Memorandum of Understanding
The State of New Hampshire adopted legislation (RSA 193-D: 1 & 2) creating safe school zones and directing school districts to adopt policies defining such. The Dresden School Board policy (JICD), contains language extremely important for students to know.
Memorandum of Understanding Between Dresden and Hanover School Districts and the Hanover Police Department
JICD Exhibit A
This Memorandum of Understanding is entered into between the Dresden and Hanover School District (School Districts) and Hanover Police Department (Police Department), pursuant to RSA 193-D:4,I,© in order to establish uniform procedures for the reporting by the School Districts to the Police Department of incidents of theft, destruction, or violence as required by RSA 193-D:4,I. It is the intent of the School Districts and the Police Department that this Memorandum of Understanding shall be used by the School Districts to determine whether or not a report is required by RSA 193-D:4,I. Compliance with this Memorandum of Understanding shall constitute adherence to the School Districts’ obligations under RSA 193-D:4,I.
The following provisions describe each group of acts of theft, destruction or violence set forth in RSA 193-D:1,I, and establish the procedures for reporting them to the Police Department or other appropriate authorities. All written reports shall be filed upon Department of Education approved form ED 317.
Homicide RSA 630
Homicide is the killing of another human being whether intentional, negligent, done while under the influence of drugs or alcohol, or as the result of causing or aiding a suicide.
The School Districts shall immediately notify the Police Department upon learning that a person had died upon school property, regardless of the apparent circumstances. In addition, the School Districts shall take steps to assure the location of the body is not disturbed.
Assault RSA 631
Generally, assault is the knowing or reckless causing of bodily injury to another person. It also includes unprivileged physical contact. The precise nature of the act causing the injury and the nature of the injury differentiate the categories of assault.
For purposes of this Memorandum, assaults shall be divided into two (2) categories: reportable assaults and non-reportable assaults.
Reportable assaults shall include assaults in which the victim requires medical attention due to injuries caused by the assault, or involved the use of any object as a weapon.
All other assaults need not be reported to the Police Department, but in any event will be handled as School Districts’ disciplinary matters. The School Districts may report otherwise unreportable assaults to the Police Department based upon such factors as the age of the student, the extent of previous, consistent behavior by the student, and the nature and extent of the assault.
Criminal Threatening RSA 631:5
Criminal Threatening is most associated with threats of violence to be committed against the person of another. It can take a variety of forms including direct physical conduct where another is placed in fear of imminent bodily injury or physical contact where another is placed in fear of imminent bodily injury or physical contact, or the placing of any object or graffiti on the property of another with a purpose to terrorize them, or threatening to commit a crime against the person or property of another with a purpose to terrorize someone else, or threatening to commit a crime of violence with a purpose to cause evacuation of a building, the so-called bomb scare.
Similar to the reporting of Assaults, it will be left to the discretion of school administrators on what shall be reported. The exception will be in cases of bomb scares, which shall be reported immediately to police and fire authorities.
Student Hazing RSA 631:7
Any action which is meant to humiliate, ridicule, harass, or degrade another student including verbal intimidation, verbal abuse, bullying, infringes on a student’s right to feel safe at school.
The response to these sorts of behaviors can be similar to that of assault. However, should the hazing be associated with a condition of initiation, admission into, continued membership in or association with any organization associated with the educational institution, it shall be reported to the police as required by the statute.
Sexual Assaults RSA 632:A
All acts which constitute sexual assaults and involve a minor student also constitute acts of abuse which must be reported to DCYF pursuant to RSA 169-C:29.
The School Districts shall report all such incidents to DCYF pursuant to RSA 169-D and to the Police Department.
Criminal Mischief RSA 634
Criminal mischief is often referred to as vandalism and involves the intentional damaging or destruction of another’s property.
The School Districts shall report to the Police Department any acts of vandalism which have caused damage which will require over $200.00 worth of repairs or replacement items.
Arson RSA 634:1
Arson is the intentional starting of a fire or explosion which damages property.
Whenever a fire occurs on school property under circumstances which suggest the possibility of arson, the incident shall be reported by the School Districts to the Police Department.
Burglary RSA 635
Burglary is the unlawful entry of a building for the purpose of committing a crime such as vandalism, theft, arson or assault.
The School Districts shall report all incidents of burglary to the Police Department.
Robbery RSA 636
Robbery is theft by the use of force or threat of force. Robbery is a felony regardless of the amount stolen and must be viewed as a serious matter in all instances.
The School Districts shall report to the Police Department all acts constituting robbery when the perpetrator is a student in grades 5-12 or if the perpetrator’s actions are considered by the School Districts to have been particularly violent, aggressive, or consistent with past behavioral problems.
Theft RSA 637
Theft is the taking of another’s property with the intent to deprive the owner of the property.
Thefts shall be reported by the School Districts when the value of the property exceeds $50.00.
Sale or Possession of Controlled Substances RSA 3188-B
It is illegal to sell or possess controlled substances for which a person does not have a valid prescription. Controlled substances include not only drugs usually considered illegal such as cocaine and marijuana, but also drugs such as Ritilan or amphetamines which are frequently prescribed by physicians. Illegal sale of controlled substances is a very serious crime. The illegal possession and use of controlled substances is also a crime.
The School Districts shall report to the Police Department every incident involving the sale or possession of a controlled substance to students in grades 5-12.
Unlawful Possession of Alcoholic Beverages, RSA 179:10
It is illegal for a person under the age of 21 years to possess or consume alcoholic beverages.
All such incidents shall be reported to the police. However, such cases may be handled exclusively as School District disciplinary matters when taking into consideration the age of the student, the extent of previous consistent behavior by the student, and the nature and extent of the possession and the level of intoxication.
False Public Alarms, RSA 644:3
When the evacuation of a building is threatened or occurs, such cases shall be reported to the police.
Educationally Disabled Students
Whenever an educationally disabled student is reported to the Police for misconduct under the provisions of ED 317, the Police Department will be advised on Form ED 317 that the student is educationally disabled and that the student’s file is available to the law enforcement agency as needed to ensure the proper treatment of educationally disabled students.
It is agreed that the provisions of this Memorandum of Understanding shall be interpreted by and its terms followed by the School Districts in a manner to provide the Police Department with appropriate notice of criminal activity occurring on school property. The goal sought by the School Districts in making decisions under this Memorandum of Understanding is the maintenance of a safe school environment. This goal shall be used by the School Districts as the determining factor in resolving any question as to whether a given incident is either reportable under this Memorandum of Understanding or should be reported to the Police Department.