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Bullying and Harassment, Non-Discrimination, Title IX

Board Policy on Bullying

 

Office for Civil Rights

U.S. Department of Education

Cleveland Office

1350 Euclid Avenue, Suite 325

Cleveland, Ohio 44115

Telephone: (216) 522-4970

Hazing and Bullying Policy Information

On February 2, 2012, the Ohio House passed HB116 which is known as the bullying bill or the Jessica Logan Act. It is now law. In response to this law, the New Miami Local Schools has policy and procedures to address issues.

Our policy states, harassment, intimidation, or bullying toward a student, whether by other students, staff, or third parties is strictly prohibited and will not be tolerated. This prohibition includes aggressive behavior, physical, verbal, and psychological abuse, and violence within a dating relationship. The Board will not tolerate any gestures, comments, threats, or actions which cause or threaten to cause bodily harm or personal degradation. This policy applies to all activities in the District, including activities on school property, on a school bus, or while enroute to or from school, and those occurring off school property if the student or employee is at any school-sponsored, school- approved or school-related activity or function, such as field trips or athletic events where students are under the school's control, in a school vehicle, or where an employee is engaged in school business.

 This policy has been developed in consultation with parents, District employees, volunteers, students, and community members as prescribed in R.C. 3313.666 and the State Board of Education's Model Policy.

 Harassment, intimidation, or bullying means:

  1. any intentional written, verbal, electronic, or physical act that a student or group of students exhibits toward another particular student(s) more than once and the behavior both causes mental or physical harm to the other student(s) and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student(s); or
      

B. violence within a dating relationship.

"Electronic act" means an act committed through the use of a cellular telephone, computer, pager, personal communication device, or other electronic communication device.

 Aggressive behavior is defined as inappropriate conduct that is repeated enough, or serious enough, to negatively impact a student's educational, physical, or emotional well being. This type of behavior is a form of intimidation and harassment, although it need not be based on any of the legally protected characteristics, such as sex, race, color, national origin, marital status, or disability. It would include, but not be limited to, such behaviors as stalking, bullying/cyberbullying, intimidating, menacing, coercion, name calling, taunting, making threats, and hazing.

 Harassment, intimidation, or bullying also means cyberbullying through electronically transmitted acts (i.e., internet, e-mail, cellular telephone, personal digital assistance (PDA), or wireless hand-held device) that a student(s) or a group of students exhibits toward another particular student(s) more than once and the behavior both causes mental and physical harm to the other student and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student(s).

Any student or student's parent/guardian who believes s/he has been or is the victim of aggressive behavior should immediately report the situation to the Building Principal or assistant principal, or the Superintendent. The student may also report concerns to teachers and other school staff who will be responsible for notifying the appropriate administrator or Board official. Complaints against the Building Principal should be filed with the Superintendent. Complaints against the Superintendent should be filed with the Board President.

 Every student is encouraged, and every staff member is required, to report any situation that they believe to be aggressive behavior directed toward a student. Reports may be made to those identified above.

 All complaints about aggressive behavior that may violate this policy shall be promptly investigated. The Building Principal or appropriate administrator shall prepare a written report of the investigation upon completion. Such report shall include findings of fact, a determination of whether acts of harassment, intimidation, and/or bullying were verified, and, when prohibited acts are verified, a recommendation for intervention, including disciplinary action shall be included in the report. Where appropriate, written witness statements shall be attached to the report.

 If the investigation finds an instance of harassment, intimidation, and/or bullying/cyberbullying by an electronic act or otherwise, has occurred, it will result in prompt and appropriate remedial and/or disciplinary action. This may include suspension or up to expulsion for students, up to discharge for employees, exclusion for parents, guests, volunteers, and contractors, and removal from any official position and/or a request to resign for Board members. Individuals may also be referred to law enforcement officials.

