NEPN/NSBA Code: JICK 

BULLYING 

The School Committee believes that bullying, including cyberbullying, is detrimental to student well-being and to student learning and achievement. It interferes with the mission of the schools to educate their students and disrupts the operations of the schools. Bullying affects not only students who are targets but also those who participate in and witness such behavior. 

Prohibited Behavior 

Bullying, including “cyberbullying,” harassment, and sexual harassment are not acceptable conduct in Lewiston Public Schools and are prohibited. 

Retaliation for the reporting of incidents of such behavior is prohibited. In adopting this policy, it is not the School Committee’s intent to prohibit students from expressing their ideas, including religious, political, and philosophical views that may offend the sensibilities of others, or from engaging in civil debate. However, the School Committee does not condone and will take action in response to conduct that directly interferes with students’ rights at school under applicable laws or with the educational mission, operations, discipline, or general welfare of the schools. 

Definitions 

“Bullying” and “cyberbullying” have the same meaning in this policy as in Maine

law: 

Bullying 

“Bullying” includes, but is not limited to, a written, oral, or electronic expression or a physical act or gesture or any combination thereof directed at a student or students that: 

A.   Has, or a reasonable person would expect it to have, the effect of: 

1. Physically harming a student or damaging a student’s property; or 

2. Placing a student in reasonable fear of physical harm or damage to their property; or

B.   Interferes with the rights of a student by: 

1. Creating an intimidating or hostile educational environment for the student; or 

2. Interfering with the student’s academic performance or ability to participate in or benefit from the services, activities, or privileges provided by the school; or 

C. Is based on: 

a. A student’s actual or perceived characteristics identified in 5  MRSA § 4602 or 4684-A (including race; color; ancestry;  national origin; sex; sexual orientation; gender identity or expression; religion; physical or mental disability) or other distinguishing personal characteristics (such as socioeconomic status; age; physical appearance; weight; or family status); or 

b.   A student’s association with a person with one or more of these actual or perceived characteristics or any other 

distinguishing characteristics; and that has the effect described in subparagraphs A. or B. above. 

Under Maine law:

“Sexual orientation” means a person’s actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression.

“Gender identity” means gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth.

Cyberbullying 

“Cyberbullying” means bullying through the use of technology or any electronic communication, including but not limited to, a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted by the use of any electronic device.

Retaliation

Retaliation means an act or gesture against a student for asserting or alleging an act of bullying. Retaliation also includes reporting that is not made in good faith on an act of bullying.

Application of Policy 

This policy applies to bullying that: 

A. Takes place at school or on school grounds, at any school-sponsored or school-related activity or event, or while students are being transported to or from school or school-sponsored activities or events; or

B. Takes place elsewhere or through the use of technology, but only if the bullying also infringes on the rights of the student at school as set forth in the definition of “bullying.” 

Consequences for Policy Violations

Students 

Students who violate this policy may be subject to disciplinary action which may include suspension, expulsion (at the middle and high school level only), or a series of graduated consequences including alternative discipline or other behavioral interventions. 

The School Committee retains the right to impose disciplinary consequences for bullying and other conduct that occurs at any time or place that 

substantially disrupts the instructional program, operations of the schools, or welfare of students. 

Any student violating this policy may also be subject to civil or criminal penalties. 

School Employees and Others 

Administrators, professional staff, and all other employees who violate this policy may be subject to disciplinary action up to and including dismissal, and in accordance with any applicable collective bargaining agreements. 

Volunteers, contractors and visitors who violate this policy will be excluded from school property until the Superintendent is satisfied that the person will comply with Maine’s bullying law and this policy. 

Any person violating this policy may also be subject to civil or criminal penalties. 

Any school-affiliated organization that authorizes or engages in bullying or retaliation is subject to forfeiture of School Committee approval/sanctioning and/or suspension or revocation of its permission to operate on school grounds. 

Staff Training 

Lewiston Public Schools will provide professional development and staff training in bullying prevention and response. This professional development and staff training will be based on an evidence-based program.

Delegation of Responsibility 

The Superintendent/designee will be responsible for developing and implementing procedures in accordance with applicable law to implement this policy. 

The Superintendent will designate the school principal and/or other school personnel to be responsible for the implementation/enforcement of this policy and associated procedures on the school level. 

A student or their parent/guardian who is dissatisfied with a decision of the Superintendent or designee related to the taking or not taking disciplinary action in the course of implementing this policy may appeal, in writing, to the Superintendent within 14 calendar days of notice of the decision.

The Superintendent’s decision shall be final.

Dissemination of Policy 

The Superintendent will be responsible for providing this policy, any associated administrative procedures, and the names of the person(s) responsible for implementing the policy/procedure at the school level will be provided, in writing to students, parents, school employees, and volunteers in handbooks, and on the school district’s website and by such other means (if any) as may be determined by the Superintendent. 

Legal Reference: 20-A M.R.S.A. § 1001(15), 6554 

Cross Reference:      AC - Nondiscrimination, Equal Opportunity 

ACAA - Harassment and Sexual Harassment of Students 

ACAD - Hazing

AD -Educational Philosophy/Mission

ADAA -School System Commitment to Standards for Ethical and Responsible Behavior 

ADF - School District Commitment to Learning Results 

CHCAA -Student Handbooks

GCI - Professional Staff Development 

IJNDB – Student Computer and Internet Use and Internet Safety 

JI - Student Rights and Responsibilities 

JIC - Student Code of Conduct 

JICC - Student Conduct on Buses 

JICIA - Weapons, Violence and School Safety 

JK - Student Discipline 

JKD - Suspension of Students 

JKE - Expulsion of Students 

KLG - Relations with Law Enforcement Authorities 

Adopted: August 18, 2014 

Revised: September 26, 2016 

Revised: August 2, 2021

Revised: August 26, 2024