Policies

No person shall on the basis of race, ethnicity, color, religion, sex, gender, gender identity, sexual orientation, national origin, disability, age, genetic information, pregnancy, or marital status, be excluded from participation in, be denied the benefits of, or be subjected to harassment or discrimination under, any educational program or activity or work environment. This practice shall apply equally to students, employees, applicants for employment and all persons having business with the School Board. The District also provides equal access to its facilities to the Boy Scouts and other patriotic youth groups, as required by the Boy Scouts of America Equal Access Act.
The School Board complies with the Immigration Reform and Control Act of 1986 and Florida Statute 448.095. Employers are required to verify the identity and employment eligibility of all hires after November 1986. Employees are required to provide acceptable documents that establish identity and employment eligibility within the United States. After initial employment, it is the responsibility of the employee to provide the Human Resources Department with updated employment eligibility documents/information as required by immigration law prior to the expiration date of their current employment eligibility documents.

The following person has been designated to handle inquiries regarding non-discrimination policies:

Holly Buchanan - Executive Director of Human Resources

buchahd@bay.k12.fl.us

850-767-4100

This policy is included in the Student Handbook

(Bay District School Board Policy 5136)

For purposes of this policy, Wireless Communication Devices (WCDs) include, but are not limited to, cell phones, tablets, and auxiliary/ancillary devices such as watches and ear buds.

A student may possess a WCD on Board property, on school transportation and at school activities, provided that the WCD is powered off and concealed during school hours. The use of WCDs is prohibited during the school day (from the first morning bell to dismissal) unless expressly directed by a teacher solely for educational purposes, or within a location designated by the Principal with the express permission of a school administrator. All WCDs must be powered completely off (i.e., not just placed into vibrate or silent mode) and stored out of sight in the student’s backpack or purse during the school day.

School administrators are empowered to request and enforce that the WCD is powered off and concealed at their discretion at any time a student is on Board property, including outside school hours.

Violations of the cell phone policy may result in discipline and confiscation of the WCD. Discipline will be imposed on an escalating scale ranging from a warning to an expulsion based on the number of previous violations and/or the nature of or circumstances surrounding a particular violation. If the WCD is confiscated, it can either be released/returned to the student or to the student's parent/guardian at the end of the day, or after the student complies with any other disciplinary consequences that are imposed, unless the violation involves potentially illegal activity in which case the WCD may be turned over to law enforcement. If multiple offenses occur, a student may lose the privilege to bring a WCD to school for a designated length of time or on a permanent basis.

A confiscated device will be marked in a removable manner with the student's name and held in a secure location in the building's central office until it is retrieved by the parent/guardian or turned over to law enforcement. School officials will not search or otherwise tamper with WCDs in District custody unless they reasonably suspect that the search is required to discover evidence of a violation of the law or other school rules. Any search will be conducted in accordance with Policy 5771 – Search and Seizure.

Students may not receive discipline if they use a WCD in accordance with the student’s IEP or Section 504 Plan. A student may also be permitted use of a WCD or to monitor a health condition that is documented through medical records provided to the school for inclusion in a Health Plan.
The School Board is not responsible for theft, loss, or damage to cell phones or other electronic devices brought onto its property.

This policy is included in the Student Handbook

(Bay District School Board Policy 5600)

The School Board acknowledges that conduct is closely related to learning - an effective instructional program requires an orderly school environment and the effectiveness of the educational program is, in part, reflected in the behavior of students.

The Board believes that the best discipline is self-imposed and that students should learn to assume responsibility for their own behavior and the consequences of their actions.
All school personnel shall be informed and responsible for all Board administrative procedures concerning discipline. All school personnel shall become involved in the discipline process anywhere on campus or at school functions off campus. A good faith effort shall be made by the principal to employ parental assistance or other alternative measures prior to suspension.

Students are under the control and direction of the principal and under the immediate control and direction of the teacher or other member of the instructional staff or bus driver to whom such responsibility may be assigned by the principal:

● when they are being transported to or from school at public expense;
● when they are attending school;
● when they are engaged in a school-sponsored activity, and on the school premises; and
● during a reasonable time before and after a student is on the premises for attendance at school or for authorized participation in a school-sponsored activity, and only when on the premises. A "reasonable time" means thirty (30) minutes before or after the school day or school-sponsored activity is scheduled or actually begins or ends, whichever period is longer.

The Board shall also require each student of this District to:
● conform to reasonable standards of socially acceptable behavior;
● respect the person and property of others;
● preserve the degree of order necessary to the educational program in which they are engaged;
● respect the rights of others.

The Board will not tolerate any form of violence, disruptive, or inappropriate behavior, nor excessive truancy which it defines as more than fifteen (15) unexcused absences within a ninety (90) calendar day period. In addition to disciplinary action specified in the parent/student handbooks, the Superintendent shall develop strategies that will help prevent students from demonstrating any of these unacceptable behaviors.

The Superintendent shall promulgate administrative procedures for student conduct which carry out the purposes of this policy and:
• are not arbitrary but bear a reasonable relationship to the need to maintain a school environment conducive to learning;
• do not discriminate among students.
• do not demean students;
• do not tend to violate any individual rights constitutionally guaranteed to students.

The Superintendent shall designate sanctions for the infractions of rules, excluding corporal punishment, which shall:
1. relate in kind and degree to the infraction;
2. help the student learn to take responsibility for his/her actions;
3. be directed, where possible, to reduce the effects of any harm which may have been caused by the student's misconduct.

The Superintendent shall publish to all students and their parents the rules of this District regarding student conduct and the sanctions which may be imposed for breach of those rules.

The Superintendent shall inform the Board periodically of the methods of discipline imposed by this District and the incidence of student misconduct in such a degree of specificity as shall be required by the Board.
Principals shall have the authority to assign discipline to students, subject to Board policy, the administrative procedures of the Superintendent and to the student's due process right to notice, hearing, and appeal.

Teachers, school bus drivers, and other employees of this Board having authority over students shall have the authority to take such means as may be necessary to control the disorderly conduct of students in all situations and in all places where such students are within the jurisdiction of this Board and when such conduct interferes with the educational program of the schools or threatens the health and safety of others.

This policy is included in the Student Handbook

In accordance with state statutes, registered sexual predators and sexual offenders must register with the Department of Law Enforcement.  Convicted sex offenders from out of state must register in Florida within 48 hours of establishing residence.

The Florida Department of Law Enforcement has set a web site for interested parties to search their database.  This database may be used to find sex offenders and predators by either name, address, city, county, or zip code.  That site is:

http://offender.fdle.state.fl.us/offender/homepage.do

FDLE has also established a toll-free number (1-888-FL-PREDATOR) or (1-888-357-7332) that allows the public to request information about Sexual Predators and Sex Offenders living in their communities and around the state.  Requests may be made between the hours of 8am and 7pm, Monday through Friday.

(Bay District School Board Policy 5771)

The School Board is committed to assisting the sheriff and chiefs of police with their statutory requirement for mandatory community notification of sexual predators and optional community notification with regard to sex offenders as required by the Public Safety Information Act, 1997.

Distribution of Information Provided to School
All posters and/or other information provided directly to schools by the sheriff or chief of police will be maintained by the school for review by parents, students, and other members of the public. This is a means of notification to schools for the purpose of community notification within each law enforcement jurisdiction and is meant to be supplemental.

Resource Information
Upon request the District will provide direction to assist parents, students, and other members of the public with phone numbers, websites, addresses of law enforcement agencies, and other appropriate governmental organizations to provide more detail concerning sex offender/sexual predator identification.

Schools utilize the Raptor Volunteer/Visitor Management System to provide information to the Sexual Offender database to alert school and District administration if an offender or predator match is found on school grounds. All visitors, volunteers, and contractors are required to sign in upon arrival to campus through the Raptor Volunteer/Visitor Management System.

Public Posting of Sex Offender/Sexual Predator Information

Students, parents, and staff have the availability to view sexual predator information that is provided through the FDLE Sexual Offenders and Predators Search website or to sign up for the Florida Offender Alert System through FDLE by visiting https://offender.fdle.state.fl.us/offender/sops/search.jsf or https://floridaoffenderalert.com/.

Public Meetings
School(s) will assist law enforcement jurisdictions with public meetings with regard to community notification by providing space for the meetings when such facilities are requested of the principal. The content and general conduct of the meeting is the responsibility of the local law enforcement jurisdiction.

Direct Public Notification by Schools
A. It is the legislated responsibility of the sheriff or chief of police to make direct community notification, with regard to sex offenders and/or sexual predators. In an effort to be consistent with the statute, neither the District office nor the schools will engage in direct public notification.
B. Schools will continue to use newsletters and other informational sources to alert parents and students with regard to issues of student safety.

