€¦  · web viewd. summit academy is committed to providing all students with a safe learning...

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Summit Academy Bullying Prevention and Intervention Plan Reviewed 11/13/18 TABLE OF CONTENTS I. LEADERSHIP II. TRAINING AND PROFESSIONAL DEVELOPMENT III. ACCESS TO RESOURCES AND SERVICES IV. ACADEMIC AND NON-ACADEMIC ACTIVITIES V. POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TO BULLYING AND RETALIATION VI. COLLABORATION WITH FAMILIES VII. PROHIBITION AGAINST BULLYING AND RETALIATION VIII. PROBLEM RESOLUTION SYSTEM IX. DEFINITIONS X. RELATIONSHIP TO OTHER LAWS BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS BULLYING PREVENTION AND INTERVENTION INCIDENT REPORTING FORM ACKNOWLEDGEMENT OF RECEIPT OF PLAN This plan was voted on and unanimously accepted by the Summit Academy Board of Directors on

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Page 1: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

Summit AcademyBullying Prevention and Intervention Plan

Reviewed 111318

TABLE OF CONTENTS

I LEADERSHIP

II TRAINING AND PROFESSIONAL DEVELOPMENT

III ACCESS TO RESOURCES AND SERVICES

IV ACADEMIC AND NON-ACADEMIC ACTIVITIES

V POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TOBULLYING AND RETALIATION

VI COLLABORATION WITH FAMILIES

VII PROHIBITION AGAINST BULLYING AND RETALIATION

VIII PROBLEM RESOLUTION SYSTEM

IX DEFINITIONS

X RELATIONSHIP TO OTHER LAWS

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

BULLYING PREVENTION AND INTERVENTION INCIDENT REPORTINGFORMACKNOWLEDGEMENT OF RECEIPT OF PLAN

This plan was voted on and unanimously accepted by the Summit Academy Board of Directors on

This format follows the guidelines recommended by the Massachusetts Department of Elementary and Secondary Educationrsquos suggestion of the Behavioral Health and PublicPrivate Schools Framework

Please note This plan applies to students and members of a school staff including but not limited to educators administrators school nurses cafeteria workers custodians bus drivers athletic coaches advisors to an extracurricular activity and paraprofessionals

I LEADERSHIP

A Public involvement in developing the Plan Bully Prevention and Intervention planrsquos development includes consultation of all stakeholders via public notice and a comment period before it is adopted by the school board 1 Those involved in the development are educated by Summit professional staff and have been trained in identifying bullying aggressive and retaliation behaviors imparting the definition of bullying and cyber-bullying identifying the aggressor and target and the reporting process Through the school quarterly meetings parent-teacher conferences and from public comment parents and community will have on-going input into needs assessments and proceduresB Assessing needs and resources Through Board of Directors meetings administrative and faculty meetings parent input the procedures for training and educating our staff students and community will be reviewed As culture climate and needs change based on data received through incident reporting and behavior forms recommendations will be discussed and if pertinent to the Planrsquos success and student safety will be proposed to administration Working with the behavioral specialists Board of Directors Administration and in collaboration with local law enforcement and The Attorney Generalrsquos office programs and resources for prevention education and skills and techniques will be made available to the Summit community Summit Academy annually has programs at the school with the following institutions Worcester Police Department The Massachusetts Attorney Generalrsquos Office The topic of each session is bullying and all aspects are discussed including cyber-bullying legalities definition sports related and playground concerns with follow up discussions on socially appropriate behavior The forum is set up for all students K-12 and their parentsguardians are also invited to participate and ask questions These forums will be set up for first quarter of every academic year to engage students and parents Parents are able to provide input and commentary on the plan through the Parent Advisory Group which meets monthly and quarterly to advise the school on matters of health education and safety This information will help to identify patterns of behaviors and areas of concern and will inform decision-making for prevention strategies including but not limited to adult supervision professional development age-appropriate curricula and in-school support services C Planning and oversight The Executive Director or designee will oversee the bullyPrevention and Intervention plan and will receive all reports of bullying follow the protocol for response and will notify the appropriate authorities of filed reports on the day it is received and reviewed

With the schoolrsquos behavioral specialists the Executive Director or designee will address reports and incidences immediately A report shall be provided to the Board of Directors annually Summitrsquos administrative team will assure the Plan is implemented training for staff and students occurs the public is notified and that we work in collaboration with local law enforcement for direction and guidance to assure all students and staff are safe The Plan will be reviewed and updated annually

D Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying This commitment is an integral part of our comprehensive efforts to promote learning and to prevent and eliminate all forms of bullying and other harmful and disruptive behavior that can impede the learning process Summit Academy provides and will continue to provide all students with the skills knowledge and strategies to prevent or respond to bullying harassment or teasing

We recognize that certain students may be more vulnerable to become targets of bullying harassment or teasing based on actual or perceivedcharacteristics including race color religion ancestry national origin sex socioeconomic status homelessness academic status gender identity or expression physical appearance or

sensory disability or by association with a person who has or is perceived to have one or more of these characteristics The school will identify specific steps it will take to create a safe supportive environment for vulnerable populations in the school community and provide all students with the skills knowledge and strategies to prevent or respond to bullying harassment or teasing

We will not tolerate any unlawful or disruptive behavior including any form of bullying Cyber-bullying or retaliation in our school buildings on school grounds or in school-related activities We will investigate promptly all reports and complaints of bullying cyber-bullying and retaliation and take prompt action to end that behavior and restore the targetrsquos sense of safety We will support this commitment in all aspects of our school community including curricula instructional programs staff development extracurricular activities and parent or guardian involvementThe Bullying Prevention and Intervention Plan or referred to as the Plan is a comprehensive approach to addressing bullying and cyber-bullying and Summit is committed to working with students staff families law enforcement agencies and the community to prevent issues of violenceIn consultation with these constituencies we have established this Plan for preventing intervening and responding to incidents of bullying cyber-bullying and retaliation The Executive Director or designee is responsible for the implementation and oversight of the Plan

II TRAINING AND PROFESSIONAL DEVELOPMENT

A Annual staff training for all school staff on the Plan will include staffresponsibilities under the Plan an overview of the steps that the Executive Director or designee will follow upon receipt of a report of bullying or retaliation and an overview of the bullying prevention curricula to be offered in all classes throughout the school Staff members hired after the start of the school year are required to participate in school-based training during the school year in which they are hired unless they can demonstrate participation in an acceptable and comparable program within the last two yearsB Ongoing professional development The goal will be to learn a common set of skills and tools for staff to create a school climate that promotes safety civil communication and respect for differences The staff members have been trained to work with students with disabilities and promote a positive supportive school environment and to respond to behaviors that undermine that environment Professional development will continue to support this mission and provide new strategies to incorporate when neededIt will include training on how they can identify prevent and respond to bullying The initial and primary focus of that training will be on how staff can support efforts to prevent bullying and other disrespectful behaviors by continuing to promote a positive school environment Many of these topics are consistently utilized at Summit by the staff and to support each class professional development will expand areas that may include but not be limited tobull ways to interact with students and others that promotes a positive school environmentbull the language and concepts being promoted through the social skillsbully prevention curriculabull ways they can support all members of the community in preventing bullying and other behaviors that undermine the positive community atmospherebull promoting and modeling the use of respectful languagebull fostering an understanding of and respect for diversity and differencebull constructively managing classroom behaviorsbull using positive behavioral intervention strategies including CPIbull applying constructive disciplinary practices

bull teaching students skills including positive communication anger management and empathy for othersbull teaching the specifics of the socialemotional education curricula that is adopted andbull maintaining a safe and caring classroom for all studentsAs required by MGL c 71 sect 37O the content of school professional development will be informed by research and will include information onbull Developmentally (or age-) appropriate strategies to prevent bullyingbull Developmentally (or age-) appropriate strategies for immediate effective interventions to stop bullying incidentsbull Information regarding the complex interaction and power differential that can take place between and among an aggressor target and witnesses to the bullyingbull Research findings on bullying including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environmentbull Information on the incidence and nature of cyber-bullying andbull Internet safety issues as they relate to cyber-bullyingProfessional development will also address ways to prevent and respond to bullying or retaliation for students with disabilities that must be considered when developing studentsrsquo Individualized Education Programs This may include a particular focus on the needs of students with autism students whose disability affects social skills development an area where Summit has a majority of studentsProfessional development will include but not be limited to general presentations targeted workshopsworking groups and follow-up within the school setting to support staff in the actual implementation of the training goals All professional development will include an evaluation of effectiveness with respect to supporting behavior change that leads to a positive school environmentC Written notice to staff Summit Academy will provide all staff and volunteers with an annual written notice of the Plan by publishing information about it including sections related to staff and volunteer duties Any staff that begins working with students after the start of the school year will be provided this written informationD Parents and community members will also be provided with opportunities to learn about the social-emotional learning curricula the bullying prevention plan and the procedures of that plan The training for parents and community members will include information regardingbull The complex interaction and power differential that can take place between and among an aggressor target and witnesses to the bullyingbull Research findings on bullyingbull The incidence and nature of cyber-bullyingbull Internet safety issues as they relate to cyber-bullying andbull Steps they can take to support their children in addressing any incidents of bullying or inappropriate behavior that might occurE Staff development efforts will be reviewed each year The focus will be on developing more effective training and on effective ways to support staff in implementing this plan Surveys interviews and focus groups may be used in conjunction with other approaches to evaluate the effectiveness of professional development

III ACCESS TO RESOURCES AND SERVICES

A Summit Academy currently has a range of resources available to support the development of a positive school climate and to respond to behaviors that undermine that climate They include but are not limited tobull BCBA behavior staff in the building that are trained in prevention of and response to bullying and other disrespectful behaviorsbull Crises Prevention Instructor in the building trained to respond to physical aggression and to de-escalate an incident She is also trained and certified to teach CPI to all staff members

bull Clinicians to support the Primary Intermediate middle and high school classes to address issues related to bullying and other student difficulties

bull Ongoing coordination with City law enforcement agencies in developing a school safety plan and in responding to inappropriate behaviorsbull The ability to have parent permission for open communication with our clinical staff and a studentsrsquo private counselorbull Referral for services generally involves consultation between behavioral team nurse teachers and administrators who work with a given studentB Addressing service gaps will continue in the coming year By June 2011 a plan will be developed to address some of the following gaps and any identified in the coming monthsbull Formalizing the connection with town law enforcement and the steps to determine when they should be involved in a situation and how to proceedbull Developing Student Support Teams in the school with a set of procedures to follow and resources to use in supporting studentsbull Training for staff volunteers and students will be developed by June 2011 regarding the new policy re bullying and the procedures available to address bullying incidentsC As required by MGL c 71B sect 3 as amended by Chapter 92 of the Acts of 2010 when the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying harassment or teasing because of his or her disability the Team will consider what should be included in the IEP to develop the students skills and proficiencies to avoid and respond to bullying harassment or teasingD Support service efforts will be reviewed each year The focus will be on determining which services are most effective and where there may be gaps that need to be addressed Surveys interviews and utilization reviews may be used in conjunction with other approaches to evaluate the effectiveness of support services

IV ACADEMIC AND NON-ACADEMIC ACTIVITIES

ASocialEmotional Learning curricula will be adopted to support students in participating in a positive school climate In addition specific bullying prevention approaches will be developed and taught as part of that curriculum by use of Summit Academies modalities such as

Speech and Language pragmatics Daily social skills class Daily social autopsy techniques Classroom follow up Small group discussions led by BCBA on staff

bull Training for teachers will be provided prior to the coming school year so they are ready to implement the curriculum when the school year beginsbull Staff and volunteer training will also be provided on the curriculum and how all staff can support students in learning the curriculum andbull Specific anti-bullying curricula will undergo a similar review and be incorporated into the implementation of the social-emotional learning curriculum

The bully prevention curriculum will includebull Empowering students to take action by knowing what to do when they witness other students engaged in acts of bullying or retaliation including seeking adult assistancebull Helping students understand the dynamics of bullying and cyber-bullying including the underlying power imbalancebull emphasizing cyber-safety including safe and appropriate use of electronic communication technologies

bull enhancing studentsrsquo skills for engaging in healthy relationships and respectful communicationsbull engaging students in a safe supportive school environment that is respectful of diversity and differenceLessons will also teach students about the student-related sections of the Bullying Prevention and Intervention Plan The Plan will be reviewed with students by the end of the first month of the school year This will also be reviewed with all students if enrolling mid year This will include providing them with gradeage level written material regarding what they can do when an incident occurs that makes them feel unsafe or harassed In addition the review of the Plan will be followed up by the in class social-emotional learning curriculum and discussion of any issues related to creating a positive school environmentB Part of the staff training will include general teaching approaches that support bullying prevention efforts The following approaches are integral to establishing a safe and supportive school environment These underscore the importance of our bullying intervention and prevention initiatives and support the creation of a positive school climatebull setting clear expectations for students and establishing school and classroom routinesbull creating safe school and classroom environments for all students including for students with disabilities lesbian gay bisexual transgender students and homeless studentsbull using appropriate and positive responses and reinforcement even when students require discipline

15bull using positive behavioral supportsbull Encouraging adults to develop positive relationships with studentsbull Modeling teaching and rewarding pro-social healthy and respectful behaviorsbull using positive approaches to behavioral health including collaborative problem-solving conflict resolution training teamwork and positive behavioral supports that aid in social and emotional developmentbull using the Internet safely C The curriculum implementation and follow up will be reviewed annually The focus of the evaluation will be on whether the curriculum was effective in supporting students in learning how to handle difficulties and whether it decreased incidents of bullying In addition the evaluation will also focus on how well teachers were able to implement the curriculumSome tools that may be used to assess the effectiveness of the student education process include surveys interviews of students and teachers and reviews of discipline and incident reports

V POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TOBULLYING AND RETALIATION

A Reporting bullying or retaliation Reports of bullying or retaliation may be made by staff students parents or guardians or others and may be oral or written Oral reports made by or to a staff member shall be recorded in writing A school staff member is required to immediately report to the Executive Director or designee any instance of bullying or retaliation the staff member becomes aware of or witnesses Reports made by students parents or guardians or other individuals who are not school staff members may be made anonymously Summit Academy will make a variety of reporting resources available to the school community including but not limited to an Incident Reporting Form available at the school office and a link to the report on the Summit Academy website is being set up the voicemail box of the Executive DirectorUse of an Incident Reporting Form is not required as a condition of making a report Summit Academy will 1) include a copy of the Incident Reporting Form in the beginning of the year packets for students and parents or guardians 2) make it available in the schoolrsquos main office the behavioral team the school nurses office and other locations determined by the Executive Director or designee and 3) post it on the schoolrsquos website The Incident Reporting Form will be made available in the most prevalent language(s) of origin of students and parents or guardians

At the beginning of each school year Summit Academy will provide the school community including administrators staff students and parents or guardians with written notice of its policies for reporting acts of bullying and retaliation A description of the reporting procedures and resources including the name and contact information of the Executive Director or designee will be incorporated in student and staff handbooks on the school website and in information about the Plan that is made available to parents or guardians1 Reporting by StaffA staff member will immediately report to the Executive Director or designee when he or she witnesses or becomes aware of conduct that may be bullying or retaliation The requirement to report to the Executive Director or designee does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school policies and procedures for behavior management and discipline2 Reporting by Students Parents or Guardians and OthersSummit Academy expects students parents or guardians and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the Executive Director or designee Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report Students parents or guardians and others may request assistance from a staff member to complete a written report Students will be provided practical safe private and age-appropriate ways to report and discuss an incident of bullying with a staff member or with the Executive Director or designeeB Responding to a report of bullying or retaliation1 SafetyBefore fully investigating the allegations of bullying or retaliation the Executive Director or designee will take steps to assess the need to restore a sense of safety to the alleged target andor to protect the alleged target from possible further incidents Responses to promote safety may include but not be limited to creating a personal safety plan pre-determining seating arrangements for the target andor the aggressor in the classroom at lunch or on the bus identifying a staff member who will act as a ldquosafe personrdquo for the target andor the student to have a code word for staff to recognize an emergency and altering the aggressorrsquos schedule and access to the target The Executive Director or designee will take additional steps to promote safety during the course of and after the investigation as necessaryThe Executive Director or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation a student who has witnessed bullying or retaliation a student who provides information during an investigation or a student who has reliable information about a reported act of bullying or retaliation2 Obligations to Notify Othersa Notice to parents or guardians Upon determining that bullying or retaliation has occurred the Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor of this and of the

16procedures for responding to it There may be circumstances in which the Executive Director or designee contacts parents or guardians prior to any investigation Notice will be consistent with state regulations at 603 CMR 4900b Notice to Another School or District The Executive Director or designee first informed of the incident will promptly notify by telephone the Principal or designee of the studentsrsquo referring district school(s) of the incident so that each school may take appropriate action All communications will be in accordance with state and federal privacy laws and regulations and 603 CMR 4900c Notice to Law Enforcement At any point after receiving a report of bullying or retaliation including after an investigation if the Executive Director or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor the Executive Director or designee will notify the local law enforcement agency Notice will be consistent

with the requirements of 603 CMR 4900 and locally established agreements with the local law enforcement agency Also if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school the Executive Director or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressorIn making this determination the Executive Director or designee will consistent with the Plan and with applicable school or district policies and procedures consult with any individuals the Executive Director or designee deems appropriateC InvestigationThe Executive Director or designee will promptly investigate all reports of bullying or retaliation and in doing so will consider all available information known including the nature of the allegation(s) and the ages of the students involved

