Below is the model bullying policy made available by the New Hampshire State Department of Education for school districts within New Hampshire to use when crafting their own bullying and cyberbullying policies. Each state’s policies vary when it comes to how they: define bullying, harassment, threats, intimidation, and violence; expect reporting and investigating to be carried out, specify response strategies, define penalties, and prescribe certain types of prevention programs and practices.

We recommend that you review and consider updating your own bullying policy on an annual basis with input from educators, administrators, counselors, mental health professionals, parents, and students themselves. That will optimize the likelihood that the policy you implement achieves its goals.

Last Updated: August 7, 2019

URL of Source: https://www.education.nh.gov/instruction/integrated/title_iv_cyber_bully.htm

This state does not appear to have a model policy, but state statute does require certain policy provisions. The statutory requirements are outlined below.

 

TITLE XV
EDUCATION

CHAPTER 193-F
PUPIL SAFETY AND VIOLENCE PREVENTION

Section 193-F:1

    193-F:1 Title. –This chapter shall be known, and may be cited as the “Pupil Safety and Violence Prevention Act of 2000.”

Source. 2000, 190:1, eff. Jan. 1, 2001.

Section 193-F:2

    193-F:2 Purpose and Intent. –
I. All pupils have the right to attend public schools, including chartered public schools, that are safe, secure, and peaceful environments. One of the legislature’s highest priorities is to protect our children from physical, emotional, and psychological violence by addressing the harm caused by bullying and cyberbullying in our public schools.
II. Bullying in schools has historically included actions shown to be motivated by a pupil’s actual or perceived race, color, religion, national origin, ancestry or ethnicity, sexual orientation, socioeconomic status, age, physical, mental, emotional, or learning disability, gender, gender identity and expression, obesity, or other distinguishing personal characteristics, or based on association with any person identified in any of the above categories.
III. It is the intent of the legislature to protect our children from physical, emotional, and psychological violence by addressing bullying and cyberbullying of any kind in our public schools, for all of the historical reasons set forth in this section, and to prevent the creation of a hostile educational environment.
IV. The sole purpose of this chapter is to protect all children from bullying and cyberbullying, and no other legislative purpose is intended, nor should any other intent be construed from the enactment of this chapter.

Source. 2000, 190:1. 2010, 155:1, eff. July 1, 2010.

Section 193-F:3

    193-F:3 Definitions. –
In this chapter:
I. (a) “Bullying” means 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.
(b) “Bullying” shall 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.
II. “Cyberbullying” means conduct defined in paragraph I of this section undertaken through the use of electronic devices.
III. “Electronic devices” include, but are not limited to, telephones, cellular phones, computers, pagers, electronic mail, instant messaging, text messaging, and websites.
IV. “Perpetrator” means a pupil who engages in bullying or cyberbullying.
V. “School property” means all real property and all physical plant and equipment used for school purposes, including public or private school buses or vans.
VI. “Victim” means a pupil against whom bullying or cyberbullying has been perpetrated.

Source. 2000, 190:1. 2004, 205:1. 2010, 155:2, eff. July 1, 2010.

