M
5512.01 HARASSMENT,
INTIMIDATION, AND BULLYING
Policy Statement
The Board of Education
prohibits acts of harassment, intimidation, or bullying of a pupil. A safe and civil environment in school is
necessary for pupils to learn and achieve high academic standards. Harassment, intimidation, or bullying, like
other disruptive or violent behaviors, is conduct that disrupts both a pupil’s
ability to learn and a school’s ability to educate its pupils in a safe and disciplined
environment. Since pupils learn by
example, school administrators, faculty, staff and volunteers should be
commended for demonstrating appropriate behavior, treating others with civility
and respect, and refusing to tolerate harassment, intimidation, or bullying.
“Harassment, intimidation,
or bullying” means any gesture, written, verbal or physical act, or any
electronic communication, that takes place on school property, at any
school-sponsored function or on a school bus and that:
1. Is motivated by any actual or perceived characteristic, such as
race, color, religion, ancestry, national origin, gender, sexual orientation,
gender identity and expression, or a mental, physical or sensory disability; or
2. By any other distinguishing characteristic; and
3. A reasonable person should know, under the circumstances, that
the act(s) will have the effect of harming a pupil or damaging the pupil’s
property, or placing a pupil in reasonable fear of harm to his/her person or
damage to his/her property; or
4. Has the effect of insulting or demeaning any pupil or group of
pupils in such a way as to cause substantial disruption in, or substantial
interference with, the orderly operation of the school.
“Electronic communication”
means communication transmitted by means of an electronic device, including,
but not limited to, a telephone, cellular phone, computer, or pager.
Acts of harassment,
intimidation, or bullying may also be a pupil exercising power and control over
another pupil, either in isolated incidents (e.g., intimidation, harassment) or
patterns of harassing or intimidating behavior (e.g., bullying).
This
policy may impose consequences for acts of harassment, intimidation, or
bullying that occur off school grounds, such as cyber-bullying (e.g., the use
of electronic or wireless devices to harass, intimidate, or bully), to the
extent this policy complies with the provisions of N.J.A.C. 6A:16-7.6,
Conduct Away from School Grounds, and the district’s code of pupil conduct,
pursuant to N.J.A.C. 6A:16-7.1. In all instances of harassment,
intimidation, or bullying behavior occurring off school grounds, the
consequences only may be exercised when it is reasonably necessary for the
pupil’s physical or emotional safety and well-being or for reasons relating to
the safety and well-being of other pupils, staff or school grounds, pursuant to
N.J.S.A.
18A:25-2 and 18A:37-2, and when the conduct which is the subject of a
proposed consequence materially and substantially interferes with the
requirements of appropriate discipline in the operation of the school. All acts of harassment, intimidation, or
bullying that include the use of school property (e.g., school computers, other
electronic or wireless communication devices) apply to the provisions of N.J.S.A.
18A:37-15 and N.J.A.C. 6A:16-7.9, harassment, intimidation,
and bullying, whether the subject or recipient of the bullying is on or off
school property.
Expected Behavior
The Board expects pupils to
conduct themselves in keeping with their levels of development, maturity and
demonstrated capabilities with proper regard for the rights and welfare of
other pupils and school staff, the educational purpose underlying all school
activities and the care of school facilities and equipment consistent with the
code of pupil conduct.
The Board believes that
standards for pupil behavior must be set cooperatively through interaction
among the pupils, parent(s) or legal
guardian(s), staff and community members, producing an atmosphere that
encourages pupils to grow in self-discipline.
The development of this atmosphere requires respect for self and others,
as well as for school district and community property on the part of pupils,
staff and community members.
The Board believes the best
discipline is self-imposed, and it is the responsibility of school district
staff to use instances of violations of the code of pupil conduct as
opportunities to help pupils learn to assume and accept responsibility for
their behavior and the consequences of their behavior. Staff members who interact with pupils shall
apply best practices designed to prevent pupil conduct problems and foster
pupils’ abilities to grow in self-discipline.
General guidelines for pupil
conduct will be developed by the Chief
School Administrator, in conjunction with school staff, and approved by
the Board. These guidelines will be
developed based on accepted core ethical values from a broad community
involvement with input from parent(s) or legal
guardian(s) and other community representatives, school employees, volunteers,
pupils and administrators. These
guidelines for pupil conduct will be suited to the developmental ages of
pupils, the severity of the offenses and pupils’ histories of inappropriate
behaviors, and the mission and physical facilities of the individual school(s)
in the district. This policy requires
all pupils in the district to adhere to these rules and guidelines and to
submit to the remedial and consequential measures that are appropriately
assigned for infractions of these rules and guidelines.