 If, during an investigation of a reported act of harassment, intimidation and/or bullying/cyberbullying, the Principal or appropriate administrator believes that the reported misconduct may have created a hostile learning environment and may have constituted unlawful discriminatory harassment based on a Protected Class, the Principal will report the act of bullying and/or harassment to one of the Anti-Harassment Compliance Officers so that it may be investigated in accordance with the procedures set forth in Policy 5517 - Anti-Harassment.

 Retaliation against any person who reports, is thought to have reported, files a complaint, or otherwise participates in an investigation or inquiry concerning allegations of aggressive behavior is prohibited and will not be tolerated. Such retaliation shall be considered a serious violation of Board policy and independent of whether a complaint is substantiated. Suspected retaliation should be reported in the same manner as aggressive behavior. Retaliation may result in disciplinary action as indicated above.

 Deliberately making false reports about harassment, intimidation, bullying and/or other aggressive behavior for the purpose of getting someone in trouble is similarly prohibited and will not be tolerated. Deliberately making false reports may result in disciplinary action as indicated above.

 If a student or other individual believes there has been aggressive behavior, regardless of whether it fits a particular definition, s/he should report it and allow the administration to determine the appropriate course of action.

 The District shall implement intervention strategies (AG 5517.01) to protect a victim or other person from new or additional harassment, intimidation, or bullying and from retaliation following such a report.

 This policy shall not be interpreted to infringe upon the First Amendment rights of students (i.e., to prohibit a reasoned and civil exchange of opinions, or debate, that is conducted at appropriate times and places during the school day and is protected by State or Federal law).

 The complainant shall be notified of the findings of the investigation, and as appropriate, that remedial action has been taken. If after investigation, acts of bullying against a specific student are verified, the Building Director or appropriate administrator shall notify the custodial parent/guardian of the victim of such finding. In providing such notification care shall be taken to respect the statutory privacy rights of the perpetrator of such harassment, intimidation, and/or bullying.

 If after investigation, acts of harassment, intimidation, and/or bullying by a specific student are verified, the Building Director or appropriate administrator shall notify in writing the custodial parent/guardian of the perpetrator of that finding. If disciplinary consequences are imposed against such student, a description of such discipline shall be included in the notification.

 Complaints

 Students and/or their parents/guardians may file reports regarding suspected harassment, intimidation, or bullying. Such reports shall be reasonably specific including person(s) involved, number of times and places of the alleged conduct, the target of suspected harassment, intimidation, and/or bullying, and the names of any potential student or staff witnesses. Such reports may be filed with any school staff member or administrator, and they shall be promptly forwarded to the Building Director for review, investigation, and action.

 Students, parents/guardians, and school personnel may make informal or anonymous complaints of conduct that they consider to be harassment, intimidation, and/or bullying by verbal report to a teacher, school administrator, or other school personnel. Such complaints shall be reasonably specific including person(s) involved, number of times and places of the alleged conduct, the target of suspected harassment, intimidation, and/or bullying, and the names of any potential student or staff witnesses. A school staff member or administrator who receives an informal or anonymous complaint shall promptly document the complaint in writing, including the information provided. This written report shall be promptly forwarded by the school staff member and/or administrator to the Building Director for review, investigation, and appropriate action.

 Individuals who make informal complaints as provided above may request that their name be maintained in confidence by the school staff member(s) and administrator(s) who receive the complaint. Anonymous complaints shall be reviewed and reasonable action shall be taken to address the situation, to the extent such action may be taken that (1) does not disclose the source of the complaint, and (2) is consistent with the due process rights of the student(s) alleged to have committed acts of harassment, intimidation, and/or bullying.

 When an individual making an informal complaint has requested anonymity, the investigation of such complaint shall be limited as is appropriate in view of the anonymity of the complaint. Such limitation of investigation may include restricting action to a simple review of the complaint subject to receipt of further information and/or the withdrawal by the complaining student of the condition that his/her report be anonymous.

