Barnabas Health Institute for Prevention

Bullying: Breaking the Trend

Presented by:Connie Greene MA, CAS, CPS, CSW

&Bob Goldschlag J.D., C.C.M.www.instituteforprevention.com

732 914-3815©

Harassment, Intimidation or Bullying (HIB) Defined

WHAT, WHERE & HOW

• WHAT was the motive?

• WHERE did it take place?

• HOW was the target effected?

Harassment, Intimidation or Bullying (HIB)

(What was the motive) 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: NJSA 18A:37-14 (2)

• Race• Color• Religion• Ancestry• National Origin• Gender• Sexual Orientation

• Gender Identity & Expression

• Mental, Physical or Sensory Disability

• Or any other distinguishing characteristic

NJSA 18A:37-14 (2)

Examples of HIB Characteristics

Motive—Power & Control(Not in the Statute)

• School Districts may add “power and control over another” to its definition of HIB

Model Policy and Guidance, Part 4, Section 2, pg. 11 http://www.state.nj.us/education/parents/bully.htm

Where Did it Take Place?

The incident can take place on school property, at any school-sponsored function, on a school bus or off school grounds that substantially disrupts or interferes with the orderly operation of the school or the rights of other students…

NJSA 18A:37-14 (2)

And any one of the following:(How was the Target effected?)

1. 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.

OR2. Has the effect of insulting or demeaning any student or group of students.

OR3. Creates a hostile educational environment for the student.

OR4. By interfering with a student’s education or by severely or pervasively

causing physical or emotional harm to the student.

pg 10, lines 9-22

HIB Continued

Nothing contained in the Anti-Bullying Bill of Rights Act shall alter or reduce the rights of a student with a disability with regard to disciplinary actions or to general or special educational services and supports.

NJSA 18A:37-32 (30)

Code of Conduct• Conduct which shall constitute good cause

for suspension or expulsion of a pupil guilty of such conduct shall now include harassment, intimidation and bullying.

NJSA 18A:37- 2 (k)

• A public institution of higher education shall adopt a policy to be included in its student code of conduct prohibiting harassment, intimidation, or bullying.

NJSA 18A:3B-68 (28)(a)

Policy/Procedure• A school district’s policy on HIB

shall include provisions for appropriate responses to HIB that occur off school grounds in cases in which a school employee is made aware of such actions. NJSA 18A:37-15

• Provides a detailed procedure that must be included in each district’s policy concerning the investigation of incidents of HIB NJSA 18A:37-15

A school employee or contracted service provider must notify a principal verbally the day of the incident and file a written report with the school principal within two days of observing or being made aware of an act of HIB

NJSA 18A:37-15 (3)

HIB incident occurs

School Employee or Contracted

Service Provider

Principal

Superintendent

Board of Education

ABS

Parents

NJSA 18A:37-15 (3)

Investigation Timeline

• On day of occurrence:– Verbal report to principalprincipal on same day as when

witnessed or reliable information is given– Principal notifies parents/guardians of all students

involved– Principal may discuss counseling or other interventions

• Within two days of occurrence:– Witness gives school principal a written report

• Within one day of receipt of written report:– Principal initiates investigation through ABS

(principal may appoint additional personnel to assist in the investigation)

• Within 10 days of receipt by principal of written report:– ABS must complete investigation– Report can be amended after 10 day period if additional

information had been anticipated

• Within 2 days after investigation is completed– Report given to Superintendent

• Superintendent must report the results of investigation no later then the date of the next Board of Ed. Meeting

• Within 5 days after results of investigation is reported to the Board Superintendent shall give written report to parents

• Parents may request a hearing with the Board and hearing shall be held within 10 days of parents’ request (in executive session)

• Board must issue written report to affirm, reject or modify at next Board meeting

• Board’s decision may be appealed to Commissioner of Education within 90 days of Board’s decision

• Parents may file a complaint with Division of Civil Rights within 180 days of occurrence

NJSA 18A:37-15

A school administrator who fails to initiate or conduct an investigation of an incident, or who should have known of an incident and fails to take action, is subject to discipline

NJSA 18A:37-16 (4)(d)

The Department of Education, in consultation with the Division of Civil Rights in the Dept. of Law and Public Safety shall develop a guidance document for use by parents/guardians, students and school districts to assist in resolving complaints concerning student harassment, intimidation or bullying behaviors.

NJSA 18A:37-24 (21)

The document shall include best practices for the prevention, intervention, and remediation of harassment, intimidation or bullying in schools, including methods to identify and assist student populations at high risk for harassment, intimidation or bullying.

