Bullying and Hazing
School Board Policy 248. UNLAWFUL HARASSMENT
The Board strives to provide a safe, positive learning climate for students in the schools. Therefore, it shall be the policy of the district to maintain an educational environment in which harassment and/or bullying in any form is not tolerated.
The Board prohibits all forms of unlawful harassment and bullying of students by all district students and staff members, contracted individuals, vendors, volunteers and third parties, in the schools. The Board encourages students who have been harassed or bullied to promptly report such incidents to the designated administrators and to any staff member of the district. Staff members shall forward any student complaints of harassment or bullying to the designated administrators.
The Board directs that complaints of harassment or bullying shall be investigated promptly, and corrective action be taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations.
No reprisals nor retaliation shall occur as a result of good faith charges of harassment.
For purposes of this policy, harassment shall consist of verbal, written, graphic or physical, electronic or other conduct relating to an individual's race, color, national origin/ethnicity, gender, age, disability, sexual orientation, religion or other personal characteristic when such conduct:
Is sufficiently severe, persistent or pervasive that it affects an individual's ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive educational environment.
Has the purpose or effect of substantially or unreasonably interfering with an individual's academic performance.
Otherwise adversely affects an individual's learning opportunities.
For purposes of this policy, bullying shall consist of verbal, written, graphic, physical, electronic posting or communication or other conduct which intentionally inflicts or attempts to inflict injury or discomfort upon another repeatedly and over time.
For purposes of this policy, sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, written, graphic or physical conduct of a sexual nature when:
Acceptance of such conduct is made, explicitly or implicitly, a term or condition of a student’s academic status.
Submission to or rejection of such conduct is used as the basis for academic or work decisions affecting the individual.
Such conduct deprives a student of educational aid, benefits, services or treatment.
Such conduct is sufficiently severe, persistent or pervasive that it has the purpose or effect of substantially interfering with the student's school performance or creating an intimidating, hostile or offensive educational environment.
Examples of conduct that may constitute sexual harassment include but are not limited to sexual flirtations, advances, touching or propositions; verbal abuse of a sexual nature; graphic or suggestive comments about an individual's dress or body; sexually degrading words to describe an individual; jokes; pin-ups; inappropriate calendars; objects; graffiti; vulgar statements; abusive language; innuendoes; references to sexual activities; overt sexual conduct; or any conduct that has the effect of unreasonably interfering with a student's ability to work or creates an intimidating, hostile or offensive learning or working environment.
In order to maintain an educational environment that discourages and prohibits unlawful harassment, the Board designates the Superintendent or his/her designee as the district's Compliance Officer.
The Compliance Officer shall publish and disseminate this policy and the complaint procedure at least annually to students, parents/guardians, employees, independent contractors, vendors, and the public. The publication shall include the position, office address and telephone number of the Compliance Officer.
The administration shall be responsible to provide training for students and employees regarding all aspects of unlawful harassment.
Each staff member shall be responsible to maintain an educational environment free from all forms of unlawful harassment.
Each student shall be responsible to respect the rights of their fellow students and district employees. Students who engage in harassment or bullying are subject to discipline under the Code of Student Conduct, and other sanctions provided under law.
Complaints under this Policy shall be made initially to the building principal or designee, or directly to the Compliance Officer. The building principal or designee shall be responsible to complete the following duties when receiving a complaint of unlawful harassment:
Inform the student or third party of the right to file a complaint and the complaint procedure.
Inform the complainant that s/he may be accompanied by a parent/guardian during all steps of the complaint procedure.
Notify the complainant and the accused of the progress at appropriate stages of the procedure.
Refer the complainant to the Compliance Officer if the building principal is the subject of the complaint.
The Superintendent shall develop and publish guidelines for receipt of complaints of harassment consistent with state and federal law and this policy.
Hazing is not an accepted practice by the Haverford School District and cannot be tolerated or condoned in the athletic program.
Pennsylvania Hazing Law – TITLE 24. EDUCATION CHAPTER 20. HEALTH AND SAFETY ANTIHAZING LAW
[P.S.] 5352. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“HAZING.” Any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of or recognized as an organization by an institution of higher education. The term shall include, but not be limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug or other substance, or any other forced physical activity which could adversely affect the physical health and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual, or any willful destruction or removal of public or private property. For purposes of this definition, any activity as described in this definition upon which the initiation or admission into or affiliation with or continued membership in an organization is directly or indirectly conditioned shall be presumed to be “forced” activity, the willingness of an individual to participate in such activity notwithstanding. “Institution of Higher Education” Or “Institution”: Any public or private institution within this Commonwealth authorized to grant an associate degree or higher academic degree.
