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JICK PUPIL SAFETY AND VIOLENCE PREVENTION - BULLYING I.
Definitions (RSA 193-F:3): 1.
Bullying – Bullying is
hereby defined as a single significant incident or a pattern of incidents
involving a written, verbal, or electronic communication, or a physical act
or gesture, or any combination thereof, directed at another student which: -
Physically harms a student or damages the
student’s property -
Causes emotional distress to a student -
Interferes with a student’s educational
opportunities -
Creates a hostile educational environment -
Substantially disrupts the orderly operation of
the school Bullying shall also include actions
motivated by an imbalance of power based on a student’s actual or perceived
personal characteristics, behaviors, or beliefs; or motivated by the
student’s association with another person and based on the other person’s
characteristics, behaviors, or beliefs. 2.
Cyberbullying –
Cyberbullying is defined as any conduct defined as “bullying” in this policy
that is undertaken through the use of electronic devices. For purposes of this policy, any references
to the term bullying shall include cyberbullying. 3.
Electronic
devices
– Electronic devices include, but are not limited to, telephones, cellular
phones, computers, pagers, electronic mail, instant messaging, text
messaging, and websites. 4.
School
property
– School property means all real property and all physical plant and
equipment used for school purposes, including public or private school buses
or vans. Any references
in this policy to “parent” shall include parents or legal guardians. II.
Statement Prohibiting Bullying or Cyberbullying of a Student (RSA 193-F:4,
II(a)) The Board is committed to providing
all students a safe and secure school environment. This policy is intended to comply with RSA
193-F. Conduct constituting bullying
and/or cyberbullying will not be tolerated and is hereby prohibited. Further, in accordance with RSA
193-F:4, the District reserves the right to address bullying and, in
necessary, impose discipline for bullying that: 1.
Occurs on, or is delivered to, school property
or a school-sponsored activity or
event on or off school property; or 2.
Occurs off of school property or outside of a
school-sponsored activity or event, if the conduct interferes with a
student’s educational opportunities or substantially disrupts the orderly
operations of the school or school-sponsored activity or event. The
Superintendent of Schools is responsible for ensuring that this policy is
implemented. III.
Statement Prohibiting Bullying or Cyberbullying of a Student (RSA 193-F:4, II(b)) False
Reporting A student
found to have wrongfully and intentionally accused another of bullying may
face discipline or other consequences, ranging from positive behavioral
interventions up to and including suspension or expulsion. A school employee found to have
wrongfully and intentionally accused a student of bullying shall face
discipline or other consequences to be determined in accordance with
applicable law, District policies, procedures and collective bargaining agreements. Reprisal or
Retaliation The District
will discipline and take appropriate action against any student who
retaliates against any person who makes a good faith report of alleged
bullying or against any person who testifies, assists, or participates in a
proceeding or hearing relating to such bullying. 1.
The consequences and appropriate remedial action
for a student who engages in reprisal or retaliation shall be determined by
the Principal after consideration of the nature, severity and circumstances
of the act, in accordance with law, Board policies, and any applicable
collective bargaining agreements. 2.
Any student found to have engaged in reprisal or
retaliation in violation of this policy shall be subject to measures up to,
and including, suspension and expulsion. 3.
Any school volunteer found to have engaged in
reprisal or retaliation in violation of this policy shall be subject to
measures up to, and including exclusion from school grounds. Process to
Protect Students from Retaliation If the alleged
victim or any witness expresses to the Principal or other staff member that
he/she believes he/she may be retaliated against, the Principal shall develop
a process or plan to protect that student from possible retaliation. Each process
or plan may be developed on a case-by-case basis. Suggestions include, but are not limited
to: re-arranging student class
schedules to minimize their contact, stern warnings to alleged perpetrators,
temporary removal of privileges, or other means necessary to protect against
possible retaliation. IV.
Protection of all Students (RSA 194-F:4, II(c)) This policy
shall apply to all students and school-aged persons on school district
grounds and participating in school district functions, regardless or whether or not such student or school-aged person is a
student within the District. V.
Disciplinary Consequences for Violations of this Policy (RSA 193-F:4, II(d)) The District reserves the right to
impose disciplinary measures against any student who commits an act of
bullying, falsely accuses another student of bullying, or who retaliates
against any student or witness who provides information about an act of
bullying. In addition to
imposing discipline under such circumstances, the Board encourages the
administration and school district staff to seek alternatives to traditional
discipline, including but not limited to early intervention measures,
alternative dispute resolution, conflict resolution, and other similar measures. VI.
