NORTH PENN SCHOOL DISTRICT
Administrative Regulations
5150(a)
STUDENTS
Reference: Board Policy #5150
Elementary and Secondary
Welfare
Harassment
Procedures for Reporting Harassment
A student who feels he/she has been a target of unlawful harassment by district students,
employees, or visitors to the schools or other district locations should report the alleged
harassment to a teacher, counselor, nurse, administrator, or the district compliance officer
(manager of human resources) as soon as possible after the occurrence.
Student complaints should be resolved at the building level when student to student harassment
is involved. When the complaint alleges that the accused harasser is a district employee or a
visitor to the school or other district location, then the building administrator or department
supervisor should report the harassment to the district compliance officer. The district
compliance officer will follow the procedures outlined in this administrative regulation #4316 to
investigate and resolve the complaint.
Student complaints should be made in writing using the harassment complaint form designed
for this purpose, attached to this regulation, and available in the main office of every school.
The student should then submit the complaint form to the building administrator. If the building
administrator is named as the alleged harasser, the student should send the complaint form to
the district compliance officer.
All student harassment complaints must be investigated, resolved, and reported to the
superintendent.
Procedures for Investigating Harassment Complaints
Each complaint filed will be promptly and carefully investigated and all findings documented in
writing.
Upon receipt of a student to student complaint, the building principal or designee and another
staff member, (assistant principal, guidance counselor, nurse, etc.) will conduct an investigation
by interviewing both students and any witnesses and directing them to provide a written
statement of the event. If the accused student admits to the harassing behavior, the
investigation should stop; parents should be notified; and disciplinary action should occur when
appropriate.
If the accused student does not admit to the harassing behavior, the investigation should be
broadened to include interviews of other students and staff who may have witnessed or have
personal knowledge of the alleged harassment.
All interviews shall be documented in writing and signed by witnesses in the presence of the
administrators conducting the interviews.
Because of increased public awareness of harassment and the potential for legal liability,
administrators who are dealing with serious misconduct among students should promptly inform
the superintendent and together determine whether the incident is serious enough to involve
legal counsel.
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5150(b)
Procedures for Interviewing Involved Parties
Interviewing the Complainant
The complainant should be encouraged to tell his/her story in a private setting. Depending on
the circumstances, it may be necessary and appropriate for that student to be accompanied by
a parent or guardian. Two investigators (building principal or designee, assistant principal,
guidance counselor, nurse, etc.) shall be present. The investigators should attempt to elicit
specific facts from the complainant, including the following:
• Identity of the alleged harasser
• Time and place of incident(s)
• Specific details of what the harasser did and/or said
• Names of witnesses or other harassment victims
• Specific context in which conduct occurred
• Effect of conduct on complainant (Was it perceived as a joke? Did it frighten, embarrass,
or humiliate complainant?)
• Desired consequence
The building principal shall use discretion during the investigation in determining whether to
disclose the witnesses’ identity to the accused, considering the student’s age, maturity,
emotional condition, and vulnerability to intimidation or retaliation. However, before disciplinary
action is taken, the accused harasser has a right to learn the identity of the accuser.
Interviewing the Accused Harasser(s)
The accused harasser shall be informed of the specific charges and allowed to fully explain
his/her version of the incident. The building principal and designee shall also gather specific
facts from the accused harasser, including the following:
• Time and place of incident(s)
• Specific details of what accused did and/or said
• Names of witnesses
• Specific context in which conduct occurred
• Relationship of accused to complainant, i.e., classmate, etc.
• Any prior relationship between accused and complainant, i.e., friend, etc.
• Any prior incidents between the accused and complainant or the accuser’s friends and
complainant, or the accused and friends of the complainant.
Interviewing Witnesses
The building principal or designee shall also interview any other witnesses with actual
knowledge of the incidents in the complaint or other individuals who may have been subject to
harassment by the accused.
All students and staff interviewed shall be instructed to maintain confidentiality by refraining from
discussing the investigation with others.
