District Policy on Harassment, Intimidation, Bullying, and Hazing (From the district Web site)


District Policy on Harassment, Intimidation, Bullying, and Hazing
The Board of Education is reviewing the following policy for adoption at its meeting on May 27, 2003:

The Board of Education prohibits acts of harassment, intimidation, bullying or hazing. The Board also prohibits active or passive support of any of these prohibited acts.

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 environment. 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, bullying or hazing.

Definitions

For purposes of this policy, “harassment, intimidation or bullying” mean any gesture or written, verbal or physical act that takes place on school property, at any school-sponsored function or on a school bus and that:
a. 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,
b. by any other distinguishing characteristic; and
c. a reasonable person should know, under the circumstances, that the act(s) will have
the effect of harming a student or damaging the student’s property; or
d. has the effect of insulting or demeaning any student or group of students in such a
way as to cause substantial disruption in, or substantial interference with, the orderly
operation of the school.

“Bullying” also means any repeated and intentional, aggressive physical, verbal or psychological act(s) that involves an imbalance of power of one student over another (not necessarily based on physical size), and is undertaken to cause a negative consequence for another student on school property, at any school-sponsored activity or on a school bus, including such actions as insulting, teasing, abusing verbally or physically, threatening, intimidating, humiliating, harassing, gossiping or spreading rumors about another student, and shunning or excluding another student.

“Hazing” means performing on or off school anyproperty any act, coercing another or attempting to coerce another to perform any act of initiation into any class, athletic team or any school organization that causes or creates a substantial risk of causing mental or physical harm. Permission, consent or assumption of risk by an individual subject to hazing shall not lessen the prohibitions contained in this policy.

Expected Behavior

The Board of Education expects students 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 students and school staff, the educational purpose underlying all school activities, and the care of school facilities and equipment.

The Board of Education believes that standards for student behavior must be set cooperatively through interaction among the students, parents/guardians, staff and community members, 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 district and community property on the part of students, staff and community members.

The Board of Education believes that the best discipline is self-imposed and that is the responsibility of staff to use disciplinary situations 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 discipline problems and encourage students’ abilities to grow in self-discipline.

The chief school administrator shall provide annually to students and their parents/guardians the rules of the district regarding student conduct, and the policy shall appear in all publications of the school district’s comprehensive rules, procedures, and standards of conduct, including the student handbook. Provisions shall be made for informing parents/guardians whose primary language is other than English.

Consequences for Committing Act(s) of Harassment, Intimidation, Bullying or Hazing

In determining the appropriate response to students who commit one or more acts of harassment, intimidation, bullying or hazing, school administrators should consider the following factors: the developmental and maturity levels of the parties involved, the levels of harm, the surrounding circumstances, the nature of the behaviors, past incidences or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Concluding whether a particular action or incident constitutes a violation of this policy requires a determination based on all of the facts and surrounding circumstances. It is only after meaningful consideration of these factors that an appropriate consequence should be determined, consistent with the case law, Federal and State statutes, regulations and policies, and district policies and procedures (Board Policy 5600, Pupil Discipline, and age-appropriate rules established at each school level). Consequences and appropriate remedial action for students who commit acts of harassment, intimidation, or bullying may range from positive behavioral interventions up to and including suspension or expulsion.

Reporting Complaints

At each school, the principal or the principal’s designee is responsible for receiving complaints alleging violations of this policy. All school employees are required to report alleged violations of this policy to the principal or the principal’s designee. All other members of the school community, including students, parents, volunteers and visitors, are encouraged to report any act that may be a violation of this policy. While submission of the report form is not required, the reporting party is encouraged to use the report form available from the principal of each building or available at the school district office. Oral reports also shall be considered official reports. Reports may be made anonymously, but formal disciplinary action may not be based solely on the basis of any anonymous report.

Investigating Complaints

The principal and/or principal’s designee is responsible for determining whether an alleged act constitutes a violation of this policy. In so doing, the principal and/or the principal’s designee shall conduct a prompt, thorough and complete investigation of the alleged incident.

Response to Incidents of Harassment, Intimidation, Bullying or Hazing

Some acts of harassment, intimidation, bullying or hazing may be isolated incidents requiring that the school respond appropriately to the individuals committing the acts. Other acts may be so serious or parts of a larger pattern of harassment, intimidation or bullying that they require a response either at the classroom, school building or school district levels or by law enforcement officials.

Consequences and appropriate remedial actions for students who commit an act of harassment, intimidation, or 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 and consistent with Board Policy 5600, Pupil Discipline. Prior to making any determination regarding discipline, the principal or principal’s designee shall ensure that the due process rights of students are safeguarded..

In considering whether a response beyond the individual level is appropriate, the administrator should consider the nature and circumstances of the act, the level of harm, the nature of the behavior, past incidences or past or continuing patterns of behavior, and the context in which the alleged incident(s) occurred. Institutional (i.e., classroom, school building, school district) 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, to participation of parents and other community members and organizations, to small or large group presentations for fully addressing the actions and the school’s response to the actions, in the context of the acceptable student behavior and the consequences for such actions and to involvement of law enforcement officers (in accordance with the memorandum of Agreement between Education and Law Enforcement Officials).

The chief school administrator/designee shall ensure that appropriate supports and assistance are provided to victims of harassment, intimidation, bullying or hazing.

Prohibition on Reprisal or Retaliations

The school district prohibits reprisal or retaliations against any person who reports an act of harassment, intimidation, bullying or hazing. The consequences and appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the administrator 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 Accusations

Consequences and appropriate remedial action for a student found to have falsely accused another as a means of harassment, intimidation or 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 as a means of harassment, intimidation or bullying shall be disciplined determined 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 means of harassment, intimidation, or bullying shall be determined by the school administrator after consideration of the nature and circumstances of the act, including report to appropriate law enforcement officials.

Policy Dissemination

The policy shall be disseminated annually to all school staff, students and parents, along with a statement explaining that it applies to all acts of harassment, intimidation or, bullying or hazing that occur on school property, at school-sponsored functions or on a school bus or hazing that occurs on or off school property. The chief school administrator shall develop an annual process for discussing the school district policy on harassment, intimidation, bullying and hazing with students.

Establishment of Bullying Prevention and Hazing Prevention Programs

Information regarding the district’s policy against harassment, intimidation, bullying and hazing shall be incorporated into a school’s employee training program.

The district and its schools are shall establish age appropriate bullying prevention and hazing prevention programs, and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement and community members.


The chief school administrator/designee shall:
1) provide training on the school district’s harassment, intimidation, bullying and
hazing policies to school employees and volunteers who have significant contact with students; and
2) develop a process for discussing the school district’s harassment, intimidation,
bullying and hazing policies with students.

Legal References

N.J.S.A. 18A:37-13 et seq.
N.J.S.A. 18A:37-1 et seq.
N.J.S.A. 18A:36-20
N.J.S.A. 18A:38-5.1
N.J.S.A. 10:5-1 et seq.
N.J.S.A. 2C:33-4
N.J.A.C. 6A:16-6.2
Saxe v. State College Area School District, 240 F.3d 200 (3rd Cir. 2001)
Davis v. Monroe County Board of Education 526 U.S. 629 (1999)
Memorandum of Ag