Sexual Harassment: “Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:
A. A Board employee conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (often called “quid pro quo” harassment);
B. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
C. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)A(v), or “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). “Sexual assault” means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes rape, sodomy, sexual assault with an object, fondling, incest, and statutory rape.
  1. Rape is the carnal knowledge of a person (i.e., penetration, no matter how slight, of the genital or anal opening of a person), without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  2. Sodomy is oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  3. Sexual Assault with an Object is using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia. 4. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
  5. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by State law.
  6. Statutory Rape is sexual intercourse with a person who is under the statutory age of consent as defined by State law.
  7. Consent refers to words or actions that a reasonable person would understand as agreement to engage in the sexual conduct at issue. A person may be incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. A person who is incapacitated is not capable of giving consent.
  8. Incapacitated refers to the state where a person does not understand and/or appreciate the nature or fact of sexual activity due to the effect of drugs or alcohol consumption, medical condition, disability, or due to a state of unconsciousness or sleep.
D. “Domestic violence” includes felony or misdemeanor crimes of violence committed by:
  1. a current or former spouse or intimate partner of the victim
  2. a person with whom the victim shares a child in common
  3. a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner
  4. a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime occurred
  5. any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime occurred
E. “Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
F. “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to – (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress. For the purposes of this definition:
  1. Course of conduct means two or more acts, including, but not limited to acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
  2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
  3. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Complainant: “Complainant” means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.

Respondent: “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment.

Formal Complaint: “Formal Complaint” means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that the District investigate the allegation(s) of Sexual Harassment. At the time of filing a Formal Complaint with the District, a Complainant must be participating in or attempting to participate in the District’s education program or activity. A “document filed by a complainant’’ means a document or electronic submission (such as by electronic mail or through an online portal that the Board provides for this purpose) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint. Where the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator is not a Complainant or a party to the Formal Complaint and must not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

Actual Knowledge: “Actual knowledge” means notice of Sexual Harassment or allegations of Sexual Harassment to the District’s Title IX Coordinator, or any District official who has authority to institute corrective measures on behalf of the Board, or any Board employee. The mere ability or obligation to report Sexual Harassment or to inform a student about how to report Sexual Harassment, or having been trained to do so, does not qualify an individual as one who has the authority to institute corrective measures on behalf of the District. “Notice” includes, but is not limited to, a report of Sexual Harassment to the Title IX Coordinator. This standard is not met when the only District official with actual knowledge is the Respondent.

Supportive Measures: “Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment or deter Sexual Harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, school/campus escort services, mutual restrictions of contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus (including school buildings and facilities), referral to Employee Assistance Program, and other similar measures.
Education Program or Activity: “Education program or activity” refers to all operations of the District, including but not limited to in-person and online educational instruction, employment, extracurricular activities, athletics, performances, and community engagement and outreach programs. The term applies to all activity that occurs on school grounds or on other property owned or occupied by the Board. It also includes locations, events, and circumstances that take place off-school property/grounds over which the Board exercises substantial control over both the Respondent and the context in which the Sexual Harassment occurs.

School District community: “School District community” refers to students and Board employees (i.e., administrators, professional, and classified staff), as well as Board members, agents, volunteers, contractors, or other persons subject to the control and supervision of the Board.

Third Parties: “Third Parties” include, but are not limited to, guests and/or visitors on School District property (e.g., visiting speakers, participants on opposing athletic teams, parents), vendors doing business with, or seeking to do business with the Board, and other individuals who come in contact with members of the School District community at school-related events/activities (whether on or off District property).
Inculpatory Evidence: “Inculpatory evidence” is evidence that tends to establish a Respondent’s responsibility for alleged Sexual Harassment.

Exculpatory Evidence: “Exculpatory evidence” is evidence that tends to clear or excuse a Respondent from allegations of Sexual Harassment.

Day(s): Unless expressly stated otherwise, the term “day” or “days” as used in this policy means calendar day(s) (i.e., excluding State-recognized holidays),

Eligible Student: “Eligible Student” means a student who has reached eighteen (18) years of age or is attending an institution of postsecondary education.

Coercion: means the exploitation of authority, use of bribes, threats of force, or intimidation to gain cooperation or compliance.

Complaints Involving Postsecondary Education Program
In addition to the rules and processes within this policy, formal complaints involving any postsecondary education program or activity related to Tom P. Haney Technical Center shall also be governed by Policy 2266.01. To the extent there are any inconsistencies between this policy and Policy 2266.01, Policy 2266.01 shall control.

Grievance Process
The Board is committed to promptly and equitably resolving student and employee complaints alleging Sexual Harassment. The District’s response to allegations of Sexual Harassment will treat Complainants and Respondents equitably, including providing supportive measures to the Complainant and Respondent, as appropriate, and following this Grievance Process before imposition of any disciplinary sanctions or other actions, other than supportive measures, against the Respondent.

The Title IX Coordinator(s), along with any investigator(s), decision-maker, or any person(s) designated to facilitate an informal resolution process, shall not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

If a determination of responsibility for Sexual Harassment is made against the Respondent, the Board will provide remedies to the Complainant. The remedies will be designed to restore or preserve equal access to the District’s education program or activity. Potential remedies include, but are not limited to, individualized services that constitute supportive measures. Remedies may also be disciplinary or punitive in nature and may burden the Respondent.

Report of Sexual Discrimination/Harassment
Any person may report sex discrimination, including Sexual Harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or Sexual Harassment), in person, by mail, by telephone, or by electronic mail, using the Title IX Coordinator’s(s’) contact information listed above, or by any other means that results in the Title IX Coordinator receiving the person’s oral or written report. Reports may be made at any time (including during non-business hours), by using the telephone number(s) or electronic mail address(es), or by mail to the office address(es), listed for the Title IX Coordinator(s).

Students, Board members, and Board employees are required, and other members of the School District community, and Third Parties) are encouraged, to report allegations of sex discrimination or Sexual Harassment promptly to the/a Title IX Coordinator or to any Board employee, who will in turn notify the/a Title IX Coordinator. Reports can be made orally or in writing and should be as specific as possible. The person making the report should, to the extent known, identify the alleged victim(s), perpetrator(s), and witness(es), and describe in detail what occurred, including date(s), time(s), and location(s).

If a report involves allegations of Sexual Harassment by or involving the Title IX Coordinator, the person making the report should submit it to the Superintendent or another Board employee who, in turn, will notify the Superintendent of the report. The Superintendent will then serve in place of the Title IX Coordinator for purposes of addressing that report of Sexual Harassment.

The Board does business with various vendors, contractors, and other third parties who are not students or employees of the Board. Notwithstanding any rights that a given vendor, contractor, or third-party Respondent may have under this policy, the Board retains the right to limit any vendor’s, contractor’s, or third-party’s access to school grounds for any reason. The Board further retains all rights it enjoys by contract or law to terminate its relationship with any vendor, contractor, or third party, irrespective of any process or outcome under this policy.

A person may file criminal charges simultaneously with filing a Formal Complaint. A person does not need to wait until the Title IX investigation is completed before filing a criminal complaint. Likewise, questions or complaints relating to Title IX may be filed with the U.S. Department of Education’s Office for Civil Rights at any time.
Any allegations of Sexual Misconduct/Sexual Activity not involving Sexual Harassment will be addressed through the procedures outlined in Board policies and/or administrative procedures, the applicable Student Code of Conduct, applicable collective bargaining agreement, and/or Employee/Administrator Handbook.

Because the Board is considered to have actual knowledge of Sexual Harassment or allegations of Sexual Harassment if any Board employee has such knowledge, and because the Board must take specific actions when it has notice of Sexual Harassment or allegations of Sexual Harassment, a Board employee who has independent knowledge of or receives a report involving allegations of sex discrimination and/or Sexual Harassment must notify the/a Title IX Coordinator promptly upon learning the information or receiving the report. The Board employee must also comply with mandatory reporting responsibilities regarding suspected abuse, abandonment, or neglect of a child pursuant to F.S. 39.201 and Policy 8462 – Student Abuse, Abandonment, and Neglect, if applicable. If the Board employee’s knowledge is based on another individual bringing the information to the Board employee’s attention and the reporting individual submitted a written complaint to the Board employee, the Board employee must provide the written complaint to the Title IX Coordinator.

If a Board employee fails to report an incident of Sexual Harassment of which the Board employee is aware, the Board employee may be subject to disciplinary action, up to and including termination.

When a report of Sexual Harassment is made, the Title IX Coordinator shall promptly contact the Complainant (including the parent/guardian if the Complainant is under eighteen (18) years of age or under guardianship) to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a Formal Complaint, and explain to the Complainant the process for filing a Formal Complaint. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Any supportive measures provided to the Complainant or Respondent shall be maintained as confidential, to the extent that maintaining such confidentiality will not impair the ability of the District to provide the supportive measures.

Emergency Removal: Subject to limitations and/or procedures imposed by State and/or Federal law, the District may remove a student Respondent from its education program or activity on an emergency basis after conducting an individualized safety and risk analysis. The purposes of the individualized safety and risk analysis is to determine whether the student Respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment that justifies removal. Wherever possible, the student Respondent will be placed in another educational setting during the Emergency Removal period to ensure continued access to the Respondent's education. If the District determines the student Respondent poses such a threat, it will so notify the student Respondent. In all cases in which an emergency removal is imposed, the student and parent will be given notice of the action and the option to request a Removal Review Meeting with the Title IX Coordinator, or as soon thereafter as reasonably possible, to demonstrate why the removal should not be implemented or should be modified. The Removal Review Meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. If a Removal Review Meeting is not requested within two school days, objections to the emergency removal will be deemed waived.

If the Respondent is a non-student employee, the District may place the Respondent on administrative leave during the pendency of the grievance process.

