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5131 HARASSMENT, INTIMIDATION, AND BULLYING
Table of Contents
Section Section
Title
A. Policy Statement
B. Harassment, Intimidation, and
Bullying Definition
C. Pupil Expectations
D. Consequences and Appropriate
Remedial Actions
E. Harassment, Intimidation, and
Bullying Off School Grounds
F. Harassment, Intimidation, and
Bullying Reporting Procedure
G. Anti-Bullying Coordinator,
Anti-Bullying Specialist and School Safety Team(s)
H. Harassment, Intimidation, and
Bullying Investigation
I. Range of Responses to an
Incident of Harassment, Intimidation, and Bullying
J. Reprisal or Retaliation
Prohibited
K. Consequences and Appropriate
Remedial Action for False Accusation
L. Harassment, Intimidation, and
Bullying Policy Publication and Dissemination
M. Harassment, Intimidation, and
Bullying Training and Prevention Programs
N. Harassment, Intimidation, and
Bullying Policy Reevaluation, Reassessment and Review
O. Reports to Board of Education and
New Jersey Department of Education
P. Reports to Law Enforcement
Q. Collective Bargaining Agreements
and Individual Contracts
R. Pupils with Disabilities
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A. Policy Statement
The Wallkill Valley 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.
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 pupil. Where parents are separated or divorced,
"parent" means the person or agency which has legal custody of the pupil,
as well as the natural or adoptive parent(s) of the pupil, provided such
parental rights have not been terminated by a court of appropriate
jurisdiction.
B. 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:
1. 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
2. By any other distinguishing
characteristic; and that
3. 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, that substantially disrupts
or interferes with the orderly operation of the school or the rights of other
pupils; and that
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4. A reasonable person should know, under the circumstances,
that the act(s) will have the effect of physically or emotionally harming a
pupil or damaging the pupil’s property, or placing a pupil in reasonable fear
of physical or emotional harm to his/her person
or damage to his/her property; or
5. Has the effect of insulting or demeaning any pupil or group
of pupils; or
6. Creates a hostile educational environment for the pupil by
interfering with a pupil’s education or by severely or pervasively causing
physical or emotional harm to the pupil.
“Electronic communication” means
a communication transmitted by means
of an electronic device, including, but not limited to, a telephone, cellular
phone, computer, or pager.
C. Pupil Expectations
The Wallkill Valley Board of
Education expects pupils to conduct themselves in keeping with their levels of
development, maturity and demonstrated capabilities with 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, parents
school employees, school administrators, school volunteers, and community
representatives, 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.
Pupils 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 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 best practices designed to prevent
pupil conduct problems and foster pupils’ abilities to grow in self-discipline.
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The Wallkill Valley Board of
Education expects that pupils will act in accordance with the pupil behavioral
expectations and standards regarding harassment, intimidation, and bullying,
including:
1. Pupil responsibilities (e.g.,
requirements for pupils 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. Pupil rights; and
4. Sanctions and due process for
violations of the Code of Pupil Conduct.
Pursuant to N.J.S.A. 18A:37-15(a)
and N.J.A.C. 6A:16-7.1(a)1, the Wallkill Valley district has involved a broad-base of school and community members,
including parents, pupils, instructional staff, pupil 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 pupil conduct pursuant to N.J.A.C. 6A:16-7.1.
These guidelines for pupil conduct will take into consideration the developmental ages of pupils, the
severity of the offenses and pupils’ histories of inappropriate behaviors, and
the mission and physical facilities of the school. This Policy
requires all pupils in the district to adhere to the rules established by the Wallkill
Valley 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 pupils and their parents or
guardians the rules of the district regarding pupil conduct. Provisions shall be made for informing
parents or guardians whose primary language is other than English.
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The district prohibits active or
passive support for acts of harassment, intimidation, or bullying. Pupils are encouraged to support other pupils
who:
1.
Walk
away from acts of harassment, intimidation, and bullying when they see them;
2.