Section 193-F:4

    193-F:4 Pupil Safety and Violence Prevention. –
I. Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3:
(a) Occurs on, or is delivered to, school property or a school-sponsored activity or event on or off school property; or
(b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.
II. The school board of each school district and the board of trustees of a chartered public school shall, no later than 6 months after the effective date of this section, adopt a written policy prohibiting bullying and cyberbullying. Such policy shall include the definitions set forth in RSA 193-F:3. The policy shall contain, at a minimum, the following components:
(a) A statement prohibiting bullying or cyberbullying of a pupil.
(b) A statement prohibiting retaliation or false accusations against a victim, witness, or anyone else who in good faith provides information about an act of bullying or cyberbullying and, at the time a report is made, a process for developing, as needed, a plan to protect pupils from retaliation.
(c) A requirement that all pupils are protected regardless of their status under the law.
(d) A statement that there shall be disciplinary consequences or interventions, or both, for a pupil who commits an act of bullying or cyberbullying, or falsely accuses another of the same as a means of retaliation or reprisal.
(e) A statement indicating how the policy shall be made known to school employees, regular school volunteers, pupils, parents, legal guardians, or employees of a company under contract to a school, school district, or chartered public school. Recommended methods of communication include, but are not limited to, handbooks, websites, newsletters, and workshops.
(f) A procedure for reporting bullying or cyberbullying that identifies all persons to whom a pupil or another person may report bullying or cyberbullying.
(g) A procedure outlining the internal reporting requirements within the school or school district or chartered public school.
(h) A procedure for notification, within 48 hours of the incident report, to the parent or parents or guardian of a victim of bullying or cyberbullying and the parent or parents or guardian of the perpetrator of the bullying or cyberbullying. The content of the notification shall comply with the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g.
(i) A provision that the superintendent or designee may, within the 48-hour period, grant the school principal or designee a waiver from the notification requirement if the superintendent or designee deems such waiver to be in the best interest of the victim or perpetrator. Any such waiver granted shall be in writing. Granting of a waiver shall not negate the school’s responsibility to adhere to the remainder of its approved written policy.
(j) A written procedure for investigation of reports, to be initiated within 5 school days of the reported incident, identifying either the principal or the principal’s designee as the person responsible for the investigation and the manner and time period in which the results of the investigation shall be documented. The superintendent or designee may grant in writing an extension of the time period for the investigation and documentation of reports for up to an additional 7 school days, if necessary. The superintendent or superintendent’s designee shall notify in writing all parties involved of the granting of an extension.
(k) A requirement that the principal or designee develop a response to remediate any substantiated incident of bullying or cyberbullying, including imposing discipline if appropriate, to reduce the risk of future incidents and, where deemed appropriate, to offer assistance to the victim or perpetrator. When indicated, the principal or designee shall recommend a strategy for protecting all pupils from retaliation of any kind.
(l) A requirement that the principal or designee report all substantiated incidents of bullying or cyberbullying to the superintendent or designee.
(m) A written procedure for communication with the parent or parents or guardian of victims and perpetrators regarding the school’s remedies and assistance, within the boundaries of applicable state and federal law. This communication shall occur within 10 school days of completion of the investigation.
(n) Identification, by job title, of school officials responsible for ensuring that the policy is implemented.
III. The department of education may develop a model policy in accordance with the requirements set forth in this chapter which may be used by schools, school districts, and chartered public schools as a basis for adopting a local policy.
IV. A school board or board of trustees of a chartered public school shall, to the greatest extent practicable, involve pupils, parents, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of developing the policy. The policy shall be adopted by all public schools within the school district and, to the extent possible, the policy should be integrated with the school’s curriculum, discipline policies, behavior programs, and other violence prevention efforts.

Source. 2000, 190:1. 2010, 155:2, eff. July 1, 2010.

Section 193-F:5

    193-F:5 Training and Assessment. –
I. Each school district and chartered public school shall provide:
(a) Training on policies adopted pursuant to this chapter, within 9 months of the effective date of this section and annually thereafter, for school employees, regular school volunteers, or employees of a company under contract to a school, school district, or chartered public school who have significant contact with pupils for the purpose of preventing, identifying, responding to, and reporting incidents of bullying or cyberbullying; and
(b) Educational programs for pupils and parents in preventing, identifying, responding to, and reporting incidents of bullying or cyberbullying. Any such program for pupils shall be written and presented in age appropriate language.
II. The department of education shall provide evidence-based educational programs to support training as required under paragraph I.
III. Nothing in this chapter shall require the inclusion of any specific curriculum, textbook, or other material designed to prevent bullying or cyberbullying in any program or activity conducted by an educational institution. The omission of such subject matter from any curriculum, textbook, or other material in any program or activity conducted by an educational institution shall not constitute a violation of this chapter.

Source. 2002, 149:2. 2010, 155:2, eff. July 1, 2010.

Section 193-F:6

    193-F:6 Reporting. –
I. Each school district and chartered public school shall annually report substantiated incidents of bullying or cyberbullying to the department of education. Pursuant to the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, such reports shall not contain any personally identifiable information pertaining to any pupil. The department shall develop a form to facilitate the reporting by school districts and chartered public schools. The department shall maintain records of such reports.
II. The department of education shall prepare an annual report of substantiated incidents of bullying or cyberbullying in the schools. The report shall include the number and types of such incidents in the schools and shall be submitted to the president of the senate, the speaker of the house of representatives, and the chairpersons of the house and senate education committees. The department of education shall assist school districts with recommendations for appropriate actions to address identified problems with pupil safety and violence prevention.