§ 5353. Hazing prohibited
Any person who causes or participates in hazing commits a misdemeanor of the third degree.
§ 5354. Enforcement by institution
(a) Anti-hazing Policy: Each institution shall adopt a written anti-hazing policy and, pursuant to that policy, shall adopt rules prohibiting students or other persons associated with any organization operating under the sanction of or recognized as an organization by the institution from engaging in any activity which can be described as hazing.
(b) Enforcement and Penalties:
(1) Each institution shall provide a program for the enforcement of such rules and shall adopt appropriate penalties for violations of such rules to be administered by the person or agency at the institution responsible for the sanctioning or recognition of such organizations.
(2) Such penalties may include the imposition of fines, the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines and the imposition of probation, suspension or dismissal.
(3) In the case of an organization which authorizes hazing in blatant disregard of such rules, penalties may also include recision of permission for that organization to operate on campus property or to otherwise operate under the sanction or recognition of the institution.
(4) All penalties imposed under the authority of this section shall be in addition to any penalty imposed for violation of section 3 or any of the criminal law of this State or for violation of any other institutional rule to which the violator may be subject.
(5) Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing.
DEFINITION AND PERSPECTIVE
Hazing in high school sports programs is variously defined as a rite of passage, initiation or test of resilience that serves to authorize, permit or validate membership or status in athletics or activities. Other definitions contained in various state law prohibitions include: Recklessly or intentionally endangering the health or safety of a student, or inflicting bodily injury on a student in connection with or as a condition of membership in a club, organization, association, fraternity, sorority or student body, regardless of whether the student so endangered or injured participated voluntarily in the activity.
Examples include (but not limited to):
· Requiring candidates to steal, vandalize or commit law violations;
· Shaving, cutting hair or marking the body of candidates;
· Requiring public behaviors that provoke ridicule or sanctions by law enforcement and school authorities;
· Requiring candidates to dress or appear in a manner that proves public ridicule;
· Requiring consumption of noxious food substances, drugs or alcohol;
· Physical punishments or extended exercises;
· Requiring candidates to endure extreme temperature environments;
· Requiring candidates to assume a painful position for an extended period;
· Sexual activity or simulated sexual activity;
· Deprivation of sleep;
· Simulations of dangerous acts that cause fear or mental anxiety, regardless of the intention or the actual danger inherent;
· Creating any safety risk for a candidate including involuntary restraint;
· Mandated servitude; and
· Demeaning or profane references to the candidate.
Hazing activities and initiations are generally conducted by older members of athletics teams. Often, these players achieved an accepted peer or team status by enduring similar treatment at an earlier time. In addition, adult community residents often report a history of older relatives and acquaintances enduring similar mistreatment over the course of several years or even decades. Because these events occur without challenge over time, they are often deeply embedded within the culture of a school, community or team. As a result, these practices have been accepted as “normal” or “usual” until recent years.
More recently, courts and legislative enactments have rejected the usual justifications for hazing, such as “bonding, proving one’s courage or vale to a team, suppression of ego, consent and no-harm initiations.” At both the collegiate and high school levels, serious injuries, deaths and a worsening pattern of degrading treatment have caused these justifications to lose all credibility as defenses. Moreover, these justifications lose validity in light of contemporary legislation and court findings.
INJURIES AND DEATH
Regrettably, injuries and death have resulted from these practices. As a result, these tragedies have resulted in public protests, expressions of outrage and litigation. Among the more proactive efforts has been development of Web sites that are available to any person who desires to learn more about current trends in legislation, litigation and public responses.
The Web sites are: www.stophazing.com and www.hazing.hanknuwer.com.
Forty-two states have enacted legislation that prohibits hazing and institutes a range of penalties and sanctions for hazing violations. These include:
1) Definitions of hazing and planning that contribute to hazing as a serious misdemeanor or felony, depending on the severity of the incident and injury or loss suffered by the victim(s).
2) Mandatory fines of various levels related to the severity of the violation and court judgments.
3) Mandates to school districts to develop local policies designed to prevent or intervene hazing activities.
4) Mandatory fines for schools that fail to develop hazing prevention policies.
5) Mandatory requirements to report hazing and legislative immunity for those who report acts of hazing.
6) Loss of state financial assistance to schools or districts that do not enact local policies and measures to prevent or curtail hazing.
7) Legislative permission and encouragement to institute lawsuits in civil or federal courts.
8) Mandatory expulsions from high schools and universities for violators found guilty of hazing.
9) Legislation that invalidates traditional defenses, such as consent, willingness, tradition, unawareness and no-harm.
