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.  
    
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 - 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. 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 chooses not to do so.
    
5. 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. 
    
6. Reports Involving Students from Different Districts.  Reports of bullying which relate to students from different districts should, when possible, be made to the Principal of the school in which the victim(s) is enrolled/attending, otherwise to the Principal of the school in which the perpetrator is enrolled/attending.     
   

1. 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.
      

2. 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. 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. 
    
3. Notice when Allegations Involve Students from Other Districts/Schools/States. When a report of bullying involves conduct across 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.
   

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).
       
   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. Factors the Principal or other investigator may consider are 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; 
          
      9. Whether the conduct violated any District or school policies or rules; and
          
      10. The date, time and method by which parents or legal guardians of all parties involved were first contacted. 
           

1. 7. ​​​​The Principal shall complete the investigation within 10 school days of receiving the initial report.  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 shall notify in writing all parties involved of the granting of 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.

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). 

1. 1. 1. The Principal will meet promptly with each student directly involved in the incident(s) and communicate the general investigative determination as to whether the allegations of bullying/cyberbullying were substantiated, and any initial consequences or interventions appropriate to the determination. 
          
      2. 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.
          
      3. If the 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 discipline and remedial action assigned to those students, and the parents of other students involved in a bullying incident.
         

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(l). The Principal shall forward all substantiated reports of bullying to the Superintendent upon completion of the Principal’s investigation.
          
      2. Department of Education Reports - RSA 193-F:4, II(g). The 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).   Disciplinary 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, and performance.

10. Summary of School Officials' Duties to Implement Policy - RSA 193-F:4, II(n).
    
    The Superintendent, as the person charged with supervision of all employees of the District, is responsible for the implementation of this policy and the provisions of RSA 193-F. The School Principal(s) are expected and required by statute to implement this policy within their respective school buildings and ensure the procedures are followed. 
    
    Consistent with this policy, the Principal(s) shall receive reports of alleged bullying or retaliation, investigate the alleged conduct, communicate with the parties involved (including their parents) consistent with privacy laws, and communicate/report to the Superintendent. The Superintendent shall oversee the Principal(s) in their duties relative to this policy and shall ensure each school is compliant with this policy. Additionally, the Superintendent will receive reports of substantiated incidents, review waivers and time extension requests, and communicate with the Principal(s), the School Board, and the NH Department of Education, all as provided in this policy.
     
11. Immunity and Liability – RSA 193-F:7 & 9.
    
    Under 193-F:7, employees, volunteers, students, parents, and any other person covered by this policy will 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 policy or RSA 193-F. (Note – civil liability could arise, (including for attorney’s fees) in the event of gross negligence or willful misconduct for violations of this policy.)

Adopted:  06/2001

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