Privacy/Confidentiality

 The School District will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the Board’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. All records generated under this policy and its related administrative guidelines shall be maintained as confidential to the extent permitted by law.

Reporting Requirement

 At least semi-annually, the Superintendent shall provide to the President of the Board a written summary of all reported incidents and post the summary on the District web site (if one exists). The list shall be limited to the number of verified acts of harassment, intimidation, and/or bullying, whether in the classroom, on school property, to and from school, or at school-sponsored events.

 Allegations of criminal misconduct and suspected child abuse will be reported to the appropriate law enforcement agency and/or to Child Protective Services in accordance with statute. District personnel shall cooperate with investigations by such agencies.

Immunity

 A School District employee, student, or volunteer shall be individually immune from liability in a civil action for damages arising from reporting an incident in accordance with this policy and R.C. 3313.666 if that person reports an incident of harassment, intimidation, and/or bullying promptly, in good faith, and in compliance with the procedures specified in this policy. Such immunity from liability shall not apply to an employee, student, or volunteer determined to have made an intentionally false report about harassment, intimidation, and/or bullying.

Notification

 Notice of this policy will be annually circulated to and posted in conspicuous locations in all school buildings and departments within the District and discussed with students, as well as incorporated into the teacher, student, and parent/guardian handbooks. At least once each school year a written statement describing the policy and consequences for violations of the policy shall be sent to each student's custodial parent or guardian.

The statement may be sent with regular student report cards or may be delivered electronically.

The policy and an explanation of the seriousness of bullying by electronic means shall be made available to students in the District and to their custodial parents or guardians.

 State and Federal rights posters on discrimination and harassment shall also be posted at each building. All new hires will be required to review and sign off on this policy and the related complaint procedures.

Education and Training

 In support of this policy, the Board promotes preventative educational measures to create greater awareness of aggressive behavior, including bullying and violence within a dating relationship. The Superintendent or designee shall provide appropriate training to all members of the School District community related to the implementation of this policy and its accompanying administrative guidelines. All training regarding the Board’s policy and administrative guidelines about aggressive behavior and bullying in general, will be age and content appropriate.

Annually, the District shall provide all students enrolled in the District with age-appropriate instruction regarding the Board's policy, including a written or verbal discussion of the consequences for violations of the policy to the extent that State or Federal funds are appropriated for this purpose.

Students in grades seven (7) through twelve (12) shall receive age-appropriate instruction in dating violence prevention education, including instruction in recognizing dating violence warning signs and characteristics of healthy relationships. Parents, who submit a written request to the Building Director to examine the dating violence prevention instruction materials used in the school, will be afforded an opportunity to review the materials within a reasonable period of time.

The District shall provide training, workshops, and/or courses on this policy for school employees and volunteers who have direct contact with students, to the extent that State or Federal funds are appropriated for these purposes. Time spent by school staff in these training programs shall apply toward mandated continuing education requirements.

In accordance with Board Policy 8462, the Superintendent shall include a review of this policy on bullying and other forms of harassment in the required training in the prevention of child abuse, violence, and substance abuse and the promotion of positive youth development.

The Superintendent shall develop administrative guidelines to implement this policy. Guidelines shall include reporting and investigative procedures, as needed. The complaint procedure established by the Superintendent shall be followed.

 

Image of the Safer Ohio Tip line for the Ohio Department of Public Safety.SaferSchools Ohio Tip Line

The New Miami Local School District registered to be a part of the Ohio Department of Education and the Ohio Department of Public Safety SaferOH tip line. This free service will allow students to call or text information about any threat to student safety. Calls or texts to 844-SaferOH (844-723-3764) are monitored by specialists at the Ohio Homeland Security’s Threat Assessment and Prevention Unit.  Information will then be forwarded to local school officials, local law enforcement, and other agencies as needed.   The tip line is available 24/7 and offers students a way to anonymously report potential threats, adding an extra layer to student safety and security. 

