TITLE 6 PRIMARY AND SECONDARY EDUCATION CHAPTER 12 PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY PART 7 BULLYING PREVENTION 6.12.7.1 ISSUING AGENCY: Public Education Department [6.12.7.1 NMAC - N, 11-30-06] 6.12.7.2 SCOPE: Local school boards and all public schools, including charter schools. [6.12.7.2 NMAC - N, 11-30-06; A, 05-15-14] 6.12.7.3 STATUTORY AUTHORITY: This regulation is adopted pursuant to Sections 22-2-1, 22-2-21 and 9-24-8 NMSA 1978. [6.12.7.3 NMAC - N, 11-30-06; A, 05-15-14] 6.12.7.4 DURATION: Permanent [6.12.7.4 NMAC - N, 11-30-06] 6.12.7.5 EFFECTIVE DATE: November 30, 2006, unless a later date is cited at the end of a section. [6.12.7.5 NMAC - N, 11-30-06] 6.12.7.6 OBJECTIVE: This rule establishes requirements for local school boards and public schools, including charter schools, to address bullying of students by adopting and implementing policies and prevention programs. [6.12.7.6 NMAC - N, 11-30-06; A, 05-15-14] 6.12.7.7 DEFINITIONS: A. Bullying means any repeated and pervasive written, verbal or electronic expression, physical act or gesture, or a pattern thereof, that is intended to cause distress upon one or more students in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the students race, color, sex, ethnicity, national origin, religion, disability, age or sexual orientation. B. Cyberbullying means electronic communication that: (1) targets a specific student; (2) is published with the intention that the communication be seen by or disclosed to the targeted student; (3) is in fact seen by or disclosed to the targeted student; and (4) creates or is certain to create a hostile environment on the school campus that is so severe or pervasive as to substantially interfere with the targeted student's educational benefits, opportunities or performance.

C. Department means the public education department. D. Harassment means knowingly pursuing a pattern of conduct that is intended to annoy, alarm or terrorize another person. E. IDEA means the federal Individuals with Disabilities Education Act, 20 USC Secs. 1401 and following, including future amendments. F. Local school board means the governing body of a school district. G. Public school means a school as defined by Section 22-1-2 NMSA 1978, including charter schools. [6.12.7.7 NMAC - N, 11-30-06; A, 05-15-14] 6.12.7.8 REQUIREMENTS: A. This section governs policies and programs to be adopted and implemented by local school boards addressing bullying and cyberbullying. Cyberbullying policies and programs must be in effect beginning with the 2013-2014 school year. B. Each local school board shall develop and implement a policy that addresses and cyberbullying. Each local school board shall make any necessary revisions to its disciplinary policies to ensure that cyberbullying is addressed in accordance with the requirements of this rule. C. The anti-bullying policy shall at least include, but shall not be limited to: (1) definitions; (2) an absolute prohibition against bullying and cyberbullying; (3) a method to ensure initial and annual dissemination of the anti-bullying and anti-cyberbullying policy to all students, parents, teachers, administrators and all other school or district employees; (4) procedures for reporting incidents of bullying and cyberbullying which ensure confidentiality to those reporting bullying or cyberbullying incidents and protection from reprisal, retaliation or false accusation against victims, witnesses or others with information regarding a bullying or cyberbullying incident; (5) consequences for bullying and cyberbullying which include consideration of compliance with state and federal IDEA requirements; (6) consequences for knowingly making false reports pursuant to the anti-bullying policy; (7) procedures for investigation by administration of incidents reported pursuant to the anti-bullying policy; (8) a requirement that teachers and other school staff report any incidents of bullying and cyberbullying; and (9) a requirement that anti-bullying is included as part of the health education curriculum as set forth in 6.30.2.19 NMAC (content standards - health education). D. The cyberbullying prevention policy shall require that:

(1) all licensed school employees complete training on how to recognize signs of cyberbullying; (2) any licensed school employee who has information about or a reasonable suspicion of cyberbullying shall report the matter immediately to either or both the school principal and the local superintendent or to the head administrator of a charter school; (3) any school administrator or local superintendent who receives a report of cyberbullying take immediate steps to ensure prompt investigation of the report; and (4) school administrators take prompt disciplinary action in response to cyberbullying confirmed through investigation; disciplinary action taken pursuant to this subsection must be by the least restrictive means necessary to address a hostile environment on the school campus resulting from the confirmed cyberbullying and may include counseling, mediation and appropriate disciplinary action that is consistent with the legal rights of the involved students. E. Every public school shall implement a bullying and cyberbullying prevention program. F. Every local school board shall submit to the department, as directed by the department, assurances of: (1) adoption and implementation of a policy addressing bullying and cyberbullying; and (2) review and, if necessary, revision of disciplinary polices to ensure that the policies address cyberbullying; and (3) implementation of cyberbullying training for all licensed school employees. G. Every local school board and every charter school shall submit to the department, as directed by the department, assurances of implementation of bullying and cyberbullying prevention programs. [6.12.7.8 NMAC - N, 11-30-06; A, 05-15-14] History of 6.12.7 NMAC: [Reserved]

Aztec Municipal School District board policy

J-2550 JICD STUDENT HARASSMENT / BULLYING / CYBERBULLYING PREVENTION Cyberbullying, as defined below, is prohibited when such bullying creates or is certain to create a hostile environment on the school campus that is so severe or pervasive as to substantially interfere with the targeted student's educational benefits, opportunities, or performance. Bullying and harassment is prohibited in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Anti-bullying shall be included as a part of the health education curriculum as set forth in 6.29.6.8 NMAC. Definitions "Harassment" means knowingly pursuing a pattern of conduct that is intended to annoy, alarm or terrorize another person. "Bullying" by another student means any repeated and pervasive written, verbal or electronic expression, physical act or gesture, or a pattern thereof, that is intended to cause distress upon one (1) or more students in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the student's race, color, sex, ethnicity, national origin, religion, disability, age or sexual orientation. "Cyberbullying" means electronic communication that: targets a specific student;. is published with the intention that the communication be seen by or disclosed to the targeted student; is in fact seen by or disclosed to the targeted student; and creates or is certain to create a hostile environment on the school campus that is so severe or pervasive as to substantially interfere with the targeted student's educational benefits, opportunities or performance.

Licensed school employees shall complete training on how to recognize signs that a person is being harassed, bullied or cyberbullied and shall be responsible for reading and understanding this policy. A licensed school employee who has information about or a reasonable suspicion that a person is being harassed, bullied or cyberbullied shall report immediately to the school principal, an administrator, the superintendent or any of these school officers. Any school administrator who receives a report of harassment, bullying, or cyberbullying shall take immediate steps to ensure a prompt investigation of the report and shall take prompt disciplinary action in response to these acts upon confirmation of the occurrence through such investigation. Such action may include the least restrictive means necessary to address a hostile environment on the school campus resulting from confirmed harassment, bullying or cyberbullying that include; counseling, mediation, discipline up to expulsion, in addition to other civil and criminal prosecution. These punishments may be in addition to any customary discipline that the District presently dispenses. Where disciplinary action is necessary, District policies and regulations pertaining to permissible penalties and procedures shall be followed as in policy. Adopted: August 15, 2013 LEGAL REF.: 22-2-21 NMSA 28-1-2 NMSA et seq. 6.12.7.8 NMAC 6.29.6.8 NMAC CROSS REF.: AC - Nondiscrimination/Equal Opportunity ACA - Sexual Harassment JB - Equal Educational Opportunities JIC - Student Conduct JII - Student Concerns, Complaints, and Grievances JK - Student Discipline JKD - Student Suspension/Expulsion KE - Public Concerns and Complaints

Bloomfield School District Board Policy J-2550 JICD STUDENT HARASSMENT / BULLYING / CYBERBULLYING PREVENTION Cyberbullying, as defined below, is prohibited when such bullying creates or is certain to create a hostile environment on the school campus that is so severe or pervasive as to substantially interfere with the targeted student's educational benefits, opportunities, or performance. Bullying and harassment is prohibited in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Anti-bullying shall be included as a part of the health education curriculum as set forth in 6.29.6.8 NMAC. Definitions "Harassment" means knowingly pursuing a pattern of conduct that is intended to annoy, alarm or terrorize another person. "Bullying" by another student means any repeated and pervasive written, verbal or electronic expression, physical act or gesture, or a pattern thereof, that is intended to cause distress upon one (1) or more students in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the student's race, color, sex, ethnicity, national origin, religion, disability, age or sexual orientation. "Cyberbullying" means electronic communication that: targets a specific student;. is published with the intention that the communication be seen by or

disclosed to the targeted student; is in fact seen by or disclosed to the targeted student; and creates or is certain to create a hostile environment on the school campus that is so severe or pervasive as to substantially interfere with the targeted student's educational benefits, opportunities or performance.