Source. 2010, 155:3, eff. July 1, 2010.

Section 193-F:7

    193-F:7 Immunity. –A school administrative unit employee, school employee, chartered public school employee, regular school volunteer, pupil, parent, legal guardian, or employee of a company under contract to a school, school district, school administrative unit, or chartered public school, shall be immune from civil liability for good faith conduct arising from or pertaining to the reporting, investigation, findings, recommended response, or implementation of a recommended response under this chapter. The department of education shall be immune from civil liability for its good faith conduct in making recommendations under this chapter.

Source. 2010, 155:3, eff. July 1, 2010.

Section 193-F:8

    193-F:8 School District Discrimination or Harassment Policies. –A school district or chartered public school may establish separate discrimination or harassment policies that include categories of pupils, and nothing in this chapter shall prevent a school district or chartered public school from remediating any discrimination or harassment based on a person’s membership in a legally protected category under local, state, or federal law.

Source. 2010, 155:3, eff. July 1, 2010.

Section 193-F:9

    193-F:9 Private Right of Action Not Permitted. –Nothing in this chapter shall supersede or replace existing rights or remedies under any other general or special law, including criminal law, nor shall this chapter create a private right of action for enforcement of this chapter against any school district or chartered public school, or the state.

Source. 2010, 155:3, eff. July 1, 2010.

Section 193-F:10

    193-F:10 Public Academies. –The provisions of this chapter shall apply to public academies as defined in RSA 194:23.

CHAPTER 155

HB 1523 – FINAL VERSION

11Mar2010… 0764h

05/12/10 1861s

2010 SESSION

10-2094

04/05

HOUSE BILL 1523

AN ACT revising the pupil safety and violence prevention act.

SPONSORS: Rep. Schlachman, Rock 13; Rep. Judith Day, Rock 13; Rep. Spaulding, Hills 18; Rep. Stiles, Rock 15; Rep. P. Price, Hills 26; Sen. Hassan, Dist 23; Sen. Kelly, Dist 10

COMMITTEE: Education

ANALYSIS

This bill revises the statute on pupil safety and violence prevention to include harassment, intimidation, bullying, and cyberbullying.

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2010… 0764h

05/12/10 1861s

10-2094

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT revising the pupil safety and violence prevention act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

155:1 Pupil Safety and Violence Prevention; Purpose. RSA 193-F:2 is repealed and reenacted to read as follows:

193-F:2 Purpose and Intent.

  1. All pupils have the right to attend public schools, including chartered public schools, that are safe, secure, and peaceful environments. One of the legislature’s highest priorities is to protect our children from physical, emotional, and psychological violence by addressing the harm caused by bullying and cyberbullying in our public schools.
  2. Bullying in schools has historically included actions shown to be motivated by a pupil’s actual or perceived race, color, religion, national origin, ancestry or ethnicity, sexual orientation, socioeconomic status, age, physical, mental, emotional, or learning disability, gender, gender identity and expression, obesity, or other distinguishing personal characteristics, or based on association with any person identified in any of the above categories.

III. It is the intent of the legislature to protect our children from physical, emotional, and psychological violence by addressing bullying and cyberbullying of any kind in our public schools, for all of the historical reasons set forth in this section, and to prevent the creation of a hostile educational environment.

  1. The sole purpose of this chapter is to protect all children from bullying and cyberbullying, and no other legislative purpose is intended, nor should any other intent be construed from the enactment of this chapter.

155:2 Pupil Safety and Violence Prevention; Definitions. RSA 193-F:3 through RSA 193-F:5 are repealed and reenacted to read as follows:

193-F:3 Definitions. In this chapter:

I.(a) “Bullying” means 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.

(b) “Bullying” shall 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. “Cyberbullying” means conduct defined in paragraph I of this section undertaken through the use of electronic devices.

III. “Electronic devices” include, but are not limited to, telephones, cellular phones, computers, pagers, electronic mail, instant messaging, text messaging, and websites.

  1. “Perpetrator” means a pupil who engages in bullying or cyberbullying.
  2. “School property” means all real property and all physical plant and equipment used for school purposes, including public or private school buses or vans.
  3. “Victim” means a pupil against whom bullying or cyberbullying has been perpetrated.

