SAFETY

The Board of Directors of School Administrative District #35 does hereby reaffirm its commitment to equal employment opportunity and to an atmosphere for students and employees which is free of intimidation, ridicule, hostility, and offensiveness.

The Board of Directors of RSU 35 recognizes its responsibility to comply with the provisions of the Maine Human Rights Act and those federal statutes with similar provisions that apply.

In recognition of this responsibility the Board of Directors is committed to pursuing a policy of nondiscrimination in the personnel policies of School Administrative District #35.  These practices include but are not limited to, recruitment, hiring, opportunities for promotion or transfer, compensation, and other terms, conditions or privileges of employment.  The policies implementing these policies shall not favor or penalize any person because of race, color, religion, national origin, ancestry, sex, marital status, age or disability where these are not found to be bona fide occupational qualifications.  Therefore, the Board of Directors of RSU 35 does thereby direct that this policy of equal employment opportunity shall be promoted and enforced through an Affirmative Action Plan.  Copies of the Affirmative Action Plan are available in each school office.

Questions regarding affirmative action should be directed to the superintendent’s office  at 180 Depot Road, Eliot, ME 03903 or 207-439-2438.

Any bomb threat will be regarded as an extremely serious matter and treated accordingly.  The Board directs the Superintendent to react promptly and appropriately to information concerning bomb threats and to initiate or recommend suitable disciplinary action.

It is also a violation of Board policy to communicate by any means that any toxic or hazardous substance or material has been placed, or will be placed, on school premises with the intent to endanger the safety and welfare of students or staff and/or to disrupt the operations of the schools.  For the purpose of this policy, “toxic or hazardous substance or materials” means any material or substance, including biomedical materials or organisms, that, when placed as threatened, could be harmful to humans.

1. Threat assessment (for the purpose of identifying a response that is in proportion to the threat, in light of what is necessary to ensure safety).

2. Building evacuation and reentry (including selection of potential alternative sites for those who are evacuated);

3. Incident “command and control” (who is in charge, and when);

4. Communications contact and mandatory bomb threat reporting;

5. Parent notification process;

6. Training for staff members; and

7. Support services for students and staff.

All bomb threats shall be reported immediately to the local law enforcement authority, as provided in the bomb threat procedures.

The administration may suspend and/or recommend for expulsion any student who makes a bomb threat.  The making of a bomb threat will be considered deliberately disobedient and deliberately disorderly within the meaning of 20-A MRSA § 1001 (9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school.   

A student who knowingly encourages, causes, aids or assists another student in making or communicating a bomb threat shall be subject to the disciplinary consequences described in Section E of the Board policy.

Instructional time lost as a result of a bomb threat will be rescheduled at the earliest appropriate (or practicable) opportunity, as determined by the Superintendent in consultation with the Board.  Policy EBCC Adopted: November 16,2022

Marshwood High School has a comprehensive crisis management plan.  This plan is overseen by a crisis management team that meets annually and after the implementation of any emergency procedure. In the event of any crisis there are protocols that staff and students will follow to ensure safety.  These protocols are regularly practiced throughout each school year.

ACAA

Harassment of students because of race, color, sex, sexual orientation, religion, ancestry or national origin, age or disability is prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws. 

HARASSMENT

Harassment includes but is not limited to verbal abuse based on race, color, sex, sexual orientation, religion, ancestry or national origin, or disability. Harassment that rises to the level of physical assault, battery and/or abuse is also addressed in the Board policy JICDA - Weapons, Violence and School Safety.

SEXUAL HARASSMENT

Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors or pressure to engage in sexual activity, physical contact of a sexual nature, gestures, comments, or other physical, written or verbal conduct that is gender-based that interferes with a student’s education. School employees, fellow students, volunteers and visitors to the school, and other persons with whom students may interact in order to pursue school activities are required to refrain from such conduct.

Harassment/sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including dismissal. Harassment/sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion. The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.

The Superintendent or the employee designated Affirmative Action Officer and/or Sexual Harassment Officer will investigate complaints of harassment in accordance with the Discrimination and Harassment Complaint Procedure.  School employees, students, and parents shall be informed of this policy/procedure through handbooks and/or other means selected by the school administration.

Legal Reference: Title IX of the Education Amendments of 1972 (20 USC § 1681, et seq.)

Title VI of the civil Rights Act of 1964 (42 USC § 2000(d))

5 MRSA §§ 4602; 4681 et seq.

20 MRSA § 6553

Cross Reference: AC - Non Discrimination/Equal Opportunity and Affirmative Active

ACAA/ACAA-R - Harassment and Sexual Harassment of Students & Complaint Process

ACAD - Hazing

JICIA - Weapons, Violence and School Safety

Policy Adopted: January 5, 2005

Policy Reviewed: March 4, 2009

ACAD

Maine law defines injurious hazing as “any action or situation, including harassing behavior, that recklessly or intentionally endangers the mental or physical health of any school personnel or a student enrolled in a public school.”

