5009 - (JICK) Bullying Prevention - Pupil Safety and Violence Prevention

1. Purpose and Intent. The Milford School District is committed to providing a safe and respectful learning environment for all students. Through education, prevention, and consistent enforcement, we aim to eliminate bullying and promote positive peer relationships for all of our students. This policy defines and prohibits bullying and related conduct, and establishes clear procedures for reporting, investigating, and responding to incidents.for all of our students.  
    
1. Prohibition of Bullying or Cyberbullying of a Student - RSA 193-F:4, II(a). This policy is intended to comply with and implement RSA 193-F.  Bullying, in any form—whether physical, verbal, social, or cyber—is strictly prohibited and will not be tolerated. This policy defines bullying and related conduct, and establishes clear procedures for reporting, investigating, and responding to incidents. 
    
2. Protection of all School Aged Children - RSA 193-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, whether or not such school-aged person is a student within the District and regardless of status.
    
3. Prohibition of Retaliation and False Accusations - RSA 193-F:4, II(b). This policy prohibits retaliation or false threats against a victim, witness, or anyone else who, in good faith, provides information about an act of bullying or cyberbullying. 
    
2. Definitions - (RSA 193-F:3).
   

3. Retaliation & False Accusations - RSA 193-F:4, II(b). Retaliation or false accusations
   related to bullying or cyberbullying shall be deemed a violation of this policy. Upon
   receiving any report of bullying or cyberbullying, the Principal will immediately assess the
   need to develop a plan or take steps to protect the alleged victim or any witnesses against
   retaliation. The same assessment shall be made at any point upon a report of retaliation or
   false accusations made during or after a bullying/cyberbullying investigation.
   
   Reports of retaliation or false accusations relating to a bullying/cyberbullying report may be
   made in the same manner as for reports of bullying/cyberbullying as provided in this policy.
   
   Investigations, and responses (i.e., interventions, supportive measures, disciplinary
   consequences) to reports of retaliation or false accusations may be made as provided in
   the same manner as provided in Sections E - H for reports or incidents of
   bullying/cyberbullying, or in accordance with procedures and provisions set forth in the
   Code of Conduct/Student handbook.
    
4. Procedures for Reporting Bullying, Cyberbullying, Retaliation or False Accusations - 
   RSA 193-F:4, II(f). At each school, the Principal is responsible for receiving reports or
   complaints of bullying or cyberbullying.
    
   1. Student Reporting. Any student who believes he or she has been the victim of
      bullying/cyberbullying, retaliation, or false accusations should report the alleged
      acts immediately to the Principal, or to a school district employee or volunteer to
      whom the student feels more comfortable making the report.
       
   2. Staff Reporting. Any school employee or volunteer who receives a report of,
      witnesses, or has knowledge or belief that bullying/cyberbullying or retaliation may
      have occurred, shall inform the Principal as soon as possible, but no later than the
      end of that school day.
       
   3. Parent Reporting. Parents and other adults are also encouraged to report any
      concerns about possible bullying/cyberbullying or retaliation of students to the
      Principal.
       
   4. Anonymous Reports. The Principal may develop a system or method for receiving
      anonymous reports of bullying within the building. Although students, parents,
      volunteers and visitors may report anonymously, an investigation based upon such
      reports may by necessity be incomplete. More significantly, formal disciplinary
      action may not be based solely on an anonymous report, and, likewise, other
      remedial or supportive measures may require some form of evidentiary verification.

1. 5. Report Forms. 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 and/or chooses not to do so.    
      

1. Notice when Allegations Involve Students from Other Districts/Schools/States -
   RSA 193-F:4, II(k). When a report of bullying involves conduct across multiple
   districts or students from multiple school districts, the Principal/designee will
   immediately inform the Principal(s) of each of the other schools/districts.
   Additionally, if the report concerns bullying across state lines, the
   Principal/designee will inform the New Hampshire Attorney General's office.
    
2. Information to Alleged Victim - Upon a receipt of a report of bullying, the
   Principal/designee shall provide the alleged victim with a written copy of their rights,
   protections, and support services available. RSA 193-F:4, II(i).
3. Parental Notice of Bullying Report — RSA 193-F:4, II(h). Within 48 hours of
   receiving a report of bullying, the Principal will notify the parents of any student
   reported as a victim of bullying, as well as the parents of any student who has been
   reported as a perpetrator of bullying. The notification to parent(s)/guardian(s) will
   include the measures being taken to ensure the safety of the victim (alleged) and to
   prevent further acts of bullying. 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 included in the investigative report.
   Notifications shall be consistent with the applicable provisions of the Family
   Educational Rights and Privacy Act of 1974 (FERPA) relative to the student privacy
   rights of each student indicated in the report.
   