193-F:4 Pupil Safety and Violence Prevention.

  1. Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3:

(a) Occurs on, or is delivered to, school property or a school-sponsored activity or event on or off school property; or

(b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.

  1. The school board of each school district and the board of trustees of a chartered public school shall, no later than 6 months after the effective date of this section, adopt a written policy prohibiting bullying and cyberbullying. Such policy shall include the definitions set forth in RSA 193-F:3. The policy shall contain, at a minimum, the following components:

(a) A statement prohibiting bullying or cyberbullying of a pupil.

(b) A statement prohibiting retaliation or false accusations against a victim, witness, or anyone else who in good faith provides information about an act of bullying or cyberbullying and, at the time a report is made, a process for developing, as needed, a plan to protect pupils from retaliation.

(c) A requirement that all pupils are protected regardless of their status under the law.

(d) A statement that there shall be disciplinary consequences or interventions, or both, for a pupil who commits an act of bullying or cyberbullying, or falsely accuses another of the same as a means of retaliation or reprisal.

(e) A statement indicating how the policy shall be made known to school employees, regular school volunteers, pupils, parents, legal guardians, or employees of a company under contract to a school, school district, or chartered public school. Recommended methods of communication include, but are not limited to, handbooks, websites, newsletters, and workshops.

(f) A procedure for reporting bullying or cyberbullying that identifies all persons to whom a pupil or another person may report bullying or cyberbullying.

(g) A procedure outlining the internal reporting requirements within the school or school district or chartered public school.

(h) A procedure for notification, within 48 hours of the incident report, to the parent or parents or guardian of a victim of bullying or cyberbullying and the parent or parents or guardian of the perpetrator of the bullying or cyberbullying. The content of the notification shall comply with the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g.

(i) A provision that the superintendent or designee may, within the 48-hour period, grant the school principal or designee a waiver from the notification requirement if the superintendent or designee deems such waiver to be in the best interest of the victim or perpetrator. Any such waiver granted shall be in writing. Granting of a waiver shall not negate the school’s responsibility to adhere to the remainder of its approved written policy.

(j) A written procedure for investigation of reports, to be initiated within 5 school days of the reported incident, identifying either the principal or the principal’s designee as the person responsible for the investigation and the manner and time period in which the results of the investigation shall be documented. The superintendent or designee may grant in writing an extension of the time period for the investigation and documentation of reports for up to an additional 7 school days, if necessary. The superintendent or superintendent’s designee shall notify in writing all parties involved of the granting of an extension.

(k) A requirement that the principal or designee develop a response to remediate any substantiated incident of bullying or cyberbullying, including imposing discipline if appropriate, to reduce the risk of future incidents and, where deemed appropriate, to offer assistance to the victim or perpetrator. When indicated, the principal or designee shall recommend a strategy for protecting all pupils from retaliation of any kind.

(l) A requirement that the principal or designee report all substantiated incidents of bullying or cyberbullying to the superintendent or designee.

(m) A written procedure for communication with the parent or parents or guardian of victims and perpetrators regarding the school’s remedies and assistance, within the boundaries of applicable state and federal law. This communication shall occur within 10 school days of completion of the investigation.

(n) Identification, by job title, of school officials responsible for ensuring that the policy is implemented.

III. The department of education may develop a model policy in accordance with the requirements set forth in this chapter which may be used by schools, school districts, and chartered public schools as a basis for adopting a local policy.

  1. A school board or board of trustees of a chartered public school shall, to the greatest extent practicable, involve pupils, parents, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of developing the policy. The policy shall be adopted by all public schools within the school district and, to the extent possible, the policy should be integrated with the school’s curriculum, discipline policies, behavior programs, and other violence prevention efforts.

193-F:5 Training and Assessment.

  1. Each school district and chartered public school shall provide:

(a) Training on policies adopted pursuant to this chapter, within 9 months of the effective date of this section and annually thereafter, for school employees, regular school volunteers, or employees of a company under contract to a school, school district, or chartered public school who have significant contact with pupils for the purpose of preventing, identifying, responding to, and reporting incidents of bullying or cyberbullying; and

(b) Educational programs for pupils and parents in preventing, identifying, responding to, and reporting incidents of bullying or cyberbullying. Any such program for pupils shall be written and presented in age appropriate language.