During the investigation the Executive Director or designee will among other things interview students staff witnesses parents or guardians and others as necessary The Executive Director or designee (or whoever is conducting the investigation) will remind the alleged aggressor target and witnesses that retaliation is strictly prohibited and will result in disciplinary actionInterviews may be conducted by the Executive Director or designee other staff members as determined by the Executive Director or designee and in consultation with the school BCBA andor clinician as appropriate To the extent practicable and given his or her obligation to investigate and address the matter the Executive Director or designee will maintain confidentiality during the investigative process The Executive Director or designee will maintain a written record of the investigationThe investigation shall be completed within fourteen school days from the date of thereport The parents or guardians shall be contacted upon completion of the investigation and informed of the results including whether the allegations were found to be factual whether a violation of this policy was found and whether disciplinary action has or shall be takenAt a minimum the Executive Director or designee shall contact the parents or guardians as to the status of the investigation on a weekly basisD DeterminationsThe Executive Director or designee will make a determination based upon all of the facts and circumstances If after investigation bullying or retaliation is substantiated the Executive Director or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities We also understand that Aspergers Disorder Pervasive Developmental Disorder and Attention DeficitHyperactivity Disorder commonly manifest with difficulty in understanding the subtleties of pragmatic language during social encounters a misinterpretation of others perspectives and impulsive behavioral responses Therefore Summit Administration and BehaviorClinical staff will carefully assess all situations during which students engage in bullying or retaliatory behavior with particular regard to previous engagement in similar behavior their level of pragmatic understanding and socialemotional status Disciplinary action must remain situation and student-specific given the nature of the populations of students we serve at Summit AcademyThe Executive Director or designee will1) Determine what remedial action is required if any2) Determine what responsive actions andor disciplinary action is necessaryDepending upon the circumstances the Executive Director or designee may choose to consult with the studentsrsquo teacher(s) andor school clinicians BCBA and the targetrsquos or aggressorrsquos parents or guardians to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills developmentThe Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation and if bullying or retaliation is found what action is being taken to prevent further acts of bullying or retaliation All notice to parents must comply with applicable state and federal privacy laws and

regulations Because of the legal requirements regarding the confidentiality of student records the Executive Director or designee cannot report specific information to the targetrsquos parent or guardian about the disciplinary action taken unless it involves a ldquostay awayrdquo order or other directive that the target must be aware of in order to report violations

The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination

E Responses to Bullying1 Teaching Appropriate Behavior Through Skills-buildingUpon the Executive Director or designee determining that bullying or retaliation has occurred the law requires that the school uses a range of responses that balance the need for accountability with the need to teach appropriate behavior MGL c 71 sect 37O(d)(v)Summit Academy will continue to teach and provide the following Offering individualized skill-building sessions based on the schoolrsquos anti-bullying curricula Providing relevant educational activities for individual students or groups of students in consultation with BCBA and other appropriate school personnel implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home adopting behavioral plans to include a focus on developing specific social skills 2 Taking Disciplinary ActionIf the Executive Director or designee decides that disciplinary action is appropriate the disciplinary action will be determined on the basis of facts found by the Executive Director or designee including the nature of the conduct the age of the student(s) involved the understanding that each student at Summit Academy has an IEP and the need to balance accountability with the teaching of appropriate behavior Discipline will be consistent with the Plan and school policiesDiscipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA) which should be read in cooperation with state laws regarding student discipline As an approved 766 school for Special Education Summit Academy will notify the placing school district if a change of placement is being considered as a result of bullying or retaliation behavior The placing school district will be responsible for conducting a functional behavior assessment and other related IDEA discipline procedures

If the Executive Director or designee determines that a student knowingly made a false allegation of bullying or retaliation that student may be subject to disciplinary action3 Promoting Safety for the Target and OthersThe Executive Director or designee will consider what adjustments if any are needed in the school environment to enhance the targets sense of safety and that of others as well One strategy that the Executive Director or designee may use is to increase adult in locations where bullying is known to have occurred or is likely to occurWithin a reasonable period of time following the determination and the ordering of remedial andor disciplinary action the Executive Director or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed If so the Executive Director or designee will work with appropriate school staff to implement them immediately

VI COLLABORATION WITH FAMILIES

A Parent education and resources Summit Academy will provide opportunities for parental and community information sessions at least once per year in the school and with a goal of once per quarter The information for parentsguardians and community will coincide with the age-appropriate anti-bullying curricula that are being used in the school as well as the dynamics of bullying including cyber-bullying and online safety The Executive Director or designee is responsible for scheduling the sessions They will be scheduled and announced at the Know Your School conferences The educational component considers the overall factors of being a private special needs school

B Notification requirements At the beginning of the school year parents or guardians of enrolled students will be informed of the age-appropriate bully prevention curricula and Summitsrsquo Plan via the written informational packets in the student handbooks and on the web We will include information about the dynamics of bullying including cyber-bullying and online safety

VII PROHIBITION AGAINST BULLYING AND RETALIATION

Summit Academy prohibits all bullying cyber-bullying and resultingRetaliation(i) on school grounds and property immediately adjacent to school grounds at a school sponsored or school-related activity function or program whether on or off school grounds on a school bus or other vehicle owned leased or used by a school district or school or through the use of technology or an electronic device owned leased or used by the school and(ii) at a location activity function or program that is not school-related through the use of technology or an electronic device that is not owned leased or used by the school if the acts create a hostile environment at school for the target or witnesses infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a schoolRetaliation against a person who reports bullying provides information during an investigation of bullying or witnesses or has reliable information about bullying is also prohibited

18As stated in MGL c 71 sect 37O nothing in this Plan requires the school to staff any non-school related activities functions or programs

VIII Problem Resolution System

Chapter 86 of the Acts of 2014 amended Section 37O of chapter 71 of the General Laws to include (g) (v) The Plan shall inform parents or guardians of the target about the Departmentrsquos problem resolution system and the process for seeking assistance or filing a claim through the problem resolution system This information will be made available in both hard copy and electronic formats Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the school office

IX DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying cyberbullying orretaliation towards a student

Bullying as defined in MGL c 71 sect 37O is the repeated use by one or more students or a member of aschool staff of a written verbal or electronic expression or a physical act or gesture or any combination

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 2: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

I LEADERSHIP

A Public involvement in developing the Plan Bully Prevention and Intervention planrsquos development includes consultation of all stakeholders via public notice and a comment period before it is adopted by the school board 1 Those involved in the development are educated by Summit professional staff and have been trained in identifying bullying aggressive and retaliation behaviors imparting the definition of bullying and cyber-bullying identifying the aggressor and target and the reporting process Through the school quarterly meetings parent-teacher conferences and from public comment parents and community will have on-going input into needs assessments and proceduresB Assessing needs and resources Through Board of Directors meetings administrative and faculty meetings parent input the procedures for training and educating our staff students and community will be reviewed As culture climate and needs change based on data received through incident reporting and behavior forms recommendations will be discussed and if pertinent to the Planrsquos success and student safety will be proposed to administration Working with the behavioral specialists Board of Directors Administration and in collaboration with local law enforcement and The Attorney Generalrsquos office programs and resources for prevention education and skills and techniques will be made available to the Summit community Summit Academy annually has programs at the school with the following institutions Worcester Police Department The Massachusetts Attorney Generalrsquos Office The topic of each session is bullying and all aspects are discussed including cyber-bullying legalities definition sports related and playground concerns with follow up discussions on socially appropriate behavior The forum is set up for all students K-12 and their parentsguardians are also invited to participate and ask questions These forums will be set up for first quarter of every academic year to engage students and parents Parents are able to provide input and commentary on the plan through the Parent Advisory Group which meets monthly and quarterly to advise the school on matters of health education and safety This information will help to identify patterns of behaviors and areas of concern and will inform decision-making for prevention strategies including but not limited to adult supervision professional development age-appropriate curricula and in-school support services C Planning and oversight The Executive Director or designee will oversee the bullyPrevention and Intervention plan and will receive all reports of bullying follow the protocol for response and will notify the appropriate authorities of filed reports on the day it is received and reviewed

With the schoolrsquos behavioral specialists the Executive Director or designee will address reports and incidences immediately A report shall be provided to the Board of Directors annually Summitrsquos administrative team will assure the Plan is implemented training for staff and students occurs the public is notified and that we work in collaboration with local law enforcement for direction and guidance to assure all students and staff are safe The Plan will be reviewed and updated annually

D Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying This commitment is an integral part of our comprehensive efforts to promote learning and to prevent and eliminate all forms of bullying and other harmful and disruptive behavior that can impede the learning process Summit Academy provides and will continue to provide all students with the skills knowledge and strategies to prevent or respond to bullying harassment or teasing

We recognize that certain students may be more vulnerable to become targets of bullying harassment or teasing based on actual or perceivedcharacteristics including race color religion ancestry national origin sex socioeconomic status homelessness academic status gender identity or expression physical appearance or

sensory disability or by association with a person who has or is perceived to have one or more of these characteristics The school will identify specific steps it will take to create a safe supportive environment for vulnerable populations in the school community and provide all students with the skills knowledge and strategies to prevent or respond to bullying harassment or teasing

We will not tolerate any unlawful or disruptive behavior including any form of bullying Cyber-bullying or retaliation in our school buildings on school grounds or in school-related activities We will investigate promptly all reports and complaints of bullying cyber-bullying and retaliation and take prompt action to end that behavior and restore the targetrsquos sense of safety We will support this commitment in all aspects of our school community including curricula instructional programs staff development extracurricular activities and parent or guardian involvementThe Bullying Prevention and Intervention Plan or referred to as the Plan is a comprehensive approach to addressing bullying and cyber-bullying and Summit is committed to working with students staff families law enforcement agencies and the community to prevent issues of violenceIn consultation with these constituencies we have established this Plan for preventing intervening and responding to incidents of bullying cyber-bullying and retaliation The Executive Director or designee is responsible for the implementation and oversight of the Plan

II TRAINING AND PROFESSIONAL DEVELOPMENT

A Annual staff training for all school staff on the Plan will include staffresponsibilities under the Plan an overview of the steps that the Executive Director or designee will follow upon receipt of a report of bullying or retaliation and an overview of the bullying prevention curricula to be offered in all classes throughout the school Staff members hired after the start of the school year are required to participate in school-based training during the school year in which they are hired unless they can demonstrate participation in an acceptable and comparable program within the last two yearsB Ongoing professional development The goal will be to learn a common set of skills and tools for staff to create a school climate that promotes safety civil communication and respect for differences The staff members have been trained to work with students with disabilities and promote a positive supportive school environment and to respond to behaviors that undermine that environment Professional development will continue to support this mission and provide new strategies to incorporate when neededIt will include training on how they can identify prevent and respond to bullying The initial and primary focus of that training will be on how staff can support efforts to prevent bullying and other disrespectful behaviors by continuing to promote a positive school environment Many of these topics are consistently utilized at Summit by the staff and to support each class professional development will expand areas that may include but not be limited tobull ways to interact with students and others that promotes a positive school environmentbull the language and concepts being promoted through the social skillsbully prevention curriculabull ways they can support all members of the community in preventing bullying and other behaviors that undermine the positive community atmospherebull promoting and modeling the use of respectful languagebull fostering an understanding of and respect for diversity and differencebull constructively managing classroom behaviorsbull using positive behavioral intervention strategies including CPIbull applying constructive disciplinary practices

bull teaching students skills including positive communication anger management and empathy for othersbull teaching the specifics of the socialemotional education curricula that is adopted andbull maintaining a safe and caring classroom for all studentsAs required by MGL c 71 sect 37O the content of school professional development will be informed by research and will include information onbull Developmentally (or age-) appropriate strategies to prevent bullyingbull Developmentally (or age-) appropriate strategies for immediate effective interventions to stop bullying incidentsbull Information regarding the complex interaction and power differential that can take place between and among an aggressor target and witnesses to the bullyingbull Research findings on bullying including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environmentbull Information on the incidence and nature of cyber-bullying andbull Internet safety issues as they relate to cyber-bullyingProfessional development will also address ways to prevent and respond to bullying or retaliation for students with disabilities that must be considered when developing studentsrsquo Individualized Education Programs This may include a particular focus on the needs of students with autism students whose disability affects social skills development an area where Summit has a majority of studentsProfessional development will include but not be limited to general presentations targeted workshopsworking groups and follow-up within the school setting to support staff in the actual implementation of the training goals All professional development will include an evaluation of effectiveness with respect to supporting behavior change that leads to a positive school environmentC Written notice to staff Summit Academy will provide all staff and volunteers with an annual written notice of the Plan by publishing information about it including sections related to staff and volunteer duties Any staff that begins working with students after the start of the school year will be provided this written informationD Parents and community members will also be provided with opportunities to learn about the social-emotional learning curricula the bullying prevention plan and the procedures of that plan The training for parents and community members will include information regardingbull The complex interaction and power differential that can take place between and among an aggressor target and witnesses to the bullyingbull Research findings on bullyingbull The incidence and nature of cyber-bullyingbull Internet safety issues as they relate to cyber-bullying andbull Steps they can take to support their children in addressing any incidents of bullying or inappropriate behavior that might occurE Staff development efforts will be reviewed each year The focus will be on developing more effective training and on effective ways to support staff in implementing this plan Surveys interviews and focus groups may be used in conjunction with other approaches to evaluate the effectiveness of professional development

III ACCESS TO RESOURCES AND SERVICES

A Summit Academy currently has a range of resources available to support the development of a positive school climate and to respond to behaviors that undermine that climate They include but are not limited tobull BCBA behavior staff in the building that are trained in prevention of and response to bullying and other disrespectful behaviorsbull Crises Prevention Instructor in the building trained to respond to physical aggression and to de-escalate an incident She is also trained and certified to teach CPI to all staff members

bull Clinicians to support the Primary Intermediate middle and high school classes to address issues related to bullying and other student difficulties

bull Ongoing coordination with City law enforcement agencies in developing a school safety plan and in responding to inappropriate behaviorsbull The ability to have parent permission for open communication with our clinical staff and a studentsrsquo private counselorbull Referral for services generally involves consultation between behavioral team nurse teachers and administrators who work with a given studentB Addressing service gaps will continue in the coming year By June 2011 a plan will be developed to address some of the following gaps and any identified in the coming monthsbull Formalizing the connection with town law enforcement and the steps to determine when they should be involved in a situation and how to proceedbull Developing Student Support Teams in the school with a set of procedures to follow and resources to use in supporting studentsbull Training for staff volunteers and students will be developed by June 2011 regarding the new policy re bullying and the procedures available to address bullying incidentsC As required by MGL c 71B sect 3 as amended by Chapter 92 of the Acts of 2010 when the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying harassment or teasing because of his or her disability the Team will consider what should be included in the IEP to develop the students skills and proficiencies to avoid and respond to bullying harassment or teasingD Support service efforts will be reviewed each year The focus will be on determining which services are most effective and where there may be gaps that need to be addressed Surveys interviews and utilization reviews may be used in conjunction with other approaches to evaluate the effectiveness of support services

IV ACADEMIC AND NON-ACADEMIC ACTIVITIES

ASocialEmotional Learning curricula will be adopted to support students in participating in a positive school climate In addition specific bullying prevention approaches will be developed and taught as part of that curriculum by use of Summit Academies modalities such as

Speech and Language pragmatics Daily social skills class Daily social autopsy techniques Classroom follow up Small group discussions led by BCBA on staff

bull Training for teachers will be provided prior to the coming school year so they are ready to implement the curriculum when the school year beginsbull Staff and volunteer training will also be provided on the curriculum and how all staff can support students in learning the curriculum andbull Specific anti-bullying curricula will undergo a similar review and be incorporated into the implementation of the social-emotional learning curriculum

The bully prevention curriculum will includebull Empowering students to take action by knowing what to do when they witness other students engaged in acts of bullying or retaliation including seeking adult assistancebull Helping students understand the dynamics of bullying and cyber-bullying including the underlying power imbalancebull emphasizing cyber-safety including safe and appropriate use of electronic communication technologies

bull enhancing studentsrsquo skills for engaging in healthy relationships and respectful communicationsbull engaging students in a safe supportive school environment that is respectful of diversity and differenceLessons will also teach students about the student-related sections of the Bullying Prevention and Intervention Plan The Plan will be reviewed with students by the end of the first month of the school year This will also be reviewed with all students if enrolling mid year This will include providing them with gradeage level written material regarding what they can do when an incident occurs that makes them feel unsafe or harassed In addition the review of the Plan will be followed up by the in class social-emotional learning curriculum and discussion of any issues related to creating a positive school environmentB Part of the staff training will include general teaching approaches that support bullying prevention efforts The following approaches are integral to establishing a safe and supportive school environment These underscore the importance of our bullying intervention and prevention initiatives and support the creation of a positive school climatebull setting clear expectations for students and establishing school and classroom routinesbull creating safe school and classroom environments for all students including for students with disabilities lesbian gay bisexual transgender students and homeless studentsbull using appropriate and positive responses and reinforcement even when students require discipline

