What is Harassment, Intimidation or Bullying? - West Essex ...

Table of ContentsPage 1Page 2Page 3Page 4Page 5Page 6Page 7Page 8Page 9Pages 10‐11Page 11Page 12Page 13Page 14‐15IntroductionTable of contentsOverview of the New Jersey Anti‐Bullying Bill of RightsDefinitionTypes of BullyingReporting incidents of BullyingInvestigating complaintsPublic Reporting ResponsibilitiesTrainingSchool Safety TeamMiscellaneousTeacher ResponsibilitiesTimeline of Responsibilities ChartReporting Form2

New Jersey Anti‐Bullying Bill of Rights ActOverviewThis law takes effect for the 2011-2012 school year and can be found in its 22 pageentirety at http://www.njleg.state.nj.us/2010/Bills/AL10/122_.PDFThe law states, “It is the intent of the Legislature in enacting thislegislation to strengthen the standards and procedures for preventing,reporting, investigating, and responding to incidents of harassment,intimidation, and bullying of students that occur in school and off schoolpremises.” This law was overwhelmingly passed by the New JerseyLegislature in November 2010 and signed into law by Governor Christie onJanuary 5, 2011 in part due to the following findings:1. A 2009 study by the United States Departments of Justice and Education,“Indicators of School Crime and Safety,” reported that 32% of studentsaged 12 through 18 were bullied in the previous school year. The studyreported that 25% of the responding public schools indicated thatbullying was a daily or weekly problem.2. 2009 study by the United States Centers for Disease Control andPrevention, “Youth Risk Behavior Surveillance,” reported that thepercentage of students bullied in New Jersey is one percentage pointhigher than the national median.3. In 2010, the chronic persistence of school bullying has led to 26 studentsuicides across the country, including in New Jersey.This Act mandates that school districts address harassment, intimidation andbullying through a number of different avenues, from the hiring and training ofemployees to the investigation and handling of harassment complaints.This Act also adds a conviction of “bias intimidation” to the list of crimes that maydisqualify someone from employment in a public school.3

What is Harassment, Intimidation or Bullying?"Harassment, intimidation or bullying" means any gesture, any written, verbal or physical act, orany electronic communication whether it be a single incident or a series of incidents, that isreasonably perceived as being motivated either by any actual or perceived characteristic, suchas:-race- color-religion-ancestry-national origin-gender-sexual orientation-gender identity and expression-mental, physical or sensory [handicap] disability- any other distinguishing characteristic – i.e. skin pigmentation, acne, ears, etc.Where can the bullying take place and stillfall under the school district’s jurisdiction?1. On school grounds2. Any school- sponsored function3. On a school bus4. Off school groundsAs long as the bullying substantially disrupts or interferes with the orderly operation of theschool or the rights of other students and that:1. Reasonable person should know it will have an effect of causing physical oremotional harm to student’s person or property2. Has effect of insulting or demeaning any student or group of students OR3. Creates hostile educational environment by interfering with student’s education orby severely or pervasively causing physical or emotional harm to student.This law gives schools a wide scope of behavior that we ought not only investigate, but we arenow legally mandated to do so by strict protocol.4

Types of BullyingOften time’s victims endure the result of multiple types of bullying. While NewJersey now defines bullying as a single incident or series of incidents, the hallmarkof bullying is its repetitive nature. Here are a number of types to look out for:1. Direct verbal aggression2. Indirect verbal aggression3. Written Aggression4. Physical Aggression5. Property Damage6. Psychological/emotional aggression7. Social/relational aggression/social exclusion8. Bias-based bullying9. Sexual harassment10. Hazing11. Cyber-bullying-Cyber-bullying is a relatively new challenge for schools‐1 in 5 teens have experienced cyber bullying‐ Most common in middle school‐less than 25% of students tell any adult about it‐ Difficult for kids to escape it – they see it even on their computer in their room at home‐ can include social exclusion as a form‐ Social media outlets such as Facebook and Twitter are the most common places currently for cyberbullying‐Video http://www.youtube.com/watch?v=nbGIwCJK7FM Joe’s Storyo This is a very well made cyber bullying teaching tool – especially at the middleschool levelHere are links to some major social media bullying pages for more information:www.facebook.com/cyberbullyingresearchwww.twitter.com/onlinebullyingwww.youtube.com/user/cyberbullyresearchhttp://www.cyberbullying.us/5

Reporting Incidents of HIBDistricts are now mandated to formulate a procedure for the reporting of an act ofharassment, intimidation, or bullying. The reports may even be filed anonymously.Districts must also adopt their own policy on HIB. This policy must be annuallyre-evaluated and a revised copy must be sent to the county superintendent within30 days.West Essex has extensive information on HIB and our own policy at:http://www.westex.org/23441062131434167/site/default.aspReporting Procedure:1. All acts of HIB must be reported verbally to the school principal on the sameday when the school employee or service provider witnessed or received“reliable information” regarding any such incident.The people who are responsible to report this include just about anyone who comes incontact with students such as:a. Teachers and coachesb. Administratorsc. Secretariesd. Custodial staffe. Food service providersf. Bus driversg. Board of Education Members2. A written report must be submitted to the school principal within two days.3. The principal must inform the parents or guardians of all students involvedin the alleged incident promptly. He or she may discuss the availability ofcounseling services.6

