Bullying
Bullying Assessment Flow Chart
Use this guide to determine whether bullying has taken place.
Was there aggression?
Physical aggression such as hitting, shoving, or threatening injury; verbal agression such as teasing or name-calling; rumors and shunning; electronic aggression such as sending insulting message by electronic media
→
No
→
Not bullying
↓
Yes
↓
Was there dominance?
Were the aggressors stronger or dominant over the other? Was one side outnumbered? Was there an imbalance of power?
→
No
→
Not bullying
↓
Yes
↓
Was there persistence?
Was there more than one incident or did the aggressor fail to stop when asked? Has this or a similar incident happened before?
→
No
→
Not bullying
Could be bullying if the behavior continues.
↓
Yes
↓
Response to Bullying
Report incident to Principal, Counselor, Social Worker, Teacher, Natural Helper or anonymously at swdubois.k12.in.us
Those who witness bullying are encouraged to intervene and be more than a bystander.
Bullying State Law
BULLYING State law
As defined by IC 20-33-8-0.2
(a) "bullying" means overt, unwanted, repeated acts or gestures, including verbal or written communications or images transmitted in any manner (including digitally or electronically), physical acts committed, aggression, or any other behaviors, that are committed by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the targeted student and create for the targeted student an objectively hostile school environment that:
(1) places the targeted student in reasonable fear of harm to the targeted student's person or property;
(2) has a substantially detrimental effect on the targeted student's physical or mental health;
(3) has the effect of substantially interfering with the targeted student's academic performance; or
(4) has the effect of substantially interfering with the targeted student's ability to participate in or benefit from the
services, activities, and privileges provided by the school.
(b) The term may not be interpreted to impose any burden or sanction on, or include in the definition of the term, the following:
(1) Participating in a religious event.
(2) Acting in an emergency involving the protection of a person or property from an imminent threat of
serious bodily injury or substantial danger.
(3) Participating in an activity consisting of the exercise of a student's rights protected under the First
Amendment to the United States Constitution or Article I, Section 31 of the Constitution of the State of
Indiana, or both.
(4) Participating in an activity conducted by a nonprofit or governmental entity that provides recreation,
education, training, or other care under the supervision of one (1) or more adults.
(5) Participating in an activity undertaken at the prior written direction of the student's parent.
(6) Engaging in interstate or international travel from a location outside Indiana to another location outside
Indiana.
As added by P.L.106-2005, SEC.6. Amended by P.L.285-2013, SEC.5.
SWDCS Bullying Policy
SWDCS POLICY 5517.01 - BULLYING
The School Board is committed to providing a safe, positive, productive, and nurturing educational
environment for all of its students. The Board encourages the promotion of positive interpersonal relations
between members of the school community. Bullying behavior toward a student, whether by other
students, staff, or third parties, is strictly prohibited and will not be tolerated. This prohibition includes
physical, verbal, and psychological abuse as provided herein. The Board will not tolerate any gestures,
comments, threats, or actions which cause or threaten to cause bodily harm or personal degradation.
Engaging in bullying behavior through the use of data or computer software that is accessed through a
computer, computer system or computer network also is prohibited. This policy applies when a student is
on school grounds immediately before or during school hours, immediately after school hours, or at any
other time when the school is being used by a school group; off school grounds at a school activity,
function, or event; traveling to or from school or a school activity, function, or event; or, using property or
equipment provided by the school. Additionally, this policy applies regardless of the physical location
when:
A. the individual committing the bullying behavior and any of the intended
targets of the bullying behavior are students attending a school within
the Corporation; and
B. the bullying behavior results in a substantial interference with school
discipline or an unreasonable threat to the rights of others to a safe and
peaceful learning environment.