Constructively
attempt to stop acts of harassment, intimidation, or bullying;
3.
Provide
support to pupils who have been subjected to harassment, intimidation, or
bullying; and
4.
Report
acts of harassment, intimidation, and bullying to the designated school staff
member.
D. Consequences and Appropriate Remedial Actions
The Wallkill Valley 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), consider
the developmental ages of the pupil offenders and pupils’ histories of
inappropriate behaviors, per the Code of Pupil Conduct and
N.J.A.C. 6A:16-7.
Factors for Determining
Consequences
1. Age, developmental and maturity levels of the parties
involved and their relationship to
the school district;
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.
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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;
10. Academic performance; and
11. Relationship to pupils and the school
district.
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 situation; and
10. Family situation.
Consequences and appropriate
remedial action for a pupil or staff member who commits one or more acts of
harassment, intimidation, or bullying may range from positive behavioral
interventions up to and including suspension or expulsion of pupils, as set
forth in the Board’s approved Code of Pupil 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,
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and must be consistent with the Board’s approved Code of Pupil Conduct and N.J.A.C. 6A:16-7, Student
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, or 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. Reports to law enforcement or other legal
action;
10. Expulsion; and
11. Bans from providing services,
participating in school-district-sponsored programs, or being in school
buildings or on school grounds.
Examples of
Remedial Measures - Personal
1. Restitution and restoration;
2. Peer support group;
3. Recommendations of a pupil behavior or
ethics council;
4. Corrective instruction or other
relevant learning or service experience;
5. Supportive pupil interventions,
including participation of the Intervention and Referral Services Team,
pursuant to N.J.A.C.
6A:16-8;
6. Behavioral assessment or evaluation,
including, but not limited to, a referral to the Child Study Team, as
appropriate;
7. Behavioral management plan, with
benchmarks that are closely monitored;
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8. Assignment of leadership
responsibilities (e.g., hallway or bus monitor);
9. Involvement of school disciplinarian;
10. Pupil counseling;
11. Parent conferences;
12. Alternative placements (e.g., alternative
education programs);
13. Pupil
treatment; or
14. Pupil therapy.
Examples of
Remedial Measures – Environmental (Classroom, School Building or School
District)
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. Supervision of pupil before and after
school, including school transportation;
10. Targeted use of monitors (e.g., hallway,
cafeteria, locker room, playground, school
perimeter, bus);
11. Teacher aides;
12. Small or large group presentations for
fully addressing the behaviors and the responses to the behaviors;
13. General professional development programs
for certificated and non-certificated staff;
14. Professional development plans for
involved staff;
15. Disciplinary action for school staff who
contributed to the problem;
16. Supportive institutional interventions,
including participation of the Intervention and Referral Services Team,
pursuant to N.J.A.C.
6A:16-8;
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17. Parent
conferences;
18. Family
counseling;
19. Involvement
of parent-teacher organizations;
20. Involvement of community-based
organizations;
21. Development
of a general bullying response plan;
22. Recommendations
of a pupil behavior or ethics council;
23. Peer support groups;
24. Alternative placements (e.g., alternative
education programs);
25. School
transfers; and
26. Law enforcement (e.g., safe schools resource
officer, juvenile officer) involvement or other legal action.
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 of a pupil. The consequences
may include, but not be limited to, verbal or written reprimand, increment
withholding, legal action, disciplinary action, and/or termination. Remedial measures may include, but not be
limited to, in or out-of-school counseling, professional development programs,
and work environment modifications.
E. Harassment, Intimidation, and Bullying Off School Grounds
This Policy and the Code of Pupil
Conduct shall apply to instances when a school employee is made aware of
alleged harassment, intimidation, or bullying occurring off school grounds
when:
1. The alleged harassment, intimidation,
or bullying has substantially disrupted or interfered with the orderly
operation of the school or the rights of other pupils; and either
2. A reasonable person should know, under
the circumstances, that the alleged behavior will have the effect of physically
or emotionally harming a pupil or damaging the pupil’s property, or placing a
pupil in reasonable fear of physical or emotional harm to his/her person or
damage to his/her property; or
3. The alleged behavior has the effect of
insulting or demeaning any pupil or group of pupils; or
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4. The alleged behavior creates a hostile
educational environment for the pupil by interfering with a pupil’s education
or by severely or pervasively causing physical or emotional harm to the pupil.