Investigating Procedure:Investigating HIB1. An investigation must be initiated by the principal or the principal’sdesignee within one school day of the report which must be conducted bythe school anti-bullying specialist and concluded not later than ten schooldays from the report of the incident.2. The results of the investigation must be reported to the superintendent ofschools within two school days of the completion of the investigation.3. The results of the investigation must be reported to the Board of Educationno later than the date of the next Board of Education meeting followingcompletion of the investigation.4. The superintendent may decide to provide intervention services, establishtraining programs to reduce HIB, impose discipline, or order counseling as aresult of the findings of the investigation.5. The families of the students who are parties to the investigation are entitledto receive information about the investigation in writing within five schooldays of the report to the Board of Education. A hearing may be requested bythe parent that must be held in executive session within ten days of therequest.6. The Board of Education must issue a written decision at its next meeting.This decision will affirm, reject, or modify the superintendent’srecommendation.7. The Board of Education’s decision may be appealed to the Commissioner ofEducation within 90 days.8. Civil Rights Complaint may be filed by parents with the NJ Division onCivil Rights within 180 calendar days.7

Public Reporting Requirements1. Data identifying number and nature of all reports of HIB must be included inschool district and school report cards.2. Names and contact information of all appointed anti-bullying specialists andthe coordinator must be denoted on the home page of the district website.These specialists must undergo training from the department of Education.3. HIB reports must be added to the violence and vandalism reporting and mustbe discussed at least two public hearings a year. This report must be postedon the district’s website. Schools will be graded on their Anti-bullyingefforts and those results must be posted on the website within 10 days.4. The link to the district HIB policy must be prominently displayed on thewebsite home page and must also be distributed to parents on an annualbasis.8

Training Requirements1. All public school teaching staff must undergo at least two hours of suicideprevention training. This training will include instruction on the relationshipbetween the risk of suicide and incidents of HIB. It will also help to target atrisk populations.2. Within one year after being newly elected or appointed or being re-electedor re-appointed to the board of education, a board member shall complete atraining program on harassment, intimidation, and bullying in schools,including a school district’s responsibilities. A board member shall berequired to complete the program only once.3. Beginning in the 2012-2013 school year all traditional route candidates forteaching certificates must have satisfactorily completed a HIB preventionprogram.4. Beginning in the 2011-2012 school year any person seeking certificationthrough the alternate route must, within one year of being employed,satisfactorily complete a HIB prevention program.5. Beginning in the 2012-2013 school year all candidates for administrativeand supervisory certificates must have satisfactorily completed a HIBprevention program.6. The district policy should be included in our training of all full and parttime employees, volunteers with student contact, and those contractedto provide services to students.9

School Safety TeamThe purpose is to develop, foster, and maintain a positive school climate byfocusing on on‐going practices such as HIB.Anti‐Bullying Specialist – one per schoolThe principal in each school in a school district shall appoint a school anti-bullyingspecialist. When a school guidance counselor, school psychologist, or anotherindividual similarly trained is currently employed in the school, the principal shallappoint that individual to be the school anti-bullying specialist. The school antibullyingspecialist shall:(1) Chair the school safety team(2) Lead the investigation of incidents of harassment, intimidation, andbullying in the school(3) Act as the primary school official responsible for preventing, identifying,and addressing incidents of harassment, intimidation, and bullying in the school.High School – Mr. Anthony EmeringMiddle School – Mrs. Lisa TamburriAnti‐Bullying Coordinator – one per district Mr. Derek SicaThe superintendent of schools shall appoint a district anti-bullying coordinator.The district anti-bullying coordinator shall:(1) Be responsible for coordinating and strengthening the school district’spolicies to prevent, identify, and address harassment, intimidation, and bullying ofstudents;(2) Collaborate with school anti-bullying specialists in the district, the boardof education, and the superintendent of schools to prevent, identify, and respond toharassment, intimidation, and bullying of students in the district;(3) Provide data to the Department of Education regarding harassment,intimidation, and bullying of students;10

(4) Execute such other duties related to school harassment, intimidation, andbullying as requested by the superintendent of schools.The district anti-bullying coordinator shall meet at least twice aschool year, once in the first semester and once in the second semester, with theschool anti-bullying specialists to discuss and strengthen procedures and policies toprevent, identify, and address harassment, intimidation, and bullying in the district.The School Safety Team must work to educate the community.Also, any parent member will not participate in activities that may compromiseconfidentiality of a student.Week of RespectBegins First Monday of October for character educationMust focus on age‐appropriate instruction focusing on preventing HIBFunding for HIB Prevention TrainingThe state has set up a fund for monies set aside for training in this area. Schooldistricts can apply for a grant.11