The district prohibits active
or passive support for acts of harassment, intimidation, or bullying. Pupils are encouraged to support other pupils
who walk away from these acts when they see them, constructively attempt to
stop them, and report these acts to the Building Principal or designee.
Pupils are required to
conform to reasonable standards of socially acceptable behavior; respect the
person, property and rights of others; obey constituted authority; and respond
to school district teaching, support and administrative staff. Each Building Principal will develop and
provide a school-based program for appropriate recognition for positive
reinforcement for good conduct, self-discipline, good citizenship and academic
success.
Consequences and Appropriate
Remedial Actions
The Board of Education
requires its school administrators to implement procedures that ensure both the
appropriate consequences and remedial responses for pupils who commit one or
more acts of harassment, intimidation,
or bullying, consistent
with the code
of pupil conduct
and the consequences and remedial
responses for staff members who commit one or more acts of harassment,
intimidation, or bullying. The following
factors, at a minimum, shall be given full consideration by school
administrators in the implementation of appropriate consequences and remedial
measures for each act of harassment, intimidation, or bullying by pupils. Appropriate consequences and remedial actions
are those that are graded according to the severity of the offense(s), and
consider the developmental ages of the pupil offenders and pupils’ histories of
inappropriate behaviors, per the code of pupil conduct.
Factors for Determining
Consequences
1. Age, developmental and maturity levels of the parties involved;
2. Degrees of harm;
3. Surrounding circumstances;
4. Nature and severity of the behavior(s);
5. Incidences of past or continuing patterns of behavior;
6. Relationships between the parties involved; and
7. Context in which the alleged incidents occurred.
Factors for Determining
Remedial Measures
Personal
1. Life skill deficiencies;
2. Social relationships;
3. Strengths;
4. Talents;
5. Traits;
6. Interests;
7. Hobbies;
8. Extra-curricular activities;
9. Classroom participation; and
10.Academic performance.
Environmental
1. School culture;
2. School climate;
3. Pupil-staff relationships and staff
behavior toward the pupil;
4. General staff management of
classrooms or other educational environments;
5. Staff ability to prevent and manage
difficult or inflammatory situations;
6. Social-emotional and behavioral
supports;
7. Social relationships;
8. Community activities;
9. Neighborhood situation; and
10.Family situation.
Consequences and appropriate
remedial action for pupils who commit acts of harassment, intimidation, or
bullying may range from positive behavioral interventions up to and including
suspension or expulsion, as set forth in the Board adopted Pupil
Discipline/Code of Conduct pursuant to N.J.A.C. 6A:16-7.1. Consequences for a pupil who commits an act
of harassment, intimidation, or bullying shall be varied and graded according
to the nature of the behavior, the developmental age of the pupil and the
pupil’s history of problem behaviors and performance, and must be consistent
with the district’s code of pupil conduct.
Remedial measures shall be designed to correct the problem behavior,
prevent another occurrence of the problem, protect and provide support for the
victim of the act, and take corrective action for documented systemic problems
related to harassment, intimidation, and bullying. The consequences and remedial measures may
include, but are not limited to, the examples listed below:
Examples
of Consequences
1. Admonishment;
2. Temporary removal from the
classroom;
3. Deprivation of privileges;
4. Classroom or administrative
detention;
5. Referral to disciplinarian;
6. In-school suspension during the
school week or the weekend;
7. After-school programs;
8. Out-of-school suspension
(short-term or long-term);
9. Legal action; and
10.Expulsion.
Examples
of Remedial Measures - Personal
1. Restitution and restoration;
2. Mediation;
3. Peer support group;
4. Recommendations of a pupil behavior
or ethics council;
5. Corrective instruction or other
relevant learning or service experience;
6. Supportive pupil interventions,
including participation of the Intervention and Referral Services Team,
pursuant to N.J.A.C. 6A:16-8;
7. Behavioral assessment or
evaluation, including, but not limited to, a referral to the Child Study Team,
as appropriate;
8. Behavioral management plan, with
benchmarks that are closely monitored;
9. Assignment of leadership
responsibilities (e.g., hallway or bus monitor);
10.Involvement of school disciplinarian;
11.Pupil counseling;
12.Parent conferences;
13.Pupil treatment; or
14.Pupil therapy.