 

Title IX and Nondiscrimination

Title IX was enacted in 1972 as part of amendments to the Higher Education Act of 1965.  The US Department of Education released revised Title IX regulations which take effect August 14, 2020.

Title IX prohibits discrimination in federally funded educational programs on the basis of sex.

Any school district receiving any Federal funds MUST comply with Title IX.

The US Department of Education's Office for Civil Rights (OCR) enforces Title IX.

It is the policy of this District to maintain a learning environment that is free from harassment because of an individual's race, color, national origin, ancestry, citizenship status, religion, sex (including sexual orientation and transgender identity), economic status, age, disability or military status.  The District prohibits any and all forms of harassment because of race, color, national origin, ancestry, citizenship status, religion, sex (including sexual orientation and transgender identity), economic status, age, disability, or military status.  For information about the New Miami Board Policies pertaining to non-discrimination, click on one of the links listed below: 

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Our District is required by Title IX not to discriminate on the basis of sex in our education programs and activities.

In each school building, the building principal is the person responsible for receiving reports of sexual harassment, or harassment based on race, color, national origin, ancestry, citizenship status, religion, sex (including sexual orientation and transgender identity), economic status, age, disability or military status at the building level.  Reports may also be made directly to the New Miami Local School District Bullying and Harassment Specialist/Title IX Coordinator.

For information about the New Miami hazing, bullying, and harassment policies, click on one of the links listed below:

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In compliance with Title IX, the New Miami Local School District personnel (including "the coordinator, and investigator, any decision-maker, and any person who facilities an informal resolution") are required to participate in training as follows:

Title IX K-12 Level 1 - Civil Rights

Title IX K-12 Level 2 - Coordinator Training and Responsibilities 

Title IX K-12 Level 2 - Decision-Maker and Appeals Training

Title IX K-12 Level 2 - Investigator Training

Title IX K-12 Level 2 - Informal Resolution Officer Training

Equal Education Opportunity

This District provides an equal education opportunity for all students. Any person who believes that s/he has been discriminated against on the basis of his/her race, color, disability, religion, gender, or national origin while at school or a school activity should immediately contact the School District’s Compliance Officer: 513-863-0833. Any student making a complaint or participating in a school investigation will be protected from retaliation.  The Compliance Officer can provide additional information concerning equal access to education opportunity.

New Miami Local School District Compliance Officers:

Josh Senters
Director of Student Services and Human Resources
600 Seven Mile Ave.
Hamilton OH 45011
(513) 863-0833 ext. 3002

Robin Bonar
New Miami School Treasurer
600 Seven Mile Ave.
Hamilton OH 45011
(513) 863-0833 ext. 3004

Hazing and Bullying Report to Board of Education August 2023 - December 2023

Hazing and Bullying Report to Board of Education August 2023 - December 2023. Hazing and Bullying in all forms are prohibited in the New Miami Local Schools. New Miami Board of Education policy outlines steps that administrators, teachers, and all other district employees will take to prevent and/or stop any planned or ongoing cases of hazing or bullying.

In accordance with state law and district policy, a report is prepared for the board president on the number of recorded bullying incidents. That report is also to be posted on the district website.

During the period from August 2023 - December 2023, five (5) incidents of hazing and/or bullying were reported in the district. Of those reported, one (1) was substantiated as defined by New Miami Board of Education policy. These incidents were addressed under the steps of this policy.

Hazing and Bullying Report to Board of Education December 2022 - May 2023

Hazing and Bullying Report to Board of Education December 2022 - May 2023. Hazing and Bullying in all forms are prohibited in the New Miami Local Schools. New Miami Board of Education policy outlines steps that administrators, teachers, and all other district employees will take to prevent and/or stop any planned or ongoing cases of hazing or bullying.

In accordance with state law and district policy, a report is prepared for the board president on the number of recorded bullying incidents. That report is also to be posted on the district website.

During the period from December 2022 - May 2023, 0 incidents of hazing and/or bullying were reported in the district.