Licensed school employees shall complete training on how to recognize signs that a person is being harassed, bullied or cyberbullied and shall be responsible for reading and understanding this policy. A licensed school employee who has information about or a reasonable suspicion that a person is being harassed, bullied or cyberbullied shall report immediately to the school principal, an administrator, the superintendent or any of these school officers. Any school administrator who receives a report of harassment, bullying, or cyberbullying shall take immediate steps to ensure a prompt investigation of the report and shall take prompt disciplinary action in response to these acts upon confirmation of the occurrence through such investigation. Such action may include the least restrictive means necessary to address a hostile environment on the school campus resulting from confirmed harassment, bullying or cyberbullying that include; counseling, mediation, discipline up to expulsion, in addition to other civil and criminal prosecution. These punishments may be in addition to any customary discipline that the District presently dispenses. Where disciplinary action is necessary, District policies and regulations pertaining to permissible penalties and procedures shall be followed as in policy. Adopted: August 13, 2013 LEGAL REF.: 22-2-21 NMSA 28-1-2 NMSA et seq. 6.12.7.8 NMAC 6.29.6.8 NMAC CROSS REF.: AC - Nondiscrimination/Equal Opportunity ACA - Sexual Harassment JB - Equal Educational Opportunities JIC - Student Conduct JII - Student Concerns, Complaints, and Grievances JK - Student Discipline JKD - Student Suspension/Expulsion KE - Public Concerns and Complaints

Central Consolidated School District Board Policy J-4300 - Bullying Prevention: Procedure Bullying is prohibited in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Anti-bullying shall be included as a part of the health education curriculum as set forth in 6.30.2.19 NMAC. Bullying by another student means any repeated and pervasive written, verbal or electronic expression, physical act or gesture, or a pattern thereof, that is intended to cause distress upon one (1) or more students in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the student's race, color, sex, ethnicity, national origin, religion, disability, age or sexual orientation. The accusation must be made within thirty (30) calendar days of the time the student knew or should have known that there were grounds for the complaint/grievance. The complaint/grievance shall be made only to an administrator or other professional staff member. That person shall elicit from the student the particulars determined by the Superintendent to be necessary for the complaint/grievance to be investigated. When the initial allegation is submitted in a manner other than on the prescribed form, the particulars of the complaint/grievance must be written on the form as immediately as possible after receipt of the complaint/grievance. The professional staff member may assist the student in completing the complaint/grievance form. The student should sign and date the form; however, unsigned forms are to be processed in the same manner as a signed form. A professional staff member or support staff member shall report behavior that falls within this policy, on the forms provided, upon becoming aware of such behavior. When the professional staff member is other than the school administrator, it shall be the responsibility of the staff member to inform a school administrator as soon as feasible, but not later than the next school day following the day that the staff member receives the complaint/grievance. If the school administrator is included in the allegation, the complaint/grievance shall be transmitted to the next higher administrative supervisor. A failure by the professional staff member to timely inform the school administrator or next higher

administrative supervisor of the allegation may subject the staff member to disciplinary action. The professional staff member shall preserve the confidentiality of the subject, disclosing it only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law. Students should file complaints on their own behalf. A parent or guardian may initiate the complaint process on behalf of an elementary school student. A complaint/grievance may be withdrawn at any time. Once withdrawn, the process cannot be reopened if the resubmission is longer than thirty (30) calendar days from the date of the occurrence of the alleged incident. False or unproven complaint documentation about harassment, intimidation, or bullying shall not be maintained. 76 J - 4310 Cyberbullying Prevention: Procedure In compliance with state law, the superintendent, or his/her designee, shall implement procedures to prevent cyberbullying. Prevention of cyberbullying shall include: Training for all licensed school employees on how to recognize signs that a person is being cyberbullied; Immediate reporting to the school principal or superintendent or his/her designee when there is reasonable suspicion that a person is being cyberbullied; Immediate steps to investigate the report; and Prompt corrective action in response to the cyberbullying.

