HARASSMENT,
INTIMIDATION, AND BULLYING
Policy Statement
The Board of
Education prohibits acts of harassment, intimidation, or bullying of a
student. A
safe and civil environment in school is necessary for students to learn and
achieve high
academic standards. Harassment, intimidation, or bullying, like other
disruptive or
violent behaviors, is conduct that disrupts both a student’s ability to learn
and a school’s
ability to educate its students in a safe and disciplined environment.
Harassment,
intimidation, or bullying is unwanted, aggressive behavior that may
involve a real or
perceived power imbalance. Since students 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.
For the purposes
of this Policy, the term "parent," pursuant to N.J.A.C. 6A:16-1.3,
means
the natural
parent(s) or adoptive parent(s), legal guardian(s), foster parent(s), or parent
surrogate(s) of a
student. Where parents are separated or divorced, "parent"
means the
person or agency
which has legal custody of the student, as well as the natural or adoptive
parent(s) of the
student, provided such parental rights have not been terminated by a court
of appropriate
jurisdiction.
Harassment,
Intimidation, and Bullying Definition
“Harassment,
intimidation, or bullying” means any gesture, any written, verbal, or physical
act, or any
electronic communication, as defined in N.J.S.A. 18A:37-14, whether it be a
single incident or
a series of incidents that:
- Is reasonably
perceived as being motivated by either 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 by any other distinguishing
characteristic;
- Takes place
on school property, at any school-sponsored function, on a school bus, or
off school grounds, as provided for in N.J.S.A. 18A:37-15.3;
- Substantially
disrupts or interferes with the orderly operation of the school or the
rights of other students; and that
- A reasonable person should
know, under the circumstances, that the act(s) will have the effect of
physically or emotionally harming a student or damaging the student’s
property, or placing a student in reasonable fear of physical or emotional
harm to his/her person or damage to his/her property;
- Has the effect of insulting or
demeaning any student or group of students;
- Creates a hostile educational
environment for the student by interfering with a student’s education or
by severely or pervasively causing physical or emotional harm to the
student.
Schools are
required to address harassment, intimidation, and bullying occurring off school
grounds, when there is a nexus between the harassment, intimidation, and
bullying and the school (e.g., the harassment, intimidation, or bullying
substantially disrupts or interferes with the orderly operation of the school
or the rights of other students).
“Electronic
communication” means a communication transmitted by means of an electronic
device, including, but not limited to a telephone, cellular phone, computer, or
pager.
Student
Expectations
The Board expects
students to conduct themselves in keeping with their levels of
development,
maturity and demonstrated capabilities with proper regard for the rights and
welfare of other
students and school staff, the educational purpose underlying all school
activities and the
care of school facilities and equipment consistent with the Code of
Student Conduct.
The Board believes
that standards for student behavior must be set cooperatively through
interaction among the students, parents, school employees, school
administrators, school volunteers, and community representatives, producing an
atmosphere that encourages students 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 students, staff, and
community members.
Students are
expected to behave in a way that creates a supportive learning
environment. The Board believes the best discipline is self-imposed, and
it is the responsibility of staff to use instances of violations of the Code of
Student Conduct as opportunities to help students learn to assume and accept
responsibility for their behavior and the consequences of their behavior.
Staff members who interact with students shall apply best practices designed to
prevent student conduct problems and foster students’ abilities to grow in
self-discipline.
The Board
expects that students will act in accordance with the student behavioral
expectations and standards regarding harassment, intimidation, and bullying,
including:
1.
Student responsibilities (e.g., requirements for students to conform to
reasonable standards of socially accepted behavior; respect the person,
property and rights of others; obey constituted authority; and respond to those
who hold that authority).
2.
Appropriate recognition for positive reinforcement for good conduct,
self-discipline, and good citizenship;
3.
Student rights; and
4.
Sanctions and due process for violations of the Code of Student Conduct.
Pursuant to
N.J.S.A. 18A:37-15(a) and N.J.A.C. 6A:16-7.1(a)1, the district has involved a
broad-base of school and community members, including parents, students,
instructional staff, student support services staff, school administrators, and
school volunteers, as well as community organizations, such as faith-based,
health and human service, business and law enforcement, in the development of
this Policy. Based on locally determined and accepted core ethical values
adopted by the Board, pursuant to N.J.A.C. 6A:16-7.1(a)2, the Board must
develop guidelines for student conduct pursuant to N.J.A.C. 6A:16-7.1.
These guidelines for student conduct will take into consideration the
developmental ages of students, the severity of the offenses and students’
histories of inappropriate behaviors, and the mission and physical facilities
of the individual school(s) in the district. This Policy requires all
students in the district to adhere to the rules established by the school
district and to submit to the remedial and consequential measures that are
appropriately assigned for infractions of these rules.
Pursuant to
N.J.A.C. 6A:16-7.1, the Superintendent must annually provide to students and
their parents the rules of the district regarding student conduct.
Provisions shall be made for informing parents whose primary language is other
than English.
The district
prohibits active or passive support for acts of harassment, intimidation, or
bullying. Students are encouraged to support other students who:
- Walk away
from acts of harassment, intimidation, and bullying when they see them;
- Constructively
attempt to stop acts of harassment, intimidation, or bullying;
- Provide
support to students who have been subjected to harassment, intimidation,
or bullying; and
- Report acts
of harassment, intimidation, and bullying to the designated school staff
member.
Consequences and
Appropriate Remedial Actions
Consequences and
Appropriate Remedial Actions – Students
The Board of Education
requires its school administrators to implement procedures that ensure both the
appropriate consequences and remedial responses for students who commit one or
more acts of harassment, intimidation, or bullying, consistent with the Code of
Student Conduct. 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 students.
Appropriate
remedial action for a student who commits an act of harassment, intimidation,
or bullying that takes into account the nature of the behavior; the nature of
the student’s disability, if any, and to the extent relevant; the developmental
age of the student; and the student’s history of problem behaviors and
performance. The appropriate remedial action may also include a
behavioral assessment or evaluation including, but not limited to, a referral
to the Child Study Team as appropriate; and supportive interventions and
referral services, including those at N.J.A.C. 6A:16-8.