HMS School Safety
Identification
In the fall, students will be issued school ID’s. These ID’s may be used as admittance to extra-curricular activities.
Harassment Policy Statement
The Fairhaven Public Schools are committed to providing an educational environment that is free of harassment. Harassment is completely unacceptable and will not be tolerated in any form at any level of the school system. This policy applies to all students and employees involved in all school-sponsored activities.
It is also a violation of this policy to condone harassment by another person. For purposes of this policy, to “condone” harassment means to participate in such harassment by inciting, encouraging, fostering or other- wise giving support to that harassment, whether by words or actions. Also prohibited is any retaliation against any other person because he/she complains of harassment or assists in an investigation of harassment and any intimidation, coercion or other attempted interference with an investigation of a harassment complaint.
The Fairhaven Public Schools will take seriously all complaints of harassment, the condoning of harassment or retaliation and will have each complaint thoroughly and promptly investigated.
Prohibitions
In order to give rise to a complaint, harassment must be sufficiently severe, persistent, or pervasive that it adversely affects a student’s education by creating an intimidating, hostile, or humiliating environment. For a one-time incident to rise to the level of harassment, it must be severe.
Prohibited conduct includes, but is not limited to, the following conduct when related to a person’s sex (gender), race, color, national origin, religion, age, handicap and/or disability and sexual orientation and when such conduct is unwelcome by the recipient:
• Name calling, teasing, jokes, rumors, or other derogatory or dehumanizing remarks;
• Pulling at clothing and other possession;
• Graffiti;
• Notes or cartoons;
• Unwelcome touching of a person or person’s clothing;
• Offensive or graphic posters, pictures, book covers, or designs on clothing;
• Any words or actions that provoke feeling of discomfort, embarrassment or hurt.
All students are prohibited from engaging in any sexual harassment of any other individual (s). In Massachusetts, the legal definition for sexual harassment means:
Any sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of the provision of the benefits, privileges or placement services or as a basis for the evaluation of academic achievement; or (b) such advances, requests or conduct have the purpose or effect or unreasonably interfering with an individual’s education by creating an intimidating, hostile, humiliating or sexually offensive educational environment.
While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct that if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:
• Unwelcome sexual advances – whether they involve physical touching or not;
• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;
• Displaying sexually suggestive objects, pictures, cartoons;
• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
• Inquiries into one’s sexual experiences; and
• Discussion of one’s sexual activities.
Initiation of a Complaint
If a student believes that he/she has been (1) subjected to harassment; (2) witnessed sexual harassment; (3) subjected to or witnessed the condonation of harassment; and (4) subjected to or witnessed retaliation for a complaint of harassment, the student, a parent or guardian on behalf of the student, or school personnel shall report the incident promptly to a teacher, counselor, or administrator. The teacher, counselor, or administrator shall thereafter report the complaint directly to the Principal or Assistant Principal.
Procedure for Complaint and Investigation
It is the policy of the Fairhaven public Schools to have all complaints of harassment, condonation of harassment, or retaliation promptly and fully investigated and to take any steps necessary to remedy the situation.
Normally, the investigation of a complaint of harassment, condonation of harassment, or retaliation will be conducted by the Principal or Assistant Principal and will include separate private interviews with the complainant, each person accused of harassment, condonation or retaliation, and each of the witnesses, if any. Both parties may have an advocate of their choice present during their own private interview. The interview will ordinarily be documented by the administrator conducting the investigation, but those interviewed may also be asked to provide a written statement. All students are expected to cooperate fully with any investigation or harassment, condonation of harassment or retaliation.
Information provided during an investigation of harassment, condonation of harassment or retaliation would be treated as confidential. This means that such information will be shared with others on a need-to-know basis only. The parent or guardian of a student complainant and those accused may be notified. In appropriate circumstances, as determined by the school, the accused may be informed of the identity of the complainant or witnesses, but, in those circumstances, the accused will be cautioned against reprisals or recriminations or any attempted intimidation or coercion of the complainant or witnesses.