For all other Respondents, including other members of the School District community and Third Parties, the Board retains broad discretion to prohibit such persons from entering onto its school grounds and other properties at any time and for any reason, whether after receiving a report of Sexual Harassment or otherwise.

Formal Complaint of Sexual Harassment
A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information set forth above If a Formal Complaint involves allegations of Sexual Harassment by or involving the Title IX Coordinator, the Complainant should submit the Formal Complaint to the Superintendent, who will designate another person to serve in place of the Title IX Coordinator for the limited purpose of implementing the grievance process with respect to that Formal Complaint.

When the Title IX Coordinator receives a Formal Complaint or signs a Formal Complaint, the District will follow its Grievance Process, as set forth herein. Specifically, the District will undertake an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and provide that credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

It is a violation of this policy for a Complainant(s), Respondent(s), and/or witness(es) to knowingly making false statements or knowingly submitting false information during the grievance process, including intentionally making a false report of Sexual Harassment or submitting a false Formal Complaint. The Board will not tolerate such conduct, which is a violation of the Student Code of Conduct or by Board policy and administrative procedure.

The Respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

Timeline
The District will seek to conclude the grievance process, including resolving any appeals, within sixty (60) days of receipt of the Formal Complaint.

If the Title IX Coordinator offers informal resolution processes, the informal resolution processes may not be used by the Complainant or Respondent to unduly delay the investigation and determination of responsibility. The timeline, however, may be subject to a temporary delay of the grievance process or a limited extension for good cause with written notice to the Complainant and the Respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; and the need for language assistance or an accommodation of disabilities. The Title IX Coordinator will provide the parties with reasonable updates on the status of the grievance process.

Upon receipt of a Formal Complaint, the Title IX Coordinator will provide written notice of the following to the parties who are known:
A. Notice of the Board’s grievance process, including any informal resolution processes;
B. Notice of the allegations of misconduct that potentially constitutes Sexual Harassment as defined in this policy, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident, if known. The written notice must:
  1. include a statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the grievance process;
  2. inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence.
  3. inform the parties of any provision in the Student Code of Conduct, this policy, and administrative procedure that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, during the course of the investigation, the investigator becomes aware of allegations about the Complainant or Respondent that are not included in the original notice provided to the parties, the investigator will notify the Title IX Coordinator and the Title IX Coordinator will decide whether the investigator should investigate the additional allegations; if the Title IX Coordinator decides to include the new allegations as part of the investigation, the Title IX Coordinator will provide notice of the additional allegations to the parties whose identities are known.

Dismissal of a Formal Complaint
The District shall investigate the allegations in a Formal Complaint, unless the conduct alleged in the Formal Complaint:
A. would not constitute Sexual Harassment (as defined in this policy) even if proved
B. did not occur in the District’s education program or activity
C. did not occur against a person in the United States.

If one of the preceding circumstances exist, the Title IX Coordinator shall dismiss the Formal Complaint. If the Title IX Coordinator dismisses the Formal Complaint due to one of the preceding reasons, the District may still investigate and take action with respect to such alleged misconduct pursuant to another provision of an applicable code of conduct, Board policy, and/or Employee/Administrator Handbook.

The Title IX Coordinator may dismiss a Formal Complaint, or any allegations therein, if at any time during the investigation:
A. a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;
B. the Respondent is no longer enrolled in the District or employed by the Board; or
C. specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.

If the Title IX Coordinator dismisses a Formal Complaint or allegations therein, the Title IX Coordinator must promptly send written notice of the dismissal and the reason(s) therefor simultaneously to the parties.

Consolidation of Formal Complaints
The Title IX Coordinator may consolidate Formal Complaints as to allegations of Sexual Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of Sexual Harassment arise out of the same facts or circumstances.

Where a grievance process involves more than one Complainant or more than one Respondent, references in this policy to the singular ‘‘party,’’ ‘‘Complainant,’’ or ‘‘Respondent’’ include the plural, as applicable.

Informal Resolution Process
Under no circumstances shall a Complainant be required as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, to waive any right to an investigation and adjudication of a Formal Complaint of Sexual Harassment. Similarly, no party shall be required to participate in an informal resolution process.

If a Formal Complaint is filed, the Title IX Coordinator may offer to the parties an informal resolution process. If the parties mutually agree to participate in the informal resolution process, the Title IX Coordinator shall designate a trained individual to facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication. The informal resolution process may be used at any time prior to the decision-maker reaching a determination regarding responsibility.

If the Title IX Coordinator is going to propose an informal resolution process, the Title IX Coordinator shall provide to the parties a written notice disclosing:
A. the allegations;
B. the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations; and
C. any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

Any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the Formal Complaint.

Before commencing the informal resolution process, the Title IX Coordinator shall obtain from the parties their voluntary, written consent to the informal resolution process.

During the pendency of the informal resolution process, the investigation and adjudication processes that would otherwise occur have stayed and all related deadlines are suspended.

The informal resolution process is not available to resolve allegations that a Board employee or another adult member of the School District community or Third Party sexually harassed a student.

Investigation of a Formal Complaint of Sexual Harassment
In conducting the investigation of a Formal Complaint and throughout the grievance process, the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility is on the District, not the parties.
In making the determination of responsibility, the decision-maker is(are) directed to use the preponderance of the evidence standard. The decision-maker is charged with considering the totality of all available evidence from all relevant sources.

The District is not permitted to access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the party provides the District with voluntary, written consent to do so; if a student party is not an Eligible Student, the District must obtain the voluntary, written consent of a parent.
Similarly, the investigator(s) and decision-maker may not require, allow, rely upon or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege in writing.

As part of the investigation, the parties have the right to:
A. present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence
B. have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. The District may not limit the choice or presence of an advisor for either the Complainant or Respondent in any meeting or grievance proceeding. The advisor's role is limited to supporting, advising, and assisting the party during the grievance process. Advisors are required to follow rules of decorum enforced by the decision-maker. Failure to follow the rules of decorum by an advisor may result in removal of an advisor from the proceedings.

Bay District Schools Board Policy 2461 – Recording of IEP Team Meetings controls whether a person is allowed to audio record or video record any meeting or grievance proceeding.

Neither party shall be restricted in their ability to discuss the allegations under investigation or to gather and present relevant evidence.

The District will provide to a party whose participation is invited or expected written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings, with sufficient time for the party to prepare to participate. The investigator(s) and decision-maker must provide a minimum of one (1) days’ notice with respect to investigative interviews and other meetings.

Both parties shall have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the District does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation.

Prior to completion of the investigative report, the Title IX Coordinator will send the Notice of Evidence to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will have at least ten (10) calendar days to submit a written response, which the investigator will consider prior to completion of the investigative report. The District will make all such evidence available and subject to the parties’ inspection and review.

At the conclusion of the investigation, the investigator shall create an investigative report that fairly summarizes relevant evidence and the Title IX Coordinator shall send the report to each party and the party’s advisor, if any, for their review and written response. The investigator will send the investigative report in an electronic format or a hard copy, at least ten (10) calendar days prior to the decision-maker issuing a determination regarding responsibility.

Determination of Responsibility
The Title IX Coordinator shall appoint a decision-maker to issue a determination of responsibility. The decision-maker cannot be the same person(s) as the Title IX Coordinator(s) or the investigator(s).
After the Title IX Coordinator sends the investigative report to the parties and the decision-maker, and before the decision-maker reaches a determination regarding responsibility, the decision-maker will afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. The decision-maker must explain to the party proposing the questions any decision to exclude a question as not relevant.

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. The decision-maker must explain to the party proposing the questions any decision to exclude a question as not relevant.

Determination regarding responsibility: The decision-maker will issue a written determination regarding responsibility. To reach this determination, the decision-maker must apply the preponderance of the evidence standard

The written determination will include the following content:
A. Identification of the allegations potentially constituting Sexual Harassment pursuant to this policy
B. A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence
C. Findings of fact supporting the determination
D. Conclusions regarding the application of the applicable code of conduct to the facts
E. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the decision-maker is recommending that the District impose on the Respondent(s), and whether remedies designed to restore or preserve equal access to the District’s education program or activity should be provided by the District to the Complainant(s)
F. The procedures and permissible bases for the Complainant(s) and Respondent(s) to appeal.
If an investigation results in a determination of responsibility for sexual harassment, remedies designed to restore or preserve equal access to the District’s education programs and activities will be assigned. Remedies may include the same individualized services as supportive measures but also may include disciplinary sanctions in accordance with the Code of Student Conduct. Only supportive measures will be assigned prior to the conclusion of this grievance process.

If the decision-maker determines the student Respondent is responsible for violating this policy (i.e., engaging in Sexual Harassment), the decision-maker will recommend appropriate remedies, including disciplinary sanctions/consequences. The Title IX Coordinator will notify the Superintendent of the recommended remedies, so an authorized administrator can consider the recommendation(s) and implement an appropriate remedy(ies) in compliance with Bay District Schools Policy 5600 – Student Discipline,Bay District Schools Policy 5605 – Suspension/Expulsion of Disabled Students, Bay District Schools Policy 5610 – Removal, Out-of-School Suspension, Disciplinary Placement, and Expulsion of Students, Bay District Schools Policy 5601.01 – Emergency Removal of Students, Bay District Schools Policy 5610.02 – In-School Discipline,Bay District Schools Policy 5610.04 – Suspension of Bus Riding/Transportation Privileges, Bay District Schools Policy 5610.05 – Participation in Extra-Curricular Activities, and Bay District Schools Policy 5611 – Due Process Rights. Discipline of a student Respondent must comply with the applicable provisions of the Individuals with Disabilities Education Improvement Act (IDEA) and/or Section 504 of the Rehabilitation Act of 1972, and their respective implementing regulations.

