Sexual harassment of students, by either a District employee or another student, is conduct that is so severe, pervasive, and objectively offensive that it can be said to deprive the victim of access to the educational opportunities or benefits provided by the school. Sexual harassment does not include simple acts of teasing and name-calling among school children, however, even when the comments target differences in gender. Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999) Download Sexual Harassment Policy for complete details on what qualifies as Sexual Harassment.
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 a teacher, counselor, principal, or other District employee. Alternatively, a student may report prohibited conduct directly to one of the District officials below:
Reports of prohibited conduct shall be made as soon as possible after the alleged act or knowledge of the alleged act. Any District employee who receives notice that a student has or may have experienced prohibited conduct shall immediately notify the appropriate District official listed above and take any other steps required by this policy. A failure to promptly report may impair the District’s ability to investigate and address the prohibited conduct.
Anti-Bullying policies and procedures were developed in compliance with federal case law, guidance from the U.S. Department of Education’s Office for Civil Rights, and the definition of bullying contained in section §25.0342 of the Texas Education Code. The Red Oak Independent School District School Board has adopted a District policy prohibiting “harassment,” which typically addresses many of the behaviors that also constitute bullying. The District’s discrimination, harassment, and retaliation policy is FFH (LOCAL). A bullying policy was also adopted, as demonstrated within this manual and board policy FFI (LOCAL).
The Red Oak ISD School Board is committed to protecting its students and employees from bullying, harassment, or discrimination for any reason and of any type. The School Board believes that all students and employees are entitled to a safe, equitable, and harassment-free school experience. Bullying, discrimination, or harassment, will not be tolerated and shall be just cause for disciplinary action. The Red Oak ISD School Board has adopted policies and administrative procedures that:
prohibit retaliation against any person, witness, or another person who in good faith provides information regarding bullying;
establish a procedure for providing notice of an incident of bullying to a parent or guardian within a reasonable period;
establish the actions a student should take to obtain assistance and intervention in response to bullying;
set out available counseling options for a student who is a victim of, is a witness to, or engages in bullying;
establish reporting and investigation procedures;
prohibit school officials from disciplining a student who is the victim of bullying, for the student’s use of reasonable self-defense in response to bullying; and
require that the discipline of a student with disabilities for bullying complies with federal law, including the Individuals with Disabilities Education Act (IDEA).
The School Board amended the bullying transfer provisions in current board policy. Currently, the School Board or designee only had authority to transfer the victim of bullying to another classroom or campus. Effective with the 2012-13 school year, the School Board or designee may also transfer a student who engages in bullying to (1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or (2) another campus in the District other than the campus to which the victim was assigned at the time the bullying occurred.
To effectively address bullying and cyber-bullying, parents and students must be partners with District administrators. Only by working together will we be able to reduce the incidents of bullying in our schools.
What is Bullying?
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 school property, at a school-sponsored or school-related activity, or in a vehicle operated by the 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 sufficiently severe, persistent and pervasive enough that the action or threat creates an intimidating, threatening or abusive educational environment for a student.
This conduct is considered bullying if it (1) exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct; and (2) interferes with a student's education or substantially disrupts the operation of a school. See flowchart to determine if conduct can be considered bullying according HB 1942.