Category
Bullying Policy—Reporting and Investigations
Category
Bullying Policy—Reporting and Investigations
State law addresses reporting and investigations.
New Mexico Administrative Code 6.12.7.8 Bullying Prevention Policies - Adoption and Enforcement
B. Each local school board and governing body shall control the content of its policy, provided that the policy includes:
- (5) a procedure for reporting bullying and for reporting retaliation for reporting an act of bullying, including:
- (a) an allowance for reporting orally and in the preferred language of the person reporting;
- (b) a method for anonymous reporting; provided that no formal disciplinary measures shall be taken solely on the basis of an anonymous report of an actual bullying incident; and
- (c) a method for parents to file written reports of suspected bullying; and
- (6) a procedure for prompt investigation of reports of violations of the bullying prevention policy and of complaints of bullying or retaliation, including:
- (a) designation of a school or district administrator who has the responsibility to:
- (i) investigate or supervise the investigation of all reports of bullying and
- (ii) to ensure that investigations are completed promptly after the receipt of any report made under this rule;
- (b) a procedure for notification of the parents of the student alleged to have committed an act of bullying and the parents of the student targeted by the alleged act; provided that if, in the administrator's professional opinion, notifying the parents would endanger the health or well-being of a student, the administrator may delay such notification as appropriate;
- (c) a requirement that school employees who witness bullying or who receive reports of bullying notify the designated administrator within two calendar days of the employee witnessing or receiving a report of bullying;
- (d) an appeal process for a student who is accused of bullying or who is the target of bullying and who is unsatisfied with the outcome of the initial investigation; and
- (e) development of a student safety support plan for students who are targets of bullying that addresses safety measures the school will take to protect targeted students against further acts of bullying.
C. Each local school board and governing body shall include bullying prevention policies and procedures for reporting bullying in student handbooks using developmentally and culturally appropriate language. Policies shall be produced and disseminated in appropriate languages in any school district in which a substantial portion of the student population speaks a language other than English at home.
D. Each public school shall document reports and investigations of bullying and shall maintain those records for no less than four years.
E. Each local school board or governing body shall establish procedures for public schools to report the number of bullying incidents and the number of harassment incidents, as defined by federal or state law, along with responses to these incidents, and shall report this information annually to the department at such time as determined by the department and through the department's student teacher accountability reporting or through other means as determined by the department.
New Mexico Statutes 22-35-3. Bullying prevention policies; adoption and enforcement.
B. Each local school board shall control the content of its policy; provided that the policy includes:
- (5) a procedure for reporting bullying or retaliation for reporting an act of bullying, including:
- (a) a flexible reporting system that allows for reporting orally and in the student’s preferred language;
- (b) a method for reporting bullying anonymously; provided that no formal disciplinary measures shall be taken solely on the basis of an anonymous report; and
- (c) a method for parents to file written reports of suspected bullying; and
- (6) a procedure for prompt investigation of reports of violations of the policy and of complaints of bullying or retaliation, including:
- (a) designation of a school administrator to investigate or supervise the investigation of all reports of bullying and to ensure that such investigation is completed promptly after the receipt of any report made under the Safe Schools for All Students Act;
- (b) a procedure for notification of the parents of the student alleged to have committed an act of bullying and the parents of the students targeted by the alleged act; provided that if the administrator believes, in the administrator’s professional capacity, that notifying the parents would endanger the health or well-being of a student, the administrator may delay such notification as appropriate;
- (c) a benchmark that school employees who witness acts of bullying or receive reports of bullying notify the designated administrator not later than two days after the school employee witnesses or receives a report of bullying;
- (d) an appeal process for a student accused of bullying or a student who is the target of bullying who is not satisfied with the outcome of the initial investigation; and
- (e) development of a student safety support plan for students who are targets of bullying that addresses safety measures the school will take to protect targeted students against further acts of bullying.