The following disciplinary sanctions/consequences may be imposed on an employee Respondent who is determined responsible for violating this policy (i.e., engaging in Sexual Harassment):
A. oral or written warning
B. written reprimands
C. performance improvement plan
D. required counseling
E. required training or education
F. demotion
G. suspension with pay
H. suspension without pay
I. termination, and any other sanction authorized by any applicable administrative procedure and/or collective bargaining agreement

If the decision-maker determines the employee Respondent is responsible for violating this policy (i.e., engaging in Sexual Harassment), the decision-maker will recommend appropriate remedies, including disciplinary sanctions/consequences. The Title IX Coordinator will notify the Superintendent of the recommended remedies, so an authorized administrator can consider the recommendation(s) and implement an appropriate remedy(ies) in compliance with applicable due process procedures, whether statutory or contractual.

Discipline of an employee will be implemented in accordance with Federal and State law, Board policy, and applicable provisions of any relevant collective bargaining agreement.
The following disciplinary sanctions/consequences may be imposed on a non-student/non-employee member of the School District community or Third Party who is determined responsible for violating this policy (i.e., engaging in Sexual Harassment):
A. oral or written warning
B. suspension or termination/cancellation of the Board’s contract with the third-party vendor or contractor
C. mandatory monitoring of the third-party while on school property and/or while working/interacting with students
D. restriction/prohibition on the third party’s ability to be on school property
E. any combination of the same

If the decision-maker determines the third-party Respondent is responsible for violating this policy (i.e., engaging in Sexual Harassment), the decision-maker will recommend appropriate remedies, including imposition of sanctions. The Title IX Coordinator will notify the Superintendent of the recommended remedies, so appropriate action can be taken.
The decision-maker will provide the written determination to the Title IX Coordinator who will provide the written determination to the parties simultaneously.

In ultimately, imposing a disciplinary sanction/consequence, the Superintendent (or the Board when the appointed Superintendent is the Respondent) will consider the severity of the incident, previous disciplinary violations (if any), and any mitigating circumstances. If the Respondent is an elected Superintendent or Member of the Board, the Board shall notify the appropriate Florida governmental authority(ies).

The District’s resolution of a Formal Complaint ordinarily will not be impacted by the fact that criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

At any point in the grievance process, the Superintendent (or the Title IX Coordinator if the Superintendent is the Respondent) may involve local law enforcement and/or file criminal charges related to allegations of Sexual Harassment that involve a sexual assault.

The Title IX Coordinator is responsible for effective implementation of any remedies.

Appeal
Both parties have the right to file an appeal from a determination regarding responsibility, or from the Title IX Coordinator’s dismissal of a Formal Complaint or any allegations therein, on the following bases:
A. Procedural irregularity that affected the outcome of the matter (e.g., material deviation from established procedures
B. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter
C. The Title IX Coordinator, investigator(s), or decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant(s) or Respondent(s) that affected the outcome of the matter.

Any party wishing to appeal the decision-maker’s determination of responsibility, or the Title IX Coordinator’s dismissal of a Formal Complaint or any allegations therein, must submit a written appeal to the Title IX Coordinator within three (3) business days after receipt of the decision-maker’s determination of responsibility or the Title IX Coordinator’s dismissal of a Formal Complaint or any allegations therein.

Nothing herein shall prevent the Superintendent (or the Board when the appointed Superintendent is the Respondent) from implementing appropriate remedies; however, excluding disciplinary sanction, while the appeal is pending.
As to all appeals, the Title IX Coordinator will notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.

The decision-maker for the appeal shall not be the same person(s) as the decision-maker that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator(s). The decision-maker for the appeal shall not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant(s) or Respondent(s) and shall receive the same training as required of other decision-makers.
Both parties shall have a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.

Specifically, the appealing party must submit with the notice of appeal a written statement challenging the determination of responsibility. The nonappealing party shall have up to two (2) business days after receipt of the appealing party’s written statement to submit his/her written statement in support of the determination of responsibility.
The decision-maker for the appeal shall issue a written decision describing the result of the appeal and the rationale for the result. The original decision-makers determination of responsibility will stand if the appeal request is not filed in a timely manner or the appealing party fails to show clear error and/or a compelling rationale for overturning or modifying the original determination. The written decision will be provided to the Title IX Coordinator who will provide it simultaneously to both parties. The written decision will be issued within five (5) business days of when the parties’ written statements were submitted.

The determination of responsibility associated with a Formal Complaint, including any recommendations for remedies/disciplinary sanctions, becomes final when the time for filing an appeal has passed or, if an appeal is filed, at the point when the decision-maker for the appeal’s decision is delivered to the Complainant and the Respondent. No further review beyond the appeal is permitted.

Retaliation
Neither the Board nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, its implementing regulations, or this policy, or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation or proceeding under this policy. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or Sexual Harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of Sexual Harassment, for the purpose of interfering with any right or privilege secured by Title IX, its implementing regulations, or this policy, constitutes retaliation. Retaliation against a person for making a report of Sexual Harassment, filing a Formal Complaint, or participating in an investigation is a serious violation of this policy that can result in imposition of disciplinary sanctions/consequences and/or other appropriate remedies.

Complaints alleging retaliation may be filed according to the grievance process set forth above.

The exercise of rights protected under the First Amendment of the United States Constitution does not constitute retaliation prohibited under this policy.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy shall not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

Confidentiality
The District will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a Formal Complaint of Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as may be permitted by the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, F.S. 1002.22-1002.222, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation or judicial proceeding arising thereunder (i.e., the District’s obligation to maintain confidentiality shall not impair or otherwise affect the Complainant’s and Respondent’s receipt of the information to which they are entitled related to the investigative record and determination of responsibility).

Training
The District’s Title IX Coordinator, along with any investigator(s), decision-maker, or person(s) designated to facilitate an informal resolution process, must receive training on:
A. the definition of Sexual Harassment (as that term is used in this policy)
B. the scope of the District’s education program or activity
C. how to conduct an investigation and implement the grievance process, appeals, and informal resolution processes, as applicable
D. how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interests, and bias.
All Board employees will be trained concerning their legal obligation to report Sexual Harassment to the Title IX Coordinator. This training will include practical information about how to identify and report Sexual Harassment.

Recordkeeping
As part of its response to alleged violations of this policy, the District shall create, and maintain for a period of seven (7) calendar years, records of any actions, including any supportive measures, taken in response to a report or Formal Complaint of Sexual Harassment. In each instance, the District shall document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the District’s education program or activity. If the District does not provide a Complainant with supportive measures, then the District will document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the District in the future from providing additional explanations or detailing additional measures taken.

The District shall maintain for a period of seven (7) calendar years the following records:
A. each Sexual Harassment investigation including any determination regarding responsibility, any disciplinary sanctions recommended and/or imposed on the Respondent(s), and any remedies provided to the Complainant(s) designed to restore or preserve equal access to the District’s education program or activity
B. any appeal and the result therefrom
C. any informal resolution and the result therefrom
D. all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.

The District will make its training materials publicly available on its website. If a person is unable to access the District’s website, the Title IX Coordinator will make the training materials available upon request for inspection by members of the public.

Outside Appointments, Dual Appointments, and Delegations
The Board retains discretion to appoint suitably qualified persons who are not Board employees to fulfill any function of the Board under this policy, including, but not limited to, Title IX Coordinator, investigator, decision-maker, decision-maker for appeals, facilitator of informal resolution processes, and advisor.

The Board also retains discretion to appoint two or more persons to jointly fulfill the role of Title IX Coordinator, investigator, decision-maker, decision-maker for appeals, facilitator of informal resolution processes, and advisor.

The Superintendent may delegate functions assigned to a specific Board employee under this policy, including but not limited to the functions assigned to the Title IX Coordinator, investigator, decision-maker, decision-maker for appeals, facilitator of informal resolution processes, and advisor, to any suitably qualified individual and such delegation may be rescinded by the Superintendent at any time.

Discretion in Application
The Board retains discretion to interpret and apply this policy in a manner that is not clearly unreasonable, even if the Board’s interpretation or application differs from the interpretation of any specific Complainant and/or Respondent.
Despite the Board’s reasonable efforts to anticipate all eventualities in drafting this policy, it is possible unanticipated or extraordinary circumstances may not be specifically or reasonably addressed by the express policy language, in which case the Board retains discretion to respond to the unanticipated or extraordinary circumstance in a way that is not clearly unreasonable.

The provisions of this policy are not contractual in nature, whether in their own right, or as part of any other express or implied contract. Accordingly, the Board retains discretion to revise this policy at any time, and for any reason. The Board may apply policy revisions to an active case provided that doing so is not clearly unreasonable.

