Bakersfield City School District
Instructional Support Services Division/Student Services Department
1300 Baker Street
Bakersfield, CA 93305
Information Supporting the Use of the
Response to Bullying Worksheet: Enforcement of Law and Policy
Introduction
The Response to Bullying Worksheet: Enforcement of Law and Policy (“Worksheet”) was
developed to assist school administrators to respond to complaints or other information in a legal
and policy compliant fashion when bullying may be occurring within the school’s jurisdiction1.
Bullying means any severe or pervasive physical or verbal act or conduct, including
communications made in writing or by means of an electronic act, and including one or more
acts committed by a pupil or group of pupils as defined in Education Code Section 48900.2
(sexual harassment2), 48900.3 (hate violence) or 48900.4 (harassment, threats and intimidation),
directed toward one or more pupils that has or can be reasonably predicted to have the effect of
one or more of the following: (a) placing a reasonable pupil(s) in fear of harm to that pupil's or
those pupils' person or property; (b) causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health; (c) causing a reasonable pupil to
experience substantial interference with his or her academic performance; or (d) causing a
reasonable pupil to experience substantial interference with his or her ability to participate in or
benefit from the services, activities, or privileges provided by a school. The procedures
described in the information supporting this Worksheet are applicable to an allegation,
complaint, or other information indicating one of the following offenses may have occurred:
harassment/threats/intimidation, sexual harassment2, hate violence, and bullying/cyberbullying.
Note1 Education Code 48900(s) provides a pupil may be suspended or expelled for any of the
acts enumerated in Education Code 48900 et seq. if the conduct occurred under the school
jurisdiction including but not limited to: (1) while on school grounds; (2) while going to or
coming from school; (3) during the lunch period whether on or off the campus; and (4) during, or
while going to or coming from, a school-sponsored activity (emphasis added). However, the
courts have generally upheld a school district's authority to discipline a student for off-campus
conduct when that conduct causes, or is foreseeably likely to cause, a substantial disruption of
school activities. Thus, in determining whether the school has authority to take disciplinary
action in complaints regarding off-campus conduct (e.g., cyberbullying), carefully consider and
use specific examples to document how the conduct was a significant disruption or was likely to
significantly disrupt school activities and the targeted student's educational performance.
Note2 Rape, sexual assault, sexual battery, and sexual coercion are now considered forms of
sexual harassment.
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Initiating Investigation
Immediately Report Bullying - Student. Any student who feels s/he is being or has been
bullied or who has witnessed bullying within the school’s jurisdiction, shall immediately contact
his/her teacher or any other employee, the student may file a complaint (Report of Complaint
form attached).
Promptly Report Bullying - Staff. An employee who witnesses bullying or receives a
complaint or other information that bullying may have occurred shall within 24 hours of
receiving a complaint, report it to the Principal/Designee or District Coordinator for
Nondiscrimination (Personnel Administrator) (“Principal/Coordinator”). Staff reporting
requirements remain whether or not the victim files a complaint.
Report Bullying - Parent/Community Member. An investigation into bullying will be
initiated upon receipt of information from a parent, guardian, or community member who
believes bullying may have occurred within the school’s jurisdiction. Early on decide whether to
pursue an investigation by carefully considering whether the school has jurisdiction to act. An
anonymous complaint or media report is also evaluated to determine whether it is reasonable to
pursue an investigation considering the specificity and reliability of the information, the
seriousness of the alleged incident, and whether any individuals can be identified who were
subjected to the alleged bullying.
Reports of Bullying: Off-Campus. Although off-campus conduct is not generally subject to
school discipline, investigation and disciplinary/remedy action may be warranted if off-campus
conduct poses a threat to the safety of other students, staff, or school property or presents a risk
of substantial disruption of school activities. There must be documentation of the impact or
disruption that the conduct had, or could be expected to have, on school activities. If the
misconduct involves protected student speech, the authority to act cannot be based on the content
of this protected speech.
