Harassment, Intimidation & Bullying

  • LEGAL DEFINITION OF HARASSMENT, INTIMIDATION OR BULLYING

    Definition from NJSA: 18A:37-14: "Harassment, intimidation or bullying" means any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identityand expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function, on a school bus, or off school grounds as provided for in section 16 of P.L.2010, c.122 (C.18A:37-15.3), that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that:
     

    a. a reasonable person should know, under the circumstances, 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 person or damage to his property;

    b. has the effect of insulting or demeaning any student or group of students; or

    c. 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.

    L.2002, c.83, s.2; amended 2007, c.129, s.1; 2010, c.122, s.11.

    IN ORDER TO HAVE HIB WE MUST HAVE THE FOLLOWING:
     
    1. MOTIVATION: Reasonably perceived as being motivated …by any…distinguishing characteristic AND

    2. NEXUS: Substantially disrupted or interfered with orderly operation of school or rights of other students AND

    3. HARM: One or more of the following:
    a. EXPECTATION OF HARM: Offender knew action would physically or emotionally harm victim or damage victim’s property OR

    b. EXPECTATION OF HARM: Victim feared physical or emotional harm or damage to personal property OR

    c. ACTUAL HARM: Insulted or demeaned student or group OR

    d. ACTUAL HARM: Created hostile educational environment by doing one or both of the following:
                                 i.      Interfering with student’s education OR
                                ii.      Severely or pervasively causing physical or emotional harm