  1. The department of education shall provide evidence-based educational programs to support training as required under paragraph I.

III. Nothing in this chapter shall require the inclusion of any specific curriculum, textbook, or other material designed to prevent bullying or cyberbullying in any program or activity conducted by an educational institution. The omission of such subject matter from any curriculum, textbook, or other material in any program or activity conducted by an educational institution shall not constitute a violation of this chapter.

155:3 New Sections; Pupil Safety and Violence Prevention. Amend RSA 193-F by inserting after section 5 the following new sections:

193-F:6 Reporting.

  1. Each school district and chartered public school shall annually report substantiated incidents of bullying or cyberbullying to the department of education. Pursuant to the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, such reports shall not contain any personally identifiable information pertaining to any pupil. The department shall develop a form to facilitate the reporting by school districts and chartered public schools. The department shall maintain records of such reports.
  2. The department of education shall prepare an annual report of substantiated incidents of bullying or cyberbullying in the schools. The report shall include the number and types of such incidents in the schools and shall be submitted to the president of the senate, the speaker of the house of representatives, and the chairpersons of the house and senate education committees. The department of education shall assist school districts with recommendations for appropriate actions to address identified problems with pupil safety and violence prevention.

193-F:7 Immunity. A school administrative unit employee, school employee, chartered public school employee, regular school volunteer, pupil, parent, legal guardian, or employee of a company under contract to a school, school district, school administrative unit, or chartered public school, shall be immune from civil liability for good faith conduct arising from or pertaining to the reporting, investigation, findings, recommended response, or implementation of a recommended response under this chapter. The department of education shall be immune from civil liability for its good faith conduct in making recommendations under this chapter.

193-F:8 School District Discrimination or Harassment Policies. A school district or chartered public school may establish separate discrimination or harassment policies that include categories of pupils, and nothing in this chapter shall prevent a school district or chartered public school from remediating any discrimination or harassment based on a person’s membership in a legally protected category under local, state, or federal law.

193-F:9 Private Right of Action Not Permitted. Nothing in this chapter shall supersede or replace existing rights or remedies under any other general or special law, including criminal law, nor shall this chapter create a private right of action for enforcement of this chapter against any school district or chartered public school, or the state.

193-F:10 Public Academies. The provisions of this chapter shall apply to public academies as defined in RSA 194:23.

155:4 Wiretapping and Eavesdropping; Interception and Disclosure. Amend RSA 570-A:2, II(k)(1) to read as follows:

(k)(1) The owner or operator of a school bus, as defined in RSA 259:96, to make an audio recording in conjunction with a video recording of the interior of the school bus while students are being transported to and from school or school activities, provided that the school board authorizes audio recording, the school district provides notification of such recording to the parents and students as part of the district’s pupil safety and violence prevention policy required under [RSA 193-F:3, I(b)] RSA 193-F, and there is a sign informing the occupants of such recording prominently displayed on the school bus.

155:5 New Section; Safe School Zones; Liability for Reporting. Amend RSA 193-D by inserting after section 8 the following new section:

193-D:9 Liability for Reporting. Any public or private school employee or employee of a company under contract to a school or school district who in good faith has made a report under RSA 193-D shall not be subject to liability for making the report.

155:6 Effective Date. This act shall take effect July 1, 2010.

Approved: June 15, 2010

Effective Date: July 1, 2010

  PUPIL SAFETY AND VIOLENCE PREVENTION Prevention of Bullying

 

    The Nashua School District is committed to providing all pupils with a safe, secure and peaceful school environment.  Conduct constituting bullying or cyberbullying will not be tolerated and is expressly prohibited.  

 

Furthermore, the District reserves the right to address bullying and, if 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

 

  1. Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.

 

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 an individual is a pupil within the District.    The superintendent is responsible for the implementation of this policy.

  1. Definitions

 

  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 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. 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.
  1. Electronic devices. Electronic devices include, but are not limited to, telephones, cellular phones, computers, pagers, electronic mail, instant messaging, text messaging, and websites.
  1. Perpetrator. Perpetrator means a Pupil who engages in bullying or cyberbullying.

 Nashua Board of Education Policy JICK

 

Page 2 of 6

 

PUPIL SAFETY AND VIOLENCE PREVENTION Prevention of Bullying

 

  1. 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.

