NWESD Policy Manual & Administrative Procedures

3245-P – Procedure – Students and Telecommunication Devices

Definitions:

1. Sexting means sending, forwarding, displaying, retaining, storing, or posting sexually explicit, lewd, indecent or pornographic photographs, images, or messages by or on a cell phone, computer, or other electronic means during program hours or program activities on or off campus; while on NWESD 189 property, during any recess, lunch, or leave periods on or off NWESD 189 property; or beyond the hours of program operation if the behavior detrimentally affects the personal safety or well-being of program-related individuals, the governance, climate, or efficient operation of the program; or the educational process or experience.
2. Disrupting the learning environment means any intentional gesture, any intentional electronic communication or any intentional written, verbal or physical act or statement initiated, occurring, transmitted or received by a student at a program that a reasonable person under the circumstance should know will have the effect of:
   1. Insulting, mocking, or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the program; or
   2. Creating an intimidating, threatening, hostile or abusive educational environment for a student or group of students through substantially severe, persistent, or pervasive behavior.
3. Third parties include, but are not limited to, coaches, program volunteers, parents or guardians, program visitors, service contractors, or others engaged in NWESD 189 business or activities that are not directly subject to NWESD 189 control at program events.

Reporting Violations:

Any student, employee, parent or guardian, or third party who has knowledge of conduct in violation of this policy or any student who feels he/she has been a victim of sexting, menacing, retaliation or reprisal in violation of this policy will immediately report the concerns to:

1. The program administrator or his/her designee;
2. A teacher who will be responsible for notifying the program administrator or designee immediately if the matter cannot be adequately addressed by the teacher, or warrants administrative intervention;
3. A counselor, who is responsible for notifying the program administrator or designee immediately if the matter cannot be addressed by the counselor or is sufficiently serious to warrant administrative intervention; or
4. The NWESD 189 Superintendent or designee.

Investigating:

The program administrator or designee will be responsible for timely investigating a complaint made under this policy. The investigation, witness statements, and evidence will be documented along with the outcome of the investigation.

In the course of the investigation, administrative staff will not send, receive, or unnecessarily view or transmit sexting photographs or any other inappropriate images on either the NWESD 189’s or their personal electronic devices. The examination or viewing of the evidence/information will be limited to the extent necessary to determine that misconduct occurred.

Parent or Guardian Notification:

Parents or guardians of all students identified in the report will be notified of the investigation and informed of their students’ involvement in the incident.

Discipline:

The NWESD 189 may administer discipline for students whose behavior violates this policy. Law enforcement may also be notified when conduct may violate criminal laws.

The NWESD 189 will make reasonable attempts to assist students and/or parents or guardians to resolve concerns and issues prior to the use of the formal criminal complaint process. Assistance may include consultation, counseling, education, mediation, and/or other opportunities for problem-solving.

When administering discipline, the administrator will take into consideration the context of the events, all relevant circumstances, and the parties’ prior behavior, the nature of the behavior and its potential harm and the emotional and/or physical harm resulting from the reported party’s actions.

Sexting Offenses

First offense:

1. Parents or guardians will be notified;
2. The NWESD 189 will file an information report with the police by phone or in writing;
3. The student’s phone or electronic device will be confiscated, searched and returned only to a parent or guardian; and

The NWESD 189 may administer appropriate interventions and may take other actions as appropriate.

Second offense:

1. Parents or guardians will be notified;
2. Police may be notified;
3. The student’s phone or electronic device will be confiscated, searched and returned only to a parent or guardian; and
4. The NWESD 189 may administer appropriate interventions and may take other actions as appropriate.

Third offense:

1. Parents or guardians will be notified;
2. Police may be notified;
3. The student’s phone or electronic device will be confiscated, searched and returned only to a parent or guardian;
4. The student may be ineligible to participate in extracurricular activities; and
5. The NWESD 189 may impose appropriate interventions and take may take other actions as appropriate.

Presented to Board: 11/18/19

Date Revised: 11/18/19