Examples
of Remedial Measures – Environmental (Classroom, School Building or School
District)
1. School and community surveys or
other strategies for determining the conditions contributing to harassment,
intimidation, or bullying;
2. School culture change;
3. School climate improvement;
4. Adoption of research-based,
systemic bullying prevention programs;
5. School policy and procedures
revisions;
6. Modifications of schedules;
7. Adjustments in hallway traffic;
8. Modifications in pupil routes or
patterns traveling to and from school;
9. Targeted use of monitors (e.g.,
hallway, cafeteria, bus);
10.Small or large group presentations for fully addressing the behaviors
and the responses to the behaviors;
11.General professional development programs for certificated and
non-certificated staff;
12.Professional development plans for involved staff;
13.Disciplinary action for school staff who contributed to the problem;
14.Supportive institutional interventions, including participation of the
Intervention and Referral Services Team, pursuant to N.J.A.C.
6A:16-8;
15.Parent conferences;
16.Family counseling;
17.Involvement of parent-teacher organizations;
18.Involvement of community-based organizations;
19.Development of a general bullying response plan;
20.Recommendations of a pupil behavior or ethics council;
21.Peer support groups;
22.School transfers; and
23.Law enforcement (e.g., school resource office, juvenile officer)
involvement.
N.J.A.C. 6A:16-7.9(a)2.vi
requires appropriate consequences and remedial actions for any staff member who
commits an act of harassment, intimidation, or bullying. The consequences may include, but not be
limited to, verbal or written reprimand, increment withholding, legal action,
disciplinary action, and/or termination.
Remedial measures may include, but not be limited to, in or
out–of-school counseling, professional development programs, and work
environment modifications.
Reporting Procedure
Complaints alleging
violations of this policy shall be reported to the Principal or designee. All school employees as well as all other
members of the school community including pupils, parent(s) or legal guardian(s), volunteers, and
visitors are required to report alleged violations of this policy to the
Principal or designee. While submission
of an Incident Report Form to the Principal or designee is not required, the
reporting party is encouraged to use the Incident Report Form available from
the Building Principal or available at the school district’s administrative
offices or the reporting party may use a district’s web-based reporting
system. Oral reports shall also be
considered official reports. Reports may
be made anonymously, but formal disciplinary action may not be based solely on
the basis of an anonymous report.
A school employee who
promptly reports an incident of harassment, intimidation, or bullying in
accordance with this policy, and who makes this report in compliance with the
procedures set forth in this policy, is immune from a cause of action for
damages arising from any failure to remedy the reported incident, as set forth
in N.J.S.A. 18A:37-16.c.
Investigation
The Principal or designee is
responsible for determining whether an alleged act constitutes a violation of
this policy. The Principal or designee
shall conduct a prompt, thorough and complete investigation of the alleged
incident. The Principal or designee will
maintain a record of each investigation regarding allegations of harassment,
intimidation, or bullying.
Response to an Incident of
Harassment, Intimidation, or Bullying
An appropriate response will
be provided to the individual who commits any incident of harassment,
intimidation, or bullying. Some acts of
harassment, intimidation, or bullying may be isolated incidents requiring the
school respond appropriately to the individual(s) committing the acts. Other acts may be so serious or parts of a
larger pattern of harassment, intimidation, or bullying that require a response
either at the classroom, school building or school district level or by law
enforcement officials.
Consequences and appropriate
remedial actions for pupils who commit an act of harassment, intimidation, or
bullying may range from positive behavioral interventions up to and including
suspension or expulsion, as permitted under N.J.S.A. 18A:37-1, Discipline of
Pupils and as set forth in N.J.A.C. 6A:16-7.2, Short-term Suspensions, N.J.A.C.
6A:16-7.3, Long-term Suspensions and N.J.A.C. 6A:16-7.5, Expulsions.
In considering whether a
response beyond the individual level is appropriate, the administrator shall
consider the nature and circumstances of the act, the degree of harm, the
nature and severity of the behavior, past incidences or past or continuing patterns of behavior, and
the context in which the alleged incident(s) occurred. The school district’s responses can range
from school and community surveys, to mailings, to focus groups, to adoption of
research-based bullying prevention program models, to training for certificated
and non-certificated staff. The
district’s responses may also include participation of parent(s) or legal
guardian(s) and other community members and organizations, small or large group
presentations for fully addressing the actions and the school district’s
response to the actions, in the context of acceptable pupil and staff member
behavior and the consequences of such actions, and the involvement of law
enforcement officers, including school resource officers. The district will also make resources
available to individual victims of harassment, intimidation, and bullying,
including, but not limited to, school counseling services and environmental
modifications.
