Code:
JICK
BULLYING
It is the intent of the MSAD #41 Board to provide all students with an
equitable opportunity to learn. To that
end, the Board has a significant interest in providing a safe, orderly and
respectful school environment that is conducive to teaching and learning.
Bullying is detrimental to student learning and achievement. It interferes with the mission of the
schools to educate their students and disrupts the operations of the schools. Bullying affects not only students who are
targets but also those who participate and witness such behavior.
The Board also believes that promoting ethical and responsible behavior
is an essential part of the school unit’s educational purpose. Ethics,
responsible behavior and “character” are important if a student is to leave
school as a “responsible and involved citizen” as described in the Guiding
Principles of Maine’s system of Learning Results. Bullying interferes with the accomplishment
of this goal.
Finally, the Board
recognizes the well-publicized incidents of violence and threatened violence
that have occurred nationally in the past several years. As research suggests a link between bullying
and school violence, the Board seeks to avoid such incidents and instead take a
systematic approach to bullying prevention and intervention.
It is not the Board’s
intent to prohibit students from expressing their ideas, including ideas that
may offend the sensibilities of others, or from engaging in civil debate. However, the Board does not condone and will
take action in response to conduct that interferes with students’ opportunity
to learn, the educational mission of the MSAD #41 schools, and the operation of
the schools.
Bullying Prohibited
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Code: JICK
Bullying Defined
For the purpose of this
policy, “bullying” means any physical act or gesture or any verbally, written,
or electronically communicated expression that:
A. A reasonable person should expect will
have the effect of:
1. Physically
harming a student or damaging a student’s property;
2. Placing a student in reasonable fear of
physical harm or damage to his/her property; or
3. Substantially disrupting the instructional
program or the orderly operations of the school; or
B. Is
so severe, persistent, or pervasive that it creates an intimidating, hostile
educational environment for the student who is bullied.
Application of Policy
This policy applies to bullying that takes place at
school or on school grounds, at any school-sponsored activity or event, or
while students are being transported to or from school or school-sponsored
activities or events. It also applies to
bullying that occurs at any other time or place that
substantially disrupts the instructional program, operations of the
school, or welfare of students.
Examples of conduct that may constitute bullying include, but are not
limited to:
A. Physical
contact or injury to another person or his/her property;
B. Threats of
harm to a student, to his/her possessions, or to other individuals, whether
transmitted verbally, in writing, or through cyberspace;
C. Blackmail,
extortion, demands for protection money, or involuntary loans or donations;
D. Non-verbal
threats and/or intimidations such as use of aggressive or menacing gestures;
E. Stalking;
F. Blocking
access to school property or facilities;
G. Stealing or
hiding books, backpacks, or other possessions;
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Code: JICK
H. Repeated
or pervasive taunting, name-calling, belittling, mocking, put-downs, or
demeaning humor relating to a student’s race, color, ethnicity, gender, sexual
orientation, ancestry, religion, disability, or other personal characteristics,
whether or not the student actually possesses them, that could reasonably be
expected to result in disruption of the instructional program or operations of
the schools, or that results in a hostile educational environment for the
student.
For the purpose of this policy, bullying does not mean mere teasing,
put-downs, “talking trash,” trading of insults, or similar interactions among
friends, nor does it include expression of ideas or beliefs so long as such
expression is not lewd, profane, or does not interfere with students’ opportunity
to learn, the instructional program, or the operations of the schools. This
does not preclude teachers or school administrators from setting and enforcing
rules for civility, courtesy, and/or responsible behavior in the classroom and
the school environment.
The determination whether particular conduct constitutes bullying
requires reasonable consideration of the circumstances, which include the
frequency of the behavior at issue, the location in which the behavior occurs,
the ages and maturity of the students involved, the activity or context in
which the conduct occurs, and the nature and severity of the conduct.
Delegation of Responsibility
The Superintendent/designee will be responsible for developing and
implementing procedures for:
A. Student
and parent reporting of bullying to staff and school administrators;
B. Staff
reporting of bullying to school administrators;
C. Review
of reports and investigation of bullying incidents;
D. Intervention
with and/or discipline of students who engage in bullying;
E. Support
for students who are victims of bullying;
F. Training
staff and students in bullying prevention; and
G. Periodic
evaluation of bullying prevention, intervention, and training efforts in MSAD
#41 schools and reporting to the Board upon request.
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Code: JICK
Reporting
Students who have been bullied or who observe incidents of bullying are
encouraged to report this behavior to a staff member or school
administrator. Staff should report
bullying to the building principal.
Acts of reprisal or retaliation against any person who reports an
incident of bullying are prohibited. Any
student who is determined to have falsely accused another of bulling shall be
subject to disciplinary consequences.
Responding to Bullying
In determining the appropriate response to students who engage in
bullying behavior, school administrators should consider the ages and maturity
of the students involved, the type of behaviors, the frequency and/or pattern
of behaviors, the context in which the incident occurred, and other relevant
circumstances. Consequences may range
from positive behavioral interventions up to and including suspension,
expulsion, and/or reports to law enforcement officials.
Dissemination of Policy
Notice of what constitutes bullying, the Board’s prohibition against
bullying, and the consequences for students who bully shall be communicated to
students and parents through the Student Code of Conduct and Student Handbook.
Legal Reference: 20-A M.R.S.A.
§ 1001(15)(H)
P.L.
2005, ch. 307 § 4-5
Cross Reference: AC - Nondiscrimination, Equal Opportunity
ACAA - Harassment
and Sexual Harassment of Students
ACAD - Hazing
ADF -
JI - Student
Rights and Responsibilities
JICC - Student
Conduct on Buses
JICIA - Weapons,
Violence and School Safety
JK - Student
Discipline
JKD - Suspension
of Students
JKE - Expulsion of
Students
Student Code of
Conduct
First
Adopted:
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