Procedure – Students and Telecommunication Devices

Definitions:

  1. Sexting means sending, forwarding, displaying, retaining, storing, or posting sexually explicit, lewd, indecent or pornographic photographs, images, or messages by or on a cell phone, computer, or other electronic means during school hours or school activities on or off campus; while on school district property, during any recess, lunch, or leave periods on or off school district property; 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.
  2. 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:
    1. 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
    2. Creating an intimidating, threatening, hostile or abusive educational environment for a student or group of students through substantially severe, persistent, or pervasive behavior.
  3. Third parties include, but are not limited to, coaches, school volunteers, parents or 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 or guardian, or third party who has knowledge of conduct in violation of this policy or any student who feels he/she has been a victim of sexting, menacing, retaliation or reprisal in violation of this policy will immediately report the concerns to:

  1. The building principal or his/her designee;
  2. A teacher who will be responsible for notifying the building principal or designee immediately if the matter cannot be adequately addressed by the teacher, or warrants administrative intervention;
  3. A counselor, who is responsible for notifying the building principal or designee immediately if the matter cannot be addressed by the counselor or is sufficiently serious to warrant administrative intervention; or
  4. The superintendent of schools or designee.

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 district’s or their personal electronic devices. The examination or viewing of the evidence/information will be limited to the extent necessary to determine that misconduct occurred.

Parent or Guardian Notification:

Parents or guardians of all students identified in the report will be notified of the investigation and informed of their students’ involvement in the incident.

Discipline:

A school district may administer discipline for students whose behavior violates this policy. Law enforcement may also be notified when conduct may violate criminal laws.

The district will make reasonable attempts to assist students and/or parents or guardians to resolve concerns and issues prior to the use of the formal criminal complaint process. Assistance may include consultation, counseling, education, mediation, and/or other opportunities for problem-solving.

When administering discipline, the administrator will take into consideration the context of the events, all relevant circumstances, and the parties’ prior behavior, the nature of the behavior and its potential harm and the emotional and/or physical harm resulting from the reported party’s actions.

Sexting Offenses

First offense:

  1. Parents or guardians will be notified;
  2. The district will file an information report with the police by phone or in writing;
  3.  The student’s phone or electronic device will be confiscated, searched and returned only to a parent or guardian; and only when it is determined that law enforcement has completed their investigation;
  4. The district may administer appropriate interventions and may take other actions as appropriate.

Second offense:

  1. Parents or guardians will be notified;
  2. Police may be notified;
  3. The student’s phone or electronic device will be confiscated, searched and returned only to a parent or guardian, and only when it is determined that law enforcement has completed their investigation;
  4. The district may administer appropriate interventions and may take other actions as appropriate.

Third offense:

  1. Parents or guardians will be notified;
  2. Police may be notified;
  3. The student’s phone or electronic device will be confiscated, searched and returned only to a parent or guardian, and only when it is determined that law enforcement has completed their investigations;
  4. The student may be ineligible to participate in extracurricular activities; and
  5. The district may impose appropriate interventions and take may take other actions as appropriate.

 

Adoption Date:
Revised Dates: 06/10; 12/11; 10/19

Policies and Procedures