HomeMy WebLinkAboutRes 17-14 WA Amending the Bullying policy WESTLAKE ACADEMY
RESOLUTION 17-14
A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES
AMENDING BULLYING POLICY 3.03, TO DEFINE BULLYING PURSUANT TO THE
TEXAS EDUCATION AGENCY.
WHEREAS, the Texas Education Agency changed the definition of bullying in the 82nd
Legislative Session of the Texas Legislature and,
WHEREAS, bullying can threaten a student's physical and emotional safety at school;
and,
WHEREAS,bullying can negatively impact a student's ability to learn; and,
WHEREAS, Westlake Academy is required by the Texas Education Agency to adopt the
new definition of bullying; and,
WHEREAS,the Board of Trustees finds that the passage of this Resolution is in the best
interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake
Academy.
NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Board of Trustees Westlake Academy, hereby approves the new
bullying policy for Westlake Academy attached to this resolution as Exhibit `A':
SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 17-14
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SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 11th DAY OF SEPTEMBER 2017.
Laura Wheat, President
ATTEST:
Kelp Ed s, Board Secretary osy�A OF L1jFs� homas E. 1 ry ; S,y erintendent
APPROVED AS TO FORM: 7
,,.�tlJanetBubert or L. ton Lo Fk A g
Scho Attorney
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Exhibit A
TOWN OF WESTLAKE
WESTLAKE ACADEMY
BOARD OF TRUSTEES POLICY
Policy No. 3.03:
Date Board Adopted: August 3, 2009
Date Board Amended: September 11, 2017
Effective Date: September 11, 2017
Policy Category: Parent, Student and Faculty Relations and Expectations
Policy Name: Bullying Policy
Policy Goal: Creation of a supportive and safe learning environment
Policy Description:
Westlake Academy policy and procedures are designed to promote a safe and
productive learning environment. Westlake Academy shall prohibit bullying, including
cyberbullying, as defined by applicable law, Texas Education Code 37.0832, and this
policy. The procedures necessary to implement this policy will be published in the
Parent/Student Handbook and on the Academy website.
Prohibited Conduct
Bullying, which includes cyberbullying, means a single significant act or a pattern of acts
by one or more students directed at another student that exploits an imbalance of power
and involves engaging in written or verbal expression, expression through electronic
means, or physical conduct that:
1. Has the effect or will have the effect of physically harming a student,
damaging a student's property, or placing a student in reasonable fear of
harm to the student's person or of damage to the student's property;
2. Is sufficiently severe, persistent, or pervasive enough that the action or
threat creates an intimidating, threatening, or abusive educational
environment for a student;
3. Materially and substantially disrupts the educational process or the orderly
operation of a classroom or school; or
4. Infringes on the rights of the victim at school.
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Cyberbullying means bullying that is done through the use of any electronic
communication device, including through the use of a cellular or other type of telephone,
a computer, a camera, electronic mail, instant messaging, text messaging, a social
media application, an Internet website, or any other Internet-based communication tool.
The prohibited conduct identified in this policy applies to:
1. Bullying that occurs on or is delivered to school property or to the site of a
school-sponsored or school-related activity on or off school property;
2. Bullying that occurs on a publicly or privately-owned school bus or vehicle
being used for transportation of students to or from school or a school-
sponsored or school-related activity; and
3. Cyberbullying that occurs off school property or outside of a school-
sponsored or school-related activity if the cyberbullying:
a. Interferes with a student's educational opportunities; or
b. Substantially disrupts the orderly operation of a classroom, school,
or school-sponsored or school-related activity.
Westlake Academy prohibits retaliation against any person, including a victim, a
witness, or another person, who in good faith makes a complaint or who is involved in
an investigation concerning an incident of alleged bullying.
A student who intentionally makes a false claim, provides false information, or refuses
to cooperate with an investigation regarding bullying shall be subject to appropriate
disciplinary action.
Procedures for Reporting & Investigating Bullying Complaints
Complaints about bullying conduct should be made as soon as possible after prohibited
conduct occurs using the procedures identified in the Westlake Academy
Parent/Student Handbook. Failure to timely report may impair the Academy's ability to
investigate and effectively address the conduct.
Westlake Academy will establish procedures for reporting and investigating bullying
complaints, which will be included in the Parent/Student Handbook and available on the
Academy's website. The procedures shall include:
1. Actions a student should take to obtain assistance and intervention in
response to bullying;
2. Procedures for reporting an incident of bullying or cyberbullying, including
a procedure for a student to anonymously report an incident of bullying;
3. Procedures for providing notice of an incident of alleged bullying to:
a. A parent or guardian of the alleged victim on or before the third
business day after the date the incident is reported; and
b. A parent or guardian of the alleged bully within a reasonable
amount of time after the incident;
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4. Procedures for investigating a reported incident of bullying, including
taking prompt interim action calculated to prevent bullying during the
course of an investigation, if appropriate;
5. Procedures for determining whether the reported incident of bullying
occurred, reporting the investigation findings, and appealing the findings of
the investigation;
6. Opportunities for access to counseling for a student who is a victim of or a
witness to bullying or who engages in bullying.
Academy staff shall take all reasonable measures to respect the privacy of a
complainant, a person against whom a complaint is filed, and any witnesses or persons
contributing information to a bullying investigation. However, limited disclosures may be
necessary in order to conduct a thorough investigation.
Disciplinary Consequences
If the results of an investigation indicate that bullying occurred, the Academy shall
impose appropriate disciplinary consequences in accordance with the Westlake
Academy Code of Conduct and may take other corrective action that is reasonably
calculated to address the conduct. In the event an investigation concludes that
improper conduct occurred that did not rise to the level of bullying, as defined by this
policy, the Academy may take appropriate action in accordance with the Student Code
of Conduct or any other corrective action deemed appropriate by Academy
administrators.
Any conduct that constitutes bullying, including cyberbullying, shall be considered a
serious offense that may result in a student's expulsion from Westlake Academy.
A student shall be expelled if the student:
1. Engages in bullying that encourages a student to commit or attempt to
commit suicide;
2. Incites violence against a student through group bullying; or
3. Releases or threatens to release intimate visual material of a minor or a
student who is 18 years of age or older without the student's consent.
Westlake Academy will not impose disciplinary action against a student who, after an
investigation, is found to be a victim of bullying, on the basis of that student's use of
reasonable self-defense in response to the bullying.
Any disciplinary action related to bullying imposed on a student with a disability will
comply with applicable requirements under federal law, including the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.).
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