4329 Bullying Behavior Prohibited Dcvpa

DCVPA is committed to providing a safe, inviting, and civil educational environment for all students, employees, and other members of the school community.  The school expects all students, employees, volunteers, and visitors to behave in a manner consistent with that goal.  The school recognizes that bullying behavior creates an atmosphere of intimidation and fear, detracts from the safe environment necessary for student learning, and may lead to more serious misconduct or to violence.  Accordingly, the school prohibits all forms of bullying behavior, including encouragement of such behavior, by students, employees, volunteers, and visitors.  "Visitors" includes parents and other family members and individuals from the community, as well as vendors, contractors, and other persons doing business with or performing services for the school.

This policy prohibits bullying behavior, or the encouragement of bullying behavior, that takes place (1) in any school building or on any school premises before, during or after school hours; (2) on any bus or other vehicle as part of any school activity; (3) at any bus stop; (4) during any school-sponsored activity or extracurricular activity; (5) through the use of school system technological resources; (6) at any time or place when the student, employee, or other person is subject to the authority of school personnel; or (7) at any time or place when the bullying has a direct and immediate effect on maintaining order and discipline in the schools. 

This policy is not intended to prohibit expression of religious, philosophical, social, or political views, provided that the expression does not substantially disrupt the educational environment.

1. Relationship to Other Policies
   
   This policy applies to bullying behavior that is not otherwise prohibited by the following DCVPA policy that addresses harassment in violation of federal law:

   • Title IX Grievance and Procedure Policy (prohibiting sex-based harassment) DCVPA Policy 4035

   • Prohibition Against Discrimination Harassment DCVPA Policy 4021

   Conduct that may constitute discrimination or harassment under federal law must be addressed first in accordance with the requirements of the applicable policy listed above or, if applicable for University of North Carolina at Wilmington students and employees, UNCW Policy 02.205 Unlawful Discrimination, Harassment, and Sexual Misconduct Policy.  If subsequently, the conduct is determined not to rise to the level of discriminatory harassment prohibited by that policy, the conduct may be addressed under this policy. Conduct that does not rise to the level of bullying behavior as defined and prohibited in this policy may nevertheless violate other policies or school rules.

2. Conduct that is Considered Bullying Behavior

   1. Bullying is deliberate conduct intended to harm another person or group of persons.  It is characterized by repeated unwanted aggressive behavior that typically involves a real or perceived imbalance of power, such as a difference in physical size, strength, social standing, intellectual ability, or authority.  It may consist of either physical, verbal, or nonverbal behavior.  Cyberbullying is a form of bullying that is carried out using electronic communication media, such as words, action, or conduct conveyed through email, instant messages, text messages, tweets, blogs, photo or video sharing, chat rooms, or websites, and may exist in the absence of a power imbalance typical of other forms of bullying.

   2. Bullying behavior includes conduct that is, or reasonably appears to be, motivated by actual or perceived differentiating personal characteristics, or by a person’s association with someone who has or is perceived to have a differentiating personal characteristic.  Differentiating personal characteristics include, but are not limited to race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability.  Bullying behavior can violate this policy regardless of a student’s motivation.

   3. Examples of behavior that may constitute bullying behavior are repeated acts of disrespect, intimidation, or threats, such as verbal taunts, name-calling and put-downs, epithets, derogatory or lewd comments, spreading rumors, extortion of money or possessions, implied or stated threats, assault, offensive touching, physical interference with normal work or movement, visual insults, such as derogatory posters or cartoons, and sharing intimate photos or video of a person or sharing photos or videos that may subject a person to ridicule or insult.

   4. These examples are not exhaustive but are intended to illustrate the wide range of behavior that may constitute bullying behavior.

   5. Conduct such as the following is not considered bullying behavior: legitimate pedagogical techniques, the exercise of legitimate authority, and academic or work performance monitoring and evaluation.

3. When Bullying Behavior Violates This Policy
   
   Not all conduct that could be described as bullying behavior violates this policy. Bullying behavior violates this policy when any pattern of repeated gestures or written, electronic, or verbal communications, or any physical act or threatening communication:

   1. places a student, an employee, or other person in actual and reasonable fear of harm to their person or property; or

   2. creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities, or benefits.

   "Hostile environment" means that the victim subjectively views the conduct as bullying behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying behavior.