F. Harassment, Intimidation, and Bullying Reporting Procedure
The Wallkill Valley Board of
Education requires the Principal at each school to be responsible for receiving
complaints alleging violations of this Policy.
All Board members, school employees, and volunteers and contracted
service providers who have contact with pupils are required to verbally report
alleged violations of this Policy to the Principal or the Principal’s designee
on the same day when the individual witnessed or
received reliable information regarding any such incident. All Board members, school employees, and
volunteers and contracted service providers who have contact with pupils, also
shall submit a report in writing to the Principal within two school days of the
verbal report. The Principal will inform
the parents of all pupils involved in alleged incidents, and, as appropriate,
may discuss the availability of counseling and other intervention services. The Principal, upon receiving a verbal or
written report, may take interim measures to ensure the safety, health, and
welfare of all parties pending the findings of the investigation.
Pupils, parents, and visitors are
encouraged to report alleged violations of this Policy to the Principal on the same day when the individual
witnessed or received reliable information regarding any such incident. Pupils, parents, and visitors may report an
act of harassment, intimidation, or bullying anonymously. Formal action for
violations of the Code of Pupil Conduct may not be taken solely on the basis of
an anonymous report.
A Board member or school employee
who promptly reports an incident of harassment, intimidation, or bullying 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.
In accordance with the provisions
of N.J.S.A. 18A:37-18, the harassment, intimidation, and bullying law does not
prevent a victim from seeking redress under any other available law, either
civil or criminal, nor does it create or alter any tort liability.
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The district may consider every
mechanism available to simplify reporting, including standard reporting forms
and/or web-based reporting mechanisms.
For anonymous reporting, the district may consider locked boxes located
in areas of a school where reports can be submitted without fear of being observed.
A school administrator who receives
a report of harassment, intimidation, and bullying from a district employee,
and fails to initiate or conduct an investigation, or who should have known of
an incident of harassment, intimidation, or bullying and fails to take
sufficient action to minimize or eliminate the harassment, intimidation, or
bullying, may be subject to disciplinary action.
G. Anti-Bullying Coordinator, Anti-Bullying Specialist and
School Safety Team(s)
1. The Superintendent shall appoint a
district Anti-Bullying Coordinator. The
Superintendent shall make every effort to appoint an employee of the school
district to this position.
The
district Anti-Bullying Coordinator shall:
a. Be
responsible for coordinating and strengthening the school district's policies
to prevent, identify, and address harassment, intimidation, or bullying of
pupils;
b. Collaborate with school Anti-Bullying
Specialist(s) in the district, the Board of Education, and the Superintendent
to prevent, identify, and respond to harassment, intimidation, or bullying of
pupils in the district;
c. Provide data, in collaboration with the
Superintendent, to the Department of Education regarding harassment,
intimidation, or bullying of pupils;
d.
Execute such other duties related to school
harassment, intimidation, or bullying as requested by the Superintendent; and
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e.
Meet at least twice a school year with the school Anti-Bullying
Specialist(s) to discuss and strengthen procedures and policies to prevent,
identify, and address harassment, intimidation, and bullying in the district.
2. The Principal in each school shall
appoint a school Anti-Bullying Specialist. When a school guidance counselor,
school psychologist, or another individual similarly trained is currently
employed in the school, the Principal shall appoint that individual to be the
school Anti-Bullying Specialist. If no
individual meeting this criteria is currently employed
in the school, the Principal shall appoint a school Anti-Bullying Specialist
from currently employed school personnel.
The school
Anti-Bullying Specialist shall:
a. Chair the School Safety
Team as provided in N.J.S.A.