Distribution and Notice of this Policy (RSA 193-F:4, II(e)) Staff and Volunteers All staff will be provided with a copy
of this policy annually. The
Superintendent may determine the method of providing the policy (employee
handbook, hard copy, etc.) The Superintendent will ensure that
all school employees and volunteers receive annual training on bullying and
related District policies. Students All students will be provided with a
copy of this policy annually. The
Superintendent may determine the method of providing the policy (student
handbook, mailing, hard copy, etc.) Students will participate in an annual
education program which sets out expectations for student behavior and
emphasizes an understanding of harassment, intimidation, and bullying of
students, the District’s prohibition of such conduct and the reasons why the
conduct is destructive, unacceptable, and will lead to discipline. Students shall also be informed of the
consequences of bullying conduct toward their peers. The Superintendent, in consultation
with staff, may incorporate student anti-bullying training and education into
the District’s curriculum, but shall not be required to do so. Parents All parents will be provided with a
copy of this policy annually. The
Superintendent may determine the method of providing the policy (parent
handbook, mailing, etc.). Parents will
be informed of the program and the means for students to report bullying acts
toward them or other students. They
will also be told that to help prevent bullying at school they should
encourage their children to: 1.
Report bullying when it occurs; 2. Take advantage
of opportunities to talk to their children about bullying; 3.
Inform the school immediately if they think their
child is being bullied or is bullying other students; 4. Cooperate
fully with school personnel in identifying and resolving incidents. Additional
Notice and School District Programs The Board may, from time to time, host
or schedule public forums in which it will address the anti-bullying policy,
discuss bullying in the schools, and consult with a variety of individuals
including teachers, administrators, guidance counselors, school psychologists
and other interested persons. VII.
Procedure for Reporting Bullying (RSA 193-F:4, II(f)) At each school, the Principal shall be
responsible for receiving complaints of alleged violations of this policy. Student
Reporting 1.
Any student who believes he or she has been the
victim of bullying should report the alleged acts immediately to the
Principal. If the student is more
comfortable reporting the alleged act to a person other than the Principal,
the student may tell any school district employee or volunteer about the
alleged bullying. 2.
Any school employee or volunteers who witnesses,
receives a report of, or has knowledge or belief that bullying may have
occurred shall inform the Principal as soon as possible, but no later than the end of that school day. 3.
The Principal may develop a system or method for
receiving anonymous reports of bullying.
Although students, parents, volunteers and visitors may report
anonymously, formal disciplinary action may not be based solely on an
anonymous report. Independent verification of the anonymous report shall be
necessary in order for any disciplinary action to be applied. 4.
The administration may develop student reporting
forms to assist students and staff in filing such reports. An investigation shall still proceed even
if a student is reluctant to fill out the designated form or chooses not to
do so. 5.
Upon receipt of a report of bullying, the
Principal shall commence an investigation consistent with the provisions of
Section XI of this policy. Staff
Reporting 1.
An important duty of the staff is to report acts
or behavior that they witness that appears to constitute bullying. 2.
All district employees and volunteers shall
encourage students to tell them about acts that may constitute bullying. For young students, staff members given
such information will need to provide direct assistance to the student. 3.
Any school employee or volunteers who witnesses,
receives a report of, or has knowledge or belief that bullying may have
occurred shall inform the Principal as soon as possible, but no later than the end of that school day. 4.
Upon receipt of a report of bullying, the
Principal shall commence an investigation consistent with the provisions of
Section XI of this policy. VIII.
Procedure for Internal Reporting Requirements (RSA 193-F:4, II(g)) In order to
satisfy the reporting requirements of RSA 193-F:6, the Principal or designee
shall be responsible for completing all New Hampshire Department of Education
forms and reporting documents of substantiated incidents of bullying. Said forms shall be completed within ten (10)
school days of any substantiated incident.
Upon completion of such forms, the Principal or designee shall retain
a copy for themselves and shall forward one copy to the Superintendent. The Superintendent shall maintain said
forms in a safe and secure location. IX.
Notifying Parents of Alleged Bullying (RSA 193-F:4,
II(h)) The Principal shall report to the
parents of a student who has been reported as a victim of bullying and to the
parents of a student who has been reported as a perpetrator of bullying
within 48 hours of receiving the report.
Such notification may be made by telephone, writing or personal
conference. The date, time, method,
and location (if applicable) of such notification and communication shall be
noted in the report. All notifications
shall be consistent with the student privacy rights under the applicable
provisions of the Family Education Rights and Privacy Act of 1974 (FERPA). X.
Waiver of Notification Requirement (RSA 193-F:4,
II(i)) The
Superintendent may, within a 48 hour time period, grant the Principal a
waiver from the requirement that the parents of the alleged victim and the
alleged perpetrator be notified of the filing of a report. A waiver may only be granted if the
Superintendent deems such a waiver to be in the best interest of the victim
or perpetrator. Any waiver granted
shall be in writing. XI.
Investigative Procedures (RSA 193-F:4, II(j)) 1.
Upon receipt of a report of bullying, the
Principal shall, within five (5) school days, initiate an investigation into
the alleged act. If the Principal is
directly and personally involved with a complaint or is closely related to a
party to the complaint, then the Superintendent shall direct another district
employee to conduct the investigation. 2.
The investigation may include documented
interviews with the alleged victim, alleged perpetrator and any
witnesses. All interviews shall be
conducted privately, separately and shall be confidential. Each individual will be interviewed
separately. 3.
If the alleged bullying was in whole or in part
cyberbullying, the Principal may ask students and/or parents to provide the
District with printed copies of e-mails, text messages, website pages, or
other similar electronic communications. 4.