This policy is included in the Student Handbook

I. Formal complaints involving any postsecondary education program or activity related to Tom P. Haney Technical College shall also be governed by School Board Policy 2.1335. To the extent there are any inconsistencies between this policy and section 2.1335, section 2.1335 shall control. XI. Investigation of a Formal Complaint A. Burden of Proof. The District bears the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility. B. Privileged Information. The District will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the District obtains that party’s voluntary, written consent to do so for a grievance process under this section C. Opportunity to Present Witnesses and Evidence. Either party may present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence at any time prior to the issuance of the investigative report. D. Parties’ Advisors. Either party may be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. However, neither party’s advisor will be permitted to question witnesses. Neither party’s advisor may participate in interviews or meetings in which the represented party is not a participant.

This policy is included in the Student Handbook.

(Bay District School Board Policy 5771)

The School Board recognizes that the privacy of students or their belongings may not be violated by unreasonable search and seizure and directs that no student be searched without reasonable suspicion or in an unreasonable manner.
The Board acknowledges the need for in-school storage of student possessions and shall provide storage places, including desks and lockers, for that purpose. Such spaces remain the property of the Board and, in accordance with law, may be the subject of search upon reasonable suspicion that a prohibited or illegally possessed substance or object is contained therein. Where locks are provided for such places, students may lock them against incursion by other students, but in no such places shall students have such an expectation of privacy as to prevent examination by a school official.

School authorities are charged with the responsibility of safeguarding the safety and well-being of the students in their care. In the discharge of that responsibility, school authorities may search the person or property, including vehicles, of a student, with or without the student's consent, whenever they reasonably suspect that the search is required to discover evidence of a violation of law or of school rules. The extent of the search will be governed by the seriousness of the alleged infraction and the student's age. This authorization to search shall also apply to all situations in which the student is under the jurisdiction of the Board.

Search of a student's person or personal belongings shall be conducted by a person of the student's gender, in the presence of another staff member of the same gender when possible, and only in exceptional circumstances when the health or safety of the student or of others is threatened.
The Board also authorizes the use of canines trained in detecting the presence of drugs or devices. This means of detection shall be used only to determine the presence of drugs in locker areas and other places on school property where such substances could be concealed. Canine detection must be conducted in collaboration with law enforcement authorities or with organizations certified in canine detection and is not to be used to search individual students unless a warrant has been obtained prior to the search.

Except as provided below, a request for the search of a student or a student's possessions will be directed to the principal, who shall seek the freely offered consent of the student to the inspection. Whenever possible, a search will be conducted by the principal in the presence of the student and a staff member other than the principal. A search prompted by the reasonable belief that health and safety are immediately threatened will be conducted with as much speed and dispatch as may be required to protect persons and property.

Any search of a student’s personal belongings, including a purse, backpack, or bookbag, must be conducted discreetly to maintain the privacy of the student’s personal items within such belongings. Personal items that are not prohibited on school grounds must be immediately returned to the student’s personal belongings.

The principal shall be responsible for the prompt recording in writing of each student search, including the reasons for the search; information received that established the need for the search and the name of informant, if any; the persons present when the search was conducted; any substances or objects found; and the disposition made of them. The principal shall be responsible for the custody, control, and disposition of any illegal or dangerous substance or object taken from a student.

This policy is included in the Student Handbook

(Bay District School Board Policy 5517.01)

The School Board is committed to providing an educational setting and workplace that is safe, secure, and free from bullying and harassment for all students and employees.

The Board will not tolerate unlawful bullying and harassment of any type. Conduct that constitutes bullying and harassment, as defined herein, is prohibited:
• during any education program or activity conducted by the District;
• during any school-related or school-sponsored program or activity, or on a District school bus, or at a District school bus stop;
• through the use of data or computer software that is accessed through a computer, computer system, or computer network within the scope of the District, meaning regardless of ownership, any computer, computer system, or computer network that is physically located on school property or at a school-related or school-sponsored program or activity; or
• through the use of data or computer software that is accessed at a non-school-related location, activity, function, or program or through the use of technology or an electronic device that is not owned, leased, or used by the District or school, if the bullying substantially interferes with or limits the victim's ability to participate in or benefit from the services, activities, or opportunities offered by the District or school or substantially disrupts the education process or orderly operation of a school. This paragraph does not require a school to staff or monitor any non-school-related activity, function, or program.

This policy has been developed and reviewed in consultation with District students, parents, teachers, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies as prescribed in F.S. 1006.147 and in conformity with the Florida Department of Education (FLDOE) Revised Model Policy (April 2016).
Pursuant to State law, District students, parents, teachers, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies shall be involved in the review of this policy every three (3) years.

The Superintendent shall develop a comprehensive plan intended to prevent bullying and harassment and to cultivate the school climate so as to appropriately identify, report, investigate, and respond to situations of bullying and harassment as they may occur on school grounds, at school-sponsored events, and through school computer networks. Implementation of the plan by each principal will be ongoing throughout the school year and will be integrated with the school curriculum, the bullying and prevention program, District disciplinary policies, and violence prevention efforts.

Bullying and harassment of school employees shall be addressed in accordance with Policy 1362, Policy 3362, and Policy 4362 - Anti-Harassment.

"Bullying" includes "cyberbullying" and means systematically and chronically inflicting physical hurt or psychological distress on one (1) or more students or employees. It is defined as any unwanted and repeated written, verbal, or physical behavior, including any threatening, insulting, or dehumanizing gesture, by an adult or student, that creates an intimidating, hostile, or offensive educational environment; causes discomfort or humiliation; or unreasonably interferes with the individual's school performance or participation; and may involve:
• teasing
• threats
• intimidation
• stalking
• cyberstalking
• physical violence
• theft
• sexual, religious, or racial harassment
• public or private humiliation
• destruction of property
• social exclusion

"Cyberbullying" means bullying through the use of technology or any electronic communication, which includes, but is not limited to, any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photo-electronic system, or photo-optical system, including, but not limited to, electronic mail, Internet communications, instant messages, or facsimile communications. Cyberbullying includes the creation of a webpage or weblog in which the creator assumes the identity of another person, or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the conditions enumerated in the definition of bullying. Cyberbullying also includes the distribution by electronic means of a communication to more than one (1) person or the posting of material on an electronic medium that may be accessed by one (1) or more persons, if the distribution or posting creates any of the conditions enumerated in the definition of bullying.

"Cyberstalking" means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

"Harassment" means any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or school employee that:
A. places a student or school employee in reasonable fear of harm to his/her person or damage to his/her property
B. has the effect of substantially interfering with a student's educational performance, opportunities, or benefits
C. has the effect of substantially disrupting the orderly operation of a school

"Bullying" and "harassment" also encompass:
A. Retaliation against a student or school employee by another student or school employee for asserting or alleging an act of bullying of harassment. Reporting an act of bullying or harassment that is not made in good faith is considered retaliation.
B. Perpetuation of conduct listed in the definition of bullying and/or harassment by an individual or group with intent to demean, dehumanize, embarrass, or cause emotional or physical harm to a student or school employee by:
  A. incitement or coercion
  B. accessing or knowingly and willingly causing or providing access to data or computer software through a computer, computer system, or computer network within the scope of the District school system
  C. acting in a manner that has an effect substantially similar to the effect of bullying or harassment

"Harassment" also means electronically transmitted acts (i.e., internet, e-mail, cellular telephone, personal digital assistants (PDA), or wireless hand-held device) that a student(s) or a group of students exhibits toward another particular student(s) and the behavior both causes mental and physical harm to the other student and creates an intimidating, threatening, or abusive educational environment for the other student(s).

Sexual Cyber Harassment
Pursuant to Florida law, "sexual cyber harassment" means to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an Internet website without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person. Sexual cyber harassment may be a form of sexual harassment.
"Within the scope of the District" means regardless of ownership, any computer, computer system, or computer network that is physically located on school property or at a school-related or school-sponsored program or activity.

Expected Behavior
The District expects students to conduct themselves in keeping with their levels of development, maturity, and demonstrated capabilities with a proper regard for the rights and welfare of other students and school staff, the educational purpose underlying all school activities, and the care of school facilities and equipment.
Such behavior is essential in maintaining an environment that provides each student the opportunity to obtain a high-quality education in a uniform, safe, secure, efficient, and high-quality system of education.

The standards for student behavior shall be set cooperatively through interaction among students, parents/guardians, staff and community member, producing an atmosphere that encourages students to grow in self-discipline. The development of such an atmosphere requires respect for self and others, as well as for District and community property on the part of students, staff, and community members. School administrators, faculty, staff, and volunteers serve as role models for students and are expected to demonstrate appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying.

Students are expected to conform to reasonable standards of socially acceptable behavior; respect the person, property, and rights of others; obey constituted authority; and respond to those who hold that authority.

Consequences
Consequences and appropriate remedial action for students who commit acts of bullying or harassment or found to have wrongfully and intentionally accused another as a means of bullying or harassment may range from positive behavioral interventions up to and including suspension or expulsion, as outlined in the Code of Student Conduct.