15bull using positive behavioral supportsbull Encouraging adults to develop positive relationships with studentsbull Modeling teaching and rewarding pro-social healthy and respectful behaviorsbull using positive approaches to behavioral health including collaborative problem-solving conflict resolution training teamwork and positive behavioral supports that aid in social and emotional developmentbull using the Internet safely C The curriculum implementation and follow up will be reviewed annually The focus of the evaluation will be on whether the curriculum was effective in supporting students in learning how to handle difficulties and whether it decreased incidents of bullying In addition the evaluation will also focus on how well teachers were able to implement the curriculumSome tools that may be used to assess the effectiveness of the student education process include surveys interviews of students and teachers and reviews of discipline and incident reports

V POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TOBULLYING AND RETALIATION

A Reporting bullying or retaliation Reports of bullying or retaliation may be made by staff students parents or guardians or others and may be oral or written Oral reports made by or to a staff member shall be recorded in writing A school staff member is required to immediately report to the Executive Director or designee any instance of bullying or retaliation the staff member becomes aware of or witnesses Reports made by students parents or guardians or other individuals who are not school staff members may be made anonymously Summit Academy will make a variety of reporting resources available to the school community including but not limited to an Incident Reporting Form available at the school office and a link to the report on the Summit Academy website is being set up the voicemail box of the Executive DirectorUse of an Incident Reporting Form is not required as a condition of making a report Summit Academy will 1) include a copy of the Incident Reporting Form in the beginning of the year packets for students and parents or guardians 2) make it available in the schoolrsquos main office the behavioral team the school nurses office and other locations determined by the Executive Director or designee and 3) post it on the schoolrsquos website The Incident Reporting Form will be made available in the most prevalent language(s) of origin of students and parents or guardians

At the beginning of each school year Summit Academy will provide the school community including administrators staff students and parents or guardians with written notice of its policies for reporting acts of bullying and retaliation A description of the reporting procedures and resources including the name and contact information of the Executive Director or designee will be incorporated in student and staff handbooks on the school website and in information about the Plan that is made available to parents or guardians1 Reporting by StaffA staff member will immediately report to the Executive Director or designee when he or she witnesses or becomes aware of conduct that may be bullying or retaliation The requirement to report to the Executive Director or designee does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school policies and procedures for behavior management and discipline2 Reporting by Students Parents or Guardians and OthersSummit Academy expects students parents or guardians and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the Executive Director or designee Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report Students parents or guardians and others may request assistance from a staff member to complete a written report Students will be provided practical safe private and age-appropriate ways to report and discuss an incident of bullying with a staff member or with the Executive Director or designeeB Responding to a report of bullying or retaliation1 SafetyBefore fully investigating the allegations of bullying or retaliation the Executive Director or designee will take steps to assess the need to restore a sense of safety to the alleged target andor to protect the alleged target from possible further incidents Responses to promote safety may include but not be limited to creating a personal safety plan pre-determining seating arrangements for the target andor the aggressor in the classroom at lunch or on the bus identifying a staff member who will act as a ldquosafe personrdquo for the target andor the student to have a code word for staff to recognize an emergency and altering the aggressorrsquos schedule and access to the target The Executive Director or designee will take additional steps to promote safety during the course of and after the investigation as necessaryThe Executive Director or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation a student who has witnessed bullying or retaliation a student who provides information during an investigation or a student who has reliable information about a reported act of bullying or retaliation2 Obligations to Notify Othersa Notice to parents or guardians Upon determining that bullying or retaliation has occurred the Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor of this and of the

16procedures for responding to it There may be circumstances in which the Executive Director or designee contacts parents or guardians prior to any investigation Notice will be consistent with state regulations at 603 CMR 4900b Notice to Another School or District The Executive Director or designee first informed of the incident will promptly notify by telephone the Principal or designee of the studentsrsquo referring district school(s) of the incident so that each school may take appropriate action All communications will be in accordance with state and federal privacy laws and regulations and 603 CMR 4900c Notice to Law Enforcement At any point after receiving a report of bullying or retaliation including after an investigation if the Executive Director or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor the Executive Director or designee will notify the local law enforcement agency Notice will be consistent

with the requirements of 603 CMR 4900 and locally established agreements with the local law enforcement agency Also if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school the Executive Director or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressorIn making this determination the Executive Director or designee will consistent with the Plan and with applicable school or district policies and procedures consult with any individuals the Executive Director or designee deems appropriateC InvestigationThe Executive Director or designee will promptly investigate all reports of bullying or retaliation and in doing so will consider all available information known including the nature of the allegation(s) and the ages of the students involved

During the investigation the Executive Director or designee will among other things interview students staff witnesses parents or guardians and others as necessary The Executive Director or designee (or whoever is conducting the investigation) will remind the alleged aggressor target and witnesses that retaliation is strictly prohibited and will result in disciplinary actionInterviews may be conducted by the Executive Director or designee other staff members as determined by the Executive Director or designee and in consultation with the school BCBA andor clinician as appropriate To the extent practicable and given his or her obligation to investigate and address the matter the Executive Director or designee will maintain confidentiality during the investigative process The Executive Director or designee will maintain a written record of the investigationThe investigation shall be completed within fourteen school days from the date of thereport The parents or guardians shall be contacted upon completion of the investigation and informed of the results including whether the allegations were found to be factual whether a violation of this policy was found and whether disciplinary action has or shall be takenAt a minimum the Executive Director or designee shall contact the parents or guardians as to the status of the investigation on a weekly basisD DeterminationsThe Executive Director or designee will make a determination based upon all of the facts and circumstances If after investigation bullying or retaliation is substantiated the Executive Director or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities We also understand that Aspergers Disorder Pervasive Developmental Disorder and Attention DeficitHyperactivity Disorder commonly manifest with difficulty in understanding the subtleties of pragmatic language during social encounters a misinterpretation of others perspectives and impulsive behavioral responses Therefore Summit Administration and BehaviorClinical staff will carefully assess all situations during which students engage in bullying or retaliatory behavior with particular regard to previous engagement in similar behavior their level of pragmatic understanding and socialemotional status Disciplinary action must remain situation and student-specific given the nature of the populations of students we serve at Summit AcademyThe Executive Director or designee will1) Determine what remedial action is required if any2) Determine what responsive actions andor disciplinary action is necessaryDepending upon the circumstances the Executive Director or designee may choose to consult with the studentsrsquo teacher(s) andor school clinicians BCBA and the targetrsquos or aggressorrsquos parents or guardians to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills developmentThe Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation and if bullying or retaliation is found what action is being taken to prevent further acts of bullying or retaliation All notice to parents must comply with applicable state and federal privacy laws and

regulations Because of the legal requirements regarding the confidentiality of student records the Executive Director or designee cannot report specific information to the targetrsquos parent or guardian about the disciplinary action taken unless it involves a ldquostay awayrdquo order or other directive that the target must be aware of in order to report violations

The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination

E Responses to Bullying1 Teaching Appropriate Behavior Through Skills-buildingUpon the Executive Director or designee determining that bullying or retaliation has occurred the law requires that the school uses a range of responses that balance the need for accountability with the need to teach appropriate behavior MGL c 71 sect 37O(d)(v)Summit Academy will continue to teach and provide the following Offering individualized skill-building sessions based on the schoolrsquos anti-bullying curricula Providing relevant educational activities for individual students or groups of students in consultation with BCBA and other appropriate school personnel implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home adopting behavioral plans to include a focus on developing specific social skills 2 Taking Disciplinary ActionIf the Executive Director or designee decides that disciplinary action is appropriate the disciplinary action will be determined on the basis of facts found by the Executive Director or designee including the nature of the conduct the age of the student(s) involved the understanding that each student at Summit Academy has an IEP and the need to balance accountability with the teaching of appropriate behavior Discipline will be consistent with the Plan and school policiesDiscipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA) which should be read in cooperation with state laws regarding student discipline As an approved 766 school for Special Education Summit Academy will notify the placing school district if a change of placement is being considered as a result of bullying or retaliation behavior The placing school district will be responsible for conducting a functional behavior assessment and other related IDEA discipline procedures

If the Executive Director or designee determines that a student knowingly made a false allegation of bullying or retaliation that student may be subject to disciplinary action3 Promoting Safety for the Target and OthersThe Executive Director or designee will consider what adjustments if any are needed in the school environment to enhance the targets sense of safety and that of others as well One strategy that the Executive Director or designee may use is to increase adult in locations where bullying is known to have occurred or is likely to occurWithin a reasonable period of time following the determination and the ordering of remedial andor disciplinary action the Executive Director or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed If so the Executive Director or designee will work with appropriate school staff to implement them immediately

VI COLLABORATION WITH FAMILIES

A Parent education and resources Summit Academy will provide opportunities for parental and community information sessions at least once per year in the school and with a goal of once per quarter The information for parentsguardians and community will coincide with the age-appropriate anti-bullying curricula that are being used in the school as well as the dynamics of bullying including cyber-bullying and online safety The Executive Director or designee is responsible for scheduling the sessions They will be scheduled and announced at the Know Your School conferences The educational component considers the overall factors of being a private special needs school

B Notification requirements At the beginning of the school year parents or guardians of enrolled students will be informed of the age-appropriate bully prevention curricula and Summitsrsquo Plan via the written informational packets in the student handbooks and on the web We will include information about the dynamics of bullying including cyber-bullying and online safety

VII PROHIBITION AGAINST BULLYING AND RETALIATION

Summit Academy prohibits all bullying cyber-bullying and resultingRetaliation(i) on school grounds and property immediately adjacent to school grounds at a school sponsored or school-related activity function or program whether on or off school grounds on a school bus or other vehicle owned leased or used by a school district or school or through the use of technology or an electronic device owned leased or used by the school and(ii) at a location activity function or program that is not school-related through the use of technology or an electronic device that is not owned leased or used by the school if the acts create a hostile environment at school for the target or witnesses infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a schoolRetaliation against a person who reports bullying provides information during an investigation of bullying or witnesses or has reliable information about bullying is also prohibited

18As stated in MGL c 71 sect 37O nothing in this Plan requires the school to staff any non-school related activities functions or programs

VIII Problem Resolution System

Chapter 86 of the Acts of 2014 amended Section 37O of chapter 71 of the General Laws to include (g) (v) The Plan shall inform parents or guardians of the target about the Departmentrsquos problem resolution system and the process for seeking assistance or filing a claim through the problem resolution system This information will be made available in both hard copy and electronic formats Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the school office

IX DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying cyberbullying orretaliation towards a student

Bullying as defined in MGL c 71 sect 37O is the repeated use by one or more students or a member of aschool staff of a written verbal or electronic expression or a physical act or gesture or any combination

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 3: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

sensory disability or by association with a person who has or is perceived to have one or more of these characteristics The school will identify specific steps it will take to create a safe supportive environment for vulnerable populations in the school community and provide all students with the skills knowledge and strategies to prevent or respond to bullying harassment or teasing

We will not tolerate any unlawful or disruptive behavior including any form of bullying Cyber-bullying or retaliation in our school buildings on school grounds or in school-related activities We will investigate promptly all reports and complaints of bullying cyber-bullying and retaliation and take prompt action to end that behavior and restore the targetrsquos sense of safety We will support this commitment in all aspects of our school community including curricula instructional programs staff development extracurricular activities and parent or guardian involvementThe Bullying Prevention and Intervention Plan or referred to as the Plan is a comprehensive approach to addressing bullying and cyber-bullying and Summit is committed to working with students staff families law enforcement agencies and the community to prevent issues of violenceIn consultation with these constituencies we have established this Plan for preventing intervening and responding to incidents of bullying cyber-bullying and retaliation The Executive Director or designee is responsible for the implementation and oversight of the Plan

II TRAINING AND PROFESSIONAL DEVELOPMENT

A Annual staff training for all school staff on the Plan will include staffresponsibilities under the Plan an overview of the steps that the Executive Director or designee will follow upon receipt of a report of bullying or retaliation and an overview of the bullying prevention curricula to be offered in all classes throughout the school Staff members hired after the start of the school year are required to participate in school-based training during the school year in which they are hired unless they can demonstrate participation in an acceptable and comparable program within the last two yearsB Ongoing professional development The goal will be to learn a common set of skills and tools for staff to create a school climate that promotes safety civil communication and respect for differences The staff members have been trained to work with students with disabilities and promote a positive supportive school environment and to respond to behaviors that undermine that environment Professional development will continue to support this mission and provide new strategies to incorporate when neededIt will include training on how they can identify prevent and respond to bullying The initial and primary focus of that training will be on how staff can support efforts to prevent bullying and other disrespectful behaviors by continuing to promote a positive school environment Many of these topics are consistently utilized at Summit by the staff and to support each class professional development will expand areas that may include but not be limited tobull ways to interact with students and others that promotes a positive school environmentbull the language and concepts being promoted through the social skillsbully prevention curriculabull ways they can support all members of the community in preventing bullying and other behaviors that undermine the positive community atmospherebull promoting and modeling the use of respectful languagebull fostering an understanding of and respect for diversity and differencebull constructively managing classroom behaviorsbull using positive behavioral intervention strategies including CPIbull applying constructive disciplinary practices

bull teaching students skills including positive communication anger management and empathy for othersbull teaching the specifics of the socialemotional education curricula that is adopted andbull maintaining a safe and caring classroom for all studentsAs required by MGL c 71 sect 37O the content of school professional development will be informed by research and will include information onbull Developmentally (or age-) appropriate strategies to prevent bullyingbull Developmentally (or age-) appropriate strategies for immediate effective interventions to stop bullying incidentsbull Information regarding the complex interaction and power differential that can take place between and among an aggressor target and witnesses to the bullyingbull Research findings on bullying including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environmentbull Information on the incidence and nature of cyber-bullying andbull Internet safety issues as they relate to cyber-bullyingProfessional development will also address ways to prevent and respond to bullying or retaliation for students with disabilities that must be considered when developing studentsrsquo Individualized Education Programs This may include a particular focus on the needs of students with autism students whose disability affects social skills development an area where Summit has a majority of studentsProfessional development will include but not be limited to general presentations targeted workshopsworking groups and follow-up within the school setting to support staff in the actual implementation of the training goals All professional development will include an evaluation of effectiveness with respect to supporting behavior change that leads to a positive school environmentC Written notice to staff Summit Academy will provide all staff and volunteers with an annual written notice of the Plan by publishing information about it including sections related to staff and volunteer duties Any staff that begins working with students after the start of the school year will be provided this written informationD Parents and community members will also be provided with opportunities to learn about the social-emotional learning curricula the bullying prevention plan and the procedures of that plan The training for parents and community members will include information regardingbull The complex interaction and power differential that can take place between and among an aggressor target and witnesses to the bullyingbull Research findings on bullyingbull The incidence and nature of cyber-bullyingbull Internet safety issues as they relate to cyber-bullying andbull Steps they can take to support their children in addressing any incidents of bullying or inappropriate behavior that might occurE Staff development efforts will be reviewed each year The focus will be on developing more effective training and on effective ways to support staff in implementing this plan Surveys interviews and focus groups may be used in conjunction with other approaches to evaluate the effectiveness of professional development

III ACCESS TO RESOURCES AND SERVICES

A Summit Academy currently has a range of resources available to support the development of a positive school climate and to respond to behaviors that undermine that climate They include but are not limited tobull BCBA behavior staff in the building that are trained in prevention of and response to bullying and other disrespectful behaviorsbull Crises Prevention Instructor in the building trained to respond to physical aggression and to de-escalate an incident She is also trained and certified to teach CPI to all staff members

bull Clinicians to support the Primary Intermediate middle and high school classes to address issues related to bullying and other student difficulties

bull Ongoing coordination with City law enforcement agencies in developing a school safety plan and in responding to inappropriate behaviorsbull The ability to have parent permission for open communication with our clinical staff and a studentsrsquo private counselorbull Referral for services generally involves consultation between behavioral team nurse teachers and administrators who work with a given studentB Addressing service gaps will continue in the coming year By June 2011 a plan will be developed to address some of the following gaps and any identified in the coming monthsbull Formalizing the connection with town law enforcement and the steps to determine when they should be involved in a situation and how to proceedbull Developing Student Support Teams in the school with a set of procedures to follow and resources to use in supporting studentsbull Training for staff volunteers and students will be developed by June 2011 regarding the new policy re bullying and the procedures available to address bullying incidentsC As required by MGL c 71B sect 3 as amended by Chapter 92 of the Acts of 2010 when the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying harassment or teasing because of his or her disability the Team will consider what should be included in the IEP to develop the students skills and proficiencies to avoid and respond to bullying harassment or teasingD Support service efforts will be reviewed each year The focus will be on determining which services are most effective and where there may be gaps that need to be addressed Surveys interviews and utilization reviews may be used in conjunction with other approaches to evaluate the effectiveness of support services

IV ACADEMIC AND NON-ACADEMIC ACTIVITIES

ASocialEmotional Learning curricula will be adopted to support students in participating in a positive school climate In addition specific bullying prevention approaches will be developed and taught as part of that curriculum by use of Summit Academies modalities such as

Speech and Language pragmatics Daily social skills class Daily social autopsy techniques Classroom follow up Small group discussions led by BCBA on staff

bull Training for teachers will be provided prior to the coming school year so they are ready to implement the curriculum when the school year beginsbull Staff and volunteer training will also be provided on the curriculum and how all staff can support students in learning the curriculum andbull Specific anti-bullying curricula will undergo a similar review and be incorporated into the implementation of the social-emotional learning curriculum