Response to Active Act of Bullying. Although an investigation will follow the observation of
an act of bullying, what follows is a summary of the initial steps to take when observing an act of
bullying: (1) immediately stop the bullying (This may require physical intervention in a safe
manner); (2) do not send away any witness to the bullying, especially bystanders; (3) do not
immediately ask about or discuss the facts; (4) separate the accused harasser and the target
(victim); (5) during the investigation process refer to the bullying behavior and to the relevant
school rules against bullying; (6) state the behaviors you saw/heard with the witness, perpetrator,
and victim; (7) collect evidence to help determine if an action(s) is warranted; (8) let students
know bullying is unacceptable and against school rules; (9) remind each person that retaliation is
prohibited; and (9) tell each person how to file a complaint or otherwise report an occurrence of
bullying or retaliation.
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Prompt Initiation of Investigation: Bullying Allegation/Complaint. After receiving a notice
of bullying behavior, the Principal/Coordinator initiates a prompt, impartial investigation of a
bullying allegation regardless of whether a formal complaint has been filed.
Investigation Process. The Principal/Coordinator shall interview all individuals who are
relevant to the investigation. This includes, but is not limited to, the student who is complaining,
the person accused of bullying, anyone who witnessed the reported bullying, and anyone
mentioned as having relevant information. The Principal/Coordinator may take other steps such
as reviewing any records, notes, or statements related to the bullying or visiting the location
where the bullying is alleged to have taken place. Bullying and harassment are many times not
limited to one occurrence. A broad investigation extending to students and staff not identified in
the notice or complaint may be necessary to determine if a hostile environment exists. Bullying
creates a hostile environment when it is sufficiently severe, pervasive, or persistent so as to
interfere with or limit participation or benefit from services, activities, or opportunities.
Initial Interview with Student or Parent/Guardian. When a student or parent/guardian has
complained or provided information about bullying, the Principal/Coordinator shall describe the
District's grievance procedure and discuss what actions are being sought by the student in
response to the complaint. The student who is complaining shall have an opportunity to describe
the incident, identify the witnesses who may have relevant information, provide other evidence
of the bullying, and put his/her complaint in writing (see the District’s Report of Complaint
form). If the student reports an injury, clearly document the injury and seek additional
information should evidence of the injury exist outside the school. Collect contemporaneous,
specific evidence of any injuries sustained by other students and/or staff. Also, investigate any
allegations involving prior instances of behaviors. If the student victim requests confidentiality
in the investigation, inform the student that such a request may limit the District's ability to
investigate.
Communicate That Retaliation is Prohibited. Give notice and reminders to the alleged
harasser, bystanders, victims, and staff that retaliatory behavior is prohibited and there will be
consequences. Remind everyone involved of the responsibility to report conduct that may be
retaliation. In addition, the Principal/Coordinator ensures that the student victim and his/her
parent/guardian are informed of the procedures for reporting any subsequent problems.
Interim Measures. The Principal/Coordinator determines whether interim measures are needed
and then implements necessary interim (intervention) measures pending the results of the
investigation (e.g., placing students in separate classes or transferring a student to a class taught
by a different teacher).
Evidentiary Conclusions
Factors in Reaching a Determination. In reaching a decision about a bullying complaint, take
into account: (1) statements made by the persons with knowledge of the allegations; (2) the
details and consistency of each person's account; (3) evidence of how the complaining student
reacted to the incident; (4) evidence of any past instances of bullying by the alleged harasser; and
(5) evidence of any past bullying complaints that were found to be untrue. To judge the severity
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of the bullying, the Principal/Coordinator may take into consideration: (1) how the misconduct
affected student(s) education; (2) the type, frequency, and duration of the misconduct; (3) the
identity, age, and sex of the harasser and the student who complained, and the relationship
between them; (4) the number of persons engaged in the harassing conduct and at whom the
bullying was directed; (5) the size of the school, location of the incidents, and context in which
they occurred; and (6) other incidents at the school involving different students.