Farmington Municipal School District Board Policy 2.30 VIOLENCE, BULLYING, HAZING, INTIMIDATION, HOSTILE AND OFFENSIVE CONDUCT The effective education of our students requires a school environment in which students feel safe and secure. The Board of Education is committed to maintaining an environment conducive to learning in which students are safe from violence, threats, name-calling, intimidation, and unlawful harassment. 2.30.1 Definitions A. Unlawful harassment means verbal, physical, written or electronically transmitted conduct based on a students actual or perceived race, color, national origin, gender, sexual orientation, religion, or disability and which has the purpose or effect of substantially interfering with a students educational performance or creating an intimidating, hostile or offensive environment. Sexual harassment of students is further addressed by a separate policy of the Board. See Policy No. 2.35. B. Bullying means intimidating non-verbal,verbal, or physical conduct toward another student when such conduct is habitual or recurring. (NMAC 6.12.7.7A -"Bullying means any repeated and pervasive written, verbal or electronic expression (Cyberbullying), physical act or gesture, or a pattern thereof, that is intended to cause distress upon one or more students in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the student's race, color, sex, ethnicity, national origin, religion, age or sexual orientation.") C. "Sexting" is the act of using a cellular phone, computer or other electronic device to send or forward sexually explicit, nude, or partially nude photographs or images. Sexting contributes to a climate of student behavior that is disrespectful, socially unacceptable and not conducive to the educational process. Maintaining high standards for student behavior is best achieved through cooperation among students, parents/legal guardians, staff, and community members. The act of sexting is prohibited and will not be tolerated. Any incidents/reports of sexting will be enforced/investigated using existing discipline policies and procedures in school handbooks. D. Name-calling means the chronic, habitual, or recurring use of names or comments to or about a student regarding the students actual or perceived physical or personal characteristics when the student has indicated by his or her

conduct, that the names or comments are unwelcome, or when the names or comments, by their nature, are clearly unwelcome, inappropriate, or offensive. E. Hazing includes, but is not limited to, 1. engaging in any offensive physical contact or restraint of a student, or 2. requiring or encouraging a student to perform any dangerous, painful, offensive, or demeaning physical or verbal act for any purpose, including the ingestion of any substances, exposure to the elements, deprivation of sleep or rest, or extensive isolation, or 3. subjecting a student to any dangerous, painful, offensive, or demeaning conduct, or to conduct likely to create extreme mental distress, for any purpose, including as a condition of membership or initiation into any class, team, group, or organization, sponsored by, or permitted to operate under the auspices of a school of the District. Such contact, restraint, requirement, or encouragement shall not be considered hazing when it is an officially recognized part of the particular sport or activity of the class, team, group or organization. 2.30.2 Prohibitions A. It is the policy of the Board of Education to prohibit violence, threats, name-calling, bullying, intimidation, assault, battery, extortion, robbery, vandalism, and other victim-based misconduct that creates an intimidating, hostile or offensive environment, regardless of motive or reason. The Board will not tolerate such victim-based misconduct by students or staff. B. Hazing is prohibited in all schools of the District, whether on or off school property, and whether during or outside school hours. C. It is the express policy of the Board to encourage students who are victims of such physical or verbal misconduct to report such claims. Students or their parents may report such conduct to any principal, assistant principal, or counselor. D. It is the intent of the District to: take immediate steps to investigate the allegations take prompt and effective steps aimed at ending the harassment, eliminating any hostile environment, and preventing future harassment a. separating the harasser and the harassed student, without penalizing the harassed student

