Policy
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, electronic, or physical act, or any electronic
communication, that takes place on school property, at any school-sponsored
function, on a school bus, when student are under school supervision “portal to
portal” 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
offending 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 a 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 the 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 Superintendent 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 situations; 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 Measure - Environmental
(Classroom,
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
officer, 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
measure may include, but not be limited to, in or out-of-school counseling,
professional development programs, and work environment modifications.
Reporting Procedures
Complaints alleging violations of this Policy
shall be reported to the Principal or designee.
All school employees as well as 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 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, to 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 for pupils will range from positive behavior interventions up
to and including suspension or expulsion. The consequences for employees will
range from an admonishment to termination of employment. The consequences for a
volunteer will range from an admonishment to dismissal from the volunteer
position.
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, 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)e 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 provision 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.
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