If the facts indicate there has been off-campus misconduct (e.g., cyberbullying) and there are
questions whether the school has jurisdiction, consider the following: (1) Is there a nexus
between the conduct (e.g., speech) and school? (2) Did the student intend for the conduct
(speech) to make its way to campus? (3) Was disruption reasonably foreseeable? (4) Could a
reasonable student make an educated inference that conduct (speech) could make its way back to
school? (5) How much disruption was created (or might be created) by the conduct (speech)?
Review the evidence and determine if the District Discipline Code has been violated (District
Code, Education Code 48900 et seq.).
If you determine bullying has or is occurring, also decide whether the bullying is sufficiently
serious that it creates a hostile school environment. Bullying creates a hostile environment when
it is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student’s
participation or benefit from services, activities, or opportunities.
Actions Following Conclusions of Investigation
Consequences/Discipline/Remedy Actions. When the Principal/Coordinator has determined
that bullying has occurred, he/she shall take prompt, appropriate action reasonably calculated to:
(1) end the bullying or harassment; (2) eliminate a hostile environment and its effects; and (3)
prevent the bullying or harassment from reoccurring. Action may include, but should not be
limited to suspension and a recommendation for expulsion for students in grades 4-8. Prior
instances of misconduct should also be followed up with appropriate consequences or
interventions. If a hostile environment exists, prompt steps are taken to establish a positive
climate. Steps are also taken to remedy the effects of the bullying on the victim helping to
ensure bullying is not encouraged, tolerated, or that bullying is failing to be adequately
addressed, or is being ignored by school employees.
Note: A “hostile environment exits” when conduct is sufficiently severe, pervasive, or persistent
so as to interfere with or limit a student’s ability to participate in, or benefit from the services,
activities or opportunities, offered by the school.
If appropriate, impose immediate consequences once it is concluded that bullying has occurred.
Consequences should be logical and connected to the offense. Counsel and, as appropriate,
discipline the harasser. Consider whether a Team for Student Success should be convened to
develop a safety plan. Give notice to staff members of what happened and to be vigilant for
bullying and retaliation. Describe the locations where the bullying may occur. Remind staff of
the requirements and methods to report bullying. Avoid requiring an apology from the harasser
to his/her victim(s). Bullying generally involves an imbalance of power. For this reason, do not
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require students to meet and “work things out.” Although such mediation may work when there
is not a power imbalance, in bullying, this approach may re-traumatize the bullied student and
generally does not improve the relationship.
Appropriate steps to end bullying may include separating the accused harasser and the target,
providing counseling for the target/victim and/or harasser, or provide training or other
interventions not only for the perpetrators, but also for the larger school community, to ensure
that all students, their families, and school staff can recognize bullying if it recurs and know how
to respond. Steps to remedy bullying or a hostile environment should not penalize the student(s)
who was harassed. For example, any separation of the target from an alleged harasser should be
designed to minimize the burden on the target’s educational program (e.g., not requiring the
target to change his or her class schedule). A school also may provide additional services to the
student who was harassed in order to address the effects of the bullying, particularly if the school
was initially delayed in responding or responded inappropriately or inadequately to information
about bullying. An effective response may also include the re-release of the District policies
against bullying and new procedures by which students, parents, and employees may report
allegations of bullying.
Finally, a school should take steps to stop further bullying and prevent any retaliation against the
person who made the complaint (or was the subject of the bullying) or against those who
provided information as witnesses. At a minimum, the school’s responsibilities include making
sure that the harassed students and their families know how to report any subsequent problems,
conducting follow-up inquiries to see if there have been any new incidents or any instances of
retaliation, and responding promptly and appropriately to address continuing or new problems.
Bystanders. Include bystanders to the bullying in the conversation about preventing and
responding to bullying to include: (1) giving guidance about how they may appropriately
intervene or get help next time; (2) encouragement to take a more active or pro-social role; and
(3) supporting the bullied child in a way that allows him/her to feel cared for and safe from
retaliation.