b. take disciplinary action against the harasser c. educate and train the perpetrators of harassment as well as the larger school community, including staff and other students provide remediation services to the harassed student (may include counseling and educational services as provided through the District) disseminate and, if necessary, revise Policies and Procedures to ensure staff, students, and parents are able to report harassment take steps to stop further harassment and prevent retaliation against anyone who reports harassment 2.30.3 Enforcement 1. School employees, and volunteers a. shall not permit or tolerate bullying, hazing, violence, intimidation, hostile or offensive conduct b. shall intervene to stop any of the above mentioned activities that are threatened, found, or reasonably known to be occurring (i) at school or (ii) at, or in connection with, any school-sponsored activity, and c. shall report known or suspected activities to the school principal or the superintendent. 2. Any student who believes he or she has been the victim of these prohibited actions shall report the matter to the school principal, assistant principal or the superintendent. 3. Any principal that receives a report of such activities under this section shall provide written notice to the Superintendent, setting forth the report and the principals proposed plan for investigation. 2.30.4 Investigation 1. All reports of such violations shall be investigated by the school principal or his/her designee. Where violations of criminal law may have occurred, the principal shall notify the appropriate law enforcement agency. 2. Upon completion of the investigation, the principal shall submit a written report on the investigation and its results to the superintendent. 2.30.5 Discipline 1. Students found to have engaged in such activities shall be subject to discipline by school or district authorities according to applicable procedural

requirements. Such discipline may include but not be limited to referral to Student Assistance Program, suspension or expulsion. 2. Employees who fail to enforce the prohibition against such activities shall be subject to discipline according to applicable procedural requirements. Such discipline may include, reprimand, suspension, discharge or termination. 2.30.6 CYBERBULLYING PREVENTION (addendum to current policy) In compliance with state law, the superintendent or his/her designee, shall implement administrative procedural directive(s) to prevent cyber-bullying. Prevention shall include: Training for all school employees on how to recognize signs that a person is being cyber-bullied; Immediate reporting to the school principal/supervisor or superintendent or his/her designee when there is reasonable suspicion that a person is being cyber-bullied; Immediate steps to investigate the report; and Prompt corrective action in response to the cyber-bullying. PROCEDURAL DIRECTIVE ON BULLYING AND CYBERBULLYING PREVENTION The purpose of this procedural directive is to foster a safe, respectful and fear-free environment for all members of the school community, minimize the incidents of bullying at schools and implement a process for schools to follow if bullying occurs. Farmington Municipal Schools shall treat instances of bullying and cyber bullying equally in terms of prevention, intervention and discipline. The term bullying shall encompass the activity of cyber bullying. It is expected that all members of the school community experience a positive school atmosphere where all individuals are honored and respected. It is the responsibility of every stakeholder to conduct him or herself in a manner that promotes and supports this commitment. For purposes of procedural directive, bullying is a way of using power aggressively in which a person is subjected to intentional, unwanted and unprovoked hurtful verbal and/or physical actions. An act of bullying results in the targeted student feeling oppressed, fearful, distressed, injured or uncomfortable. The aggression is repeated on more than one occasion and can include: physical, verbal, emotional, racial, sexual, written, electronic, damage to property, social exclusion, land intimidation. Bullying may be motivated by actual or perceived characteristics such as race, color, religion, ancestry, national

origin, gender, sexual orientation or identity, mental, physical or academic disability. Bullying often takes place in a social context. Cyber bullying is a form of bullying. For the purposes of this procedural directive, cyber bullying electronic communication that: Targets a specific student with intent to harm; Is published with the intention that the communication be seen or disclosed to the targeted student. Is in fact seen or disclosed to the targeted student; and Creates or is certain to create a hostile environment on the school campus that is so severe or pervasive as to substantially interfere with the targeted students educational benefits, opportunities of performance. For purposes of this procedural directive, members of the school community include students, employees, parents/legal guardians, school partners and visitors. PROHIBITION Farmington Municipal Schools strictly prohibits bullying by all members of the school community. Farmington Municipal Schools strictly prohibits bullying by students whether on or off campus. Those who encourage bullying may be subject to corrective action. Any Farmington Municipal School employee shall not tolerate bullying incidents. Farmington Municipal Schools prohibits reprisal or retaliation against any person who reports an act of bullying. Farmington Municipal Schools shall consider bullying, or behavior that displays the characteristics of bullying, which occurs in a digital or cyber environment the same as bullying occurring in a traditional or physical environment. Farmington Municipal Schools therefore prohibits bullying in a digital or cyber environment by all members of the school community with the use of district technology or personal electronic devices whether on or off campus. Corrective action may be taken if the act of bullying leads to the disruption of a safe, respectful and fear-free environment for another member of the school community.