Teacher ResponsibilitiesThe law states: “Any school employee observing or having direct knowledge from a participantor victim of an act of violence shall, in accordance with standards established by thecommissioner, file a report describing the incident to the school principal in a manner prescribedby the commissioner, and copy of same shall be forwarded to the district superintendent.”A member of a board of education or a school employee who promptly reports an incident ofharassment, intimidation or bullying, to the appropriate school official designated by theschool district's policy, or to any school administrator or safe schools resource officer, and whomakes this report in compliance with the procedures in the district's policy, is immune from acause of action for damages arising from any failure to remedy the reported incident.Therefore, you should report suspected Harassment, Intimidation, or Bullying to the Principal thesame day you become aware of it.What to look out for-when to report:Remember- Bullying can be a single incident or a series of incidents1. Pushing or other physical aggression-Even if this is not your student and you see them in the halls it is best to report it-Hall cameras can be used to verify participants, aggressors, and victims2. If you reasonably perceive that a student is being picked on because of their race,gender, ethnicity, distinguishing physical characteristic, etc., and you believe it maycause physical or emotional harm or damage the student’s property3. If you reasonably believe that a student fears for their safety or the safety of theirproperty.4. If you confiscate a cell phone and notice something inappropriate on it (do not searchthe cell phone) bring the cell phone directly to the principal. Examples may be lewdphotos, sexting, etc.12

ProfessionalWitnessingthe Act1. Verbal Reportto Principal –same day2. Written Reportto Principal –within two (2)daysPrincipal Superintendent Board ofEd.1. Must initiateinvestigation withinone (1) school day2. Investigation mustbe conducted bydesignated antibullyingspecialistand be concludednot later than ten(10) days of thewritten report3. Must promptlyinform parents orguardians of allstudents involved4. Results must bereported to theSuperintendentwithin two (2) schooldays of thecompletion of theinvestigation1. Results of investigationmust be reported to theBOE no later than thedate of the next BOEmeeting followingcompletion of theinvestigation.2. The superintendentmay decide to provideintervention services,establish trainingprograms to reduce HIB,impose discipline, ororder counseling as aresult of the findings ofthe investigation.1. The Board ofEducation must issuea written decision atits next meeting.This decision willaffirm, reject, ormodify thesuperintendent’srecommendation.2. The families of thestudents who areparties to theinvestigation areentitled to receiveinformation aboutthe investigation inwriting within five(5) school days ofthe report to theBoard of Education.A hearing may berequested by theparent that must beheld in executivesession within ten(10) days of therequest.Commissionerof EducationParents mayappeal the Boardof Education’sdecision to theCommissioner ofeducation within90 daysNJDivisionon CivilRightsParentsmay fileCivil RightsComplaintwithin 180calendardays13

Report of Harassment, Intimidation and/or Bullying (HIB)Directions: The West Essex Regional School District recognizes that harassment, intimidation and bullying are serious offenses that will notbe tolerated. If you are a student victim, the parent/guardian of a student victim, or a close adult relative of a student victim and wish toreport an incident of alleged harassment, intimidation and/or bullying, please complete this form and return it to the school principaland/or the school’s Anti‐Bullying Specialist.Today’s Date: ________________Person Reporting Incident:Date(s) of Incident(s): _________________________________Name: ____________________________________________________________Telephone: ________________________Address: ____________________________________________________________________________________________________Please Check One of the Following to Describe Yourself:Student Victim Information: Please fill out asmuch information as possible.Name: ____________________________________________________________Telephone: ________________________Address: ____________________________________________________________________________________________________Grade Level: ________________School: ______________________________________________________Alleged Offender(s) Information: Please fill out as much information as possible.Attach a separate sheet if necessary.NameAgeSchoolIncident(s) Information: Please fill out asmuch information as possible.Where did the incident(s) occur? (Check all that apply.)14

Place check the statement(s) that best describe what happened. (Check all that apply.) Hitting, kicking, shoving, spitting, hair pulling, or throwing something at the student Getting another person to hit or harm the student Teasing, name calling, making critical remarks of, or threatening (in person or by other means) of the student Demeaning the victim and making him/her the victim of jokes Making rude and/or threatening gestures to the student Excluding or rejecting the student Intimidating, extorting or exploiting the student Spreading harmful rumors or gossip about the student Unsolicited or inappropriate physical contact toward the student, including that of a sexual nature Other: _______________________________________________________________________________________________What did the alleged offender(s) say or do? (Please use as much detail as possible. Attach a separate sheet if necessary.)________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Where did the harassment/bullying occur? (Attach a separate sheet if necessary.)________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________For how long has the harassment/bullying been occurring? (Attach a separate sheet if necessary.)________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Has any physical injury resulted from this/these incidents?If yes, what were the injuries that required medical treatment? (Attach a separate sheet if necessary.)________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Signature: _____________________________________________ Date: ________________________PLEASE RETURN THIS COMPLETED FORM TO THE SCHOOL PRINCIPAL OR TO THE SCHOOL’S ANTI‐BULLYING SPECIALIST.West Essex High School Juliann Hoebee, Acting WEHigh School Principal Anthony Emering, WEHS Anti‐Bullying SpecialistWest Essex Middle School David Montgomery, WEMiddle School Principal Lisa Tamburri, WEMS Anti‐Bullying Specialist15