Reprisal or Retaliation
Prohibited
The Board prohibits reprisal
or retaliation against any person who reports an act of harassment,
intimidation, or bullying. The
consequence and appropriate remedial action for a person who engages in
reprisal or retaliation shall be determined by the Principal or designee after
consideration of the nature, severity and circumstances of the act, in
accordance with case law, Federal and State statutes and regulations and
district policies and procedures. The
consequences and appropriate remedial action for pupils will range from positive
behavior interventions up to and including suspension or expulsion. The consequences and appropriate remedial
action for employees will range from an admonishment to termination of
employment. The consequences and
appropriate remedial action for a volunteer will range from an admonishment to
dismissal from the volunteer position.
The consequences for visitors will range from an admonishment to loss of
visitation privileges. Examples of
consequences and remedial measures are listed in the Consequences and
Appropriate Remedial Actions section of this policy.
Consequences for False
Accusation
The Board prohibits any
person from falsely accusing another as a means of harassment, intimidation, or
bullying. Consequences and appropriate
remedial action for a pupil found to have falsely accused another as a means of
harassment, intimidation, or bullying may range from positive behavioral
interventions up to and including suspension or expulsion, as permitted under
N.J.S.A. 18A:37-1 et seq., Discipline of Pupils and as set forth in N.J.A.C.
6A:16-7.2, Short-term Suspensions, N.J.A.C. 6A:16-7, Long-term Suspensions and
N.J.A.C. 6A:16-7.5, Expulsions.
Consequences and appropriate
remedial action for a school employee found to have falsely accused another as
a means of harassment, intimidation, or bullying shall be in accordance with
district policies, procedures, and agreements.
Consequences and appropriate
remedial action for a visitor or volunteer found to have falsely accused
another as a means of harassment, intimidation, or bullying shall be determined
by the Principal or designee, after consideration of the nature, severity and
circumstances of the act, which may include a report to appropriate law
enforcement officials.
Policy Publication
This policy will be
disseminated annually to all school staff, pupils, parent(s) or legal guardian(s), along with a statement
explaining the policy applies to all applicable acts of harassment,
intimidation, or bullying that occur on school property, at school-sponsored
functions, or on a school bus. The
Superintendent shall ensure notice of this policy appears in any publication of
the school district that sets forth the comprehensive rules, procedures, and
standards for schools within the district, and in any pupil handbook that
includes the pupil code of conduct. This
notice shall also indicate the district’s Harassment, Intimidation, and
Bullying Policy is available on the district’s website.
Harassment, Intimidation,
and Bullying Prevention Programs
Pursuant to N.J.S.A.
18A:37-17.(5)(c) and N.J.A.C. 6A:16-7.9(d)1.i, information regarding the
district’s Harassment, Intimidation, and Bullying Policy shall be incorporated
into a school’s employee training program.
Pursuant to N.J.A.C. 6A:16-7.9(d)3, the district is
required to annually review the extent and characteristics of harassment,
intimidation, and bullying behavior in the schools of the district and
implement locally determined programmatic or other responses, if determined
appropriate by the district Board of Education.
Pursuant to N.J.A.C. 6A:16-7.9(d)1, the school district is required to
annually review the training needs of district staff for the effective
implementation of the Harassment, Intimidation, and Bullying Policy,
procedures, programs, and initiatives of the district Board of Education and
implement locally determined staff training programs consistent with the annual
review of training needs and the findings of the annual review and update of
the code of pupil conduct, pursuant to N.J.A.C. 6A:16-7.1(a)3,
as determined appropriate by the district Board of Education.
Pursuant to N.J.A.C. 6A:16-7.9(d)2, the school district is required to
develop a process for annually discussing the school district’s Harassment,
Intimidation, and Bullying Policy with pupils.
Pursuant to N.J.S.A.
18A:37-15.1, this policy shall be transmitted to the Executive County
Superintendent of Schools.
Pursuant to N.J.S.A.
18A:37-19, the school district may apply to the Commissioner of Education for
additional costs due to the implementation of the provisions of N.J.S.A.
18A:37-13 through N.J.S.A. 18A:37-18.
N.J.S.A. 18A:37-13 through
18A:37-19
N.J.A.C. 6A:16-7.9 et seq.
Adopted: 28 May 2005
Revised: 25 March 2009
24 March 2010