Milton Academy expects its students to uphold the rights and well-being of others.  Impinging on the well-being of others or violating the rights of others is therefore unacceptable.  As a school community, Milton prohibits bullying, physical or verbal assault, hazing, abuse, cruelty, or any sort of harassment (on the basis of race, religion, gender, sexual orientation, age, class or disability), and regards such acts as serious discipline offenses. These rules pertain regardless of the medium, in direct personal interactions, in any electronic or voice communication, and on blogs, social networking sites, web forums or other online sites. In addition, the School will not tolerate retaliation against any person who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying. Students knowingly in the presence of these rule violations add support by their presence and may also be held accountable.

Bullying and cyber-bullying are prohibited in our school buildings, on school grounds, or in school-related activities.  Bullying and cyber-bullying are also prohibited at school bus stops, on school buses and other vehicles owned, leased or used by the School, and through the use of technology or an electronic device owned, leased, or used by the School.  We will investigate promptly all reports and complaints and take prompt action to end that behavior and restore the student’s sense of safety.

In addition, bullying and cyber-bullying are prohibited at a location, activity, function, or program that is not school related or through the use of technology or an electronic device that is not owned, leased, or used by the School, if the bullying creates a hostile environment at school for a targeted student; infringes on the well-being of a targeted student at school; or materially and substantially disrupts the educational process or the orderly operation of the School.


Statutory Definitions of Bullying

Massachusetts Anti-Bullying Law (signed May 3, 2010) defines bullying as: 
“repeated use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof, directed at a victim that: (i) causes physical or emotional harm to the victim or damage to the victim’s property; (ii) places the victim in reasonable fear of harm to himself or of damage to his property;( iii) creates a hostile environment at school for the victim; (iv,) infringes on the rights of the victim at school; or (v) materially and substantially disrupts the education process or the orderly operation of a school.”

Please note that a “hostile environment” exists when conduct is sufficiently severe or pervasive that it materially interferes with a student’s educational experience.

Cyber-bullying is defined by the same statute as: 
“bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. Cyber-bullying shall also include (i) the creation of a web page or blog in which the creator assumes the identity of another person or (ii) the knowing impersonation of another person as the author of posted content or messages, if the creation or impersonation creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying. Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying.”

In addition, the law also prohibits retaliation against any person who reports bullying, who provides information during an investigation of bullying, or who witnesses or has reliable information pertaining to bullying.  "Retaliation" means any form of intimidation or harassment directed against any such person.

Reporting Bullying or Retaliation

Students:  Any student who feels that he or she or any other student has been the victim of an action of bullying or retaliation is strongly encouraged to report the matter promptly to the dean of students' office or the K-8 principal's office.  Student reports of bullying may be made anonymously, although the School is prohibited from taking any disciplinary action against a student solely on the basis of an anonymous report.  A student who knowingly makes a false accusation of bullying or retaliation will be subject to disciplinary action, up to and including dismissal.

Parents/Guardians:  The School urges the parents or guardians of a student who is the target of bullying or of a student who has witnessed or otherwise has relevant information about bullying or retaliation to promptly notify the dean of students' office or the K-8 principal's office.  Furthermore, any parent or guardian who has witnessed or otherwise has relevant information about bullying or retaliation or feels that any student has been the victim of an action of bullying or retaliation is strongly encouraged to report the matter promptly to the dean of students' office or the K-8 principal's office.  Such reports of bullying or retaliation may be made anonymously, although the School is prohibited from taking any disciplinary action against a student solely on the basis of an anonymous report.  

Faculty and Staff:  All administrators, teachers, and staff - every person who is employed by the School in any capacity - must immediately report any single action of bullying or retaliation that the person has witnessed or otherwise become aware of to the dean of students' office or the K-8 principal's office.  Please note that faculty and staff may not make reports under this policy anonymously.  An employee who knowingly makes a false accusation of bullying or retaliation or who fails immediately to report an instance of bullying or retaliation of which they are aware shall be subject to disciplinary action, up to and including dismissal.

Assistance:  The Upper School counselors (Lisa Morin, Elihu Selter, Jennifer Hamilton) are available to assist anyone who may need support reporting such activity.  In K-8, Lower School psychologist Joan Abramson and Middle School Counselor Nicci King are available to assist anyone who may need support reporting such activity.

Because information must be shared in order to conduct effective investigations, the School cannot promise strict confidentiality.  However, the School will normally release information concerning complaints of bullying, cyber-bullying and retaliation only on a legitimate need to know basis.