 

  1. Victim. Victim means a Pupil against whom bullying or cyberbullying has been perpetrated.

 

Any reference in this policy to “parent” shall include parents or legal guardians.  

 

  1. Statement prohibiting retaliation or false accusations

 

False Reporting 

 

A pupil 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. 

 

Reprisal or Retaliation 

 

The District will discipline and take appropriate action against any pupil 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. 

 

The consequences and appropriate remedial action for a pupil 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 and Board policies.  Any pupil found to have engaged in reprisal or retaliation in violation of this policy shall be subject to disciplinary measures up to and including suspension and expulsion. 

 

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, or if the Principal has reason to believe that retaliation may occur, the Principal shall develop a process or plan to protect that pupil from possible retaliation.

 

Each process or plan may be developed on a case-by-case basis.  Actions available to the Principal and/or Superintendent to protect the pupil include, but are not limited to, re-arranging pupil class schedules to minimize their contact, stern warnings to alleged perpetrators, temporary removal of privileges, transferring the perpetrator to another school within the School District, or other means necessary to protect the alleged victim against possible retaliation.

III.  Procedure for Reporting Bullying   

  1. At each school the Principal and/or designee of the Principal shall be responsible for receiving and responding to complaints of alleged violations of this policy.

 Nashua Board of Education Policy JICK

 

Page 3 of 6

 

PUPIL SAFETY AND VIOLENCE PREVENTION Prevention of Bullying

 

  1. Any pupil who believes he or she has been the victim of bullying should report the alleged acts immediately to the Principal. If the pupil is more comfortable reporting the alleged act to a person other than the Principal, the pupil may tell any school district employee or volunteer about the alleged bullying.

 

  1. Any school employee, coach or regular school volunteer who witnesses, receives a report of, or has knowledge or belief that bullying may have occurred must inform the Principal as soon as possible, but no later than the end of that school day.

 

  1. The Principal shall develop a system or method for receiving anonymous reports of bullying. Although pupils, 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.

 

  1. Upon receipt of a report of bullying, the Principal shall commence an investigation consistent with the provisions of Section V of this policy.
  1. Notifying Parents of Alleged Bullying & Waiver of Notification Requirement
  1. The Principal shall notify the parents of the alleged victim and the alleged perpetrator that a potential incident has occurred and will be investigated. Such notification must be made within 48 hours of receiving the report and may be made by telephone, writing, email notice, 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 pupil privacy rights under the applicable provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA).
  1. The Superintendent or designee may, within a 48 hour time period, grant the Principal a waiver from the requirement that the parents of the alleged victim or 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.  
  1. Investigative Procedures
  1. Upon receipt of a report of bullying the Principal or designee shall, within five (5) school days initiate an investigation into the alleged act. The investigation shall be completed within ten (10) school days of the reported incident, and should include speaking with the alleged victim, the alleged perpetrator and known witnesses, as well as reviewing other evidence available through reasonable good faith efforts.
  1. The Superintendent or designee may grant in writing an extension of the time period for the investigation and documentation of reports for up to an additional seven (7) school days. In the event an extension is granted, the Principal shall notify in writing all parties involved of the granting of the extension.

 Nashua Board of Education Policy JICK

Page 4 of 6

PUPIL SAFETY AND VIOLENCE PREVENTION Prevention of Bullying

  1. Should a report of bullying be received by the principal at or near the end of a school year or summer school term, all time lines for investigation and reporting contained in this policy shall apply to calendar days, exempting Saturdays, Sundays and holidays.
  1. Documentation of a substantiated incident of bullying shall be recorded in the pupil records of both the victim and perpetrator through the District’s pupil management system. Documentation shall include all relevant information pertaining to the incident, including communications with parents, a description of the incident including the time and place, and disciplinary or remedial actions that have been taken. Documentation of the incident in the pupil management system will constitute a report to the Superintendent, who has access to all pupil files.
  1. Should an investigation lead a principal to believe the action of a perpetrator constitutes criminal behavior, the principal shall notify local law enforcement authorities of the incident, in addition to any investigation and action taken by the School District.
  1. Communication With Parents Upon Completion of Investigation

Within two (2) school days of the completion of the investigation the Principal will attempt to notify via telephone the parents of the alleged victim and alleged perpetrator of the results of the investigation.  The Principal shall provide further written notice to the parents within 24 hours of the attempt to call them, formally notifying them of the results of the investigation. All notifications shall be consistent with pupil privacy rights under the applicable provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA).