The bully prevention curriculum will includebull Empowering students to take action by knowing what to do when they witness other students engaged in acts of bullying or retaliation including seeking adult assistancebull Helping students understand the dynamics of bullying and cyber-bullying including the underlying power imbalancebull emphasizing cyber-safety including safe and appropriate use of electronic communication technologies

bull enhancing studentsrsquo skills for engaging in healthy relationships and respectful communicationsbull engaging students in a safe supportive school environment that is respectful of diversity and differenceLessons will also teach students about the student-related sections of the Bullying Prevention and Intervention Plan The Plan will be reviewed with students by the end of the first month of the school year This will also be reviewed with all students if enrolling mid year This will include providing them with gradeage level written material regarding what they can do when an incident occurs that makes them feel unsafe or harassed In addition the review of the Plan will be followed up by the in class social-emotional learning curriculum and discussion of any issues related to creating a positive school environmentB Part of the staff training will include general teaching approaches that support bullying prevention efforts The following approaches are integral to establishing a safe and supportive school environment These underscore the importance of our bullying intervention and prevention initiatives and support the creation of a positive school climatebull setting clear expectations for students and establishing school and classroom routinesbull creating safe school and classroom environments for all students including for students with disabilities lesbian gay bisexual transgender students and homeless studentsbull using appropriate and positive responses and reinforcement even when students require discipline

15bull using positive behavioral supportsbull Encouraging adults to develop positive relationships with studentsbull Modeling teaching and rewarding pro-social healthy and respectful behaviorsbull using positive approaches to behavioral health including collaborative problem-solving conflict resolution training teamwork and positive behavioral supports that aid in social and emotional developmentbull using the Internet safely C The curriculum implementation and follow up will be reviewed annually The focus of the evaluation will be on whether the curriculum was effective in supporting students in learning how to handle difficulties and whether it decreased incidents of bullying In addition the evaluation will also focus on how well teachers were able to implement the curriculumSome tools that may be used to assess the effectiveness of the student education process include surveys interviews of students and teachers and reviews of discipline and incident reports

V POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TOBULLYING AND RETALIATION

A Reporting bullying or retaliation Reports of bullying or retaliation may be made by staff students parents or guardians or others and may be oral or written Oral reports made by or to a staff member shall be recorded in writing A school staff member is required to immediately report to the Executive Director or designee any instance of bullying or retaliation the staff member becomes aware of or witnesses Reports made by students parents or guardians or other individuals who are not school staff members may be made anonymously Summit Academy will make a variety of reporting resources available to the school community including but not limited to an Incident Reporting Form available at the school office and a link to the report on the Summit Academy website is being set up the voicemail box of the Executive DirectorUse of an Incident Reporting Form is not required as a condition of making a report Summit Academy will 1) include a copy of the Incident Reporting Form in the beginning of the year packets for students and parents or guardians 2) make it available in the schoolrsquos main office the behavioral team the school nurses office and other locations determined by the Executive Director or designee and 3) post it on the schoolrsquos website The Incident Reporting Form will be made available in the most prevalent language(s) of origin of students and parents or guardians

At the beginning of each school year Summit Academy will provide the school community including administrators staff students and parents or guardians with written notice of its policies for reporting acts of bullying and retaliation A description of the reporting procedures and resources including the name and contact information of the Executive Director or designee will be incorporated in student and staff handbooks on the school website and in information about the Plan that is made available to parents or guardians1 Reporting by StaffA staff member will immediately report to the Executive Director or designee when he or she witnesses or becomes aware of conduct that may be bullying or retaliation The requirement to report to the Executive Director or designee does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school policies and procedures for behavior management and discipline2 Reporting by Students Parents or Guardians and OthersSummit Academy expects students parents or guardians and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the Executive Director or designee Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report Students parents or guardians and others may request assistance from a staff member to complete a written report Students will be provided practical safe private and age-appropriate ways to report and discuss an incident of bullying with a staff member or with the Executive Director or designeeB Responding to a report of bullying or retaliation1 SafetyBefore fully investigating the allegations of bullying or retaliation the Executive Director or designee will take steps to assess the need to restore a sense of safety to the alleged target andor to protect the alleged target from possible further incidents Responses to promote safety may include but not be limited to creating a personal safety plan pre-determining seating arrangements for the target andor the aggressor in the classroom at lunch or on the bus identifying a staff member who will act as a ldquosafe personrdquo for the target andor the student to have a code word for staff to recognize an emergency and altering the aggressorrsquos schedule and access to the target The Executive Director or designee will take additional steps to promote safety during the course of and after the investigation as necessaryThe Executive Director or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation a student who has witnessed bullying or retaliation a student who provides information during an investigation or a student who has reliable information about a reported act of bullying or retaliation2 Obligations to Notify Othersa Notice to parents or guardians Upon determining that bullying or retaliation has occurred the Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor of this and of the

16procedures for responding to it There may be circumstances in which the Executive Director or designee contacts parents or guardians prior to any investigation Notice will be consistent with state regulations at 603 CMR 4900b Notice to Another School or District The Executive Director or designee first informed of the incident will promptly notify by telephone the Principal or designee of the studentsrsquo referring district school(s) of the incident so that each school may take appropriate action All communications will be in accordance with state and federal privacy laws and regulations and 603 CMR 4900c Notice to Law Enforcement At any point after receiving a report of bullying or retaliation including after an investigation if the Executive Director or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor the Executive Director or designee will notify the local law enforcement agency Notice will be consistent

with the requirements of 603 CMR 4900 and locally established agreements with the local law enforcement agency Also if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school the Executive Director or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressorIn making this determination the Executive Director or designee will consistent with the Plan and with applicable school or district policies and procedures consult with any individuals the Executive Director or designee deems appropriateC InvestigationThe Executive Director or designee will promptly investigate all reports of bullying or retaliation and in doing so will consider all available information known including the nature of the allegation(s) and the ages of the students involved

During the investigation the Executive Director or designee will among other things interview students staff witnesses parents or guardians and others as necessary The Executive Director or designee (or whoever is conducting the investigation) will remind the alleged aggressor target and witnesses that retaliation is strictly prohibited and will result in disciplinary actionInterviews may be conducted by the Executive Director or designee other staff members as determined by the Executive Director or designee and in consultation with the school BCBA andor clinician as appropriate To the extent practicable and given his or her obligation to investigate and address the matter the Executive Director or designee will maintain confidentiality during the investigative process The Executive Director or designee will maintain a written record of the investigationThe investigation shall be completed within fourteen school days from the date of thereport The parents or guardians shall be contacted upon completion of the investigation and informed of the results including whether the allegations were found to be factual whether a violation of this policy was found and whether disciplinary action has or shall be takenAt a minimum the Executive Director or designee shall contact the parents or guardians as to the status of the investigation on a weekly basisD DeterminationsThe Executive Director or designee will make a determination based upon all of the facts and circumstances If after investigation bullying or retaliation is substantiated the Executive Director or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities We also understand that Aspergers Disorder Pervasive Developmental Disorder and Attention DeficitHyperactivity Disorder commonly manifest with difficulty in understanding the subtleties of pragmatic language during social encounters a misinterpretation of others perspectives and impulsive behavioral responses Therefore Summit Administration and BehaviorClinical staff will carefully assess all situations during which students engage in bullying or retaliatory behavior with particular regard to previous engagement in similar behavior their level of pragmatic understanding and socialemotional status Disciplinary action must remain situation and student-specific given the nature of the populations of students we serve at Summit AcademyThe Executive Director or designee will1) Determine what remedial action is required if any2) Determine what responsive actions andor disciplinary action is necessaryDepending upon the circumstances the Executive Director or designee may choose to consult with the studentsrsquo teacher(s) andor school clinicians BCBA and the targetrsquos or aggressorrsquos parents or guardians to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills developmentThe Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation and if bullying or retaliation is found what action is being taken to prevent further acts of bullying or retaliation All notice to parents must comply with applicable state and federal privacy laws and

regulations Because of the legal requirements regarding the confidentiality of student records the Executive Director or designee cannot report specific information to the targetrsquos parent or guardian about the disciplinary action taken unless it involves a ldquostay awayrdquo order or other directive that the target must be aware of in order to report violations

The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination

E Responses to Bullying1 Teaching Appropriate Behavior Through Skills-buildingUpon the Executive Director or designee determining that bullying or retaliation has occurred the law requires that the school uses a range of responses that balance the need for accountability with the need to teach appropriate behavior MGL c 71 sect 37O(d)(v)Summit Academy will continue to teach and provide the following Offering individualized skill-building sessions based on the schoolrsquos anti-bullying curricula Providing relevant educational activities for individual students or groups of students in consultation with BCBA and other appropriate school personnel implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home adopting behavioral plans to include a focus on developing specific social skills 2 Taking Disciplinary ActionIf the Executive Director or designee decides that disciplinary action is appropriate the disciplinary action will be determined on the basis of facts found by the Executive Director or designee including the nature of the conduct the age of the student(s) involved the understanding that each student at Summit Academy has an IEP and the need to balance accountability with the teaching of appropriate behavior Discipline will be consistent with the Plan and school policiesDiscipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA) which should be read in cooperation with state laws regarding student discipline As an approved 766 school for Special Education Summit Academy will notify the placing school district if a change of placement is being considered as a result of bullying or retaliation behavior The placing school district will be responsible for conducting a functional behavior assessment and other related IDEA discipline procedures

If the Executive Director or designee determines that a student knowingly made a false allegation of bullying or retaliation that student may be subject to disciplinary action3 Promoting Safety for the Target and OthersThe Executive Director or designee will consider what adjustments if any are needed in the school environment to enhance the targets sense of safety and that of others as well One strategy that the Executive Director or designee may use is to increase adult in locations where bullying is known to have occurred or is likely to occurWithin a reasonable period of time following the determination and the ordering of remedial andor disciplinary action the Executive Director or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed If so the Executive Director or designee will work with appropriate school staff to implement them immediately

VI COLLABORATION WITH FAMILIES

A Parent education and resources Summit Academy will provide opportunities for parental and community information sessions at least once per year in the school and with a goal of once per quarter The information for parentsguardians and community will coincide with the age-appropriate anti-bullying curricula that are being used in the school as well as the dynamics of bullying including cyber-bullying and online safety The Executive Director or designee is responsible for scheduling the sessions They will be scheduled and announced at the Know Your School conferences The educational component considers the overall factors of being a private special needs school

B Notification requirements At the beginning of the school year parents or guardians of enrolled students will be informed of the age-appropriate bully prevention curricula and Summitsrsquo Plan via the written informational packets in the student handbooks and on the web We will include information about the dynamics of bullying including cyber-bullying and online safety

VII PROHIBITION AGAINST BULLYING AND RETALIATION

Summit Academy prohibits all bullying cyber-bullying and resultingRetaliation(i) on school grounds and property immediately adjacent to school grounds at a school sponsored or school-related activity function or program whether on or off school grounds on a school bus or other vehicle owned leased or used by a school district or school or through the use of technology or an electronic device owned leased or used by the school and(ii) at a location activity function or program that is not school-related through the use of technology or an electronic device that is not owned leased or used by the school if the acts create a hostile environment at school for the target or witnesses infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a schoolRetaliation against a person who reports bullying provides information during an investigation of bullying or witnesses or has reliable information about bullying is also prohibited

18As stated in MGL c 71 sect 37O nothing in this Plan requires the school to staff any non-school related activities functions or programs

VIII Problem Resolution System

Chapter 86 of the Acts of 2014 amended Section 37O of chapter 71 of the General Laws to include (g) (v) The Plan shall inform parents or guardians of the target about the Departmentrsquos problem resolution system and the process for seeking assistance or filing a claim through the problem resolution system This information will be made available in both hard copy and electronic formats Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the school office

IX DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying cyberbullying orretaliation towards a student

Bullying as defined in MGL c 71 sect 37O is the repeated use by one or more students or a member of aschool staff of a written verbal or electronic expression or a physical act or gesture or any combination

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 4: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

bull teaching students skills including positive communication anger management and empathy for othersbull teaching the specifics of the socialemotional education curricula that is adopted andbull maintaining a safe and caring classroom for all studentsAs required by MGL c 71 sect 37O the content of school professional development will be informed by research and will include information onbull Developmentally (or age-) appropriate strategies to prevent bullyingbull Developmentally (or age-) appropriate strategies for immediate effective interventions to stop bullying incidentsbull Information regarding the complex interaction and power differential that can take place between and among an aggressor target and witnesses to the bullyingbull Research findings on bullying including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environmentbull Information on the incidence and nature of cyber-bullying andbull Internet safety issues as they relate to cyber-bullyingProfessional development will also address ways to prevent and respond to bullying or retaliation for students with disabilities that must be considered when developing studentsrsquo Individualized Education Programs This may include a particular focus on the needs of students with autism students whose disability affects social skills development an area where Summit has a majority of studentsProfessional development will include but not be limited to general presentations targeted workshopsworking groups and follow-up within the school setting to support staff in the actual implementation of the training goals All professional development will include an evaluation of effectiveness with respect to supporting behavior change that leads to a positive school environmentC Written notice to staff Summit Academy will provide all staff and volunteers with an annual written notice of the Plan by publishing information about it including sections related to staff and volunteer duties Any staff that begins working with students after the start of the school year will be provided this written informationD Parents and community members will also be provided with opportunities to learn about the social-emotional learning curricula the bullying prevention plan and the procedures of that plan The training for parents and community members will include information regardingbull The complex interaction and power differential that can take place between and among an aggressor target and witnesses to the bullyingbull Research findings on bullyingbull The incidence and nature of cyber-bullyingbull Internet safety issues as they relate to cyber-bullying andbull Steps they can take to support their children in addressing any incidents of bullying or inappropriate behavior that might occurE Staff development efforts will be reviewed each year The focus will be on developing more effective training and on effective ways to support staff in implementing this plan Surveys interviews and focus groups may be used in conjunction with other approaches to evaluate the effectiveness of professional development

III ACCESS TO RESOURCES AND SERVICES

A Summit Academy currently has a range of resources available to support the development of a positive school climate and to respond to behaviors that undermine that climate They include but are not limited tobull BCBA behavior staff in the building that are trained in prevention of and response to bullying and other disrespectful behaviorsbull Crises Prevention Instructor in the building trained to respond to physical aggression and to de-escalate an incident She is also trained and certified to teach CPI to all staff members

bull Clinicians to support the Primary Intermediate middle and high school classes to address issues related to bullying and other student difficulties

bull Ongoing coordination with City law enforcement agencies in developing a school safety plan and in responding to inappropriate behaviorsbull The ability to have parent permission for open communication with our clinical staff and a studentsrsquo private counselorbull Referral for services generally involves consultation between behavioral team nurse teachers and administrators who work with a given studentB Addressing service gaps will continue in the coming year By June 2011 a plan will be developed to address some of the following gaps and any identified in the coming monthsbull Formalizing the connection with town law enforcement and the steps to determine when they should be involved in a situation and how to proceedbull Developing Student Support Teams in the school with a set of procedures to follow and resources to use in supporting studentsbull Training for staff volunteers and students will be developed by June 2011 regarding the new policy re bullying and the procedures available to address bullying incidentsC As required by MGL c 71B sect 3 as amended by Chapter 92 of the Acts of 2010 when the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying harassment or teasing because of his or her disability the Team will consider what should be included in the IEP to develop the students skills and proficiencies to avoid and respond to bullying harassment or teasingD Support service efforts will be reviewed each year The focus will be on determining which services are most effective and where there may be gaps that need to be addressed Surveys interviews and utilization reviews may be used in conjunction with other approaches to evaluate the effectiveness of support services

IV ACADEMIC AND NON-ACADEMIC ACTIVITIES

ASocialEmotional Learning curricula will be adopted to support students in participating in a positive school climate In addition specific bullying prevention approaches will be developed and taught as part of that curriculum by use of Summit Academies modalities such as

Speech and Language pragmatics Daily social skills class Daily social autopsy techniques Classroom follow up Small group discussions led by BCBA on staff

bull Training for teachers will be provided prior to the coming school year so they are ready to implement the curriculum when the school year beginsbull Staff and volunteer training will also be provided on the curriculum and how all staff can support students in learning the curriculum andbull Specific anti-bullying curricula will undergo a similar review and be incorporated into the implementation of the social-emotional learning curriculum

The bully prevention curriculum will includebull Empowering students to take action by knowing what to do when they witness other students engaged in acts of bullying or retaliation including seeking adult assistancebull Helping students understand the dynamics of bullying and cyber-bullying including the underlying power imbalancebull emphasizing cyber-safety including safe and appropriate use of electronic communication technologies

bull enhancing studentsrsquo skills for engaging in healthy relationships and respectful communicationsbull engaging students in a safe supportive school environment that is respectful of diversity and differenceLessons will also teach students about the student-related sections of the Bullying Prevention and Intervention Plan The Plan will be reviewed with students by the end of the first month of the school year This will also be reviewed with all students if enrolling mid year This will include providing them with gradeage level written material regarding what they can do when an incident occurs that makes them feel unsafe or harassed In addition the review of the Plan will be followed up by the in class social-emotional learning curriculum and discussion of any issues related to creating a positive school environmentB Part of the staff training will include general teaching approaches that support bullying prevention efforts The following approaches are integral to establishing a safe and supportive school environment These underscore the importance of our bullying intervention and prevention initiatives and support the creation of a positive school climatebull setting clear expectations for students and establishing school and classroom routinesbull creating safe school and classroom environments for all students including for students with disabilities lesbian gay bisexual transgender students and homeless studentsbull using appropriate and positive responses and reinforcement even when students require discipline