At the conclusion of the investigation, the administrator will prepare a report, and recommend an appropriate disciplinary action, which report and recommendation will be shared with both the complainant and the person or persons accused of harassment, condonation of harassment, or retaliation. The recommended disciplinary action will be implemented immediately, unless the recommendation, in the event of a student, is for suspension or expulsion. In the event of a recommendation for suspension or expulsion, the student shall have the right to appeal to the Superintendent. The student shall notify the Superintendent in writing of a request for an appeal no later than five calendar days following the recommendation for suspension or expulsion. The superintendent shall hold a hearing with the student and the student’s parent or guardian, within three calendar days of the request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his/her behalf and shall have the right to counsel. The Superintendent shall render a decision on the appeal within five calendar days of the hearing, and may sustain, alter, or revoke the recommended disciplinary action. Such decision shall be the final decision of the town with regard to the suspension or expulsion.
Disciplinary Action
Any student found to have engaged in harassment, condonation of harassment, or retaliation is subject to disciplinary sanctions from a warning up to and including suspension or permanent exclusion from school.
- First Offense Harassment report filed, warning given
- Second Offense Detention, parent contacted by phone
- Third Offense Suspension, parent conference
- Ongoing referral Youth Court or Juvenile Court
Threat Policy
Events on school campuses have placed a spotlight on the safety and security of schools. Raising awareness about both the problem of school violence and ways to prevent it are central components of this policy. Being aware that potential acts of violence might occur at any time and at any school is the first step that school administration must take in an effort to make their schools safe. There is no guarantee that being aware that problems might occur is enough to prevent a situation from happening. But awareness based on information enables the school system to do all they can do to prevent problems and enhance safety and security of their students and staff. All disciplinary actions taken in response to a verified threat shall be in accordance with applicable state and federal laws and regulations.
Students and staff should be actively encouraged to notify a building administrator whenever they hear of a possible threat. While most rumors will prove false, schools must follow up on rumors or overheard conversations. It should be stressed to students that it is their duty to report what they hear regarding any threat or violence. All reports must be taken seriously. All threats have to be reported. They are considered a felony. Until investigated, comments should be taken at face value. To ensure that rumors and threatening comments are dealt with properly, trained personnel will follow up on student hearsay reports.
Expression of intent to inflict harm, aggressive or hostile words or actions intended to harm others or oneself physically or emotionally and/or destroy property.
When an alleged violation of this definition comes to the attention of school personnel, the building principal or in her absence, the assistant principal, or in the event of his absence, central administration shall report to the members of the “crisis intervention team.” The team may consist of any combination of a number of members, teachers, guidance staff, school social workers, central office administration, special needs teacher, school psychologist, etc. to assess the validity of the violation. When a person is suspected of posing a threat toward school staff and students, the school office and local law enforcement shall be notified. The “crisis intervention team” will consider all facts and circumstances and render a finding. Said finding may include a recommendation as to sanctions, and/or a form of intervention (conflict resolution contract, mediation, parent conference, etc.).
Sanctions may include:
• Immediate suspension and/or exclusion
• Notification to Police Department
• Immediate suspension with discretionary recommendation for an exclusion hearing
• Outside evaluation and/or counseling by a psychiatrist
• No trespass order
Any student who has had sanctions imposed pursuant to these provisions shall have the right to appeal. Said appeal shall be made to the Superintendent.
When a violation of this policy involves a special education student and the violation is determined to be a manifestation of a disability, protocol for Chapter 766 and IDEA will be followed.
Search and Seizure
To maintain order and discipline in the schools, and to protect the safety and welfare of students and school personnel, school authorities may search a student and/or their locker and/or personal effects (purse, backpack, folder, desk, etc.) whenever a school authority has reasonable suspicion that the search will reveal evidence of a violation of law or school rules. Authorities may seize any illegal, unauthorized, or contraband materials discovered in the search. A student’s failure to permit searches and seizures will be considered grounds for disciplinary action.