18A:37-21;
b.
Lead the investigation of incidents of harassment,
intimidation, or bullying in the school; and
c.
Act as the primary school official responsible for
preventing, identifying, and addressing incidents of harassment, intimidation,
or bullying in the school.
3. A School Safety Team shall be formed to
develop, foster, and maintain a positive school climate by focusing on the
on-going, systemic process and practices in the school, and to address school
climate issues such as harassment, intimidation, or bullying. The School Safety Team shall meet at least
two times per school year. The School Safety
Team shall consist of the Principal or the
Principal’s designee who, if possible, shall be a senior administrator in the
school and the following appointees of the Principal: a teacher in the school;
a school Anti-Bullying Specialist; a parent of a pupil in the school; and other
members to be determined by the Principal.
The school Anti-Bullying Specialist shall serve as the chair of the
School Safety Team.
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The School Safety
Team shall:
a. Receive any complaints of harassment,
intimidation, or bullying of pupils that have been reported to the Principal;
b. Receive copies of any report prepared
after an investigation of an incident of harassment, intimidation, or bullying;
c. Identify and address patterns of
harassment, intimidation, or bullying of pupils in the school;
d. Review and strengthen school climate
and the policies of the school in order to prevent and address harassment,
intimidation, or bullying of pupils;
e. Educate the community, including
pupils, teachers, administrative staff, and parents, to prevent and address
harassment, intimidation, or bullying of pupils;
f. Participate in the training required
pursuant to the provisions of N.J.S.A. 18A:37-13 et seq. and other training
which the Principal or the district Anti-Bullying Coordinator may request;
g. Collaborate with the district
Anti-Bullying Coordinator in the collection of district-wide data and in the
development of district policies to prevent and address harassment,
intimidation, or bullying of pupils; and
h.
Execute such other duties related to harassment,
intimidation, or bullying as requested by the Principal or district
Anti-Bullying Coordinator.
The members of the
School Safety Team shall be provided professional development opportunities
that address effective practices of successful school climate programs or
approaches. Notwithstanding any
provision of N.J.S.A. 18A:37-21 to the contrary, a parent who is a member of
the School Safety Team shall not
participate in the activities of the team set forth in 3. a.,
b., or c. above or any other activities of the team which may compromise the
confidentiality of a pupil.
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H. Harassment, Intimidation, and Bullying Investigation
The Board requires a thorough and
complete investigation to be conducted for each report of an alleged incident
of harassment, intimidation, or bullying.
The investigation shall be initiated by the Principal or the Principal’s
designee within one school day of the verbal report of the incident. The investigation shall be conducted by the
school Anti-Bullying Specialist. The
Principal may appoint additional personnel who are not school Anti-Bullying
Specialists to assist the school Anti-Bullying Specialist in the investigation.
The investigation shall be completed and the written findings submitted to the Principal as soon as possible, but not later than ten school days from the date of the written report of the alleged incident of harassment, intimidation, or bullying. Should information regarding the reported incident and the investigation be received after the end of the ten-day period, the school Anti-Bullying Specialist or the Principal shall amend the original report of the results of the investigation to ensure there is an accurate and current record of the facts and activities concerning the reported incident.
The Principal shall proceed in accordance
with the Code of Pupil Conduct, as appropriate, based on the investigation
findings. The Principal shall submit the
report to the Superintendent within two school days of the completion of the
investigation and in accordance with the Administrative Procedures Act
(N.J.S.A. 52:14B-1 et seq.). As
appropriate to the findings from the investigation, the Superintendent shall
ensure the Code of Pupil Conduct has been implemented and provide intervention
services, order counseling, establish training programs to reduce harassment,
intimidation, or bullying and enhance school climate, or take or recommend
other appropriate action, as necessary.
The Superintendent shall report the results
of each investigation to the Board of Education no later than the date of the
regularly scheduled Board of Education meeting following the completion of the
investigation. The Superintendent’s
report also shall include information on any consequences imposed under the
Code of Pupil Conduct, intervention services provided, counseling ordered,
training established or other action taken or recommended by the
Superintendent.
