I. Introduction
The Milton Academy bullying prevention and intervention plan addresses bullying, cyber-bullying, and retaliation. Milton Academy is committed to working with students, families, faculty, staff, law enforcement agencies, and the community to prevent bullying. The policies below respond to the Massachusetts law against bullying and are an integral part of the School’s efforts to prevent behavior that can impede the learning process. The Upper School dean of students’ office and the K-8 principal’s office is responsible for the implementation and oversight of this plan.
This plan is consistent with broader protections at Milton Academy against discrimination, harassment, bullying and retaliation that appear in our Upper School Student Handbook, our Middle School Student Handbook, our Lower School Parent Handbook and in our Faculty and Staff Handbooks.
It is important to bear in mind that stricter standards of behavior may apply under Milton Academy’s policies in order that the School may prevent inappropriate verbal and physical conduct before a student has been subject to bullying as it is defined under the 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.
II. Anti-bullying Policy
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 actor 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. Cyberbullying shall also include (i) the creation of a web page or blog in which the creator assumes the identity of another person or (H) 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.
Reporting Bullying or Retaliation
Any student who feels he or she or any other student has been the subject of bullying or retaliation should immediately report the matter to the dean of students’ office or the K-8 principal’s office. Student reports of bullying or retaliation may be made anonymously, although no disciplinary action will be taken against a student solely on the basis of an anonymous report. In addition, any Milton Academy faculty or staff member who has witnessed or otherwise become aware of any bullying or retaliation must, by law, report it to the dean of students’ office. Please note that faculty and staff may not make reports under this policy anonymously. 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.
The School strongly urges the parents of a student who is the target of bullying or cyber-bullying or of a student who has witnessed or otherwise has relevant information about bulling or cyber-bullying to promptly notify the dean of students’ office. Furthermore, the School urges any parent who has witnessed bullying or cyber-bullying or has relevant information concerning such an incident to come forward to the dean of students or the K-8 principal. A parent should also report any incident of retaliation in violation of this policy to the dean of students or the K-8 principal. Parental reports of bullying or retaliation may be made anonymously, although no disciplinary action will be taken against a student solely on the basis of an anonymous report.
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 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.
If the dean of students’ office or the K-8 principal’s office determines that bullying or retaliation has occurred, the office will (i) notify the parents or guardians of the perpetrator(s); (ii) notify the parents or guardians of the victim(s); (iii) assess the victim’s need for protection and take appropriate steps as necessary to restore a sense of safety for the victim; (iv) take appropriate disciplinary action; (v) in consultation with the counselors or others as appropriate, refer perpetrators and the victims of such students for counseling or other appropriate services, if necessary, and (vi) notify the local law enforcement agency if the deans’ or K-8 principal’s office believes that criminal charges may be pursued against a perpetrator.
Please note that the disciplinary actions that may be taken against a perpetrator of bullying or retaliation include the full range of disciplinary responses for other forms of student misconduct, up to and including dismissal from the school. No disciplinary action will be taken against a student solely on the basis of an anonymous report.
If the dean of students’ office or the K-8 principal’s office determines that a student has knowingly made a false accusation of bullying or retaliation, the dean of students’ office or the K-8 principal’s office will take appropriate disciplinary action.
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