School Response to Allegations of Bullying or Retaliation

Once any allegation of bullying or retaliation is received, an investigation of the charge will be conducted by the dean of students’ office or the K-8 principal’s office.  The nature and extent of the investigation will depend upon the circumstances.  The dean of student’s office or the K-8 principal will conduct an impartial investigation of the complaint. That investigation may include (but will not necessarily be limited to) interviews with the person who made the complaint, with the student who was the target of the alleged bullying, cyber-bullying, or retaliation, with the person or persons against whom the complaint was made, and with any students, faculty, staff or other persons who witnessed or who may otherwise have relevant information about the alleged incident.  Depending on the circumstances, the dean of students’ office or the K-8 principal’s office may choose to consult with other teachers and/or the School’s health professionals.

Notification And Response:
Following interviews and any other investigation undertaken, as the School deems appropriate, the dean of students or the K-8 principal will determine whether and to what extent the allegation of bullying, cyber-bullying, or retaliation has been substantiated.  

Notification:
If the dean of students or the K-8 principal determines that bullying or retaliation has occurred, the dean of students or the K-8 principal will take the following actions:

• Notify the parents or guardians of the victim and, to the extent consistent with state and federal law, notify them of any action taken to prevent any further acts of bullying or retaliation:
• Notify the parents or guardians of the alleged perpetrator(s): and
• Assess the victim’s need for protection and take appropriate steps as necessary to restore a sense of safety for that student.
  

Response:
If the dean of students or the K-8 principal determine that bullying or retaliation has occurred, that any other element of the policy set forth in this Plan has been violated, or that any other school rule has been violated, the dean of students or the K-8 principal will determine what disciplinary action and/or other remedial action is appropriate and how it will be implemented.

When necessary, the following steps may be taken:

• In consultation with the school’s counseling staff, refer perpetrators, victims and family members of such students for counseling or other services as appropriate.
• Take appropriate disciplinary action, which may include any form of discipline that the School imposes for other violations of its rules and policies, up to and including dismissal.  It is important to note that stricter standards of behavior may apply under Milton Academy’s rules of conduct in order that we may prevent inappropriate verbal and/or physical conduct before a student has been subjected to bullying as it is defined under current Massachusetts law. For example, although the law defines bullying as “repeated use” of certain expressions, acts, and/or gestures, the School reserves the right to apply disciplinary measures and other corrective action in a case of a single expression, act, or gesture, if the School determines that it is of sufficient severity to warrant disciplinary measures or other remedial action or that the repetition of that expression, act, or gesture might reasonably result in bullying as defined under the law.
• Notify local law enforcement if the dean of students or K-8 principal believes that criminal charges may be pursued against a perpetrator.  Depending on the nature of the conduct, bullying may involve, for example, the crimes of stalking; making threats; harassment; or making harassing, annoying or molesting electronic communications.  In addition, retaliation or threats of retaliation may involve, for example, the crime of witness intimidation.
• Notify the appropriate administrator of another school if an incident of bullying or retaliation involves a student from that school.
  

It is important to note that the Head of School (in conjunction with the dean of students or the K-8 principal) retains final authority in all disciplinary proceedings and decisions at Milton Academy.  In most case where there are violations of the policy as set forth in this Plan, the Head of School (in conjunction with the dean of students or the K-8 principal) will retain jurisdiction to make final decisions and carry out remedial action without resort to the School’s Disciplinary System.

For all reports of bullying or retaliation, the dean of students or K-8 principal will keep a file of the report, the investigation, and any steps taken in response to a finding of bullying or retaliation.

Notification and Training

The School will provide written notice of this Plan to students and parents/guardians at least annually.  Relevant portions of the Plan will be included in the Parent and Student Handbook.

The School will post the entire Plan on its website.

The School will provide training on this Plan for all faculty and staff at least annually.  The training at a minimum will include a review of the reporting obligations for all faculty and staff and the processes that the School will follow in response to a report of bullying or retaliation.

The Plan, or relevant portions thereof, will be included in the employee handbook.   

Reviewing and Updating This Plan

The Plan will be updated at least once every two years.  In connection with that update, the dean of students and the K-8 principal will be responsible for reviewing the Plan, reviewing the file of reported incidents of bullying or retaliation in at least the preceding two years, and undertaking such other steps as may be appropriate to evaluate the effectiveness of this Plan and the School’s compliance with the Plan and any laws or regulations relating thereto.  

Conclusion

This Plan is intended (1) to prevent bullying or retaliation among our students, (2) to encourage students and their parents to have confidence in the School’s procedures and to come forward promptly whenever a student is subject to conduct that is prohibited by this or any other school policy; and (3) to implement appropriate discipline and other corrective measures when they are found to be warranted.



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