   The Principal may request of the Superintendent/designee a waiver of the parental
   notification requirement, which may be granted only if the Superintendent deems
   such a waiver to be in the best interest of either the alleged victim or alleged
   perpetrator. Details of any request for a waiver and any grant of such request will
   be included in the investigative report. However, notification to parents/guardians
   may not be waived for longer than 5 school days except for reports of bullying
   across multiple school districts (see Section E.1). RSA 193-F:4, II(j).
4. Receipt of Report. Upon receipt of a report of bullying, the Principal shall
   commence an investigation consistent with the provisions of Section F of this policy,
   and shall assess

1. 1. the need for a plan to protect students against retaliation, or further acts of
      bullying;
       
   2. whether the conduct may be construed as illegal discrimination or
      harassment related to a protected class as set forth in Board Policy 2401
      (AC - Nondiscrimination, Equal Opportunity, and Anti-Discrimination Plan). If
      so, the Principal shall confer with the District staff member(s) charged with
      handling such discrimination or harassment to determine how to proceed
      (e.g., parallel or combined investigations); and 
       
   3. whether such conduct constitutes a safe schools violation requiring a report
      pursuant to RSA 193-D:4 and Ed 317.05.

1. 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. Under state law, when bullying is alleged to occur across multiple New Hampshire
      school districts, the Principals/designees for each New Hampshire school involved
      are expected to collaborate and cooperate in the investigation. The Principal who
      first learns of the incident(s) is required to initiate the investigation.
       
   3. The investigation should include documented interviews with the alleged victim,
      alleged perpetrator and any witnesses. All interviews shall be conducted privately
      and shall be confidential to the extent permitted by law. Each individual will be
      interviewed separately, and at no time will the alleged victim and perpetrator be
      interviewed together during the investigation..
       
   4. The investigation should include review of any available surveillance recordings
      subject to the provisions of Board Policy 2315 (ECAF - Student Transportation
      Management) and 5010 (EEAA - Video and Audio Surveillance on School
      Property). As required under RSA 507-A:2, II(k), parents/guardians and students
      are notified that surveillance recordings with audio may occur on school buses as
      authorized under Board policy 2315 (ECAF).
       
   5. 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, consistent
      with Board Policy 5011 (JIH) (Searches of Students, Student’s Property & School
      Owned Property ) and RSA 189:68. The Principal may not, however, require or
      request a student’s user credentials to disclose or to provide access to a personal
      social media account.
      
      
   6. The Principal or other investigator may consider all relevant facts and
      circumstances during the course of the investigation, including but not limited to:

1. 1. 1. Description of incident, including the nature of the behavior;
          
      2. How often the conduct occurred;
          
      3. Whether there were past incidents or past continuing patterns of behavior;
          
      4. The characteristics of parties involved, (name, grade, age, etc.);
          
      5. The identity and number of individuals who participated in bullying behavior;
          
      6. Where the alleged incident(s) occurred; 
          
      7. Whether the conduct adversely affected any student’s education or
         educational environment;
          
      8. Whether the alleged victim felt or perceived an imbalance or power as a
         result of the reported incident; and
          
      9. Whether the conduct violated any District or school policies or rules.
         

1. 7. ​​​​In most instances, the Principal shall complete the investigation within 10 school
      days of receiving the initial report. See RSA 193-F:4, II(o). If the Principal needs
      more than 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/designee shall notify in writing all parties involved of the
      granting of the extension and the reason for the extension. To the extent not
      previously communicated, the Superintendent shall ensure that the victim's
      parent(s) or guardian(s) are notified of the investigation, the extension, and the
      reason for the extension.
      
      Without limiting what might constitute sufficient cause for an extension under this
      paragraph, the Superintendent may consider the interests of the victim or alleged
      perpetrator related to any investigation into some or all of the same alleged conduct
      which other investigation includes procedures and timelines mandated by a
      regulation or statute other than RSA 193-F (e.g., Title IX, criminal investigations,
      etc.). Before waiving the time requirement on account of such other investigation,
      the Superintendent should confer with counsel and/or the District’s Human
      Rights/Title IX Coordinator.
      
      
   8. In cases involving reports of bullying across multiple districts or states, the
      Principal(s) of any and all districts in New Hampshire involved shall collaborate with
      any other principals or districts involved.

1. 1. Investigative Determination and Report. Whether a particular action or incident
      constitutes bullying/cyberbullying, retaliation or other violation of this policy requires
      review and consideration of available evidence of all facts and surrounding
      circumstances. The investigative determination, along with a summary of the
      investigation, shall be included in a comprehensive report. If the determination is
      that the bullying allegation is substantiated, the report shall include provisions
      describing any disciplinary consequences, interventions, supportive measures, or
      other assistance for the victim or perpetrator, and, when indicated, any steps
      appropriate to protect all students from retaliation of any kind. The report may also
      include policy, training, or other recommendations for preventing future bullying
      conduct within the school.  
       