VII.  Response to Remediate Substantiated Instances of Bullying

The district reserves the right to impose disciplinary measures against any pupil who commits an act of bullying, falsely accuses another pupil of bullying, or retaliates against any pupil or witness who provides information about an act of bullying.

Pupils who are found to have violated this policy may face discipline in accordance with Board of Education policies on student behavior standards and other applicable Board policies, up to and including suspension and/or expulsion.  Pupils facing discipline will be afforded all due process required by law.

In addition to imposing discipline under such circumstances, the Board encourages the administration and staff to seek alternatives to traditional discipline, including but not limited to early intervention measures, alternative dispute resolution, conflict resolution and other similar measures.

Consequences for a pupil 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 pupil, and the pupil’s history of problem behaviors and performance.  Non-disciplinary 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.

 Nashua Board of Education Policy JICK

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PUPIL SAFETY AND VIOLENCE PREVENTION Prevention of Bullying

    Examples of non-disciplinary remedial measures include but are not limited to making a written apology to the victim, completing hours of community service, receiving counseling or transferring a perpetrator to another school.

The Board supports the promotion of 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.

VIII.  Appeal

  1. For non-disciplinary remedial actions where no other review procedures govern, the parents of the pupils involved in the bullying, or eligible pupils eighteen years of age or older involved in the bullying, shall have the right to appeal the Principal’s decision to the Superintendent in writing within five (5) business days. The Superintendent shall review the Principal’s decision and issue a written decision within ten (10) business days. If the aggrieved party is still not satisfied with the outcome, the aggrieved party may file a written request for review by the Board within ten (10) business days of the Superintendent’s decision.  If a non-disciplinary remedial action is imposed by the Superintendent the aggrieved party may file a written request for review by the Board within ten (10) business days of the Superintendent’s decision. The Board will adhere to all applicable New Hampshire Department of Education administrative rules.
  1. The procedures under RSA 193:13, Ed 317, and District policies establish the due process and appeal rights for pupils disciplined for acts of bullying.
  1. A non-disciplinary remedial action will remain in effect unless or until it is overturned through an appeal process.
  2. The Board or its designee will inform parents of any appeal rights they may have to the New Hampshire State Board of Education.
  1. Distribution and Notice of This Policy All staff, pupils, parents, and regular school volunteers will be provided with a copy of this policy on an annual basis through student and staff handbooks, as well as posting the policy in public areas of each school and the District Office.  The policy shall also be available through the POPPS policy manual contained on the District’s website.
  1. Reporting

The superintendent or designee will report to the Board twice per year: • the number of substantiated incidents of bullying or cyberbullying • the number of false reports of bullying or cyberbullying • the number of appeals • the number of appeals granted

 Nashua Board of Education Policy JICK

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PUPIL SAFETY AND VIOLENCE PREVENTION Prevention of Bullying

Legal References:

 RSA 193-F:3 Student Safety and Violence Prevention Act  RSA 193:13 Suspension and Expulsion of Pupils  NH Code of Administrative Rules, Section Ed 306.04(a)(8), Student Harassment  NH Code of Administrative Rules, Section Ed 317, Student Discipline

Approved: May 2001 Revised: March 2003, September 2004 R/Board Approved: 12/13/2010 [Replaces POPPS 3244.1 ]

For further reading, check out what the New Hampshire bullying law covers. If you’d like to compare New Hampshire bullying law to the laws across the United States, please see our interactive US Bullying Laws map, which depicts which states have specified criminal sanctions, school sanctions, school policy requirements, and the coverage of off-campus behaviors when dealing with bullying and cyberbullying.

Also available on our site is New Hampshire sexting law. If you’d like to compare New Hampshire sexting law to the laws across the United States, please see our interactive US Sexting Laws map, which depicts which states explicitly cover sexting, whether they address minors sending sexts, whether they address minors receiving sexts, and whether they have a revenge porn law.

Finally, here is New Hampshire’s sample bullying policy, available to use as a model for school districts in Nevada’s they work to define bullying and cyberbullying while also covering investigations, reporting procedures, penalties/sanctions, response strategies, and the implementation of prevention programs and practices.

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