Policy
5512.02 CYBER-BULLYING
Policy Statement
A safe
and civil environment in school is necessary for pupils to learn and achieve
high academic standards. Cyber-bullying
by a pupil in the district directed toward another school district pupil or
school staff member is conduct that disrupts both a pupil’s ability to learn
and a school’s ability to educate its pupils in a safe environment.
The Board
of Education prohibits acts of cyber-bullying by school district pupils through
the use of any school district owned, operated, and supervised
technologies. The Building Principal or
designee may report allegations of cyber-bullying to law enforcement
authorities.
Definitions
“Cyber-Bullying”
is the use of electronic information and communication devices, to include but
not be limited to, e-mail messages, instant messaging, text messaging, cellular
telephone communications, internet blogs, internet
chat rooms, internet postings, and defamatory websites, that:
1. Deliberately
threatens, harasses, intimidates an individual or group of individuals; or
2. Places
an individual in reasonable fear of harm to the individual or damage to the
individual’s property; or
3. Has
the effect of substantially disrupting the orderly operation of the school.
“School
district owned, operated, or supervised technologies” is any computer,
networking system, electronic equipment, or any other equipment or device that
may be used by a person to communicate to another which is owned, leased,
operated, or under the control or supervision of the school district and/or
school district staff
Reporting
Procedure and Investigation
Any pupil
or school staff member who believes he/she has or is being subjected to
cyber-bullying, as well as any person who has reason to believe a pupil or
school staff member has knowledge or reason to believe another pupil or school
staff member is being subjected to or has been subjected to cyber-bullying
shall immediately make a report to the Building Principal or designee.
The
Building Principal or designee shall investigate all reports of such
conduct. If the investigation results
indicate cyber-bullying was not committed, the Building Principal or designee
will inform the affected parties of the investigation results. In the event the investigation results
indicate cyber-bullying was committed by a school district pupil on school
grounds and/or using school district technologies, the pupil will be subjected
to appropriate discipline.
In the
event the investigation results indicate cyber-bullying was committed by a
school district pupil using non-school district technologies away from school
grounds, the Building Principal or designee may report the investigation
results to local law enforcement. In
addition, school authorities have the right to impose a consequence on a pupil
for conduct away from school grounds, including on a school bus or at a
school-sponsored function pursuant to N.J.A.C.6A:16-7.6. This authority shall be exercised only when
it is reasonably necessary for the pupil’s physical or emotional safety,
security, and well-being or for reasons relating to the safety, security, and
well-being of other pupils, staff, or school grounds, pursuant to N.J.S.A.
18A:25-2 and 18A:37-2. This authority
shall be exercised only when the conduct, which is the subject of the proposed
consequence, materially and substantially interferes with the requirements of
appropriate discipline in the operation of the school. Consequences shall be handled in accordance
with Policy and Regulation 5600, N.J.A.C. 6A:16-7.1, and as appropriate, in
accordance with N.J.A.C. 6A:16-7-2, 6A:16-7.3, or 6A:16-7.5.
Any
investigation regarding an allegation of cyber-bullying will provide all
parties the appropriate due process rights, including the right to appeal the
determination of the Building Principal or designee as outlined in Regulation
5512.
Discipline
and Consequences
Some acts
of cyber-bullying may be isolated incidents requiring the school district to
respond appropriately to the individual committing the acts. Other acts may be so serious or part of a
larger pattern of cyber-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 cyber-bullying
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. In addition, cyber-bullying using district
technology violates Policy 2361 – Acceptable Use of Computer Network/Computer
and Resources and subjects the pupil to discipline and sanctions of Policy and
Regulation 2361.
Prevention
and intervention techniques to prevent cyber-bullying and to support and
protect victims shall include appropriate strategies and activities as
determined by the Building Principal or designee.
Reprisal
or Retaliation Prohibited
The
school district prohibits reprisal or retaliation against any person who
reports an act of cyber-bullying. The
consequence and appropriate remedial action for a person who engages in
reprisal or retaliation shall be determined by the Building Principal or
designee after consideration of the nature and circumstances of the act, in
accordance with case law, Federal and State statutes and regulations, and
district policies and procedures.
Consequences
for False Accusation
Consequences
and appropriate remedial action for a pupil found to have falsely accused
another of an act of cyber-bullying 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.
Consequences
and appropriate remedial action for a school employee found to have falsely
accused another of an act of cyber-bullying shall be disciplined in accordance
with district policies and procedures.
Policy
Publication
This
Policy will be disseminated annually to all school staff, pupils, and parent(s)
or legal guardian(s).
Adopted: 11 December 2006