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Parents of the pupils who are parties to the investigation shall be provided with information about the investigation, in accordance with Federal and State law and regulation. The information to be provided to parents or guardians shall include the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether consequences were imposed or services provided to address the incident of harassment, intimidation, or bullying. This information shall be provided in writing within five school days after the results of the investigation are reported to the Board of Education.
A parent or guardian may request
a hearing before the Board of Education after receiving the information. When a
request for a hearing is granted, the hearing shall be held within ten school
days of the request. The Board of Education shall conduct the hearing in
executive session, pursuant to the Open Public Meetings Act (N.J.S.A. 10:4-1 et
seq.), to protect the confidentiality of the pupils. At the hearing, the Board may hear testimony
from and consider information provided by the school Anti-Bullying Specialist
and others, as appropriate, regarding the alleged incident, the findings from
the investigation of the alleged incident, recommendations for consequences or
services, and any programs instituted to reduce such incidents, prior to
rendering a determination.
At the regularly scheduled Board
of Education meeting following its receipt of the report or following a hearing
in executive session, the Board shall issue a decision, in writing, to affirm,
reject, or modify the Superintendent’s decision. The Board’s decision may be appealed to the
Commissioner of Education, in accordance with N.J.A.C. 6A:3, Controversies and
Disputes, no later than ninety days after issuance of the Board of Education’s
decision.
A parent, pupil, legal guardian,
or organization may file a complaint with the Division on Civil Rights within
one hundred eighty days of the occurrence of any incident of harassment,
intimidation, or bullying based on membership in a protected group as
enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1
et seq.).
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I. Range of Responses to an Incident of Harassment,
Intimidation, or Bullying
The Board authorizes the
Principal, in conjunction with the Anti-Bullying Specialist, to define the
range of ways in which school staff will respond once an incident of
harassment, intimidation, or bullying is confirmed, and the Superintendent
shall respond to confirmed harassment, intimidation, and bullying, according to
the parameters described in this Policy.
The Board recognizes that some acts of harassment, intimidation, or
bullying may be isolated incidents requiring the school officials 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 they require a
response either at the classroom, school building or school district level or
by law enforcement officials.
Consequences and appropriate
remedial actions for a pupils who commits 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, school officials 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.
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 harassment, intimidation or 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 pupil and staff member behavior and the consequences
of such actions, and to the involvement of law enforcement officers, including
safe schools resource officers.
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For every incident of harassment,
intimidation, or bullying, the school officials must respond appropriately to the individual who
committed the act. The Board is
encouraged to set the parameters for the range of responses to be established
by the Principal and for the Superintendent to follow. The range of responses to confirmed
harassment, intimidation, or bullying acts should include individual,
classroom, school, or district responses, as appropriate to the findings from
each incident. Examples of responses
that apply to each of these categories are provided below:
1. Individual responses can include positive behavioral
interventions (e.g., peer mentoring, short-term counseling, life skills groups)
and punitive actions (e.g., detention, in-school or out-of-school suspension,
expulsion, law enforcement report, or other legal action).
2. Classroom responses can include class discussions
about an incident of harassment, intimidation or bullying, role plays, research
projects, observing and discussing audio-visual materials on these subjects,
and skill-building lessons in courtesy, tolerance, assertiveness, and conflict
management.
3. School responses can include theme
days, learning station programs, parent programs, and information disseminated to
pupils and parents or guardians, such as fact sheets or newsletters explaining
acceptable uses of electronic and wireless communication devices or strategies
for fostering expected pupil behavior.
4. District-wide responses can include
community involvement in policy review and development, professional
development programs, adoption of curricula and school-wide programs,
coordination with community-based organizations (e.g., mental health, health
services, health facilities, law enforcement officials, faith-based
organizations), and disseminating information on the core ethical values
adopted by the district Board of Education’s Code of Pupil Conduct, per
N.J.A.C. 6A:16-7.1(a)2.