Consequences and appropriate remedial action for a school employee found to have committed an act of bullying or harassment or found to have wrongfully and intentionally accused another as a means of bullying or harassment shall include discipline in accordance with District policies, administrative procedures, and the collective bargaining agreement. Egregious acts of harassment by certified educators may result in a sanction against an educator's State-issued certificate. (See the Principles of Professional Conduct of the Education Profession in Florida - F.A.C. 6A-10.081)
Consequences and appropriate remedial action for a visitor or volunteer found to have committed an act of bullying or harassment or found to have wrongfully and intentionally accused another as a means of bullying or harassment shall be determined by the school administrator after consideration of the nature and circumstances of the act, including reports to appropriate law enforcement officials.

Procedure for Reporting
The Board designates the principal as the person responsible for receiving all alleged acts of bullying. Any student or student's parent/guardian who believes s/he has been or is the victim of bullying or harassment should immediately report the situation to the school principal. Complaints against the principal should be filed with the Superintendent. Complaints against the Superintendent should be filed with the Board Chair.

All school employees are required to report alleged violations of this policy and alleged acts of bullying and harassment to the principal or as described above. The alleged violations and acts must be reported by school employees to the principal within twenty-four (24) hours.

All other members of the school community, including students, parents, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy to the principal or as described above.
Written and oral reports shall be considered official reports. Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of an anonymous report.

The principal shall establish and prominently publicize to students, staff, volunteers, and parents the procedure for reporting bullying and how such a report will be acted upon. A victim of bullying and/or harassment, anyone who witnessed the act, and anyone who has credible information that an act of bullying and/or harassment has taken place may file a report.

Procedure for Investigation
The investigation of a reported act of bullying or harassment is deemed to be a school-related activity and begins with a report of such an act. All complaints about bullying and/or harassment that may violate this policy shall be promptly investigated by an individual, designated by the principal, who is trained in investigative procedures. Documented interviews of the victim, alleged perpetrator, and witnesses shall be conducted privately and shall be confidential. The investigator may not be the accused perpetrator or victim. At no time shall the accused perpetrator and victim be interviewed together. The investigator shall collect and evaluate the facts including, but not limited to, the following:
A. a description of the incident, the nature of the behavior, and the context in which the incident occurred
B. how often the conduct occurred
C. whether there were past incidents or past continuing patterns of behavior
D. the relationship between the parties involved
E. the characteristics of the parties involved
F. the identity of the alleged perpetrator, including whether the individual was in a position of power over the individual allegedly subjected to bullying or harassment
G. the number of alleged bullies/harassers
H. the age of the alleged bully/harasser
I. where the bullying and/or harassment occurred
J. whether there have been other incidents in the school involving the same or other students
K. whether the conduct adversely affected the student's education or educational environment
L. the date, time, and method in which the parent(s) of all parties involved were contacted

In accordance with State law, District staff may monitor as part of any bullying or harassment investigation any non-school-related activity, function, or program.

If, during an investigation of reported acts of bullying and/or harassment, the principal or his/her designee believes that the reported misconduct may have created a hostile learning environment and may have constituted unlawful discriminatory harassment based on race, color, national origin, sex (including sexual orientation, transgender status, or gender identity), disability (including HIV, AIDS, or sickle cell trait), pregnancy, marital status, age (except as authorized by law), religion, military status, ancestry, or genetic information which are classes protected by State and/or Federal law (collectively "protected classes"), the principal or his/her designee will report the act of bullying and/or harassment to one (1) of the Compliance Officers so that it may be investigated in accordance with the procedures set forth in Bay District Schools Policy Policy 5517 - Anti-Harassment.

Sexual Harassment covered by Bay District Schools Policy Policy 2266 - Nondiscrimination on the Basis of Sex in Education Programs or Activities is not included in this policy. Allegations of such conduct shall be addressed solely by Policy 2266.

Upon the completion of the investigation to determine whether or not a particular action or incident constitutes a violation of the policy, the designated individual who has conducted the investigation shall make a determination based on all the facts and surrounding circumstances and shall include:
A. a recommendation of remedial steps necessary to stop the bullying and/or harassing behavior
B. a written report

A maximum of ten (10) days should be the limit for the completion of the investigative procedural steps and submission of the incident report. While ten (10) the expectation for completion of the investigative procedural steps, more time may be needed based on the nature of the investigation and the circumstances affecting that investigation. The investigator shall document in his/her report the reasons for needing additional time beyond ten (10). The highest level of confidentiality possible shall be provided regarding the submission of a complaint or a report of bullying and/or harassment and for the investigative procedures that are employed.

The physical location or time of access of a computer-related incident cannot be raised as a defense in any disciplinary action initiated pursuant to this policy.

Scope
The investigator will provide a report on the results of the investigation with recommendations for the principal to make a determination if an act of bullying or harassment falls within the scope of District authority. Computers without web-filtering software or computers with web-filtering software that is disabled shall be used when complaints of cyberbullying are investigated. If the action is within the scope of the District, District procedures for investigating bullying and/or harassment shall be followed. If the action is outside the scope of the District and believed to be a criminal act, the action shall be referred to the appropriate law enforcement agency. If the action is outside the scope of the District and believed not a criminal act, the principal shall inform parents/guardians of all minor parties.

Parent Notification
The principal shall report the occurrence of an incident of bullying as defined by District policy to the parent/guardian of all students known to be involved in the incident on the same day an investigation of the incident has been initiated. Notification shall be by telephone, e-mail, personal conference, or by first-class mail and shall be consistent with the student privacy rights under applicable provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). The notice shall advise the individuals involved of their respective due process rights including the right to appeal any resulting determination or action to the State Board of Education.

If the bullying incident results in the perpetrator being charged with a crime, the principal shall inform by first class mail or by telephone the parent/guardian of the identified victim(s) involved in the bullying incident about the Unsafe Schools Choice Option (the Elementary and Secondary Education Act, as amended) that states, in pertinent part, as follows:
"….a student attending a persistently dangerous public elementary school or secondary school, as determined by the State in consultation with a representative sample of local educational agencies, or who becomes a victim of a violent criminal offense, as determined by State law, while in or on the grounds of a public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary school or secondary school within the local educational agency, including a public charter school."

Upon the completion of the investigation and if criminal charges are to be pursued against the perpetrator, the appropriate law enforcement agencies shall be notified by telephone and/or in writing.

Counseling Referral
The District shall provide a referral procedure for intervening when bullying or harassment is suspected or when a bullying incident is reported. The procedure will include:
A. a process by which the teacher or parent may request informal consultation with school staff (e.g., school counselor, school psychologist, school social worker, etc.) to determine the severity of concern and appropriate steps to address the concern;
B. a referral process to provide professional assistance or services that may include a process by which school personnel or parent/guardian may refer a student to the school intervention team (or equivalent school-based team with a problem-solving focus) for consideration of appropriate services (parent/guardian involvement is required at this point)
If a formal discipline report or formal complaint is made, the principal must refer the student(s) to the school intervention team for determination of counseling support and interventions (parent/guardian is required at this point).
C. a school-based action to address intervention and assistance as determined appropriate by the intervention team that includes:
  A. counseling and support to address the needs of the victim(s) of bullying or harassment
  B. interventions to address the behavior of students who bully and harass others (e.g., empathy training, anger management, etc.)
  C. interventions which include assistance and support for parents, as may be deemed necessary or appropriate

Data Report
The District will utilize Florida's School Environmental Safety Incident Reporting (SESIR) Statewide Report on School Safety and Discipline Data as prescribed. If a bullying (including cyberbullying) and/or harassment incident occurs it will be reported in SESIR, coded appropriately using the relevant incident code and the related element code. Discipline and referral data will be recorded in Student Discipline/Referral Action Report and Automated Student Information System. In a separate section, the District shall include each alleged incident of bullying or harassment that does not meet the criteria of a prohibited act under this policy with recommendations regarding such incidents.

The District will provide bullying incident, discipline, and referral data to the Florida Department of Education (FLDOE) in the format requested, through Surveys 2, 3, and 5 from Education Information and Accountability Services, and at designated dates provided by the Department. Data reporting on bullying, harassment, unsubstantiated bullying, unsubstantiated harassment, sexual harassment, and threat/intimidation incidents as well as any bullying-related incidents that have as a basis sex, race, or disability should include the incident basis. Victims of these offenses should also have the incident basis (sex, race, or disability) noted in their student record.

Training and Instruction
Students, parents, teachers, school administrators, counseling staff, and school volunteers shall be provided training and instruction, at least annually, on the District's policy and administrative procedures regarding bullying and harassment. The instruction shall include evidence-based methods of preventing bullying and harassment, as well as information about how to effectively identify and respond to bullying in schools. Instruction regarding bullying, harassment, and the District's violence prevention and school safety efforts shall be integrated into District curriculum at the appropriate grade levels. The training and instruction shall include recognizing behaviors that lead to bullying and harassment and taking appropriate preventative action based on those observations. The programs of training and instruction authorized by the District shall include, but not be limited to, creating a safe and respectful environment in the nation's classrooms.

Victim's Parent Reporting
The principal shall report the occurrence of an incident of bullying as defined herein to the parent/guardian of students known to be involved in the incident on the same day an investigation of the incident has been initiated. Notification shall be by telephone and in writing by first-class mail and shall be consistent with the student privacy rights under applicable provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). According to the level of infraction, the victim's parents will be notified by telephone and/or in writing of actions being taken to protect the child; the frequency of notification will depend on the seriousness of the bullying or harassment incident.