The Supreme Court of the United States of America has ruled:
1. A warrant is not required before a teacher or school administrator conducts a search of a student suspected of violating a school rule or criminal statute.
2. Probable cause is not required before a student may be searched; rather before conducting a search, the teacher must have “reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law of the rules of the school.”
3. The search must be reasonable in its scope as well as its inception.
Drug Searches: Use of Canines – Per FPS Administrative Regulations
The Superintendent may request that local police conduct a search performed with the use of canines to detect the presence of illegal drugs. The purpose of such use shall be to maintain a safe and drug free environment and to ensure the safety of all students by discouraging the possession of drugs on school property.
GENERAL SEARCHES
To maintain safety, order, and discipline in the schools and to protect the safety and welfare of students and school personnel, school authorities may search a student or student locker.
LOCKER SEARCHES
Student lockers are school property and remain at all times under the control of the school; however, students are expected to assume full responsibility for the security of their locker. Periodic general inspections of lockers may be conducted by a school administrator for any reason at any time without notice, without student consent, and without a search warrant. Important Note: It is important that students not give out their locker combinations.
PERSONAL SEARCHES
A student’s person and/or personal belongings (e.g., purse, book bag, etc.) may be searched whenever a school authority has reasonable suspicion to believe that the student is in possession of illegal or unauthorized materials. If a pat down search of a student’s person is made it will be conducted in private by a school official of the same sex and with an adult witness present.
If extreme emergency conditions require a more intrusive search of a student’s person, such a search may only be conducted in private by a school official of the same sex, with an adult witness of the same sex present, and only upon the prior approval of the principal, unless the health or safety of the student will be endangered by the delay which might be caused by following these procedures.
Backpacks/Pocketbooks
Backpacks are fine for carrying all your books to and from school. During the school day, backpacks and pocketbooks must remain in your locker. Plan your morning and carry with you only the books and materials you need. You will be able to visit your locker before and after lunch. At that time, you can plan for your afternoon classes and once again carry with you only the books and materials you need. On the days you have physical education; it is acceptable for you to carry your PE clothing in a small PE bag when passing to PE.
Unauthorized Group Policy
The school prohibits anything it deems to be disruptive, distracting, provocative, provoking, and/or intimidating that rises to the level in the school’s view as having a detrimental effect on the safe and educational atmosphere in the school environment, including but not limited to specific types of jewelry, colors, and other items as identified in the dress code, that promote disruptive and demoralizing values, which are inconsistent with and counterproductive to our educational mission. The principal or designee has the right to interpret any clothing or other symbols, as a demonstration of unauthorized group affiliation.
Corridor Traffic
There is a limited amount of time available to pass from class to class. Students are to keep to the right while walking in the corridor, with no more than two together, and pass quickly and quietly. Outward displays of affection between students are not allowed. Horseplay will not be tolerated. Signed agendas are required when leaving or entering a class/office during instructional time.
Accidents
Any accident in the building, or on school grounds, must be reported immediately to the school nurse.
Building Evacuation Instructions (Fire Drill)
Teachers will inform you of appropriate exits. Signs are also posted in each room. Fire drills are to be conducted in a cooperative and orderly fashion. We will not tolerate inappropriate actions of any kind during such a drill. You will pass quickly and quietly with your class and remain outside with your class until notified to re-enter the building.
Multi-Hazard Emergency Plan
Our Multi-Hazard Emergency Plan is designed to be a contingency plan for any emergency situation that may arise. It recognizes the many variables that may occur in an emergency situation and that a response is often predicated upon those variables. To this end, a Multi-Hazard Emergency Team will evaluate the circumstances of the emergency situation and develop appropriate responses based upon the emergency and variables present at the time.