Injurious hazing activities of any type, either on or off school property, by any student, staff member, group or organization affiliated with this school unit, are inconsistent with the educational process and shall be prohibited at all times.

“Harassing behavior” includes acts of intimidation and any other conduct that recklessly or intentionally endangers the mental or physical health of a student or staff member.

“Acts of intimidation” include extortion, menacing, direct or indirect threats of violence, incidents of violence, bullying, statements or taunting of a malicious and/or derogatory nature that recklessly or intentionally endanger the mental or physical health of another person, and property damage or theft.

No administrator, faculty member, or other employee of the school unit shall encourage, permit, condone, or tolerate injurious hazing activities. No student, including leaders of students’ organizations, shall plan, encourage, or engage in injurious hazing activities.

Students who violate this policy may be subject to disciplinary action which may include suspension, expulsion, or other appropriate measures. Administrators, professional staff, and all other employees who violate this policy may be subject to disciplinary action up to and including dismissal.

In the case of an organization affiliated with this school unit that authorizes hazing, penalties may include rescission of permission for that organization to operate on school property or to receive any other benefit of affiliation with the school unit.

Persons not associated with this school unit who fail to abide by this policy may be subject to ejection from school property and/or other measures as may be available under the law.

These penalties shall be in addition to any civil or criminal penalties to which the violator or organization may be subject.

The Superintendent/designee shall be responsible for administering this policy. In the event that an individual or organization disagrees with an action—or lack of action—on the part of the Superintendent/designee as he/she carries out the provisions of this policy, that individual or organization may appeal to the Board. The ruling of the Board with respect to the provisions of this policy shall be final.

This right to appeal does not apply to student suspensions of 10 days or less or to matters submitted to grievance procedures under applicable collective bargaining agreements.

A copy of this policy shall be included in all school, parent, and employee handbooks or otherwise distributed to all school employees and students.

Legal Reference: 20-A MRSA § 6553

Cross Reference:

ACAA/ACAA-R Harassment and Sexual Harassment of Students
ACAB/ACAB-R Harassment and Sexual Harassment of Employees
JJCI/JLI Weapons, Violence and School Safety

Policy Adopted: November 1, 1989
Policy Revised: October 1, 1997
Policy Revised: March 7, 2001
Policy Revised: November 20, 2002
Policy Revised: April 15, 2009

JIH-R

The purpose of this administrative procedure is to provide guidelines for the conduct of student questioning and searches by school administrators. These are guidelines only and may be adjusted within reasonable and lawful limits on a case-by-case basis.

QUESTIONING BY SCHOOL ADMINISTRATORS 

1. School administrators are under no obligation to notify a student’s parents/guardians prior to questioning a student regarding alleged violations of Board policies, school rules and/or federal/state laws.  If law enforcement officers are involved, refer to policy KLG – Relations with Law Enforcement Authorities.

2. School administrators shall inform the student of the reasons for the questioning and provide an opportunity for the student to respond to any allegations.  School administrators shall make a reasonable effort to question the student in a location out of the sight and hearing of other students.

3. If a student fails to cooperate, lies, misleads or threatens any person during questioning, he/she may be subject to additional disciplinary action. 

SEARCHES OF STUDENTS AND/OR PERSONAL PROPERTY IN STUDENTS’ IMMEDIATE POSSESSION                    

1. School administrators are authorized to search students and/or personal property in the student’s immediate possession when, in their judgment, there are reasonable grounds to suspect that a student has violated or is violating the Board policies, school rules and/or federal/state laws. 

2. All searches of students and/or personal property shall be authorized and conducted by a school administrator in the presence of a witness, except where the circumstances render the presence of a witness impractical.

3. Searches should be reasonably related to the suspected violation and no more intrusive than necessary to discover the evidence for which the search was instigated.  Searches may include the student’s outer clothing (e.g., pockets, jacket, shoes, hat) and personal belongings (e.g., purse, backpack, gym bag, lunch bag).  If the search discloses evidence, a broader search may be justified.

4. Searches which disclose evidence that a student has violated Board policies or school rules will be addressed through school disciplinary procedures.  Evidence of violation of federal/state laws may result in school disciplinary action and/or be forwarded to law enforcement authorities for possible investigation/prosecution.

5. School administrators are required to document all searches and items seized/impounded on the Student Search Form or by another reasonable method.

SEARCHES OF LOCKERS, DESKS AND OTHER SCHOOL FACILITIES 

1. School staff, students and parents shall be informed of this policy/procedure on an annual basis.

2. School administrators shall consult with the Superintendent prior to conducting random searches.

3. Searches of individual student lockers, desks or other storage facilities and their contents based upon reasonable suspicion will be conducted in the presence of the student and a witness, if practical under the circumstances of the search.