Bullying as defined in State law means overt, unwanted, repeated acts or gestures, including verbal or
written communications or images transmitted in any manner (including digitally or electronically),
physical acts committed, aggression, or any other behaviors committed by a student or group of students
against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the other student
and create for the targeted student an objectively hostile school environment that:
A. places the targeted student in reasonable fear of harm to the targeted
student's person or property;
B. has a substantially detrimental effect on the targeted student's physical
or mental health;
C. has the effect of substantially interfering with the targeted student's
academic performance; or
D. has the effect of substantially interfering with the targeted student's
ability to participate in or benefit from the services, activities, and
privileges provided by the school.
This type of behavior is a form of 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 includes,
but is not limited to, such behaviors as stalking, intimidation, menacing behavior, coercion, name-calling,
taunting, making threats, and hazing. It also includes the use of digital or electronic communications to
engage in such behaviors.
However, Indiana law exempts the following from the definition "bullying":
A. Participating in a religious event.
B. Acting in an emergency involving the protection of a person or property
from an imminent threat of serious bodily injury or substantial danger.
C. Participating in an activity consisting of the exercise of a student's rights
protected under the First Amendment to the United States Constitution
or Article I, Section 31 of the Constitution of the State of Indiana, or both.
D. Participating in an activity conducted by a nonprofit or governmental
entity that provides recreation, education, training, or other care under
the supervision of one or more adults.
E. Participating in an activity undertaken at the prior written direction of the
student's parent.
F. Engaging in interstate or international travel from a location outside
Indiana to another location outside Indiana.
Any student who believes s/he has been or is currently the victim of bullying should immediately report
the situation to the building principal or assistant principal or the Superintendent. The student also may
report concerns to a teacher or counselor who will be responsible for notifying the appropriate
administrator or Board official. This report may be made anonymously. Complaints against the building
principal should be filed with the Superintendent. Complaints against the Superintendent should be filed
with the Board President. A parent may file a complaint on behalf of a student in the same manner.
Every student is encouraged, and every staff member is required, to report any situation that they believe
to be bullying behavior directed toward a student. Reports may be made to those identified above. Staff
members who fail to report bullying or who fail to conduct an investigation when assigned that duty are
subject to disciplinary action, up to and including discharge.
All complaints about bullying behavior that may violate this policy shall be promptly investigated according
to the timeline established by the Superintendent's administrative guidelines.
If, during an investigation of reported acts of bullying and/or harassment, the investigator believes that the
reported misconduct may have created a hostile learning environment and may have constituted unlawful
discriminatory harassment based on sex, race, color, national origin, religion, or disability, the investigator
will report the act of bullying and/or harassment to one (1) of the Compliance Officers so that it may be
investigated in accordance with the procedures set forth in Policy 5517 - Anti-Harassment.
If the investigator finds an instance of bullying behavior has occurred, prompt and appropriate action or
responses shall be taken to address the bullying behavior wherever it occurs including, as appropriate,
disciplinary action, up to and including expulsion for students, 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. Bullying acts shall be reported to law enforcement officials immediately upon
determining that a report to law enforcement is necessary.
The parents of the targeted student and the reported bully shall be notified of the alleged bullying incident
at the beginning of the investigation, the findings of the investigation at the conclusion of the investigation,
and, as appropriate, any remedial action that has been or will be taken to the extent disclosure is
permitted by law. In addition to discipline, remedial action may include support services for the targeted
student and bullying education for the bully, among other actions.
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 bullying 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
bullying. Making intentionally false reports about bullying for the purpose of getting someone in trouble is
similarly prohibited and will not be tolerated. Retaliation and making intentionally false reports may result
in disciplinary action as indicated above.
For a definition of and instances that could possibly be construed as hazing, consult Policy 5516.
Confidentiality
To the extent appropriate and/or legally permitted, confidentiality will be maintained during the
investigation process. However, a proper investigation will, in some circumstances, require the disclosure
of names and allegations.
Safe School Committee
In accordance with State law, there shall be a Safe School Committee in each school within this
Corporation (see Policy 8400 - School Safety).
The Superintendent is directed to 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.
I.C. 5-2-10.1, 20-20-8-8, 20-30-5-5.5, 20-33-8-0.2, 20-33-8-13.5, 20-34-6-1