Documentation & Retention 

In addition to the bullying reporting form, CDE will make available to all staff a form to use to document oral reports of bullying, which is required to be completed anytime a staff member receives such a report. All documentation associated with a bullying report and investigation shall be forwarded to the dean of students or designated administrator when there is a conflict (see Reporting Requirements for CDE staff), and reports shall be retained for six years after a student turns 18.  

Investigation Procedures 

The dean of students is required to investigate violations of this policy (as prescribed under “Prohibitions”), when in receipt of actual notice of an alleged violation, which occurs when  prohibitions are reported using the method(s) listed in the reporting section of this policy. If the dean of student is the subject of the report, s/he shall notify the assistant superintendent who will conduct the investigation. To ensure this policy can be fully administered, the assistant superintendent shall also serve in the stead of the dean of students in the case of an absence or vacancy. When the report involves a CDE staff member, the dean of students will conduct the investigation with the assistance of the CDE human resources manager. The dean of students will activate the appropriate victim protection strategies (below) at the outset of the investigation.  
Upon receipt of a report of an alleged policy violation, the dean of students shall first determine if the alleged policy violation is based on a protected status—whether actual or perceived. Reports involving a protected status shall be investigated in accordance with CDE's applicable discrimination investigation policy, including the timelines contained therein. 
In all other cases, the dean of students shall determine the level of investigation necessary based on the nature of the alleged violation of this policy after considering factors such as, but not limited to: the identity of the reporter and his/her relationship to the victim/alleged perpetrator; the ages of the parties involved; the detail, content, and context of the report; whether or not this report is the first of its type filed against the alleged perpetrator. 
Based on the level of investigation the dean of students deems necessary; investigations may include any or all of the following steps or any other investigatory steps deemed necessary: 

  1. Identification and collection of necessary and obtainable evidence (NOTE: In some cases evidence may be unobtainable, e.g., a private social networking profile). 
  2. Interviews with the complainant, the victim, and/or the alleged perpetrator.  At no time during an investigation under this policy shall the victim/ complainant be required to meet with the alleged perpetrator. 
  3. Interviews with any identified witnesses. 
  4. A review of any mitigating or extenuating circumstances. 
  5. Final analysis and issuance of findings in writing to the victim and bully and, if applicable, implementation of victim protection measures and disciplinary measures under this or other applicable policies. 

Investigations shall be completed within 60 days unless the dean of students documents good cause for extending this deadline. Such documentation should be sent to the victim and alleged perpetrator during the investigation. 

Victim Protection Strategies 

When CDE confirms that a violation of this policy has occurred, it should notify the victim’s parents, school district if deemed necessary, and shall implement victim protection strategies. These strategies shall be developed on a case-by-case basis after the dean of students has reviewed the totality of the circumstances surrounding the bullying incident(s) or other violations of this policy.  Strategies may include, but not be limited to, the following: 

  1. Additional training for students and applicable staff on implementation of this policy and/or bullying prevention. 
  2. Notice to the victim’s teachers and/or administrators to monitor activity in impacted virtual classrooms, particularly areas where the victim and perpetrator may communicate such as discussion boards. 
  3. Referral to counseling services for the victim and perpetrator. 
  4. Modification of the perpetrator’s course placement and other appropriate measures imposed on the perpetrator (not the victim) to minimize the perpetrator’s contact with the victim. 

Disciplinary & Corrective Measures 

Students or CDE staff who violate this policy shall be subject to disciplinary consequences and/or corrective measures listed in the CDE Student Conduct or Employee Conduct policy (as applicable) and will be notified of prohibitions on retaliation. For students who violate this policy and do not attend CDE full-time, the dean of students may notify the student's school district of the action taken. In addition to such measures, CDE may modify the perpetrator’s course assignments and take other appropriate measures to minimize contact with the victim.  
For bullying initiated online but not occurring on CDE systems, CDE only has authority to impose disciplinary measures if the bullying substantially disrupted the educational environment or posed a true threat.  In all other cases, CDE may only take corrective measures to minimize contact between the victim and perpetrator and refer the perpetrator to counseling.  

Prevention Programs  

In accordance with law, CDE shall develop and implement bullying prevention programs for students in grades K-12.