15bull using positive behavioral supportsbull Encouraging adults to develop positive relationships with studentsbull Modeling teaching and rewarding pro-social healthy and respectful behaviorsbull using positive approaches to behavioral health including collaborative problem-solving conflict resolution training teamwork and positive behavioral supports that aid in social and emotional developmentbull using the Internet safely C The curriculum implementation and follow up will be reviewed annually The focus of the evaluation will be on whether the curriculum was effective in supporting students in learning how to handle difficulties and whether it decreased incidents of bullying In addition the evaluation will also focus on how well teachers were able to implement the curriculumSome tools that may be used to assess the effectiveness of the student education process include surveys interviews of students and teachers and reviews of discipline and incident reports

V POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TOBULLYING AND RETALIATION

A Reporting bullying or retaliation Reports of bullying or retaliation may be made by staff students parents or guardians or others and may be oral or written Oral reports made by or to a staff member shall be recorded in writing A school staff member is required to immediately report to the Executive Director or designee any instance of bullying or retaliation the staff member becomes aware of or witnesses Reports made by students parents or guardians or other individuals who are not school staff members may be made anonymously Summit Academy will make a variety of reporting resources available to the school community including but not limited to an Incident Reporting Form available at the school office and a link to the report on the Summit Academy website is being set up the voicemail box of the Executive DirectorUse of an Incident Reporting Form is not required as a condition of making a report Summit Academy will 1) include a copy of the Incident Reporting Form in the beginning of the year packets for students and parents or guardians 2) make it available in the schoolrsquos main office the behavioral team the school nurses office and other locations determined by the Executive Director or designee and 3) post it on the schoolrsquos website The Incident Reporting Form will be made available in the most prevalent language(s) of origin of students and parents or guardians

At the beginning of each school year Summit Academy will provide the school community including administrators staff students and parents or guardians with written notice of its policies for reporting acts of bullying and retaliation A description of the reporting procedures and resources including the name and contact information of the Executive Director or designee will be incorporated in student and staff handbooks on the school website and in information about the Plan that is made available to parents or guardians1 Reporting by StaffA staff member will immediately report to the Executive Director or designee when he or she witnesses or becomes aware of conduct that may be bullying or retaliation The requirement to report to the Executive Director or designee does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school policies and procedures for behavior management and discipline2 Reporting by Students Parents or Guardians and OthersSummit Academy expects students parents or guardians and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the Executive Director or designee Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report Students parents or guardians and others may request assistance from a staff member to complete a written report Students will be provided practical safe private and age-appropriate ways to report and discuss an incident of bullying with a staff member or with the Executive Director or designeeB Responding to a report of bullying or retaliation1 SafetyBefore fully investigating the allegations of bullying or retaliation the Executive Director or designee will take steps to assess the need to restore a sense of safety to the alleged target andor to protect the alleged target from possible further incidents Responses to promote safety may include but not be limited to creating a personal safety plan pre-determining seating arrangements for the target andor the aggressor in the classroom at lunch or on the bus identifying a staff member who will act as a ldquosafe personrdquo for the target andor the student to have a code word for staff to recognize an emergency and altering the aggressorrsquos schedule and access to the target The Executive Director or designee will take additional steps to promote safety during the course of and after the investigation as necessaryThe Executive Director or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation a student who has witnessed bullying or retaliation a student who provides information during an investigation or a student who has reliable information about a reported act of bullying or retaliation2 Obligations to Notify Othersa Notice to parents or guardians Upon determining that bullying or retaliation has occurred the Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor of this and of the

16procedures for responding to it There may be circumstances in which the Executive Director or designee contacts parents or guardians prior to any investigation Notice will be consistent with state regulations at 603 CMR 4900b Notice to Another School or District The Executive Director or designee first informed of the incident will promptly notify by telephone the Principal or designee of the studentsrsquo referring district school(s) of the incident so that each school may take appropriate action All communications will be in accordance with state and federal privacy laws and regulations and 603 CMR 4900c Notice to Law Enforcement At any point after receiving a report of bullying or retaliation including after an investigation if the Executive Director or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor the Executive Director or designee will notify the local law enforcement agency Notice will be consistent

with the requirements of 603 CMR 4900 and locally established agreements with the local law enforcement agency Also if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school the Executive Director or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressorIn making this determination the Executive Director or designee will consistent with the Plan and with applicable school or district policies and procedures consult with any individuals the Executive Director or designee deems appropriateC InvestigationThe Executive Director or designee will promptly investigate all reports of bullying or retaliation and in doing so will consider all available information known including the nature of the allegation(s) and the ages of the students involved

During the investigation the Executive Director or designee will among other things interview students staff witnesses parents or guardians and others as necessary The Executive Director or designee (or whoever is conducting the investigation) will remind the alleged aggressor target and witnesses that retaliation is strictly prohibited and will result in disciplinary actionInterviews may be conducted by the Executive Director or designee other staff members as determined by the Executive Director or designee and in consultation with the school BCBA andor clinician as appropriate To the extent practicable and given his or her obligation to investigate and address the matter the Executive Director or designee will maintain confidentiality during the investigative process The Executive Director or designee will maintain a written record of the investigationThe investigation shall be completed within fourteen school days from the date of thereport The parents or guardians shall be contacted upon completion of the investigation and informed of the results including whether the allegations were found to be factual whether a violation of this policy was found and whether disciplinary action has or shall be takenAt a minimum the Executive Director or designee shall contact the parents or guardians as to the status of the investigation on a weekly basisD DeterminationsThe Executive Director or designee will make a determination based upon all of the facts and circumstances If after investigation bullying or retaliation is substantiated the Executive Director or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities We also understand that Aspergers Disorder Pervasive Developmental Disorder and Attention DeficitHyperactivity Disorder commonly manifest with difficulty in understanding the subtleties of pragmatic language during social encounters a misinterpretation of others perspectives and impulsive behavioral responses Therefore Summit Administration and BehaviorClinical staff will carefully assess all situations during which students engage in bullying or retaliatory behavior with particular regard to previous engagement in similar behavior their level of pragmatic understanding and socialemotional status Disciplinary action must remain situation and student-specific given the nature of the populations of students we serve at Summit AcademyThe Executive Director or designee will1) Determine what remedial action is required if any2) Determine what responsive actions andor disciplinary action is necessaryDepending upon the circumstances the Executive Director or designee may choose to consult with the studentsrsquo teacher(s) andor school clinicians BCBA and the targetrsquos or aggressorrsquos parents or guardians to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills developmentThe Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation and if bullying or retaliation is found what action is being taken to prevent further acts of bullying or retaliation All notice to parents must comply with applicable state and federal privacy laws and

regulations Because of the legal requirements regarding the confidentiality of student records the Executive Director or designee cannot report specific information to the targetrsquos parent or guardian about the disciplinary action taken unless it involves a ldquostay awayrdquo order or other directive that the target must be aware of in order to report violations

The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination

E Responses to Bullying1 Teaching Appropriate Behavior Through Skills-buildingUpon the Executive Director or designee determining that bullying or retaliation has occurred the law requires that the school uses a range of responses that balance the need for accountability with the need to teach appropriate behavior MGL c 71 sect 37O(d)(v)Summit Academy will continue to teach and provide the following Offering individualized skill-building sessions based on the schoolrsquos anti-bullying curricula Providing relevant educational activities for individual students or groups of students in consultation with BCBA and other appropriate school personnel implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home adopting behavioral plans to include a focus on developing specific social skills 2 Taking Disciplinary ActionIf the Executive Director or designee decides that disciplinary action is appropriate the disciplinary action will be determined on the basis of facts found by the Executive Director or designee including the nature of the conduct the age of the student(s) involved the understanding that each student at Summit Academy has an IEP and the need to balance accountability with the teaching of appropriate behavior Discipline will be consistent with the Plan and school policiesDiscipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA) which should be read in cooperation with state laws regarding student discipline As an approved 766 school for Special Education Summit Academy will notify the placing school district if a change of placement is being considered as a result of bullying or retaliation behavior The placing school district will be responsible for conducting a functional behavior assessment and other related IDEA discipline procedures

If the Executive Director or designee determines that a student knowingly made a false allegation of bullying or retaliation that student may be subject to disciplinary action3 Promoting Safety for the Target and OthersThe Executive Director or designee will consider what adjustments if any are needed in the school environment to enhance the targets sense of safety and that of others as well One strategy that the Executive Director or designee may use is to increase adult in locations where bullying is known to have occurred or is likely to occurWithin a reasonable period of time following the determination and the ordering of remedial andor disciplinary action the Executive Director or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed If so the Executive Director or designee will work with appropriate school staff to implement them immediately

VI COLLABORATION WITH FAMILIES

A Parent education and resources Summit Academy will provide opportunities for parental and community information sessions at least once per year in the school and with a goal of once per quarter The information for parentsguardians and community will coincide with the age-appropriate anti-bullying curricula that are being used in the school as well as the dynamics of bullying including cyber-bullying and online safety The Executive Director or designee is responsible for scheduling the sessions They will be scheduled and announced at the Know Your School conferences The educational component considers the overall factors of being a private special needs school

B Notification requirements At the beginning of the school year parents or guardians of enrolled students will be informed of the age-appropriate bully prevention curricula and Summitsrsquo Plan via the written informational packets in the student handbooks and on the web We will include information about the dynamics of bullying including cyber-bullying and online safety

VII PROHIBITION AGAINST BULLYING AND RETALIATION

Summit Academy prohibits all bullying cyber-bullying and resultingRetaliation(i) on school grounds and property immediately adjacent to school grounds at a school sponsored or school-related activity function or program whether on or off school grounds on a school bus or other vehicle owned leased or used by a school district or school or through the use of technology or an electronic device owned leased or used by the school and(ii) at a location activity function or program that is not school-related through the use of technology or an electronic device that is not owned leased or used by the school if the acts create a hostile environment at school for the target or witnesses infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a schoolRetaliation against a person who reports bullying provides information during an investigation of bullying or witnesses or has reliable information about bullying is also prohibited

18As stated in MGL c 71 sect 37O nothing in this Plan requires the school to staff any non-school related activities functions or programs

VIII Problem Resolution System

Chapter 86 of the Acts of 2014 amended Section 37O of chapter 71 of the General Laws to include (g) (v) The Plan shall inform parents or guardians of the target about the Departmentrsquos problem resolution system and the process for seeking assistance or filing a claim through the problem resolution system This information will be made available in both hard copy and electronic formats Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the school office

IX DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying cyberbullying orretaliation towards a student

Bullying as defined in MGL c 71 sect 37O is the repeated use by one or more students or a member of aschool staff of a written verbal or electronic expression or a physical act or gesture or any combination

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 5: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

bull Clinicians to support the Primary Intermediate middle and high school classes to address issues related to bullying and other student difficulties

bull Ongoing coordination with City law enforcement agencies in developing a school safety plan and in responding to inappropriate behaviorsbull The ability to have parent permission for open communication with our clinical staff and a studentsrsquo private counselorbull Referral for services generally involves consultation between behavioral team nurse teachers and administrators who work with a given studentB Addressing service gaps will continue in the coming year By June 2011 a plan will be developed to address some of the following gaps and any identified in the coming monthsbull Formalizing the connection with town law enforcement and the steps to determine when they should be involved in a situation and how to proceedbull Developing Student Support Teams in the school with a set of procedures to follow and resources to use in supporting studentsbull Training for staff volunteers and students will be developed by June 2011 regarding the new policy re bullying and the procedures available to address bullying incidentsC As required by MGL c 71B sect 3 as amended by Chapter 92 of the Acts of 2010 when the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying harassment or teasing because of his or her disability the Team will consider what should be included in the IEP to develop the students skills and proficiencies to avoid and respond to bullying harassment or teasingD Support service efforts will be reviewed each year The focus will be on determining which services are most effective and where there may be gaps that need to be addressed Surveys interviews and utilization reviews may be used in conjunction with other approaches to evaluate the effectiveness of support services

IV ACADEMIC AND NON-ACADEMIC ACTIVITIES

ASocialEmotional Learning curricula will be adopted to support students in participating in a positive school climate In addition specific bullying prevention approaches will be developed and taught as part of that curriculum by use of Summit Academies modalities such as

Speech and Language pragmatics Daily social skills class Daily social autopsy techniques Classroom follow up Small group discussions led by BCBA on staff

bull Training for teachers will be provided prior to the coming school year so they are ready to implement the curriculum when the school year beginsbull Staff and volunteer training will also be provided on the curriculum and how all staff can support students in learning the curriculum andbull Specific anti-bullying curricula will undergo a similar review and be incorporated into the implementation of the social-emotional learning curriculum

The bully prevention curriculum will includebull Empowering students to take action by knowing what to do when they witness other students engaged in acts of bullying or retaliation including seeking adult assistancebull Helping students understand the dynamics of bullying and cyber-bullying including the underlying power imbalancebull emphasizing cyber-safety including safe and appropriate use of electronic communication technologies

bull enhancing studentsrsquo skills for engaging in healthy relationships and respectful communicationsbull engaging students in a safe supportive school environment that is respectful of diversity and differenceLessons will also teach students about the student-related sections of the Bullying Prevention and Intervention Plan The Plan will be reviewed with students by the end of the first month of the school year This will also be reviewed with all students if enrolling mid year This will include providing them with gradeage level written material regarding what they can do when an incident occurs that makes them feel unsafe or harassed In addition the review of the Plan will be followed up by the in class social-emotional learning curriculum and discussion of any issues related to creating a positive school environmentB Part of the staff training will include general teaching approaches that support bullying prevention efforts The following approaches are integral to establishing a safe and supportive school environment These underscore the importance of our bullying intervention and prevention initiatives and support the creation of a positive school climatebull setting clear expectations for students and establishing school and classroom routinesbull creating safe school and classroom environments for all students including for students with disabilities lesbian gay bisexual transgender students and homeless studentsbull using appropriate and positive responses and reinforcement even when students require discipline

15bull using positive behavioral supportsbull Encouraging adults to develop positive relationships with studentsbull Modeling teaching and rewarding pro-social healthy and respectful behaviorsbull using positive approaches to behavioral health including collaborative problem-solving conflict resolution training teamwork and positive behavioral supports that aid in social and emotional developmentbull using the Internet safely C The curriculum implementation and follow up will be reviewed annually The focus of the evaluation will be on whether the curriculum was effective in supporting students in learning how to handle difficulties and whether it decreased incidents of bullying In addition the evaluation will also focus on how well teachers were able to implement the curriculumSome tools that may be used to assess the effectiveness of the student education process include surveys interviews of students and teachers and reviews of discipline and incident reports

V POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TOBULLYING AND RETALIATION

A Reporting bullying or retaliation Reports of bullying or retaliation may be made by staff students parents or guardians or others and may be oral or written Oral reports made by or to a staff member shall be recorded in writing A school staff member is required to immediately report to the Executive Director or designee any instance of bullying or retaliation the staff member becomes aware of or witnesses Reports made by students parents or guardians or other individuals who are not school staff members may be made anonymously Summit Academy will make a variety of reporting resources available to the school community including but not limited to an Incident Reporting Form available at the school office and a link to the report on the Summit Academy website is being set up the voicemail box of the Executive DirectorUse of an Incident Reporting Form is not required as a condition of making a report Summit Academy will 1) include a copy of the Incident Reporting Form in the beginning of the year packets for students and parents or guardians 2) make it available in the schoolrsquos main office the behavioral team the school nurses office and other locations determined by the Executive Director or designee and 3) post it on the schoolrsquos website The Incident Reporting Form will be made available in the most prevalent language(s) of origin of students and parents or guardians

At the beginning of each school year Summit Academy will provide the school community including administrators staff students and parents or guardians with written notice of its policies for reporting acts of bullying and retaliation A description of the reporting procedures and resources including the name and contact information of the Executive Director or designee will be incorporated in student and staff handbooks on the school website and in information about the Plan that is made available to parents or guardians1 Reporting by StaffA staff member will immediately report to the Executive Director or designee when he or she witnesses or becomes aware of conduct that may be bullying or retaliation The requirement to report to the Executive Director or designee does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school policies and procedures for behavior management and discipline2 Reporting by Students Parents or Guardians and OthersSummit Academy expects students parents or guardians and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the Executive Director or designee Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report Students parents or guardians and others may request assistance from a staff member to complete a written report Students will be provided practical safe private and age-appropriate ways to report and discuss an incident of bullying with a staff member or with the Executive Director or designeeB Responding to a report of bullying or retaliation1 SafetyBefore fully investigating the allegations of bullying or retaliation the Executive Director or designee will take steps to assess the need to restore a sense of safety to the alleged target andor to protect the alleged target from possible further incidents Responses to promote safety may include but not be limited to creating a personal safety plan pre-determining seating arrangements for the target andor the aggressor in the classroom at lunch or on the bus identifying a staff member who will act as a ldquosafe personrdquo for the target andor the student to have a code word for staff to recognize an emergency and altering the aggressorrsquos schedule and access to the target The Executive Director or designee will take additional steps to promote safety during the course of and after the investigation as necessaryThe Executive Director or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation a student who has witnessed bullying or retaliation a student who provides information during an investigation or a student who has reliable information about a reported act of bullying or retaliation2 Obligations to Notify Othersa Notice to parents or guardians Upon determining that bullying or retaliation has occurred the Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor of this and of the

