Bullying & Harassment
Iowa Code section 280.28
Harassment and bullying shall be construed to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:
- Places the student in reasonable fear of harm to the student’s person or property
- Has a substantially detrimental effect on the student’s physical or mental health
- Has the effect of substantially interfering with a student’s academic performance.
- Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by the school.
The hostile environment is an Intentional Act; AND 2. Unwelcome; AND 3. Harm Occurs; AND 4. Conduct is Severe, Persistent OR Pervasive; AND 5. Unreasonably Interferes with Education THROUGH the 4 conditions. Severe, persistent, and persuasive are defined below.
Severe: Inflicts unreasonable physical discomfort /distress -Single action -Typically indicative of physical aggression with injury, serious bodily harm or the threat of either
Persistent: Repeatedly
Pervasive: Is diffused through the environment. Behavior is “everywhere” for target.