Policy Publication
At the beginning of each school year, the Superintendent shall, in writing, inform school staff, parents/guardians/other persons responsible for the welfare of a student of the District's student safety and violence prevention policy.
The District shall provide notice to students and staff of this policy in the Code of Student Conduct, employee handbooks, and via the District's official website. The Superintendent will also provide such notification to all District contractors.
Each principal shall implement a process for discussing, at least annually, the District policy on bullying and harassment with students in a student assembly or other reasonable format. Reminders of the policy and bullying prevention messages will be displayed, as appropriate, at each school and at District facilities.

Immunity
A school employee, school volunteer, students, parent/guardian, or other persons who promptly reports in good faith an act of bullying or harassment to the appropriate school official and who makes this report in compliance with the procedures set forth in District policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident.

Submission of a good faith complaint or report of bullying or harassment will not affect the complainant or reporter's future employment, grades, learning or working environment, or work assignments. Such immunity from liability shall not apply to any school employee, school volunteer, student, parent/guardian, or other person determined to have made an intentionally false report about harassment, intimidation, and/or bullying.

Privacy/Confidentiality
The School District will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the Board's legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations. All records generated under this policy and its related administrative procedures shall be maintained as confidential to the extent permitted by law.
Nothing in this policy shall be construed to abridge the rights of students or school employees that are protected by the First Amendment to the Constitution of the United States.

Retaliation/False Charges
Retaliation against any person who reports, is thought to have reported, files a complaint, or otherwise participates in an investigation or inquiry under this policy is prohibited. Such retaliation shall be considered a serious violation of Board policy and independent of whether a complaint is substantiated. False charges shall also be regarded as a serious offense and will result in disciplinary action or other appropriate sanctions. Suspected retaliation should be reported in the same manner as aggressive behavior and/or bullying.

This policy is included in the Student Handbook

Tom P. Haney Technical College (TPHTC) believes that complaints and grievances are best handled and resolved as close to their origin as possible. Therefore, the proper channeling of complaints involving instruction or discipline are as follows:

Step 1 – Informal. A student should first take a complaint to the person(s) involved and try to solve the problem informally.

Step 2 – The student must give the Director of Tom P. Haney Technical College a written and signed Student Grievance Form. The complaint form is located on the school’s website or can be obtained from Student Services. This complaint should describe the problem and give all the facts and a suggested solution. The form must be given to the Director by the next school day.

Step 3 – If the student does not agree with the Director’s decision, the appeal, as described in Step 2, may be sent to the District Superintendent. This has to be done within three (3) days after the Director’s decision.

Step 4 – If the student does not agree with the Superintendent’s decision, the appeal may be sent to:

Executive Director
Accrediting Commission of the Council on Occupational Education
7840 Roswell Road, Building 300, Suite 325
Atlanta, GA 30350
Telephone: (800) 917-2081
http://www.council.org or https://council.org/Complaint-Process/

Students also have the right to file a complaint with our state authorizing agency, which is the Florida Department of Education, by contacting:

Chancellor for Career and Adult Education
325 West Gaines Street, Suite 734, Tallahassee, Florida 32399-0400
Phone: 850-245-9004
Email:CareerandAdultEd@fldoe.org.

Student Grievance Form

This policy is included in the Student Handbook.

Purpose:
The purpose of this policy is to ensure the safety, well-being, and dignity of all students and to
create a campus culture that promotes respect, inclusion, and accountability. Hazing is prohibited
in all forms and will not be tolerated.

Definition of Hazing:
Hazing is any action or situation that:
1. Intentionally or recklessly endangers the mental or physical health, safety, or well-being
of any person.
2. Involves humiliating, degrading, or causing undue stress or harm to an individual.
3. Takes place for the purpose of initiation into, affiliation with, or continued membership
in any organization or group.

Hazing can include but is not limited to:
• Physical harm or abuse
• Psychological abuse or manipulation
• Forced consumption of substances (e.g., alcohol, food)
• Public humiliation or degradation
• Sleep deprivation or isolation
• Any activity that creates a risk of injury or emotional distress

Prohibited Activities:
• Any form of physical abuse or violence
• Forced or coerced consumption of alcohol, drugs, or food
• Sleep deprivation or deprivation of basic needs (e.g., food, water)
• Public humiliation, including acts that compromise dignity or respect
• Engaging in illegal activities (e.g., theft, vandalism)
• Mental or emotional abuse, including threats or intimidation
• Any activity that forces individuals to participate against their will

Responsibilities of Students:
• All students are expected to uphold the principles of respect and dignity, promoting
positive and inclusive group experiences.
• Individuals and groups must report any incidents of hazing they witness or experience to
the appropriate authorities (campus security, administration, or FotifyFL hotline).

Reporting Hazing:
Students who experience or witness hazing are encouraged to report incidents through the
following channels:
• Campus Security or Administration
• Anonymous reporting through Fortify Florida
• Trusted faculty or staff members

Consequences of Violating the Hazing Policy:
Hazing is a serious offense and will result in disciplinary action. Consequences may include but
are not limited to:
• Expulsion from the institution
• Disciplinary probation
• Criminal charges for severe cases that involve physical harm or violate state or federal
law

Education and Prevention:
Tom P. Haney Technical College is committed to educating students, staff, and faculty on the
dangers of hazing and fostering a culture of mutual respect. The following measures will be in
place:
• Hazing prevention training for all students and staff
• Awareness campaigns to educate students on the negative effects of hazing

Policy Review:
This policy will be reviewed annually to ensure its effectiveness, and updates will be made as
necessary. Feedback from students and campus organizations will be incorporated to improve the
policy and its implementation.

This policy is included in the Student Handbook

(Bay District School Board Policy 3.133)

Any employee who has either AIDS (Acquired Immune Deficiency Syndrome) or is an asymptomatic carrier of the AIDS virus will, subject to this policy, be afforded the right to continue to work at his/he assigned position;
recognizing that HIV, and AIDS are not transmitted by casual contact, employees who exhibit no signs of secondary infections will be allowed to continue their employment. HIV-positive employees with a mental, emotional or physical disabling condition due to AIDS will be provided reasonable accommodation if they qualify under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 or the Americans with Disabilities Act, 42 U.S.C. §12101, et seq.

Employee Guidelines and Procedures
Determination of Assignment. The School Board recognizes that employees with life-threatening illnesses, including but not limited to cancer, heart disease and AIDS, may wish to continue to work. As long as an infected employee is able to meet acceptable performance standards, and medical evidence indicates that his/her condition is not a threat to others, the employee shall be assured of continued employment in accordance with the following procedure: When a physician licensed by the State of Florida or the county health unit notifies the Superintendent that an employee has AIDS or is an asymptomatic carrier of the AIDS virus, the Superintendent shall consult immediately with the director of the county health unit. Pending the determination on assignment, as provided in subparagraph (b) below, the Superintendent may, if so advised by the director of the county health unit and for a period reasonable under the circumstances,
1. retain the employee in his/her present position
2. remove the employee from the work place and place him/her on sick or annual leave, or
3. arrange an alternate work assignment to limit the employee's contact with other employees, students, and public.

The Superintendent shall determine on a case-by-case basis, whether an infected employee shall be permitted to remain in or return to his/her original work assignment after receiving the written report and recommendation of a three (3) member review committee composed of the:
1. medical director of the county health unit,
2. the employee's personal physician and
3. the appropriate member of the District staff.

The employee shall be permitted to attend, present information to, and be represented at the committee's meeting, but shall not participate in determining the recommendation, except through his/her personal physician. A copy of the committee's written report and recommendation shall be provided to the employee upon submission to the Superintendent. In making its report and recommendation, the review committee shall consider:
1. the behavior and physical condition of the employee,
2. the expected type of interaction with others in the school setting, and
3. the effects on both the infected employee and others in that setting.
An infected employee shall not be given any work assignment that, because of his/her medical condition, would cause danger to any student or other person with whom he/she might come in contact in the course of that assignment.

CHAPTER THREE

PERSONNEL - GENERAL PROVISIONS

Bay District Schools Policy Chapter Three -327-

The review committee shall reevaluate the employee's condition periodically and prepare and present to the Superintendent any recommendation for change in assignment that it finds appropriate. Disagreement on Assignment. If the Superintendent and the infected employee's personal physician disagree over whether the employee qualifies for return to his/her regular assignment, the Superintendent shall refer the case for review by an appointed physician who is licensed by the State of Florida. Expenses incurred from the review shall be borne by the School Board. If, following the review, the Superintendent and the employee's personal physician continue to disagree on assignment, the matter shall be presented to the School Board for determination, provided, however that personally identifiable information shall be deleted from all case material submitted to the Board members. Confidentiality of Record. The confidentiality of an infected employee's medical record shall be maintained in accordance with 1012.34, Fla. Stat. Only persons with an absolute need to know shall receive medical information concerning any infected employee's health condition. Notification of personnel who have a need to know shall be through a process that will insure patient confidentiality.

This policy is included in the Student Handbook

The official Student Conduct Policy is listed on the Bay District Schools website. 

The parking decal MUST be displayed on/in the vehicle while parked on campus. No smoking in vehicles while on school property. No smoking on school property. The parking permit/decal is included in the registration fee. Replacement fees apply for subsequent decals.

