Definitions
A. Telecommunications devices include, but are not limited to cell phones, tablets, smart watches, etc.
B. Sexting means sending, forwarding, displaying, retaining, storing or posting sexually explicit, lewd, indecent or pornographic photographs, images or messages by a telecommunications device, computer or other electronic means during school hours or school activities on or off campus; or beyond the hours of school operation if the behavior detrimentally affects: the personal safety or well-being of school-related individuals; the governance, climate or efficient operation of the school; or the educational process or experience.
C. Disrupting the learning environment means any intentional gesture, any intentional electronic communication or any intentional written, verbal or physical act or statement initiated, occurring, transmitted or received by a student at school that a reasonable person under the circumstance should know will have the effect of:
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- Insulting, mocking or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school; or
- Creating an intimidating, threatening, hostile or abusive educational environment for a student or group of students through substantially severe, persistent or pervasive behavior.
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D. Third parties include, but are not limited to, coaches, school volunteers, parents/guardians, school visitors, service contractors or others engaged in district business or activities that are not directly subject to district control at inter-district and intra-district athletic competitions or other school events.
Reporting Violations:
Any student, employee, parent/guardian or third party who has knowledge of conduct in violation of this policy or any student who feels they have been a victim of sexting, menacing, retaliation or reprisal in violation of this policy will immediately report the concerns to:
A. The school principal or designee.
B. A teacher who will be responsible for notifying the school principal or designee immediately if the matter cannot be adequately addressed by the teacher or warrants administrative intervention; or
C. A counselor, who is responsible for notifying the school principal or designee immediately if the matter cannot be addressed by the counselor or is sufficiently serious to warrant administrative intervention.
Investigating
The principal or designee will be responsible for timely investigating a complaint made under this policy. The investigation, witness statements and evidence will be documented along with the outcome of the investigation.
In the course of the investigation, administrative staff will not send, receive or unnecessarily view or transmit sexting photographs or any other inappropriate images on either the districts or their personal telecommunications devices. The examination or viewing of the evidence/
information will be limited to the extent necessary to determine that misconduct occurred.
Parent/Guardian Notification
Parents/guardians of all students identified in the report will be notified of the investigation and informed of their students鈥 involvement in the incident.
Discipline
Students whose behavior violates this policy will be subject to disciplinary action. Law enforcement will also be notified when conduct may violate criminal laws.
In addition to discipline, the district will assist students and/or parents/guardians to resolve concerns and issues prior to the use of the formal criminal complaint process. These interventions may include consultation, counseling, education, mediation and/or other opportunities for problem-solving.
In imposing discipline, the administrator will take into consideration the context of the events, all relevant circumstances, the parties鈥 prior behavior and the nature of the behavior and its potential harm and the emotional and/or physical harm resulting from the reported party鈥檚 actions. Exceptional misconduct penalties may be imposed, if in the opinion of the administration, it is warranted.
Sexting, Harassment, Intimidation and Bullying, Bias Incident and Hate Speech Offenses:
A. Parents/guardians will be notified.
B. The district will file an information report with the police by phone or in writing if necessary.
C. The student鈥檚 telecommunications device will be confiscated, may be searched and returned only to a parent/guardian.
D. The student will be subject to disciplinary consequences per policy and procedure 3241; and
E. The district may impose appropriate interventions.