The legislative enactments cited above, coupled with the rapid increase in litigation and legal judgments, strongly indicate that hazing is no longer an accepted practice in high school sports programs.
Federal courts have defined the mission of schools as:
· To educate all students, with the emphasis on all;
· To provide a safe and orderly environment for students to learn in, and
· To protect the health, safety and welfare of all students.
School Districts are held to a higher standard when it comes to the protection and safety of students. Coaches must discuss and have an anti-hazing policy within their team rules and regulations. It is incumbent upon all teachers, coaches, administrators and parents to educate all children on the dangers and inappropriateness of hazing in any form.
IMPLICATIONS FOR HIGH SCHOOL ATHLETIC PERSONNEL
The athletic personnel have the responsibility to research and understand the anti- hazing laws that his or her state has enacted and to determine whether the Board of Education, state association or National Association of Independent Schools has adopted any policy on hazing or sexual harassment. Coaches’ handbooks, student and athletic handbooks, and codes of conduct for student-athletes should reflect these policies and implement strict prohibitions and consequences for participating in any hazing activities. Furthermore, the issue of hazing should be addressed in parent meetings and included in warning and prohibition statements that are signed by parents and student-athletes to ensure understanding.
Hazing has long been tolerated as a “necessary evil” and a community norm among high school athletics teams. As a result of recent serious injuries and deaths, this form of demeaning and dangerous abuse of power has been largely rejected as incompatible with human rights and educationally sound practices.
Moreover, traditional justifications and defenses are no longer valid in light of contemporary legislation and litigation. In this regard, a majority of state legislatures have enacted prohibitions against these practices and litigation has been successfully initiated in civil, state and federal courts. Simply stated, hazing cannot and will not be tolerated in the Haverford School District athletic program.
The PA Human Relations Commission promotes equal opportunity for all and enforces Pennsylvania's civil rights laws that protect people from unlawful discrimination. As Pennsylvania's civil rights leader, it is our vision that all people in Pennsylvania will live, work, and learn free from unlawful discrimination.
The Board is committed to providing a safe, positive learning environment for District students. The Board recognizes that bullying creates an atmosphere of fear and intimidation, detracts from the safe environment necessary for student learning and may lead to more serious violence. Therefore, the Board prohibits bullying by District students.
Bullying/Cyberbullying means an intentional electronic, written, verbal or physical act or series of acts directed at another student or students, which occurs in a school setting that is severe, persistent or pervasive and has the effect of doing any of the following:
Substantial interference with the student's education
Creation of a threatening environment
Substantial disruption to the orderly operation of the school
Bullying, as defined in this policy, includes cyberbullying. The term bullying does not necessarily encompass the infrequent incidents of normal developmental conflict between peers.
School Setting means in the school, on school grounds, in school vehicles, at a designated bus stop or at any school activity supervised or sanctioned by the school.
The Board prohibits all forms of bullying by District students.
The Board requires students and/or parents or guardians who have been bullied to promptly report such incidences to the building principal or designee.
The Board directs that complaints of bullying shall be investigated promptly, and corrective action including restorative practices, shall be taken when allegations are verified. Confidentiality of all parties shall be maintained, consistent with the District’s legal and investigative obligations. No reprisals or retaliation shall occur as a result of good faith reports of bullying.
Each student shall be responsible to respect the rights of others and to ensure an atmosphere free of bullying
The Superintendent or designee shall ensure that this policy and administrative regulations are reviewed annually with students.
The Superintendent or designee, in cooperation with other appropriate administrators, shall review this policy every three (3) years and recommend necessary revisions to the Board.
District administration shall annually provide the following information with the Safe Schools Report:
Board's bullying policy
Report of bullying incidents
Information on the development and implementation of any bullying prevention, intervention or education programs.
This policy is incorporated in to the District’s Code of Student Conduct
This policy shall be articulated in student handbooks. The policy shall be posted in a prominent location within each school building and on the District website.
The district may develop and implement bullying prevention and intervention programs. Such programs shall provide district staff and students with appropriate training for effectively responding to, intervening in and reporting incidents of bullying.
Consequences for Violations
A student who violates this policy shall be subject to appropriate action consistent with the Code of Student Conduct, which may include:
◊ Restorative Response strategies and other district programs
◊ Counseling with the student
◊ Loss of school privileges
◊ Disciplinary consequences consistent with the Code of Student Conduct
◊ Exclusion from school sponsored activities
◊ Referral to law enforcement officials
The PA Human Relations Commission (PHRC) promotes equal opportunity for all and enforces Pennsylvania's civil rights laws that protect people from unlawful discrimination. As Pennsylvania's civil rights leader, it is our vision that all people in Pennsylvania will live, work, and learn free from unlawful discrimination.