16procedures for responding to it There may be circumstances in which the Executive Director or designee contacts parents or guardians prior to any investigation Notice will be consistent with state regulations at 603 CMR 4900b Notice to Another School or District The Executive Director or designee first informed of the incident will promptly notify by telephone the Principal or designee of the studentsrsquo referring district school(s) of the incident so that each school may take appropriate action All communications will be in accordance with state and federal privacy laws and regulations and 603 CMR 4900c Notice to Law Enforcement At any point after receiving a report of bullying or retaliation including after an investigation if the Executive Director or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor the Executive Director or designee will notify the local law enforcement agency Notice will be consistent

with the requirements of 603 CMR 4900 and locally established agreements with the local law enforcement agency Also if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school the Executive Director or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressorIn making this determination the Executive Director or designee will consistent with the Plan and with applicable school or district policies and procedures consult with any individuals the Executive Director or designee deems appropriateC InvestigationThe Executive Director or designee will promptly investigate all reports of bullying or retaliation and in doing so will consider all available information known including the nature of the allegation(s) and the ages of the students involved

During the investigation the Executive Director or designee will among other things interview students staff witnesses parents or guardians and others as necessary The Executive Director or designee (or whoever is conducting the investigation) will remind the alleged aggressor target and witnesses that retaliation is strictly prohibited and will result in disciplinary actionInterviews may be conducted by the Executive Director or designee other staff members as determined by the Executive Director or designee and in consultation with the school BCBA andor clinician as appropriate To the extent practicable and given his or her obligation to investigate and address the matter the Executive Director or designee will maintain confidentiality during the investigative process The Executive Director or designee will maintain a written record of the investigationThe investigation shall be completed within fourteen school days from the date of thereport The parents or guardians shall be contacted upon completion of the investigation and informed of the results including whether the allegations were found to be factual whether a violation of this policy was found and whether disciplinary action has or shall be takenAt a minimum the Executive Director or designee shall contact the parents or guardians as to the status of the investigation on a weekly basisD DeterminationsThe Executive Director or designee will make a determination based upon all of the facts and circumstances If after investigation bullying or retaliation is substantiated the Executive Director or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities We also understand that Aspergers Disorder Pervasive Developmental Disorder and Attention DeficitHyperactivity Disorder commonly manifest with difficulty in understanding the subtleties of pragmatic language during social encounters a misinterpretation of others perspectives and impulsive behavioral responses Therefore Summit Administration and BehaviorClinical staff will carefully assess all situations during which students engage in bullying or retaliatory behavior with particular regard to previous engagement in similar behavior their level of pragmatic understanding and socialemotional status Disciplinary action must remain situation and student-specific given the nature of the populations of students we serve at Summit AcademyThe Executive Director or designee will1) Determine what remedial action is required if any2) Determine what responsive actions andor disciplinary action is necessaryDepending upon the circumstances the Executive Director or designee may choose to consult with the studentsrsquo teacher(s) andor school clinicians BCBA and the targetrsquos or aggressorrsquos parents or guardians to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills developmentThe Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation and if bullying or retaliation is found what action is being taken to prevent further acts of bullying or retaliation All notice to parents must comply with applicable state and federal privacy laws and

regulations Because of the legal requirements regarding the confidentiality of student records the Executive Director or designee cannot report specific information to the targetrsquos parent or guardian about the disciplinary action taken unless it involves a ldquostay awayrdquo order or other directive that the target must be aware of in order to report violations

The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination

E Responses to Bullying1 Teaching Appropriate Behavior Through Skills-buildingUpon the Executive Director or designee determining that bullying or retaliation has occurred the law requires that the school uses a range of responses that balance the need for accountability with the need to teach appropriate behavior MGL c 71 sect 37O(d)(v)Summit Academy will continue to teach and provide the following Offering individualized skill-building sessions based on the schoolrsquos anti-bullying curricula Providing relevant educational activities for individual students or groups of students in consultation with BCBA and other appropriate school personnel implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home adopting behavioral plans to include a focus on developing specific social skills 2 Taking Disciplinary ActionIf the Executive Director or designee decides that disciplinary action is appropriate the disciplinary action will be determined on the basis of facts found by the Executive Director or designee including the nature of the conduct the age of the student(s) involved the understanding that each student at Summit Academy has an IEP and the need to balance accountability with the teaching of appropriate behavior Discipline will be consistent with the Plan and school policiesDiscipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA) which should be read in cooperation with state laws regarding student discipline As an approved 766 school for Special Education Summit Academy will notify the placing school district if a change of placement is being considered as a result of bullying or retaliation behavior The placing school district will be responsible for conducting a functional behavior assessment and other related IDEA discipline procedures

If the Executive Director or designee determines that a student knowingly made a false allegation of bullying or retaliation that student may be subject to disciplinary action3 Promoting Safety for the Target and OthersThe Executive Director or designee will consider what adjustments if any are needed in the school environment to enhance the targets sense of safety and that of others as well One strategy that the Executive Director or designee may use is to increase adult in locations where bullying is known to have occurred or is likely to occurWithin a reasonable period of time following the determination and the ordering of remedial andor disciplinary action the Executive Director or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed If so the Executive Director or designee will work with appropriate school staff to implement them immediately

VI COLLABORATION WITH FAMILIES

A Parent education and resources Summit Academy will provide opportunities for parental and community information sessions at least once per year in the school and with a goal of once per quarter The information for parentsguardians and community will coincide with the age-appropriate anti-bullying curricula that are being used in the school as well as the dynamics of bullying including cyber-bullying and online safety The Executive Director or designee is responsible for scheduling the sessions They will be scheduled and announced at the Know Your School conferences The educational component considers the overall factors of being a private special needs school

B Notification requirements At the beginning of the school year parents or guardians of enrolled students will be informed of the age-appropriate bully prevention curricula and Summitsrsquo Plan via the written informational packets in the student handbooks and on the web We will include information about the dynamics of bullying including cyber-bullying and online safety

VII PROHIBITION AGAINST BULLYING AND RETALIATION

Summit Academy prohibits all bullying cyber-bullying and resultingRetaliation(i) on school grounds and property immediately adjacent to school grounds at a school sponsored or school-related activity function or program whether on or off school grounds on a school bus or other vehicle owned leased or used by a school district or school or through the use of technology or an electronic device owned leased or used by the school and(ii) at a location activity function or program that is not school-related through the use of technology or an electronic device that is not owned leased or used by the school if the acts create a hostile environment at school for the target or witnesses infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a schoolRetaliation against a person who reports bullying provides information during an investigation of bullying or witnesses or has reliable information about bullying is also prohibited

18As stated in MGL c 71 sect 37O nothing in this Plan requires the school to staff any non-school related activities functions or programs

VIII Problem Resolution System

Chapter 86 of the Acts of 2014 amended Section 37O of chapter 71 of the General Laws to include (g) (v) The Plan shall inform parents or guardians of the target about the Departmentrsquos problem resolution system and the process for seeking assistance or filing a claim through the problem resolution system This information will be made available in both hard copy and electronic formats Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the school office

IX DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying cyberbullying orretaliation towards a student

Bullying as defined in MGL c 71 sect 37O is the repeated use by one or more students or a member of aschool staff of a written verbal or electronic expression or a physical act or gesture or any combination

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 6: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

bull enhancing studentsrsquo skills for engaging in healthy relationships and respectful communicationsbull engaging students in a safe supportive school environment that is respectful of diversity and differenceLessons will also teach students about the student-related sections of the Bullying Prevention and Intervention Plan The Plan will be reviewed with students by the end of the first month of the school year This will also be reviewed with all students if enrolling mid year This will include providing them with gradeage level written material regarding what they can do when an incident occurs that makes them feel unsafe or harassed In addition the review of the Plan will be followed up by the in class social-emotional learning curriculum and discussion of any issues related to creating a positive school environmentB Part of the staff training will include general teaching approaches that support bullying prevention efforts The following approaches are integral to establishing a safe and supportive school environment These underscore the importance of our bullying intervention and prevention initiatives and support the creation of a positive school climatebull setting clear expectations for students and establishing school and classroom routinesbull creating safe school and classroom environments for all students including for students with disabilities lesbian gay bisexual transgender students and homeless studentsbull using appropriate and positive responses and reinforcement even when students require discipline

15bull using positive behavioral supportsbull Encouraging adults to develop positive relationships with studentsbull Modeling teaching and rewarding pro-social healthy and respectful behaviorsbull using positive approaches to behavioral health including collaborative problem-solving conflict resolution training teamwork and positive behavioral supports that aid in social and emotional developmentbull using the Internet safely C The curriculum implementation and follow up will be reviewed annually The focus of the evaluation will be on whether the curriculum was effective in supporting students in learning how to handle difficulties and whether it decreased incidents of bullying In addition the evaluation will also focus on how well teachers were able to implement the curriculumSome tools that may be used to assess the effectiveness of the student education process include surveys interviews of students and teachers and reviews of discipline and incident reports

V POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TOBULLYING AND RETALIATION

A Reporting bullying or retaliation Reports of bullying or retaliation may be made by staff students parents or guardians or others and may be oral or written Oral reports made by or to a staff member shall be recorded in writing A school staff member is required to immediately report to the Executive Director or designee any instance of bullying or retaliation the staff member becomes aware of or witnesses Reports made by students parents or guardians or other individuals who are not school staff members may be made anonymously Summit Academy will make a variety of reporting resources available to the school community including but not limited to an Incident Reporting Form available at the school office and a link to the report on the Summit Academy website is being set up the voicemail box of the Executive DirectorUse of an Incident Reporting Form is not required as a condition of making a report Summit Academy will 1) include a copy of the Incident Reporting Form in the beginning of the year packets for students and parents or guardians 2) make it available in the schoolrsquos main office the behavioral team the school nurses office and other locations determined by the Executive Director or designee and 3) post it on the schoolrsquos website The Incident Reporting Form will be made available in the most prevalent language(s) of origin of students and parents or guardians

At the beginning of each school year Summit Academy will provide the school community including administrators staff students and parents or guardians with written notice of its policies for reporting acts of bullying and retaliation A description of the reporting procedures and resources including the name and contact information of the Executive Director or designee will be incorporated in student and staff handbooks on the school website and in information about the Plan that is made available to parents or guardians1 Reporting by StaffA staff member will immediately report to the Executive Director or designee when he or she witnesses or becomes aware of conduct that may be bullying or retaliation The requirement to report to the Executive Director or designee does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school policies and procedures for behavior management and discipline2 Reporting by Students Parents or Guardians and OthersSummit Academy expects students parents or guardians and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the Executive Director or designee Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report Students parents or guardians and others may request assistance from a staff member to complete a written report Students will be provided practical safe private and age-appropriate ways to report and discuss an incident of bullying with a staff member or with the Executive Director or designeeB Responding to a report of bullying or retaliation1 SafetyBefore fully investigating the allegations of bullying or retaliation the Executive Director or designee will take steps to assess the need to restore a sense of safety to the alleged target andor to protect the alleged target from possible further incidents Responses to promote safety may include but not be limited to creating a personal safety plan pre-determining seating arrangements for the target andor the aggressor in the classroom at lunch or on the bus identifying a staff member who will act as a ldquosafe personrdquo for the target andor the student to have a code word for staff to recognize an emergency and altering the aggressorrsquos schedule and access to the target The Executive Director or designee will take additional steps to promote safety during the course of and after the investigation as necessaryThe Executive Director or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation a student who has witnessed bullying or retaliation a student who provides information during an investigation or a student who has reliable information about a reported act of bullying or retaliation2 Obligations to Notify Othersa Notice to parents or guardians Upon determining that bullying or retaliation has occurred the Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor of this and of the

16procedures for responding to it There may be circumstances in which the Executive Director or designee contacts parents or guardians prior to any investigation Notice will be consistent with state regulations at 603 CMR 4900b Notice to Another School or District The Executive Director or designee first informed of the incident will promptly notify by telephone the Principal or designee of the studentsrsquo referring district school(s) of the incident so that each school may take appropriate action All communications will be in accordance with state and federal privacy laws and regulations and 603 CMR 4900c Notice to Law Enforcement At any point after receiving a report of bullying or retaliation including after an investigation if the Executive Director or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor the Executive Director or designee will notify the local law enforcement agency Notice will be consistent

with the requirements of 603 CMR 4900 and locally established agreements with the local law enforcement agency Also if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school the Executive Director or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressorIn making this determination the Executive Director or designee will consistent with the Plan and with applicable school or district policies and procedures consult with any individuals the Executive Director or designee deems appropriateC InvestigationThe Executive Director or designee will promptly investigate all reports of bullying or retaliation and in doing so will consider all available information known including the nature of the allegation(s) and the ages of the students involved

During the investigation the Executive Director or designee will among other things interview students staff witnesses parents or guardians and others as necessary The Executive Director or designee (or whoever is conducting the investigation) will remind the alleged aggressor target and witnesses that retaliation is strictly prohibited and will result in disciplinary actionInterviews may be conducted by the Executive Director or designee other staff members as determined by the Executive Director or designee and in consultation with the school BCBA andor clinician as appropriate To the extent practicable and given his or her obligation to investigate and address the matter the Executive Director or designee will maintain confidentiality during the investigative process The Executive Director or designee will maintain a written record of the investigationThe investigation shall be completed within fourteen school days from the date of thereport The parents or guardians shall be contacted upon completion of the investigation and informed of the results including whether the allegations were found to be factual whether a violation of this policy was found and whether disciplinary action has or shall be takenAt a minimum the Executive Director or designee shall contact the parents or guardians as to the status of the investigation on a weekly basisD DeterminationsThe Executive Director or designee will make a determination based upon all of the facts and circumstances If after investigation bullying or retaliation is substantiated the Executive Director or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities We also understand that Aspergers Disorder Pervasive Developmental Disorder and Attention DeficitHyperactivity Disorder commonly manifest with difficulty in understanding the subtleties of pragmatic language during social encounters a misinterpretation of others perspectives and impulsive behavioral responses Therefore Summit Administration and BehaviorClinical staff will carefully assess all situations during which students engage in bullying or retaliatory behavior with particular regard to previous engagement in similar behavior their level of pragmatic understanding and socialemotional status Disciplinary action must remain situation and student-specific given the nature of the populations of students we serve at Summit AcademyThe Executive Director or designee will1) Determine what remedial action is required if any2) Determine what responsive actions andor disciplinary action is necessaryDepending upon the circumstances the Executive Director or designee may choose to consult with the studentsrsquo teacher(s) andor school clinicians BCBA and the targetrsquos or aggressorrsquos parents or guardians to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills developmentThe Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation and if bullying or retaliation is found what action is being taken to prevent further acts of bullying or retaliation All notice to parents must comply with applicable state and federal privacy laws and

regulations Because of the legal requirements regarding the confidentiality of student records the Executive Director or designee cannot report specific information to the targetrsquos parent or guardian about the disciplinary action taken unless it involves a ldquostay awayrdquo order or other directive that the target must be aware of in order to report violations

The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination

E Responses to Bullying1 Teaching Appropriate Behavior Through Skills-buildingUpon the Executive Director or designee determining that bullying or retaliation has occurred the law requires that the school uses a range of responses that balance the need for accountability with the need to teach appropriate behavior MGL c 71 sect 37O(d)(v)Summit Academy will continue to teach and provide the following Offering individualized skill-building sessions based on the schoolrsquos anti-bullying curricula Providing relevant educational activities for individual students or groups of students in consultation with BCBA and other appropriate school personnel implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home adopting behavioral plans to include a focus on developing specific social skills 2 Taking Disciplinary ActionIf the Executive Director or designee decides that disciplinary action is appropriate the disciplinary action will be determined on the basis of facts found by the Executive Director or designee including the nature of the conduct the age of the student(s) involved the understanding that each student at Summit Academy has an IEP and the need to balance accountability with the teaching of appropriate behavior Discipline will be consistent with the Plan and school policiesDiscipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA) which should be read in cooperation with state laws regarding student discipline As an approved 766 school for Special Education Summit Academy will notify the placing school district if a change of placement is being considered as a result of bullying or retaliation behavior The placing school district will be responsible for conducting a functional behavior assessment and other related IDEA discipline procedures

If the Executive Director or designee determines that a student knowingly made a false allegation of bullying or retaliation that student may be subject to disciplinary action3 Promoting Safety for the Target and OthersThe Executive Director or designee will consider what adjustments if any are needed in the school environment to enhance the targets sense of safety and that of others as well One strategy that the Executive Director or designee may use is to increase adult in locations where bullying is known to have occurred or is likely to occurWithin a reasonable period of time following the determination and the ordering of remedial andor disciplinary action the Executive Director or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed If so the Executive Director or designee will work with appropriate school staff to implement them immediately