   The definition of bullying behavior in this section is intended to be no less inclusive than the definition of bullying behavior in G.S. 115C-407.15.

4. Reporting Bullying Behavior

   1. Reports by Students and/or Parents and Guardians

      1. The school encourages students or parents/guardians of students who have been the victim of or who have witnessed bullying behavior in violation of this policy to immediately report such incidents to a teacher, counselor, coach, assistant principal, or the principal.

      2. Reports may be made orally or in writing and may be made anonymously.

      3. All reports of serious violations and complaints made under this policy will be investigated expeditiously.  Anonymous reports will be investigated to the extent reasonably possible under the circumstances.

      4. If, at any time, school officials determine that the alleged bullying behavior appears to be based on sex, race, color, national origin, disability, religion, age (40 or older), military affiliation, or genetic information, the matter will be investigated in accordance with the applicable policy.

   2. Mandatory Reporting by School Employees

      An employee who witnesses or who has reliable information that a student or other individual has been bullied in violation of this policy must report the incident to his or her supervisor or to the building principal immediately.  If sexual harassment is suspected, the employee also must report the incident to the Title IX coordinator.  An employee who does not promptly report possible bullying behavior will be subject to disciplinary action.

   3. Reporting by Other Third Parties

      Other members of the school community may report incidents of bullying to the school principal or designee.

   4. Reporting False Allegations

      It is a violation of DCVPA policy to knowingly report false allegations of bullying behavior.  A student or employee found to knowingly report or corroborate false allegations will be subject to disciplinary action.

5. Reports of Bullying Behavior Based on a Federally Protected Characteristic
   
   Bullying or harassing behavior that is based on a federally protected characteristic, such as sex, race, color, national origin, disability, religion, age (40 or older), military affiliation, or genetic information, may constitute discriminatory harassment that is a violation of the individual’s civil rights.  A school employee who receives a report of bullying or harassing behavior that may constitute sex-based harassment must immediately contact the Title IX coordinator.  If the reported behavior appears to be based on any other federally protected characteristic, the employee must immediately notify the appropriate civil rights coordinator. Uncertainty as to whether alleged harassing behavior is based on a federally protected characteristic should be resolved by notifying the Title IX Coordinator.

6. Response to Reports of Bullying Behavior

   1. Reports of bullying behavior or the encouragement of such behavior under this policy will be investigated promptly by the principal or the principal’s designee.  If the principal is the alleged perpetrator, the executive director will designate an appropriate investigator.

   2. If at any time before, during, or after the investigation under this policy, the principal or designee determines or suspects that the alleged bullying behavior is based on sex, race, color, national origin, disability, or religion, the principal or designee shall notify the appropriate civil rights coordinator and proceed in accordance with the applicable school policy. However, referral will not preclude appropriate disciplinary consequences for a violation of this policy if, following the designated investigation and resolution process under the appropriate policy, the behavior is determined not to constitute discriminatory harassment in violation of federal law.

   3. No reprisals or retaliation of any kind are permitted as a result of good faith reports of bullying behavior.  An employee who engages in reprisal or retaliation will be subject to disciplinary action, up to and including dismissal.  A student who does so is subject to disciplinary consequences.

7. Consequences

   1. Students

      The disciplinary consequences for violations of this policy should take into consideration the frequency of incidents, the developmental age of the student involved, and the severity of the conduct and must be consistent with the code of conduct. 

   2. Employees

      Employees who violate this policy will be subject to disciplinary action, up to and including dismissal.

   3. Others

      Volunteers and visitors who violate this policy will be directed to leave school property and/or reported to law enforcement, as appropriate.  A third party under the supervision and control of the school system will be subject to termination of contracts/agreements, restricted from school property, and/or subject to other consequences, as appropriate.

8. Other Interventions
   
   Interventions designed to remediate the impact of a violation of this policy and to restore a positive school climate will be provided as determined necessary by school officials.

9. Records
   
   The executive director or designee shall maintain confidential records of complaints or reports of bullying or harassing behavior under this policy.  The records must identify the names of all individuals accused of such offenses and the resolution of such complaints or reports.  The executive director also shall maintain records of any remedial interventions or other steps taken by the school system to provide an environment free of bullying. 

Issued: June 23, 2025