NJSA 18A:37-24 (21)

Department of Education

Department of Education

The Commissioner of Education shall establish a formal protocol pursuant to which the office of the executive county superintendent of schools shall investigate a complaint that documents an allegation of a violation… by a school district located within the county, when the complaint has not been adequately addressed on the local level.

NJSA 18A:37-25 (22)

Reprisals and Retaliation

A member of the board of education, school employee, student or volunteer shall not engage in reprisal, retaliation or false accusation against a victim, witness or one with reliable information about an act of HIB NJSA 18A:37-16 (4)

Responsibility

A member of a board of education, school employee, contracted service provider, student or volunteer who has witnessed, or has reliable information that a student has been subject to HIB shall report the incident to the appropriate school official designated by the school district’s policy NJSA 18A:37-16 (4)(b)

Immunity

• “Promptly” reporting to the appropriate school official designated by the District policy, ‘or to any school administrator or safe schools resource officer’ shall result in immunity from civil liability.

NJSA 18A:37-16 (4)(c)

The Department of Education will create the “Bullying Prevention Fund” to be used to fund grants to school districts to provide training on HIB prevention and on effective means to create a positive climate NJSA 18A:37-28

Bullying Prevention Fund

Superintendent

• The superintendent of schools shall report to the Board of Education and Department of Education twice a year…at a public hearing all acts of violence, vandalism and HIB NJSA 18A:37-15

• The superintendent in each school district shall appoint a district anti-bullying coordinator and sets forth responsibilities of that individual

NJSA 18A:37-20 (17)

• Provide data, in collaboration with the superintendent of schools, to the Department of Education regarding HIB of students NJSA 18A:37-20 (17)

• Execute such other duties related to school HIB as requested by the superintendent of schools NJSA 18A:37-20 (17)

The Anti-Bullying Coordinator shall

The Anti-Bullying Coordinator shall

• Be responsible for coordinating and strengthening the school district’s policies to prevent, identify, and address harassment, intimidation, and bullying of students NJSA 18A:37-20 (17)(b)

• Collaborate with school anti-bullying specialists in the district, the board of education, and the superintendent of schools to prevent, identify, and respond to HIB of students in the district

NJSA 18A:37-20 (17)(b)

Provides that the principal in each public school shall appoint the currently employed school guidance counselor, school psychologist or another similarly trained individual as the school anti-bullying specialist. NJSA 18A:37-20 (17)

Anti-BullyingSpecialist

The Anti-Bullying Specialist shall

• Chair the school safety team

• Lead the investigation of incidents of HIB in the school

• Act as the primary school official responsible for preventing, identifying and addressing incidents of HIB in the school

NJSA 18A:37-20 (17)

School Safety Team

Each district shall form a school safety team in each school to foster and maintain a positive school climate and shall meet at least two times a year.

NJSA 18A:37-21

School Safety Team

A school safety team shall consist of the principal or his 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 student in the school•Other members to be determined by the principal

NJSA 18A:37-21

• Receive complaints of HIB of students that have been reported to the principal

• Receive copies of any report prepared after an investigation of an incident of HIB

• Identify and address patterns of HIB of students in the schools

• Review and strengthen school climate and the policies of the school in order to prevent and address HIB of students

NJSA 18A:37-21

School Safety Team

School Safety Team• Educate the community, including students, teachers,

administrative staff and parents to prevent and address harassment, intimidation or bullying of students.

• Shall be provided professional development opportunities that address effective practices of successful school climate programs or approaches

• Participate in the training required pursuant to the provisions the principal or the district anti-bullying coordinator may request

NJSA 18A:37-20 (21)

• 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 HIB of students

• Execute such other duties related to HIB as requested by the principal or district anti-bullying coordinator

NJSA 18A:37-20 (21)

• Protect the privacy rights of students by limiting the participation of parent members of school safety teams to the activities of the team which do not involve confidential matters involving students. NJSA 18A:37-20 (21)

School Safety Team

Schools

• Requires school districts to establish bullying prevention programs or approaches which shall be designed to create school-wide conditions to prevent and address HIB.