(Bay District School Board Policy 7.307)

When a student is authorized by the principal to drive a vehicle to school, the following requirements shall apply. For purposes of this policy, a vehicle shall include any motor vehicle, motorcycle, or moped owned or operated by a student.
The student shall have an operator's license and be enrolled in grades 11 or 12. Junior and senior class members with a valid driver's license shall be allowed to drive motor vehicles to school and park on the school campus, if space is available. Freshman and sophomores with a valid driver's license and documentation from their current employer or involvement in school-sponsored extra-curricular activities may be afforded the privilege of driving to school if space is available.
The student shall park the vehicle in the area designated for student parking.

No student may loiter in or around vehicles in the parking area or areas. Students shall not occupy vehicles during class hours, between classes, or before or after school, except as they arrive and leave for the school days.

Any student who is known to be operating a vehicle in such a manner as to endanger either the student's own safety or that of others may be directed by the principal not to drive a vehicle to school. Any student violating such a directive shall be subject to suspension or expulsion from school.

If a student fails to observe this policy, the principal may revoke the student's privilege of driving a vehicle to school for an appropriate period of time.

This policy is included in the Student Handbook

Tom P. Haney Technical College is confident in our students and their ability to successfully transition to the rigorous demands of the workplace. We believe in you and your ability to succeed so much that we are willing to refund the tuition you paid if you don’t get a job in your field of study.

Students eligible for the guarantee receive a reimbursement of tuition based on the following formula: tuition assessed minus institutional scholarships or grants received. Please note, only tuition is included in this guarantee, any fees and other expenses and/or charges are excluded.

With small class sizes, academic and student support, and connections with employers in Bay  County, and more, Haney Technical College  is confident in its ability to help you succeed.

To be eligible to receive the benefits of Tom P. Haney Technical College's Employment Guarantee, graduates must:

• Complete one of the following programs:   Practical Nursing, HVAC/R-2, or Welding Advanced
• Successfully complete the entire program with at least a grade of 80%.
• Be in good financial standing with Tom P. Haney Technical College.
• Be legally eligible for employment in the U.S.
• Has met attendance requirements of 90%.
• Not have a criminal background that prevents employment within the program career field.
• Be willing to travel or relocate to a new market to obtain employment within the field.
• Have a documented job search of at least 20 company applications that are related to the program of study.
• Has worked directly with Career Source Gulf Coast or HTC Career Counselor  for resume/employment assistance within three months of completing the program of study.
• Be in good standing with the health science host clinical sites.
• Pass all embedded credential exams.
  • Practical  Nursing graduates must pass the National Licensing Exam (NCLEX-PN) within three months of graduation.
  • Trade students must pass all embedded credential exams.

The following policies are applicable on the basis of enrollment/participation in the appropriate program. 

• Adult Basic Education (ABE) CASAS Pre- and Post-Testing Policy
• Computer Systems & Information Technology Classroom Policies and Procedures

(Bay District School Board Policy 3.133)

But for the exceptions specified below, and pursuant to State law, all persons are prohibited from possessing any firearm, electric weapon or devise, destructive device, or other weapon as defined F.S. 790.001, in a school safety zone, any school property, any administration building, as well as into any School Board meeting, any setting that is under the control and supervision of the District for the purpose of school activities approved and authorized by the District including, but not limited to, property leased, owned, or contracted for by the District, any school-sponsored event, a school bus, a school bus stop, or in a District vehicle.

Firearms, electric weapons or devices, destructive devices, or other weapons as defined in F.S. 790.001, are not permitted in vehicles on the property of any school. This policy is an express waiver of the rights contained in section F.S. 790.25(5) for the purposes of student and campus parking privileges and is adopted in accordance with F.S. 790.251(7)(a).
No person shall exhibit any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in F.S. 790.001, including a razor blade, box cutter, or common pocketknife, in the presence of one (1) or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense at a school-sponsored event or on the property of any school, school bus, or school bus stop or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.

Definitions
For purposes of this policy, the following definitions shall apply:
"Administration building" is any Board-owned or leased facility where one (1) or more administrative employees are assigned.

"School property" means the property of any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.

"Weapons and firearms" as defined in F.S. 790.001 and include, but are not limited to, any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, knives, metallic knuckles, or other deadly weapon. "Weapon" also means any object which, in the manner in which it is used, is intended to be used, or is represented, is capable of inflicting serious bodily harm or property damage, as well as endangering the health and safety or persons.

This policy shall also encompass such actions as look-alike items, false fire alarms, bomb threats, or intentional calls to falsely report a dangerous condition.

The Superintendent is authorized to establish administrative procedures on weapons which require students to immediately report knowledge of weapons and threats of violence by students and staff to the building principal. Failure to report such knowledge may subject the student to immediate suspension and potential expulsion from school.

Exceptions
Police or other licensed law enforcement officers, school guardians appointed by the Superintendent in accordance with F.S. 30.15 and F.S. 1006.12(3), and other persons approved by the Superintendent on a case-by-case basis may possess a firearm or weapon.

Students and personnel participating in academic or extra-curricular programs which involve the use of simulated or air-powered weapons, such as a JROTC marksmanship program, may use or possess such simulated or air-powered weapons in strict adherence with the instructions of the responsible faculty members and building administrators.
The Superintendent will refer any student who violates this policy to the student's parents or guardians and to the criminal justice or juvenile delinquency system. The student may also be subject to disciplinary action, up to and including expulsion.

This policy shall be interpreted in a manner consistent with Florida law and any portions in conflict with Florida law shall be severable and unenforceable.

This policy is included in the Student Handbook

(Bay District School Board Policy 5330)

The School Board shall not be responsible for the diagnosis and treatment of student illness. The administration of prescribed medication and/or medically-prescribed treatments to a student during school hours will be permitted only when failure to do so would jeopardize the health of the student, the student would not be able to attend school if the medication or treatment were not made available during school hours, or if the child is disabled and requires medication to benefit from his/her educational program.

For purposes of this policy, "medication" shall include all medicines including those prescribed by a physician and any nonprescribed (over-the-counter) drugs, preparations, and/or remedies. "Treatment" refers both to the manner in which a medication is administered and to health-care procedures which require special training, such as catheterization.

Approval and Use
Before any prescribed medication or treatment may be administered to any student during school hours, the Board shall require a completed Permission to Administer Medication form signed by a physician and parent.

The child's physician and the parent must also authorize in writing any self-medication by the student. Before any nonprescribed medication or treatment may be administered, the Board shall require the prior written consent of the parent along with a waiver of any liability of the District for the administration of the medication. Medication shall not be carried on a student's person in the school except as approved by the principal. Furthermore, no student is allowed to provide or sell any type of over-the-counter medication to another student. Violations of this rule will be considered violations of Policy 5530 - Drug Prevention and of the Student/Parent Handbook.

Only medication in its original container; labeled with the date, if a prescription; the student's name, the physician's name; and exact dosage will be administered.

Storage
The principal will designate the person(s) to be responsible for accepting, counting, and administering the medication. The designated person(s) will complete a medication log for each student when medication is administered. Medication will be counted and stored properly in the ORIGINAL CONTAINER under lock and key in a location designated by the principal. Proper disposal of unused medication shall be the responsibility of the principal.

With written consent from the healthcare provider and parent, a student with diabetes shall be allowed to carry and self-administer medication, supplies, and equipment based on the student's diabetes medical management plan.

Administration of Medication

For all types of medication, except those identified below, the principal or appropriately trained designee shall assist the student in the administration of the medication. Parents may administer medication or treatment.

The Board shall permit the administration by a licensed nurse of any medication requiring intravenous or intramuscular injection or the insertion of a device into the body when both the medication and the procedure are prescribed by a physician and the staff member has completed any necessary training.

Nonmedical assistive personnel shall be allowed to perform health-related services upon successful completion of child-specific training by a registered nurse or advanced practice registered nurse licensed under F.S. Chapter 464, a physician licensed pursuant to F.S. Chapters 458 or 459, or a physician assistant licensed pursuant to F.S. Chapters 458 or 459. All procedures shall be monitored periodically by a nurse, advanced practice registered nurse, physician assistant, or physician, including, but not limited to:
intermittent clean catheterization.
gastrostomy tube feeding.
monitoring blood glucose.
administering emergency injectable medication.

For all other invasive medical services not listed in this subsection, a registered nurse or advanced practice registered nurse licensed under F.S Chapter 464, a physician licensed pursuant to F.S. Chapters 458 or 459, or a physician assistant licensed pursuant to F.S. Chapters 458 or 459 shall determine if nonmedical District personnel shall be allowed to perform such service.

Students who may require administration of an emergency medication may have such medication, identified as aforenoted, stored under lock and key in the clinic/school office and administered in accord with this policy.
In-service programs directed by the school principal, designee, and Bay County Public Health Nurse(s) will be conducted for those authorized to administer medication.

Assignment of Certain Staff at Schools with Enrolled Students with Diabetes
Each school in the District that has a student enrolled with diabetes shall have licensed nurse or trained school personnel (i.e., unlicensed assistive personnel) assigned to the school. These individuals must be appropriately trained to provide the necessary diabetes care throughout the school day and during school-sponsored activities.

This policy is included in the Student Handbook