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JICK - Pupil Safety and Violence Prevention - Bullying

It is the policy of the School District that its students have an educational setting that is safe, secure, peaceful and free from student harassment, also known as bullying.  The School District will not tolerate unlawful harassment of any type and conduct that constitutes bullying, as defined herein, will not be tolerated.
 
I. Definitions:

  1. 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 pupil which:
     
    1.  Physically harms a pupil or damages the pupil’s property;
    2. Causes emotional distress to a pupil;
    3. Interferes with a pupil’s educational opportunities;
    4. Creates a hostile educational environment; or
    5. Substantially disrupts the orderly operation of the school.

Bullying shall also include actions motivated by an imbalance of power based on a pupil’s actual or perceived personal characteristics, behaviors, or beliefs, or motivated by the pupil’s association with another person and based on the other person’s characteristics, behaviors, or beliefs. 

  1. Cyber bullying 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 cyber bullying.
  2. Electronic devices include, but are not limited to, telephones, cellular phones, computers, pagers, electronic mail, instant messaging, text messaging, and websites.
  3. 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 reference in this policy to “parent” shall include parents or legal guardians. 

II. Statement Prohibiting Bullying or Cyber bullying of a Pupil  (RSA 193-F:4 II):

The Board is committed to providing all pupils a safe and secure school environment.  This policy is intended to comply with RSA 193-F.  Conduct constituting bullying and/or cyber bullying will not be tolerated and is hereby prohibited. 
The Superintendent of Schools is responsible for ensuring that this policy is implemented. 

III. Statement Prohibiting Retaliation or False Accusations (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, teacher, administrator, volunteer, or other employee 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, teacher, school administrator or school volunteer 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 teacher or school administrator found to have engaged in reprisal or retaliation in violation of this policy shall be subject to discipline up to, and including, termination of employment.
  4. 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 Pupils 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 be protected against possible retaliation. 

IV. Protection of All Pupils (RSA 193-F: 4 II c):

This policy shall apply to all pupils and school-aged persons on school district grounds and participating in school district functions, regardless of whether or not such pupil 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. 

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.  The Superintendent may determine the method of providing the policy (employee handbook, hard copy, etc.).
 
Students: 

All students will be provided with a copy of this policy.  The Superintendent may determine the method of providing the policy (student handbook, mailing, hard copy, etc.). 

Parents: 

All parents will be provided with a copy of this policy.  The Superintendent may determine the method of providing the policy (parent handbook, mailing, etc.). 

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 incident 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 volunteer 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. 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 behaviors that they witness which appear to constitute bullying.
  2. Any school employee or volunteer 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. Upon receipt of a report of bullying, the Principal shall commence an investigation consistent with the provisions of Section XI if 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:  4, the Principal or designee shall be responsible for completing all New Hampshire Department of Education forms and reporting documents of substantiated incidents of bullying. 

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.  All notifications shall be consistent with the student privacy rights under the applicable provisions of the Family Educational 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):

Upon receipt of a report of bullying, the Principal shall, within five (5) school days, initiate an investigation into the alleged act. 

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. 

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):

Within ten (10) school days of completing an investigation, the Principal will notify the students involved in person of his/her findings and the result of the investigation. 

XV. School Officials (RSA 193-F: 4 II n):

The Superintendent of schools is responsible for ensuring that this policy is implemented.

See Also:

District Procedure JICK-R

Legal Reference(s):

NH RSA 193-F:4 

First Reading:  August 26, 2010 
Date Adopted:   January 8, 2009
Revision Date:  October 7, 2010