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The district will identify a
range of strategies and resources, which could include, but not be limited to,
the following actions for individual victims: counseling; teacher aides;
hallway and playground monitors; schedule changes; before and after school supervision;
school transportation supervision; school transfers; and therapy.
J. Reprisal or Retaliation Prohibited
The Board prohibits a Board
member, school employee, contracted service provider who has contact with
pupils, school volunteer, or pupil from engaging in reprisal, retaliation, or false accusation against a
victim, witness, one with reliable information, or any other person who has
reliable information about an act of harassment, intimidation, or bullying or
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 administrator 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.
All suspected acts of reprisal or
retaliation will be taken seriously and appropriate responses will be made in
accordance with the totality of the circumstances. Examples of consequences and remedial
measures are listed in the Consequences and Appropriate Remedial Actions
section of this policy.
K. Consequences and Appropriate Remedial Action for False
Accusation
The Board prohibits any person
from falsely accusing another as a means of harassment, intimidation, or
bullying.
1. Pupils - Consequences and appropriate remedial action for a
pupil found to have falsely accused another as a means of harassment,
intimidation, or bullying or as a means of retaliation 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.
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2. School Employees - Consequences and appropriate remedial
action for a school employee or contracted service provider who has contact
with pupils found to have falsely accused another as a means of harassment,
intimidation, or bullying or as a means of retaliation could entail discipline
in accordance with district policies, procedures, and agreements which may
include, but not be limited to, reprimand, suspension, increment withholding,
or termination.
3. Visitors or Volunteers - Consequences and appropriate
remedial action for a visitor or volunteer found to have falsely accused
another as a means of harassment, intimidation, or bullying or as a means of
retaliation could be determined by the school administrator after consideration
of the nature, severity, and
circumstances of the act, including law enforcement reports or other legal
actions, removal of buildings or grounds privileges, or prohibiting contact
with pupils or the provision of pupil services.
L. Harassment, Intimidation, and Bullying Policy Publication
and Dissemination
This Policy will be disseminated annually by the Superintendent to all
school employees, contracted service providers who have contact with pupils,
school volunteers, pupils, and parents who have children enrolled in Wallkill
Valley Regional High School, along with a statement explaining the Policy applies to all acts of
harassment, intimidation, or bullying, pursuant to N.J.S.A. 18A:37-14 that
occur on school property, at school-sponsored functions, or on a school bus
and, as appropriate, acts that occur off school grounds.
The Superintendent shall ensure
that notice of this Policy
appears in the pupil handbook and all other publications of the school district
that set forth the comprehensive rules, procedures, and standards for schools
within the school district
The Superintendent shall post a link
to the district’s Harassment, Intimidation, and
Bullying Policy that is prominently displayed on the homepage of the school
district’s website. The district will
notify pupils and parents this Harassment, Intimidation, and Bullying Policy is
available on the school district’s website.
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The Superintendent shall post the
name, school phone number, school address, and school email address of the
district Anti-Bullying Coordinator on the home page of the school district’s
website. Each
Principal shall post the name, school phone number, address, and school email
address of both the Anti-Bullying Specialist and the district Anti-Bullying
Coordinator on the home page of the school’s website.
M. Harassment, Intimidation, and Bullying Training and
Prevention Programs
The Superintendent and
Principal(s) shall provide training on the school district’s Harassment,
Intimidation, and Bullying Policy to school employees, contracted service
providers, and volunteers who have significant contact with pupils. The training shall include instruction on
preventing bullying on the basis of the protected categories enumerated in
N.J.S.A. 18A:37-14 and other distinguishing characteristics that may incite
incidents of discrimination, harassment, intimidation, or bullying. The school district’s employee training
program shall include information regarding the school district’s Policy
against harassment, intimidation, or bullying, which shall be provided to
full-time and part-time staff members, contracted service providers, and school
volunteers who have significant contact with pupils.