4. Searches which disclose evidence that a student has violated Board policies or school rules will be addressed through school disciplinary procedures.  Evidence of violation of federal/state laws may result in school disciplinary action and/or be forwarded to law enforcement authorities for possible investigation/prosecution.

5. School administrators are required to document all searches and items seized/impounded on the Student Search Form or by another reasonable method.

PATROLLING OF PARKING LOTS 

1. Students may drive vehicles to school and park in designated areas in accordance with school rules. School administrators retain the authority to patrol parking lots.

2. If school administrators have a reasonable suspicion that a vehicle which a student has parked at school contains evidence that the student has or is violating a federal/state law and/or there is a substantial threat to the welfare and safety of the schools, law enforcement authorities will be requested to render assistance in accordance with Board policy KLG – Relations with Law Enforcement Authorities.

INVOLVEMENT OF LAW ENFORCEMENT AUTHORITIES

1. School authorities have the discretion to request the assistance of law enforcement authorities in accordance with Board policy.

Cross References: JIH-E – Student Search Checklist

 KLG – Relations with Law Enforcement Authorities

Policy Adopted: November 17, 2004

The Board of Directors believes that students and staff are entitled to learn and work in a school environment free of violence, threats and disruptive behavior.  Students are expected to conduct themselves with respect for others in accordance with Board policies, school rules, reasonable unwritten behavior expectations, and applicable state and federal laws.

This policy shall apply to students, staff and all other persons at all times, on school premises, in any school vehicle, at any school sponsored activity, or at any time or place if the conduct has an adverse effect on the disciples or welfare of the school.

School staff are required to immediately report incidents of prohibited conduct by students to the building administrator for investigation and appropriate action.

Prohibited Conduct

Individuals are prohibited from engaging in the following conduct on school property, while in attendance at school or at any school-sponsored activity, or at any time or place that such conduct directly interferes with the operations, discipline or general welfare of the school:

• Possession and/or use of articles commonly used or designed to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person.  Examples of such articles include but are not limited to firearms, BB guns, pellet guns, any other kind of gun, ammunition, explosives, crossbows, brass knuckles, switchblades, knives, chains, clubs, Kung Fu stars and nunchucks;

• Use of any object, although not necessarily designed to be a weapon, to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person.  Examples of such articles include but are not limited to bats, belts, laser pointers, picks, pencils, compasses, objects capable of ignition (e.g. matches, lighters), files, tools of any sort and replicas of weapons (including toys);

• Violent or threatening behavior, including but not limited to fighting, assault and/or battery, taking hostages, threats to commit violence against persons or property (e.g. verbal or written death threats, threats of bodily harm, bomb threats);

• Verbal or written statements (including those made on or through a computer) which threaten, intimidate, or harass others, which tend to incite violence and/or disrupt the school program;

• Willful and malicious damage to school or personal property;

• Stealing or attempting to steal school or personal property;

• Lewd, indecent or obscene acts or expressions of any kind;

• Violations of the school unit’s drug/alcohol and tobacco policies;

• Violations of state or federal laws; and

• Any other conduct that may be harmful to persons or property.

Disciplinary Action

Principals may suspend and/or recommend expulsion of students who violate this policy based upon the facts of each case and in accordance with applicable state and federal laws.  Conduct which violates this policy is deliberately disobedient and deliberately disorderly within the meaning of 20-A MRSA § 1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school.  Such conduct may also be grounds for expulsion under other provisions of 20-A MRSA § 1001(9-and 9-A) that specifically prohibit the use and possession of weapons, infractions of violence, and possession, furnishing and trafficking of scheduled drugs.

Students who are found to have brought a firearm to school (as defined by federal law), shall be expelled for a period of not less than one year, unless this requirement is modified by the Superintendent on a case-by-case basis.

All firearms violations shall be referred to law enforcement authorities as required by law.  Other violations of this policy shall be referred to law enforcement authorities at the discretion of the Superintendent.

Students with disabilities shall be disciplined in accordance with applicable federal and state laws/regulations and Board Policy JKF/JKF-R.

The Superintendent shall be responsible for the development and execution of appropriate administrative procedures to complement relevant law, board policy and good practice consistent with federal regulations from time to time as may be deemed necessary.

Legal References: 20 USCA § 8921 (Gun-Free Schools Act of 1994)

5 MRSA § 4681 et seq.

17-A MRSA §§ 2(9); 2(12-A)

20-A MRSA §§ 1001(9); 1001 (9-A); 6552

Cross References: JICA - Weapons, Violence & School Safety

JBA - Harassment and Sexual Harassment of Students

ADC - Tobacco Use and Possession

EBCA - Crisis Response Plan

JICH - Drug and Alcohol Use by Students

JK - Student Discipline

JKD - Suspension of Students

JKE - Expulsion of Students

JKF - Disciplinary Removals of Students with Disabilities

JIH - Questioning and Searches of Students

KLG - Relations with Law Enforcement Authorities

Policy Adopted:  July 30, 1996

Revised:  November 20, 2002