Documentation. A record of all reported cases of bullying shall be maintained to enable the
District to monitor, address, and prevent repetitive harassing behavior in its schools. These
records should include all complaints, notices, or other information alleging bullying has
occurred, the investigation findings, the actions taken to remedy bullying incidents or the
presence of a hostile environment, and follow-up procedures. To illustrate, documentation
should be maintained on the witnesses interviewed and their reports, the range of the
investigation (e.g., number and role of witness), conferences, investigation findings and
conclusions, conferences, letters and reports, attachments, written information provided,
evidence relied upon, the conclusion to support a decision not to investigate or pursue
allegations, and the steps taken to help ensure the bullying issue has been addressed.
Follow-up Actions and Documentation
Communication. In many cases, it is advisable to provide written communication to the parent
of the alleged victim. When the school initially becomes aware of a bullying allegation and a
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victim(s) has been identified, the letter should contain, at a minimum, the following message.
“Please be aware the District staff members take seriously any allegation a student has
experienced bullying or mistreatment at school. We are immediately opening a full investigation
into the allegations <name of student> has been bullied or mistreated.”
Disclosures. All complaints and allegations of bullying shall be kept confidential except as
necessary to carry out the investigation or take other subsequent required action to stop the
bullying and restore a positive school environment. When necessary to carry out his/her
investigation or to protect the students’ safety, the Principal/Coordinator may discuss the
complaint with the Superintendent/designee, the parent/guardian of the student who complained,
the parent/guardian of the alleged harasser if the alleged harasser is a student, a teacher or staff
member whose knowledge of the students involved may help in determining who is telling the
truth, law enforcement, and/or child protective services, and District legal counsel.
Communicate Again Retaliation is Prohibited. Give notice and reminders to the harasser,
bystanders, victims, and staff that retaliatory behavior is prohibited and there will be
consequences. Remind these persons of the responsibility to report conduct that may be
retaliation. In addition, the Principal/Coordinator ensures that the harassed student and his/her
parent/guardian are informed of the procedures for reporting any subsequent problems.
Monitor Re-Occurrence of Misconduct and Retaliatory Behavior. Check to determine if
retaliatory behavior or action is occurring against any person who files a complaint, testifies,
provides information, or otherwise participates in District complaint processes. Also conduct
periodic checks on the success of all action plans implemented to stop misconduct and to
improve the school environment.
Written Report on Findings and Follow-Up. No more than 30 days after receiving the
complaint or notice, the Principal/Coordinator must conclude the investigation and prepare a
written report of his/her findings. This timeline may be extended for good cause. If an extension
is needed, the Principal/Coordinator shall notify the student who complained and explain the
reasons for the extension. The report shall summarize the steps taken during the investigation;
include the conclusions of the investigation, and the reasons for the decision. If it is determined
that bullying occurred; the report shall also include any corrective actions that have or will be
taken to address the bullying and prevent any retaliation or further bullying. This report shall be
presented to the student who complained, the parents/guardians of the student who complained,
the person accused, and the Director of School Support.
Finally, a school should take steps to stop further bullying and prevent any retaliation against the
person who made the complaint (or was the subject of the bullying) or against those who
provided information as witnesses. At a minimum, the school’s responsibilities include making
sure that the harassed students and their families know how to report any subsequent problems,
conducting follow‐up inquiries to see if there have been any new incidents or any instances of
retaliation, and responding promptly and appropriately to address continuing or new problems.
The Principal/Coordinator conducts follow-up inquiries to see if there have been any new
incidents or retaliation and shall keep a record of when these occurred and what was found.