Each public school teacher shall
be required to complete at least two hours of instruction in harassment,
intimidation, and bullying prevention in each professional development period
as part of the professional development requirement pursuant to N.J.S.A. 18:37-22.d.
The required two hours of suicide
prevention instruction for teaching staff members shall include information on
the relationship between the risk of suicide and incidents of harassment,
intimidation, or bullying in accordance with the provisions of N.J.S.A.
18A:6-112.
Board members shall be required
to complete a training program on harassment, intimidation, and bullying in
accordance with the provisions of N.J.S.A. 18A:12-33.
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The school district shall
annually observe a “Week of Respect” beginning with the first Monday in
October. In order to recognize the
importance of character education, the school district will observe the week by
providing age-appropriate instruction focusing on the prevention of harassment,
intimidation, and bullying as defined in N.J.S.A. 18A:37-14. Throughout the school year the district will
provide ongoing age-appropriate instruction on preventing harassment,
intimidation, or bullying, in accordance with the Core Curriculum Content
Standards, pursuant to N.J.S.A. 18A:37-29.
The school district will annually
establish, implement, document, and assess harassment, intimidation, and
bullying prevention programs or approaches, and other initiatives in
consultation with school staff, pupils, administrators, volunteers, parents or
guardians, law enforcement, and community members in accordance with the
provisions of N.J.S.A. 18A:37-17 et seq.
N. Harassment, Intimidation,
and Bullying Policy Reevaluation, Reassessment and Review
The Superintendent shall develop and implement a process for annually
discussing the school district’s Harassment, Intimidation, and Bullying Policy
with pupils.
The Superintendent and the
Principal(s) shall annually conduct a reevaluation, reassessment, and review of
the Harassment, Intimidation, and Bullying Policy, with input from the schools’
Anti-Bullying Specialists, and recommend revisions and additions to the Policy
as well as to harassment, intimidation, and bullying prevention programs and
approaches based on the findings from the evaluation, reassessment and review.
O. Reports to Board of Education and New Jersey Department of
Education
The Superintendent shall report
two times each school year at a public hearing all acts of harassment,
intimidation, and bullying in accordance with the provisions of N.J.S.A.
18A:17-46. The information shall also be
reported to the New Jersey Department of Education in accordance with N.J.S.A.
18A:17-46. The information reported
shall be used to grade each school and each district in accordance with the
provisions of N.J.S.A. 18A:17-46.
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The grade received by a school
and the district shall be posted
on the homepage of the school’s
website and the district’s website in accordance with the provisions of
N.J.S.A. 18A:17-46. A link to the report
that was submitted by the Superintendent to the Department of Education shall
also be available on the school district’s website. This information shall be posted on the
websites within ten days of receipt of the grade for each school and the district.
P. Reports to Law Enforcement
Some acts of harassment,
intimidation, and bullying may be bias-related acts and potentially bias crimes
and school officials must report to law enforcement officials either serious
acts or those which may be part of a larger pattern in accordance with the provisions
of the Memorandum of Agreement Between Education and
Law Enforcement Officials.
Q. Collective Bargaining Agreements and Individual Contracts
Nothing in N.J.S.A. 18A:37-13.1
et seq. may be construed as affecting the provisions of any collective bargaining
agreement or individual contract of employment in effect on the Anti-Bullying
Bill of Rights Act’s effective date (January 5, 2011). N.J.S.A. 18A:37-30.
R. Pupils with Disabilities
Nothing contained in N.J.S.A.
18A:37-13.1 et seq. may alter or reduce the rights of a pupil with a disability
with regard to disciplinary actions or to general or special education services
and supports. N.J.S.A. 18A:37-32.
The school district shall submit
all subsequent amended Harassment, Intimidation, and Bullying Policies to the
appropriate Executive County Superintendent of Schools within thirty days of
Board adoption.
N.J.S.A. 18A:37-13 through 18A:37-32
N.J.A.C. 6A:16-7.1 et seq.; 6A:16-7.9 et seq.
Adopted: July 26, 2011