VI COLLABORATION WITH FAMILIES

A Parent education and resources Summit Academy will provide opportunities for parental and community information sessions at least once per year in the school and with a goal of once per quarter The information for parentsguardians and community will coincide with the age-appropriate anti-bullying curricula that are being used in the school as well as the dynamics of bullying including cyber-bullying and online safety The Executive Director or designee is responsible for scheduling the sessions They will be scheduled and announced at the Know Your School conferences The educational component considers the overall factors of being a private special needs school

B Notification requirements At the beginning of the school year parents or guardians of enrolled students will be informed of the age-appropriate bully prevention curricula and Summitsrsquo Plan via the written informational packets in the student handbooks and on the web We will include information about the dynamics of bullying including cyber-bullying and online safety

VII PROHIBITION AGAINST BULLYING AND RETALIATION

Summit Academy prohibits all bullying cyber-bullying and resultingRetaliation(i) on school grounds and property immediately adjacent to school grounds at a school sponsored or school-related activity function or program whether on or off school grounds on a school bus or other vehicle owned leased or used by a school district or school or through the use of technology or an electronic device owned leased or used by the school and(ii) at a location activity function or program that is not school-related through the use of technology or an electronic device that is not owned leased or used by the school if the acts create a hostile environment at school for the target or witnesses infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a schoolRetaliation against a person who reports bullying provides information during an investigation of bullying or witnesses or has reliable information about bullying is also prohibited

18As stated in MGL c 71 sect 37O nothing in this Plan requires the school to staff any non-school related activities functions or programs

VIII Problem Resolution System

Chapter 86 of the Acts of 2014 amended Section 37O of chapter 71 of the General Laws to include (g) (v) The Plan shall inform parents or guardians of the target about the Departmentrsquos problem resolution system and the process for seeking assistance or filing a claim through the problem resolution system This information will be made available in both hard copy and electronic formats Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the school office

IX DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying cyberbullying orretaliation towards a student

Bullying as defined in MGL c 71 sect 37O is the repeated use by one or more students or a member of aschool staff of a written verbal or electronic expression or a physical act or gesture or any combination

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 7: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

At the beginning of each school year Summit Academy will provide the school community including administrators staff students and parents or guardians with written notice of its policies for reporting acts of bullying and retaliation A description of the reporting procedures and resources including the name and contact information of the Executive Director or designee will be incorporated in student and staff handbooks on the school website and in information about the Plan that is made available to parents or guardians1 Reporting by StaffA staff member will immediately report to the Executive Director or designee when he or she witnesses or becomes aware of conduct that may be bullying or retaliation The requirement to report to the Executive Director or designee does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school policies and procedures for behavior management and discipline2 Reporting by Students Parents or Guardians and OthersSummit Academy expects students parents or guardians and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the Executive Director or designee Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report Students parents or guardians and others may request assistance from a staff member to complete a written report Students will be provided practical safe private and age-appropriate ways to report and discuss an incident of bullying with a staff member or with the Executive Director or designeeB Responding to a report of bullying or retaliation1 SafetyBefore fully investigating the allegations of bullying or retaliation the Executive Director or designee will take steps to assess the need to restore a sense of safety to the alleged target andor to protect the alleged target from possible further incidents Responses to promote safety may include but not be limited to creating a personal safety plan pre-determining seating arrangements for the target andor the aggressor in the classroom at lunch or on the bus identifying a staff member who will act as a ldquosafe personrdquo for the target andor the student to have a code word for staff to recognize an emergency and altering the aggressorrsquos schedule and access to the target The Executive Director or designee will take additional steps to promote safety during the course of and after the investigation as necessaryThe Executive Director or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation a student who has witnessed bullying or retaliation a student who provides information during an investigation or a student who has reliable information about a reported act of bullying or retaliation2 Obligations to Notify Othersa Notice to parents or guardians Upon determining that bullying or retaliation has occurred the Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor of this and of the

16procedures for responding to it There may be circumstances in which the Executive Director or designee contacts parents or guardians prior to any investigation Notice will be consistent with state regulations at 603 CMR 4900b Notice to Another School or District The Executive Director or designee first informed of the incident will promptly notify by telephone the Principal or designee of the studentsrsquo referring district school(s) of the incident so that each school may take appropriate action All communications will be in accordance with state and federal privacy laws and regulations and 603 CMR 4900c Notice to Law Enforcement At any point after receiving a report of bullying or retaliation including after an investigation if the Executive Director or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor the Executive Director or designee will notify the local law enforcement agency Notice will be consistent

with the requirements of 603 CMR 4900 and locally established agreements with the local law enforcement agency Also if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school the Executive Director or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressorIn making this determination the Executive Director or designee will consistent with the Plan and with applicable school or district policies and procedures consult with any individuals the Executive Director or designee deems appropriateC InvestigationThe Executive Director or designee will promptly investigate all reports of bullying or retaliation and in doing so will consider all available information known including the nature of the allegation(s) and the ages of the students involved

During the investigation the Executive Director or designee will among other things interview students staff witnesses parents or guardians and others as necessary The Executive Director or designee (or whoever is conducting the investigation) will remind the alleged aggressor target and witnesses that retaliation is strictly prohibited and will result in disciplinary actionInterviews may be conducted by the Executive Director or designee other staff members as determined by the Executive Director or designee and in consultation with the school BCBA andor clinician as appropriate To the extent practicable and given his or her obligation to investigate and address the matter the Executive Director or designee will maintain confidentiality during the investigative process The Executive Director or designee will maintain a written record of the investigationThe investigation shall be completed within fourteen school days from the date of thereport The parents or guardians shall be contacted upon completion of the investigation and informed of the results including whether the allegations were found to be factual whether a violation of this policy was found and whether disciplinary action has or shall be takenAt a minimum the Executive Director or designee shall contact the parents or guardians as to the status of the investigation on a weekly basisD DeterminationsThe Executive Director or designee will make a determination based upon all of the facts and circumstances If after investigation bullying or retaliation is substantiated the Executive Director or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities We also understand that Aspergers Disorder Pervasive Developmental Disorder and Attention DeficitHyperactivity Disorder commonly manifest with difficulty in understanding the subtleties of pragmatic language during social encounters a misinterpretation of others perspectives and impulsive behavioral responses Therefore Summit Administration and BehaviorClinical staff will carefully assess all situations during which students engage in bullying or retaliatory behavior with particular regard to previous engagement in similar behavior their level of pragmatic understanding and socialemotional status Disciplinary action must remain situation and student-specific given the nature of the populations of students we serve at Summit AcademyThe Executive Director or designee will1) Determine what remedial action is required if any2) Determine what responsive actions andor disciplinary action is necessaryDepending upon the circumstances the Executive Director or designee may choose to consult with the studentsrsquo teacher(s) andor school clinicians BCBA and the targetrsquos or aggressorrsquos parents or guardians to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills developmentThe Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation and if bullying or retaliation is found what action is being taken to prevent further acts of bullying or retaliation All notice to parents must comply with applicable state and federal privacy laws and

regulations Because of the legal requirements regarding the confidentiality of student records the Executive Director or designee cannot report specific information to the targetrsquos parent or guardian about the disciplinary action taken unless it involves a ldquostay awayrdquo order or other directive that the target must be aware of in order to report violations

The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination

E Responses to Bullying1 Teaching Appropriate Behavior Through Skills-buildingUpon the Executive Director or designee determining that bullying or retaliation has occurred the law requires that the school uses a range of responses that balance the need for accountability with the need to teach appropriate behavior MGL c 71 sect 37O(d)(v)Summit Academy will continue to teach and provide the following Offering individualized skill-building sessions based on the schoolrsquos anti-bullying curricula Providing relevant educational activities for individual students or groups of students in consultation with BCBA and other appropriate school personnel implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home adopting behavioral plans to include a focus on developing specific social skills 2 Taking Disciplinary ActionIf the Executive Director or designee decides that disciplinary action is appropriate the disciplinary action will be determined on the basis of facts found by the Executive Director or designee including the nature of the conduct the age of the student(s) involved the understanding that each student at Summit Academy has an IEP and the need to balance accountability with the teaching of appropriate behavior Discipline will be consistent with the Plan and school policiesDiscipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA) which should be read in cooperation with state laws regarding student discipline As an approved 766 school for Special Education Summit Academy will notify the placing school district if a change of placement is being considered as a result of bullying or retaliation behavior The placing school district will be responsible for conducting a functional behavior assessment and other related IDEA discipline procedures

If the Executive Director or designee determines that a student knowingly made a false allegation of bullying or retaliation that student may be subject to disciplinary action3 Promoting Safety for the Target and OthersThe Executive Director or designee will consider what adjustments if any are needed in the school environment to enhance the targets sense of safety and that of others as well One strategy that the Executive Director or designee may use is to increase adult in locations where bullying is known to have occurred or is likely to occurWithin a reasonable period of time following the determination and the ordering of remedial andor disciplinary action the Executive Director or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed If so the Executive Director or designee will work with appropriate school staff to implement them immediately

VI COLLABORATION WITH FAMILIES

A Parent education and resources Summit Academy will provide opportunities for parental and community information sessions at least once per year in the school and with a goal of once per quarter The information for parentsguardians and community will coincide with the age-appropriate anti-bullying curricula that are being used in the school as well as the dynamics of bullying including cyber-bullying and online safety The Executive Director or designee is responsible for scheduling the sessions They will be scheduled and announced at the Know Your School conferences The educational component considers the overall factors of being a private special needs school

B Notification requirements At the beginning of the school year parents or guardians of enrolled students will be informed of the age-appropriate bully prevention curricula and Summitsrsquo Plan via the written informational packets in the student handbooks and on the web We will include information about the dynamics of bullying including cyber-bullying and online safety

VII PROHIBITION AGAINST BULLYING AND RETALIATION

Summit Academy prohibits all bullying cyber-bullying and resultingRetaliation(i) on school grounds and property immediately adjacent to school grounds at a school sponsored or school-related activity function or program whether on or off school grounds on a school bus or other vehicle owned leased or used by a school district or school or through the use of technology or an electronic device owned leased or used by the school and(ii) at a location activity function or program that is not school-related through the use of technology or an electronic device that is not owned leased or used by the school if the acts create a hostile environment at school for the target or witnesses infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a schoolRetaliation against a person who reports bullying provides information during an investigation of bullying or witnesses or has reliable information about bullying is also prohibited

18As stated in MGL c 71 sect 37O nothing in this Plan requires the school to staff any non-school related activities functions or programs

VIII Problem Resolution System

Chapter 86 of the Acts of 2014 amended Section 37O of chapter 71 of the General Laws to include (g) (v) The Plan shall inform parents or guardians of the target about the Departmentrsquos problem resolution system and the process for seeking assistance or filing a claim through the problem resolution system This information will be made available in both hard copy and electronic formats Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the school office

IX DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying cyberbullying orretaliation towards a student

Bullying as defined in MGL c 71 sect 37O is the repeated use by one or more students or a member of aschool staff of a written verbal or electronic expression or a physical act or gesture or any combination

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 8: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

with the requirements of 603 CMR 4900 and locally established agreements with the local law enforcement agency Also if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school the Executive Director or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressorIn making this determination the Executive Director or designee will consistent with the Plan and with applicable school or district policies and procedures consult with any individuals the Executive Director or designee deems appropriateC InvestigationThe Executive Director or designee will promptly investigate all reports of bullying or retaliation and in doing so will consider all available information known including the nature of the allegation(s) and the ages of the students involved

During the investigation the Executive Director or designee will among other things interview students staff witnesses parents or guardians and others as necessary The Executive Director or designee (or whoever is conducting the investigation) will remind the alleged aggressor target and witnesses that retaliation is strictly prohibited and will result in disciplinary actionInterviews may be conducted by the Executive Director or designee other staff members as determined by the Executive Director or designee and in consultation with the school BCBA andor clinician as appropriate To the extent practicable and given his or her obligation to investigate and address the matter the Executive Director or designee will maintain confidentiality during the investigative process The Executive Director or designee will maintain a written record of the investigationThe investigation shall be completed within fourteen school days from the date of thereport The parents or guardians shall be contacted upon completion of the investigation and informed of the results including whether the allegations were found to be factual whether a violation of this policy was found and whether disciplinary action has or shall be takenAt a minimum the Executive Director or designee shall contact the parents or guardians as to the status of the investigation on a weekly basisD DeterminationsThe Executive Director or designee will make a determination based upon all of the facts and circumstances If after investigation bullying or retaliation is substantiated the Executive Director or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities We also understand that Aspergers Disorder Pervasive Developmental Disorder and Attention DeficitHyperactivity Disorder commonly manifest with difficulty in understanding the subtleties of pragmatic language during social encounters a misinterpretation of others perspectives and impulsive behavioral responses Therefore Summit Administration and BehaviorClinical staff will carefully assess all situations during which students engage in bullying or retaliatory behavior with particular regard to previous engagement in similar behavior their level of pragmatic understanding and socialemotional status Disciplinary action must remain situation and student-specific given the nature of the populations of students we serve at Summit AcademyThe Executive Director or designee will1) Determine what remedial action is required if any2) Determine what responsive actions andor disciplinary action is necessaryDepending upon the circumstances the Executive Director or designee may choose to consult with the studentsrsquo teacher(s) andor school clinicians BCBA and the targetrsquos or aggressorrsquos parents or guardians to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills developmentThe Executive Director or designee will promptly notify the parents or guardians of the target and the aggressor about the results of the investigation and if bullying or retaliation is found what action is being taken to prevent further acts of bullying or retaliation All notice to parents must comply with applicable state and federal privacy laws and

regulations Because of the legal requirements regarding the confidentiality of student records the Executive Director or designee cannot report specific information to the targetrsquos parent or guardian about the disciplinary action taken unless it involves a ldquostay awayrdquo order or other directive that the target must be aware of in order to report violations

The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination

E Responses to Bullying1 Teaching Appropriate Behavior Through Skills-buildingUpon the Executive Director or designee determining that bullying or retaliation has occurred the law requires that the school uses a range of responses that balance the need for accountability with the need to teach appropriate behavior MGL c 71 sect 37O(d)(v)Summit Academy will continue to teach and provide the following Offering individualized skill-building sessions based on the schoolrsquos anti-bullying curricula Providing relevant educational activities for individual students or groups of students in consultation with BCBA and other appropriate school personnel implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home adopting behavioral plans to include a focus on developing specific social skills 2 Taking Disciplinary ActionIf the Executive Director or designee decides that disciplinary action is appropriate the disciplinary action will be determined on the basis of facts found by the Executive Director or designee including the nature of the conduct the age of the student(s) involved the understanding that each student at Summit Academy has an IEP and the need to balance accountability with the teaching of appropriate behavior Discipline will be consistent with the Plan and school policiesDiscipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA) which should be read in cooperation with state laws regarding student discipline As an approved 766 school for Special Education Summit Academy will notify the placing school district if a change of placement is being considered as a result of bullying or retaliation behavior The placing school district will be responsible for conducting a functional behavior assessment and other related IDEA discipline procedures

If the Executive Director or designee determines that a student knowingly made a false allegation of bullying or retaliation that student may be subject to disciplinary action3 Promoting Safety for the Target and OthersThe Executive Director or designee will consider what adjustments if any are needed in the school environment to enhance the targets sense of safety and that of others as well One strategy that the Executive Director or designee may use is to increase adult in locations where bullying is known to have occurred or is likely to occurWithin a reasonable period of time following the determination and the ordering of remedial andor disciplinary action the Executive Director or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed If so the Executive Director or designee will work with appropriate school staff to implement them immediately

VI COLLABORATION WITH FAMILIES

A Parent education and resources Summit Academy will provide opportunities for parental and community information sessions at least once per year in the school and with a goal of once per quarter The information for parentsguardians and community will coincide with the age-appropriate anti-bullying curricula that are being used in the school as well as the dynamics of bullying including cyber-bullying and online safety The Executive Director or designee is responsible for scheduling the sessions They will be scheduled and announced at the Know Your School conferences The educational component considers the overall factors of being a private special needs school

B Notification requirements At the beginning of the school year parents or guardians of enrolled students will be informed of the age-appropriate bully prevention curricula and Summitsrsquo Plan via the written informational packets in the student handbooks and on the web We will include information about the dynamics of bullying including cyber-bullying and online safety

VII PROHIBITION AGAINST BULLYING AND RETALIATION

Summit Academy prohibits all bullying cyber-bullying and resultingRetaliation(i) on school grounds and property immediately adjacent to school grounds at a school sponsored or school-related activity function or program whether on or off school grounds on a school bus or other vehicle owned leased or used by a school district or school or through the use of technology or an electronic device owned leased or used by the school and(ii) at a location activity function or program that is not school-related through the use of technology or an electronic device that is not owned leased or used by the school if the acts create a hostile environment at school for the target or witnesses infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a schoolRetaliation against a person who reports bullying provides information during an investigation of bullying or witnesses or has reliable information about bullying is also prohibited

18As stated in MGL c 71 sect 37O nothing in this Plan requires the school to staff any non-school related activities functions or programs