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References:
Hoonanian, A. (February 15, 2012) Best Practices to Prevent Litigation from Behavior
Interventions, Student Discipline, and Bullying (PowerPoint) Long Beach, CA: Dannis Woliver
Kelly
Dear Colleague Letter: Prohibited Disability Harassment (2000):
http://www.ed.gov/about/offices/list/ocr/docs/disabharassltr.html
Dear Colleague Letter: Bullying in Schools (2010)
http://www2.ed.gov/print/about/offices/list/ocr/letters/colleague-201010.html
Dear Colleague Letter: Sexual Harassment Issues (2006):
http://www2.ed.gov/about/offices/list/ocr/letters/sexhar‐2006.html
Sexual Harassment: It’s Not Academic (Revised 2008):
http://www.ed.gov/about/offices/list/ocr/docs/ocrshpam.html
Racial Incidents and Harassment Against Students (1994):
http://www.ed.gov/about/offices/list/ocr/docs/race394.html
Bakersfield City School District Board Policy 601.1, Conduct of Pupils
Bakersfield City School District Board Policy 601.2, Bullying
Bakersfield City School District Board Policy 601.3, Suspension
Bakersfield City School District Board Policy 601.6, Sexual Harassment of and by Students
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BAKERSFIELD CITY SCHOOL DISTRICT
Education Center – 1300 Baker Street
Bakersfield, CA 93305
REPORT OF COMPLAINT
Person Making
Complaint
Address
Date
Zip
Phone
School/Department
Involved
Student(s)
Involved
Person(s) Complained
About
Date(s) Incident(s)
Occurred
Witness(es) to
Incident(s)
Briefly state complaint including any attempt, if applicable, to discuss the complaint with the person(s)
complained about and the failure to resolve the matter:
Suggestions for Correction of Matter Complained About (Optional):
Signature of Person Making Complaint __________________________________________________
Note: Matters which are covered by collectively negotiated agreements are not subject to this procedure unless specifically stated in
the agreement. Certificated bargaining unit members must receive written notification of the complaint within fifteen
workdays of the event giving rise to the complaint, unless law enforcement officials direct otherwise. Complaints of alleged
unlawful discrimination shall be initiated no later than six (6) months from the date the alleged discrimination occurred or the date
the complainant first obtained knowledge of the facts of the alleged discrimination unless the time for filing is extended by the
Superintendent, upon written request of the complainant setting forth the reasons for the extension.
p. 9
BAKERSFIELD CITY SCHOOL DISTRICT
Education Center – 1300 Baker Street
Bakersfield, CA 93305
REPORTE DE UNA QUEJA
Persona Presentando la
Queja
Domicilio
Fecha
Zona
Postal
Núm. De
Teléfono
Escuela/Departamento
Involucrado
Estudiante(s)
Involucrado(s)
Persona(s) de Quien(es) se
Queja
Fecha(s) en que Ocurrió/Ocurrieron el/los
Incidente(s)
Testigo(s) del/los
Incidente(s)
Explique brevemente su queja incluyendo el intento que se hizo, si aplica, para discutir la queja con la(s)
persona(s) de quien(es) tiene queja y la falta de solución al problema:
(Opcional) Sugerencias para Corregir el Problema que ocasionó la Queja:
Firma de la Persona que Presenta la Queja
_____________________________________________________________
Nota: Los asuntos que están cubiertos por los acuerdos negociados colectivamente no están sujetos a este procedimiento a
menos que esté estipulado específicamente en el acuerdo. Los miembros titulados de la unidad de negociación deben recibir una
notificación por escrito de la queja dentro de un período de quince días hábiles de trabajo a partir del suceso que ocasionó la queja,
a menos que oficiales de las autoridades lo indiquen de otra manera. Las quejas que alegan discriminación ilegal deberán ser
iniciadas no más tarde de un perίodo de seis (6) meses a partir de la fecha en que ocurrió la discriminación alegada o la fecha en
que la persona quien presenta la queja obtuvo conocimiento de los hechos de la discriminación alegada a menos de que el tiempo
para presentar la queja sea extendida por la Superintendente, al así solicitarlo la persona que presenta la queja exponiendo las
razones para la extensión.