JICD-E

PEMBROKE SCHOOL DISTRICT

PUPIL SAFETY AND VIOLENCE PREVENTION POLICY

(Bullying Policy In Compliance With RSA 193-F:3)

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

Bullying Defined

“Bullying” for purposes of this policy is defined as insults, taunts, or challenges, whether verbal or physical in nature, which are likely to intimidate or provoke a violent or disorderly response. Bullying in violation of this policy may not rise to the level of unlawful harassment under Title IX of the Education Acts of 1972, the Americans With Disabilities Act, Title VI, or the Rehabilitation Act of 1974.

Reporting Procedure

1. Any student who believes they have been a victim of bullying may report the alleged act to the building principal. If a student is more comfortable reporting the alleged act to a person other than the building principal, the student may contact any School District employee.

2. Any school employee, or employee of a company under contract with the school or School District, who has witnessed or has reliable information that a student has been subjected to bullying shall report the incident to the student’s principal or the principal’s designee.

3. Upon receipt of a report of bullying, the principal or designee shall within 24 hours forward a written report to the superintendent of the incident and the principal or designee’s response to the incident.

4. The principal, or designee, shall by telephone and in writing by first-class mail, report the occurrence of any incident of bullying to the parent or legal guardian of all pupils involved within 48 hours of the occurrence of such incident. The notice shall advise the individuals involved of their due process rights including the right to appeal to the state board of education. The superintendent may, within the 48 hour time period, grant the principal a written waiver from the notification requirement if the superintendent deems such waiver to be in the best interest of the child.

Investigation and Remedial Action

1. The principal or designee shall investigate alleged acts of bullying.

2. The principal will take such disciplinary action deemed necessary and appropriate, including but not limited to detention, in-house suspension, out-of-school suspension or referral to superintendent to consider long-term suspension or expulsion, and/or referral to law enforcement in order to end bullying and prevent its recurrence.

APPROVED: January, 2001

REVISED: September, 2004; April, 2005

3. The procedures under RSA 193:13, Ed 317 and the School District discipline policies establish the due process and appeal rights for students disciplined for acts of bullying.

4. Besides initiating disciplinary action, the principal may also take other remedial action deemed necessary and appropriate to end bullying and prevent its recurrence including but not limited to requiring participation in peer mentoring, life skills groups; and/or reassigning classes, lunch periods or transportation.

5. For non-disciplinary remedial actions where no other review procedures govern, the parent or legal guardian of the pupils involved in the bullying shall have the right to appeal the principal or designee’s decision to the superintendent in wiring within 5 days. The superintendent shall review the principal or designee’s decision and issue a written decision within 10 days.

If the aggrieved party is still not satisfied with the outcome, then the aggrieved party may file a written request for review by the School Board within 10 days of the superintendent’s decision.

The school board shall adhere to the procedures set for the in Ed 216 in resolving the dispute.

Any individual aggrieved by the school board’s decision shall have the right to appeal the decision to the State Board of Education within 20 calendar days of receipt of the written decision of the school board in accordance with Ed 200.

Policy Notification

Copies of this policy shall be given to all employees, students and parents annually by publishing in the applicable handbook. Whenever new School District employees or students begin during the school year, they shall receive a copy of the appropriate handbook before commencing work or school attendance.

Bullying As Abuse

Under certain circumstances, bullying could constitute abuse under RSA 169-C, the Child Abuse Reporting Act. In such situations, employees shall comply with provisions of the School District’s policy JLF and the law.

Sexual Harassment

Bullying may constitute sexual harassment in which case it shall be subject to the School District’s policy ALA.

Immunity

A school employee, or employee of a company under contract with a school or school district, who has reported violations under this chapter to the principal, or designee, shall be immune from any cause of action which may arise from the failure to remedy the reported incident.