Principals and other staff members conducting the investigation shall refrain from sharing details
of the complaint or the investigation with witnesses.
The superintendent shall be informed of all complaints, investigations, and results of each case.
Important Considerations
The building principal must inform parents of the complaining and harassing person, using
discretion as to the appropriate time.
The State Board of Education Regulations allow educators to disclose confidential information
to students’ parents if it is believed that the health, safety, or welfare of the student or others so
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5150(c)
requires. The building principal shall consult with the superintendent before deciding whether
and/or when to inform parents. The superintendent shall determine whether the legal counsel is
to be present at any such consultation.
Note: When the accused is a student, the student’s parents must be informed if the student
is to be suspended or expelled. In other situations, the building principal must exercise
judgment whether to inform parents.
Disposition of Complaint
At the conclusion of the investigation, the results will be reported in writing to the
superintendent. The report shall include a summary of facts, conclusion, and the
recommendation for any necessary remediation or discipline, if appropriate. The complainant,
the accused, and, if either are students, their parents, will be informed generally of the results of
the investigation.
If harassment has occurred, the building principal or designee shall determine appropriate
disciplinary action, subject to the discipline code and/or other applicable law.
If no unlawful harassment has occurred, the parties and the superintendent shall be so notified.
Under no circumstances shall a record of complaint which is found to be without basis be
released to any person other than the complainant, the accused, the superintendent, and where
appropriate, the board and/or legal counsel, without consent of the accused, except by order of
the court.
If the investigation is inconclusive, the building principal shall so state in a written report. Under
no circumstances shall the accused or complainant be disciplined based upon an inconclusive
investigation.
If harassment has not occurred, and the complaint was made in bad faith, then the building
principal may take appropriate disciplinary action against the complainant.
If the accused retaliates against the complainant in any way because of the complaint, the
building principal may take appropriate disciplinary action.
Review Procedure
If the complainant or accused is not satisfied with the building principal’s decision, a written
request stating specific reasons to review the decision may be filed with the superintendent.
The superintendent or designee shall review the initial investigation and report and may also
make additional inquiries or investigations. The superintendent shall then prepare a written
response to the request for review.
Copies of the superintendent’s response shall be given to the complainant, the accused, the
building principal, and others directly involved as appropriate.
Policy Communication
Building principals shall review the harassment policy with all students in an appropriate manner
at least once each school year.
ATTACHMENT
Reviewed: March 1999
Revised: May 2009
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5150(d)
NORTH PENN SCHOOL DISTRICT
Student Harassment Report Form
DIRECTIONS: Complete the form by answering all questions. Do not be afraid to state names
and events, actual language and/or physical acts that occurred.
Remember: You have a right to be safe and protected and feel secure at school.
Name of Complainant: _______________________________________________ Date ____________
(Person making complaint)
Grade/Homeroom: ____________________Building ________________________________________
Name of person(s) who harassed you:_____________________________________________________
Date(s) of alleged incident(s):____________________________________________________________
Time(s) when behavior(s) occurred: _____________________________________________________
____________________________________________________________________________________
Place(s) where behavior(s) occurred: ____________________________________________________
____________________________________________________________________________________
Names of witnesses (if any):____________________________________________________________
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Describe the behavior(s) as clearly as possible. Include the following information: who was
involved, language used (threats, slurs, demands, requests, insults, etc.), physical contact (touching,
etc.), and any other relevant information.
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5150(e)
Describe how you felt, thought, and/or reacted to the behavior or conduct.
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How has the behavior affected your school work?
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How often has the behavior occurred?
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What is your requested remedy or desired consequence?
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I hereby certify that the information I have provided in this complaint is true, correct and complete
to the best of my knowledge and belief.
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Complainant Signature
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Date
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Building Principal
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Date
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Date
Please submit this complaint form to the building administrator.
If the building administrator is named as the alleged harasser, the student should send
the complaint form to the district compliance officer (manager of human resources) @
401 E. Hancock Street
Lansdale, PA 19446.
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