NJSA 18A:37-17

• Designates the week beginning with the first Monday in October of each year as a “Week of Respect” and requires the school district observe the week by providing age-appropriate instruction focusing on preventing HIB

NJSA 18A:37-29 (26)

Training 2012-2013

• All candidates for school administrator or teacher certification will be required to complete a program on harassment, intimidation or bullying. NJSA 18A:37-20 (17) & NJSA 18A37-22

• School board members within one year of being newly elected or appointed or being re-elected or reappointed shall receive training on HIB. NJSA 18A:12-33 (13) (a)

Training

The training course for Safe Schools Resource Officers and public school employees assigned by the board of education to serve as a school liaison to law enforcement shall include training in the protection of students from HIB, including incidents which occur through electronic communication.

NJSA 18A:12-33

Suicide Prevention

• Training on Harassment, Intimidation and Bullying (HIB) be a part of the training required for public school staff members in suicide prevention.

• The instruction in suicide prevention shall include information on the relationship between the risk of suicide and incidents of HIB and information on reducing the risk of suicide in students who are members of communities identified as having members at high risk of suicide.

NJSA 18A:6-112 (2)

Employment

Adds a conviction of “bias intimidation” to the list of crimes for which a person may be disqualified for employment in a school.

NJSA 18A:6-7 (2)

Nonpublic Schools

Includes a provision that encourages nonpublic schools to comply with the “Anti-Bullying Bill of Rights Act”

NJSA 18A:37-31

School Report Card

• Includes data identifying the number and nature of all reports of HIB

• The report will be used to grade schools and districts in their efforts to implement policies and programs consistent with the “Anti-Bullying Bill of Rights Act”

NJSA 18A:7E-3 (10)

Scenarios

John is on the on the varsity football team. When he walks down the hallway between classes, he expects everyone to step out of his way. If any student refuses to step aside, he pushes them away and keeps walking. 

If these are the only facts known to the ABS after an investigation, should the ABS conclude that John engaging in “HIB” as it is defined in the Anti-Bullying Bill of Rights?

Scenarios continued:Scott is a Caucasian student at Everything is Wonderful Here High School in New Jersey. A teacher has reported to the principal that she heard a rumor that Scott was in a fight in the school parking lot with Archon, an African American student and reports it to the principal as a possible HIB incident. The principal refers the matter to the school Anti-Bullying Specialist to investigate. The ABS speaks to both Scott and Archon. They admit that they had a fight but offer no explanation of why. The ABS speaks to several students who say they also heard the rumor about the fight but have no first hand knowledge or other information.

  Has Scott engaged in “HIB” as it is defined in the Anti-Bullying Bill of Rights?

Scenarios continued:

Assume the same facts as Scenario Two except that the investigation disclosed that two days before the fight between Scott and Archon, Scott was assaulted and robbed by two African American men (neither of whom was Archon). On the morning of the fight between Scott and Archon, Scott told one of his friends that he was going to get even for what had been done to him.

  Would your answer be the same?

Scenarios continued:On Friday nights many of the students at “Not Us Middle School” in New Jersey hang out at The Cool Kids Coffee House located in town, about five miles from the school. At the beginning of the school year, Shirley, who had recently moved into the neighborhood, went to the coffee house in the hope of meeting some new friends. When she got there she saw several of the boys and girls pointing at her and whispering. When she went over to them they called her “carrot top” and turned their backs on her. She ran home and went into her room and would not answer her mother’s questions about what was wrong.

Over the weekend her mother found her in the bathroom attempting to color her hair.

Is Shirley the victim of HIB?

• On Monday Shirley pretended to be sick and refused to go to school. On Tuesday she returned to school. Over the next few weeks her grades began to decline and she stopped doing her homework.

• Is your answer the same?

Scenario•  As a fourth-grader at “Paradise School”, Robert was taunted with homosexual

epithets such as “gay,” “homo,” and “fag.” The harassment increased in regularity and severity as Robert advanced through school. He was subjected to harassment almost daily, which escalated. Initially, the school’s response to reported incidents was to talk to the students about their inappropriate behavior and to warn them of future consequences if the behavior continued. Eventually, as the harassment continued, discipline ranged from detention to suspension of repeat offenders and counseling for first-time offenders. Robert was forced to miss school days following several of these incidents, a result of his fear and humiliation from the harassment.

•     The District employed “progressive discipline” when addressing peer discrimination and harassment. First-time offenders were counseled by school officials; a second transgression earned disciplinary “points;” and a third offense could result in discipline. By way of comparison, if a student was more than one-minute late for class, the student received three “points” and a detention.

• Was Robert subjected to HIB?• If Robert’s parents brought a civil lawsuit could they recover monetary

damages?• What should a School Safety Team do when these fact are brought to their

attention?

THATS ALL FOLKS