VIII Problem Resolution System

Chapter 86 of the Acts of 2014 amended Section 37O of chapter 71 of the General Laws to include (g) (v) The Plan shall inform parents or guardians of the target about the Departmentrsquos problem resolution system and the process for seeking assistance or filing a claim through the problem resolution system This information will be made available in both hard copy and electronic formats Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the school office

IX DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying cyberbullying orretaliation towards a student

Bullying as defined in MGL c 71 sect 37O is the repeated use by one or more students or a member of aschool staff of a written verbal or electronic expression or a physical act or gesture or any combination

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 9: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

regulations Because of the legal requirements regarding the confidentiality of student records the Executive Director or designee cannot report specific information to the targetrsquos parent or guardian about the disciplinary action taken unless it involves a ldquostay awayrdquo order or other directive that the target must be aware of in order to report violations

The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination

E Responses to Bullying1 Teaching Appropriate Behavior Through Skills-buildingUpon the Executive Director or designee determining that bullying or retaliation has occurred the law requires that the school uses a range of responses that balance the need for accountability with the need to teach appropriate behavior MGL c 71 sect 37O(d)(v)Summit Academy will continue to teach and provide the following Offering individualized skill-building sessions based on the schoolrsquos anti-bullying curricula Providing relevant educational activities for individual students or groups of students in consultation with BCBA and other appropriate school personnel implementing a range of academic and nonacademic positive behavioral supports to help students understand pro-social ways to achieve their goals meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home adopting behavioral plans to include a focus on developing specific social skills 2 Taking Disciplinary ActionIf the Executive Director or designee decides that disciplinary action is appropriate the disciplinary action will be determined on the basis of facts found by the Executive Director or designee including the nature of the conduct the age of the student(s) involved the understanding that each student at Summit Academy has an IEP and the need to balance accountability with the teaching of appropriate behavior Discipline will be consistent with the Plan and school policiesDiscipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA) which should be read in cooperation with state laws regarding student discipline As an approved 766 school for Special Education Summit Academy will notify the placing school district if a change of placement is being considered as a result of bullying or retaliation behavior The placing school district will be responsible for conducting a functional behavior assessment and other related IDEA discipline procedures

If the Executive Director or designee determines that a student knowingly made a false allegation of bullying or retaliation that student may be subject to disciplinary action3 Promoting Safety for the Target and OthersThe Executive Director or designee will consider what adjustments if any are needed in the school environment to enhance the targets sense of safety and that of others as well One strategy that the Executive Director or designee may use is to increase adult in locations where bullying is known to have occurred or is likely to occurWithin a reasonable period of time following the determination and the ordering of remedial andor disciplinary action the Executive Director or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed If so the Executive Director or designee will work with appropriate school staff to implement them immediately

VI COLLABORATION WITH FAMILIES

A Parent education and resources Summit Academy will provide opportunities for parental and community information sessions at least once per year in the school and with a goal of once per quarter The information for parentsguardians and community will coincide with the age-appropriate anti-bullying curricula that are being used in the school as well as the dynamics of bullying including cyber-bullying and online safety The Executive Director or designee is responsible for scheduling the sessions They will be scheduled and announced at the Know Your School conferences The educational component considers the overall factors of being a private special needs school

B Notification requirements At the beginning of the school year parents or guardians of enrolled students will be informed of the age-appropriate bully prevention curricula and Summitsrsquo Plan via the written informational packets in the student handbooks and on the web We will include information about the dynamics of bullying including cyber-bullying and online safety

VII PROHIBITION AGAINST BULLYING AND RETALIATION

Summit Academy prohibits all bullying cyber-bullying and resultingRetaliation(i) on school grounds and property immediately adjacent to school grounds at a school sponsored or school-related activity function or program whether on or off school grounds on a school bus or other vehicle owned leased or used by a school district or school or through the use of technology or an electronic device owned leased or used by the school and(ii) at a location activity function or program that is not school-related through the use of technology or an electronic device that is not owned leased or used by the school if the acts create a hostile environment at school for the target or witnesses infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a schoolRetaliation against a person who reports bullying provides information during an investigation of bullying or witnesses or has reliable information about bullying is also prohibited

18As stated in MGL c 71 sect 37O nothing in this Plan requires the school to staff any non-school related activities functions or programs

VIII Problem Resolution System

Chapter 86 of the Acts of 2014 amended Section 37O of chapter 71 of the General Laws to include (g) (v) The Plan shall inform parents or guardians of the target about the Departmentrsquos problem resolution system and the process for seeking assistance or filing a claim through the problem resolution system This information will be made available in both hard copy and electronic formats Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the school office

IX DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying cyberbullying orretaliation towards a student

Bullying as defined in MGL c 71 sect 37O is the repeated use by one or more students or a member of aschool staff of a written verbal or electronic expression or a physical act or gesture or any combination

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 10: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

A Parent education and resources Summit Academy will provide opportunities for parental and community information sessions at least once per year in the school and with a goal of once per quarter The information for parentsguardians and community will coincide with the age-appropriate anti-bullying curricula that are being used in the school as well as the dynamics of bullying including cyber-bullying and online safety The Executive Director or designee is responsible for scheduling the sessions They will be scheduled and announced at the Know Your School conferences The educational component considers the overall factors of being a private special needs school

B Notification requirements At the beginning of the school year parents or guardians of enrolled students will be informed of the age-appropriate bully prevention curricula and Summitsrsquo Plan via the written informational packets in the student handbooks and on the web We will include information about the dynamics of bullying including cyber-bullying and online safety

VII PROHIBITION AGAINST BULLYING AND RETALIATION

Summit Academy prohibits all bullying cyber-bullying and resultingRetaliation(i) on school grounds and property immediately adjacent to school grounds at a school sponsored or school-related activity function or program whether on or off school grounds on a school bus or other vehicle owned leased or used by a school district or school or through the use of technology or an electronic device owned leased or used by the school and(ii) at a location activity function or program that is not school-related through the use of technology or an electronic device that is not owned leased or used by the school if the acts create a hostile environment at school for the target or witnesses infringe on their rights at school or materially and substantially disrupt the education process or the orderly operation of a schoolRetaliation against a person who reports bullying provides information during an investigation of bullying or witnesses or has reliable information about bullying is also prohibited

18As stated in MGL c 71 sect 37O nothing in this Plan requires the school to staff any non-school related activities functions or programs

VIII Problem Resolution System

Chapter 86 of the Acts of 2014 amended Section 37O of chapter 71 of the General Laws to include (g) (v) The Plan shall inform parents or guardians of the target about the Departmentrsquos problem resolution system and the process for seeking assistance or filing a claim through the problem resolution system This information will be made available in both hard copy and electronic formats Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the school office

IX DEFINITIONS

Aggressor is a student or a member of a school staff who engages in bullying cyberbullying orretaliation towards a student

Bullying as defined in MGL c 71 sect 37O is the repeated use by one or more students or a member of aschool staff of a written verbal or electronic expression or a physical act or gesture or any combination

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 11: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

thereof directed at a target thati causes physical or emotional harm to the target or damage to the targetrsquos propertyii places the target in reasonable fear of harm to himself or herself or of damage to his or herpropertyiii creates a hostile environment at school for the targetiv infringes on the rights of the target at school orv materially and substantially disrupts the education process or the orderly operation of a schoolCyberbullying is bullying through the use of technology or electronic devices such as telephones cellphones computers and the Internet It includes but is not limited to email instant messages textmessages and Internet postings See MGL c 71 sect 37O for the legal definition of cyberbullyingHostile environment as defined in MGL c 71 sect 37O is a situation in which bullying causes the schoolenvironment to be permeated with intimidation ridicule or insult that is sufficiently severe or pervasiveto alter the conditions of a studentrsquos educationRetaliation is any form of intimidation reprisal or harassment directed against a student who reportsbullying provides information during an investigation of bullying or witnesses or has reliableinformation about bullyingSchool Staff includes but is not limited to educators administrators counselors school nursescafeteria workers custodians bus drivers athletic coaches advisors to extracurricular activities supportstaff or paraprofessionalsTarget is a student against whom bullying cyberbullying or retaliation has been perpetrated

Executive Director or designee is the administrative leader of Summit Academy or his or her designee for the purpose of investigating and responding to reports of bullying cyber-bullying or retaliation

X RELATIONSHIP TO OTHER LAWS

Consistent with state and federal laws and the policies of the school no person shall be discriminated against in admission or in obtaining the advantages privilege and courses of study of such private 766 special needs school on account of race color sex religion national origin or sexual orientation Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a personrsquos membership in a legally protected category under local state or federal law or school or school policiesIn addition nothing in the Plan is intended to limit the authority of the school to take disciplinary action or other action under MGL c 71 sectsect 37H or 37Hfrac12 other applicable laws or policies in response to violent harmful or disruptive behavior regardless of whether the Plan covers the behavior

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 12: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

Summit Academy

BULLYING HARASSMENT PROCEDURAL REPORT INSTRUCTIONS

1 Any individual who believes that he or she has been subjected to or has witnessed student-to-student bullying will report the incident(s) to the Executive Director or designeea Staff members other than the Executive Director or designee who take incident reports must also complete steps 1-7 of the Bullying Harassment Procedural Reportb For cases involving multiple aggressors the Executive Director or designee or staff member needs to complete only part 6 for each aggressor and include each additional page with the original reportc Staff members who are not designated by the Executive Director or designee to continue the investigation beyond step 7 will make a copy of the report for their records prior to handing over the report to the Executive Director or designeed Upon receipt of the report the Executive Director or designee will file a report and note that the investigation will follow2 The Executive Director or designee will investigate the report and attempt to resolve the problem through the following processa The Executive Director or designee will warn all parties involved that any continuation or retaliation will result in disciplinary action including but not limited to suspensionb The Executive Director or designee will contact the targets parentguardian and the aggressors parentguardian to notify the parties that an investigation is underway and a warning issued to both parties regarding continuance or retaliationc BCBA and clinicians will be contacted as part of the investigation process due to students being special needs studentsd The Executive Director or designee will confer with the charging party in order to obtain a clear understanding of that partyrsquos statement of the facts and may interview any witnessese The Executive Director or designee will then attempt to meet with the charged party in order to obtain hisher response to the complaintf The Executive Director or designee will hold as many meetings with the parties as is necessary to obtain the factsg On the basis of the Executive Director or designeersquos investigation he or she mayi Attempt to resolve through reconciliation

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 13: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

ii Extend warning through specified dateiii Require students comply with a specific safety plan which may include but is not limited to mediation regular visits with the counselorclinicianbehavior specialist and restricted movement during the school dayiii Issue appropriate discipline including but not limited to suspensioniv In all cases the Executive Director or designee will communicate the findings of the investigation to the targets parentguardian aggressors parentguardian the building Principal or the sending school district (if not involved in the investigation) and Law Enforcement (where applicable)3 The parties to the extent permissible by law shall be informed of the disposition of the complaint All matters involving sexual harassment complaints will remain confidential to the extent possible4 The Bullying Harassment Procedural Report will be kept in the aggressors and targets file for a period of no less than one calendar year or until all matters regarding the case have been resolved whichever is greater

Summit Academy

BULLYINGHARASSMENT REPORT

1 Name of ReporterPerson Filing the Report __________________________________________________________(Note Reports may be made anonymously but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report)

2 Check whether you are the 1048710 Target of the behavior 1048710 Reporter (not the target)

3 Check whether you are a 1048710 Student 1048710 Staff member (specify role) ________________________1048710Parent 1048710 Administrator 1048710 Other (specify) _______________________

Your contact informationtelephone number_____________________________________________________________________________________________________________________________

4 If student state your school _____________________________________________Grade ______

5 If staff member state your school or work site _________________________________________

6 Information about the Incident

Name of Target(s) (of behavior) _____________________________________________________________________________________________________________________________________________

Name of Aggressor (Person who engaged in the behavior) _________________________________________________________________________________________________________________________

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 14: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

(Please note Complete one report for each aggressor)

Date(s) of Incident(s) ______________________________________________________________Time When Incident(s) Occurred _______________________________________________________Location of Incident(s) (Be as specific as possible) _______________________________________________________________________________________________________________________________

Provide a detailed description of the incident (including names of people involved what occurred and what each person did and said including specific words used) Attach additional information or documentation if necessary_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7 Witnesses (List people who saw the incident or have information about it)

Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________1048710 Student 1048710 Staff 1048710 Other ________________Name ________________________________________ 1048710 Student 1048710 Staff 1048710 Other ________________FOR ADMINISTRATIVE USE ONLY

8 Signature of Person Filing this Report ____________________________________ Date _______(Note Reports may be filed anonymously)

9 Form Given to ______________________________Position ____________________Date _____

Method of delivery1048710 In-hand 1048710 Secretary 1048710 Mailbox 1048710 Sent Electronically 1048710 Other ___________________________

Recipientrsquos Signature _______________________________________Date Received ____________Recipient must inform Executive Director or designee of this report upon receipt

II INVESTIGATION

1 Investigator(s) (Assigned by Executive Director or designee)____________________________________________________________________________________________________________________

Position(s)___________________________________________________________________________

2 Interviews

1048710 Interviewed aggressor Name ___________________________________________ Date ________1048710 Interviewed target Name ___________________________________ Date ___________________1048710 Interviewed witnesses Name ______________________________________________ Date ______

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 15: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

Name ___________________________________ Date ___________________

3 Any prior documented incidents by the aggressor 1048710 Yes 1048710 NoIf yes have incidents involved target or target group previously 1048710 Yes 1048710 NoAny previous findings of BULLYING andor RETALIATION 1048710 Yes 1048710 No

4 Any prior documented incidents involving the target 1048710 Yes 1048710 NoIf yes were previous incidents confirmed as BULLYING andor RETALIATION 1048710 Yes 1048710 No

5 Are the students involved in the incident designated as special needsa Target 1048710 Yes 1048710 Nob Aggressor 1048710 Yes 1048710 No

Summary of Investigation(Please use additional paper and attach to this document as needed)

III CONCLUSIONS FROM THE INVESTIGATION1 Finding of bullying or retaliation ____YES ____NO2 Classification of action taken ____BULLYING ____RETALIATION3 OTHER _______________________________________________________________

4 Contacts1048710 Targetrsquos parentguardian Date______________ 1048710 Aggressorrsquos parentguardian Date _________The principal or designee shall inform the parent or guardian of the target about the Department of Elementary and Secondary Educationrsquos problem resolution system and the process for accessing that system regardless of the outcome of the bullying determination Any parent wishing to file a claimconcern or seeking assistance outside of the district may do so with the Department of Elementary and Secondary Education Program Resolution System (PRS) That information can be found at httpwwwdoemassedupqa emails can be sent to compliancedoemassedu or individuals can call 781-338-3700 Hard copies of this information is also available at the Superintendentrsquos office

1048710 School staffposition Date ______________ 1048710 Law Enforcement Date ___________________4 Describe Safety Planning _____________________________________________________________________________

Follow-up with Target scheduled for ____________Initial and date when completed _________Follow-up with Aggressor scheduled for _________Initial and date when completed _________

1048710 Report forwarded to Principal or designee Date__________________

1048710 Report forwarded to Superintendent Date_________________(If Principal or designee was not the investigator)Signature and Title _____________________________________________________Date ________

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 16: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

Commonwealth of Massachusetts Anti-Hazing Law

Chapter 269 Section 17 Hazing organizing or participating hazing defined

Whoever is a principal organizer or participant in the crime of hazing as defined herein shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year or both such fine and imprisonment

The term ldquohazingrdquo as used in this section and in sections eighteen and nineteen shall mean any conduct or method of initiation into any student organization whether on public or private property which willfully or recklessly endangers the physical or mental health of any student or other person Such conduct shall include whipping beating branding forced calisthenics exposure to the weather forced consumption of any food liquor beverage drug or other substance or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person or which subjects such student or other person to extreme mental stress including extended deprivation of sleep or rest or extended isolation Notwithstanding any other provisions of this section to the contrary consent shall not be available as a defense to any prosecution under this action

Chapter 269 Section 18 Failure to report hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall to the extent that such person can do so without danger or peril to himself or others report such crime to an appropriate law enforcement official as soon as reasonably practicable Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report

Page 17: €¦  · Web viewD. Summit Academy is committed to providing all students with a safe learning environment that is free from bullying and cyber-bullying. This commitment is an integral

Chapter 269 Section 19 Copy of Secs 17 to 19 issuance to students and student groups teams and organizations report

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group student team or student organization a copy of this section and sections seventeen and eighteen provided however that an institutionrsquos compliance with this sectionrsquos requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups teams or organizations shall not constitute evidence of the institutionrsquos recognition or endorsement of said unaffiliated student groups teams or organizations

Each such group team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members plebes pledges or applicants for membership It shall be the duty of each such group team or organization acting through its designated officer to deliver annually to the institution an attested acknowledgement stating that such group team or organization has received a copy of this section and said sections seventeen and eighteen that each of its members plebes pledges or applicants has received a copy of sections seventeen and eighteen and that such group team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall at least annually before or at the start of enrollment deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen

Each institution of secondary education and each public or private institution of post secondary education shall file at least annually a report with the board of higher education and in the case of secondary institutions the board of education certifying that such institution has complied with its responsibility to inform student groups teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institutionrsquos policies to its students The board of higher education and in the case of secondary institutions the board of education shall promulgate regulations governing the content and frequency ofsuch reports and shall forthwith report to the attorney general any such institution which fails to make such report