TITLE 6

CHAPTER 12
PART 7

PRIMARY AND SECONDARY EDUCATION

PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY
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 22-12 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 20132014 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 fearfree 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 fearfree environment for another member of the school community.