   2. Communication with Students and Parents Upon Completion of Investigation - RSA
      193-F:4, II(m) and (o).

1. 1. 1. Within 10 school days, the Principal will notify the parents of the alleged
         victim and of the alleged perpetrator regarding the school's remedies and
         assistance, within the boundaries of applicable state and federal law. The
         initial communication may be in writing, in person or by telephone. If
         verbally, the Principal will also send a letter confirming earlier determination
         to the parents within two (2) school days confirming the earlier notification.
          
      2. The Principal/Designee shall conduct a conference with each perpetrator,
         and the perpetrator's parents/guardians and applicable school personnel for
         age-appropriate discussion that includes at a minimum the impacts of
         bullying. The conference shall occur even if the parent or parents or
         guardian or guardians decline to participate or fail to attend. Information
         concerning the date, time, place and attendees of the conference, and any
         other information from the conference deemed pertinent by the
         Principal/designee shall be appended to the investigative report provided to
         the Superintendent.
          
      3. If the victim’s parents request, the Principal shall schedule a meeting with
         them to further explain the investigative determination.
          
      4. In accordance with the Family Educational Rights and Privacy Act and other
         laws concerning student privacy, the District will not disclose educational
         records of other students, including the disciplinary consequences and
         remedial action assigned to perpetrator(s).
         

1. 3. Appeals.  A parent aggrieved by the investigative determination of the Principal may
      appeal the determination in accordance with the standards and procedures set forth
      for Level II and Level III appeals in Board Policy 2403 (ACA - Discrimination and
      Harassment Grievance Procedures).
       
   4. Additional Reporting Requirements.

1. 1. 1. Reporting Substantiated Incidents - RSA 193-F:4, II(n). The Principal shall
         forward all substantiated reports of bullying or retaliation to the
         Superintendent upon completion of the Principal’s investigation.
          
      2. Department of Education Reports - RSA 193-F:6The Principal shall be
         responsible for completing such reports or forms as required by the New
         Hampshire Department of Education (NHED) for all substantiated incidents
         of bullying. Irrespective of the time and date a form or report is due to be
         filed with NHED, the report or form, or the information required for the report
         or form, shall be completed or compiled within 10 school days following an
         investigative finding of a substantiated bullying/cyberbullying report. The
         Principal/designee shall retain a copy and shall forward one copy to the
         Superintendent. Hard copies are not necessary if the digital form/data is
         retained and accessible to both the building administration and SAU.
          
      3. Reporting to NH Department of Education - RSA 193-F:6, I. The
         Superintendent shall annually report the District’s substantiated incidents of
         bullying to the New Hampshire Department of Education. Pursuant to
         FERPA, such reports shall not contain any personally identifiable
         information pertaining to any student.

1. Interventions and Other Remedial Measures. Examples of interventions and
   remedial measures include, but are not limited to:

1. 1. Restitution,​​​ ​
       
   2. Parent conferences,
       
   3. Student counseling,
       
   4. Behavior assessment,
       
   5. Corrective instruction or other relevant learning experience,
       
   6. Peer support group, and
       
   7. Mediation (but only after the investigation has been completed).​​​​​ 

Interventions and other 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 systemic problems related to bullying.

2. Disciplinary Consequences - RSA 193-F:4, II(d), VI & VIII.

1. 1. Students found to have committed one or more acts of bullying or retaliation
      shall receive disciplinary consequences. Such consequences for students
      shall be consistent with the Student Code of Conduct for the conduct that
      constituted bullying/cyberbullying. Disciplinary consequences should be
      varied according to specific circumstances such as: the nature of the
      behavior, the developmental age of the student, the student’s prior
      disciplinary history, or performance. Students will be afforded any due
      process applicable to the level of consequences as provided in Board policy
      5005 (JICD), RSA 193:13 and Ed 317.
      
      
   2. Staff (see definition above) who fail to report bullying or retaliation as
      required by this policy, fail to adhere to the timelines described above,
      submit inaccurate or false information with respect to reports or
      investigations under this policy, or commit an act of retaliation against a
      reporter of bullying or any parent will be disciplined up to and including
      dismissal. Additionally, under RSA 193-F:4, VI, any such violation by an
      "educator" as defined by state law or regulation will constitute a violation of
      the Code of Conduct for New Hampshire Educators.

3. Additional Requirement of Principal(s)/Designee(s) - RSA 193-F:4, II(l). Upon a
   determination that a bullying report is substantiated, the Principal or designee will, in
   addition to the specific interventions and disciplinary responses described above,
   will, in appropriate circumstances, make recommendations to the Superintendent
   strategies for "protecting all pupils from retaliation of any kind."

Adopted:  06/2001

Revised:  11/2008, 11/2010, 1/3/2023, 3/4/2026, 8/17/2026