A maximum of ten (10) school days shall be the
limit for the initial filing of incidents and completion of the investigative
procedural steps. 5.
Factors the Principal or other investigator may
consider during the course of the investigation, including but not limited
to: -
Description of incident, including the nature of
the behavior; -
How often the conduct occurred; -
Whether there were past incidents or past
continuing patterns of behavior; -
The characteristics of parties involved (name,
grade, age, etc.): -
The identify and number of individuals who participated
in bullying behavior; -
Where the alleged incident(s) occurred; -
Whether the conduct adversely affected the
student’s education or educational environment; -
Whether the alleged victim felt or perceived an
imbalance of power as a result of the reported incident; and -
The date, time and method in which parents or
legal guardians of all parties involved were contacted. 6.
The Principal shall complete the investigation
within ten (10) school days of receiving the initial report. If the Principal needs more than ten (10)
school days to complete the investigation, the Superintendent may grant an
extension of up to seven (7) school days.
In the event such extension is granted, the Principal shall notify in
writing all parties involved of the extension. 7.
Whether a particular action of incident
constitutes a violation of this policy shall require a determination based on
all facts and surrounding circumstances and shall include recommended
remedial steps necessary to stop the bullying and a written final report to
the Principal. 8.
Students who are found to have violated this
policy may face discipline in accordance with other applicable Board
policies, up to and including suspension.
Students facing discipline will be afforded all due process required
by law. XII.
Response to Remediate Substantiated Instances of Bullying (RSA 193-F:4, II(k)) Consequences and appropriate remedial
actions for a student or staff member who commits one or more acts of
bullying or retaliation may range from positive behavioral interventions up
to and including suspension or expulsion of students and dismissal from
employment for staff members. Consequences for a student who commits
an act of bullying or retaliation shall be varied and graded according to the
nature of the behavior, the developmental age of the student, and the
student’s history of problem behaviors and performance. Remedial measures shall be designed to
correct the problem behavior, prevent another occurrence of the problem,
protect and provide support for the victim, and take corrective action for
documented systematic problems related to bullying. Examples of
consequences may include, but are not limited to:
Examples of remedial measures may
include, but are not limited to:
In support of this policy, the Board
promotes preventative educational measures to create greater awareness of
aggressive behavior, including bullying.
The Board encourages the Superintendent to work collaboratively with
all staff members to develop responses other than traditional discipline as a
way to remediate substantiated instances of bullying. XIII.
Reporting of Substantiated Incidents to the Superintendent (RSA 193-F:4, II (l)) The Principal
shall forward all substantiated reports of bullying to the Superintendent
upon completion of the Principal’s investigation. XIV.
Communication With Parents Upon Completion of Investigation (RSA 193-F:4, II(m)) 1.
Within two (2) school days of completing an
investigation, the Principal will notify the students involved in person of
their findings and the result of the investigation. 2.
The Principal will notify via telephone the
parents of the alleged victim and alleged perpetrator of the results of the
investigation. The Principal will also
send a letter to the parents within 24-hours again notifying them of the
results of the investigation. 3.
If the parents request, the Principal shall
schedule a meeting with them to further explain their findings and reasons
for his/her actions. 4.
In accordance with the Family Educational Rights
and Privacy Act (FERPA) and other law concerning student privacy, the
District will not disclose educational records of students including the
discipline and remedial action assigned to those students and the parents or
other students involved in a bullying incident. XV.
Appeal 1.
For non-disciplinary remedial actions where no
other review procedures govern, the parents of the students involved in the
bullying shall have the right to appeal the Principal’s decision to the
Superintendent in writing within five (5) school days. The Superintendent shall review the
Principal’s decision and issue a written decision within ten (10) school
days. If the aggrieved party is still
not satisfied with the outcome, the aggrieved party may file a written
request for review by the School Board within ten (10) school days of the
Superintendent’s decision. The School
Board will adhere to all applicable New Hampshire Department of Education Administrative
Rules. 2.
The procedures under RSA 193:13, ED 317, and
District policies establish the due process and appeal rights for students
disciplined for acts of bullying. 3.
The School Board or its designee will inform
parents of any appeal rights they may have to the New Hampshire State Board of
Education. XVI.
School Officials
(RSA 193-F:4, II(n)) The Superintendent of Schools is
responsible for ensuring that this policy is implemented. In order to facilitate the implementation
of this policy, the Superintendent may establish further administrative rules
or regulations. XVII.
Use of Video or Audio Recordings in Student Discipline Matters The District
reserves the right to use audio and/or video recording devices on District
property (including school buses) to ensure the health, safety and welfare of
all staff, students and visitors.
Placement and location of such devices will be established in
accordance with the provisions of School Board Policies EEACB, EEACC, and JFCC. In the event
an audio or video recording is used as part of a student’s discipline
proceeding, such video may become part of a student’s education record. If an audio or video recording does become
part of a student’s education record, the provisions of School Board Policies
EH and KBA shall apply. The
Superintendent is authorized to contact the District’s attorney for a full
legal opinion relative in the event of such an occurrence. Adopted: October 14, 2010 |