AR Handbook – 81 Based on the increase in reported cases of child abuse, school employees conduct is being carefully scrutinized. Members are encouraged to use discretion when working with students and in the implementation of disciplinary techniques. In situations where allegations of child abuse are brought against a school employee, the individual should contact his/her NJEA UniServ office for assistance immediately. While DCP&P investigators are authorized by law to conduct investigations in schools, NJEA maintains that they are criminal investigations and that no employee should respond to questioning without legal representation. Such representation is available through your NJEA UniServ Office. NJEA believes you are entitled to due process. Should members be questioned about a colleague’s conduct, they are encouraged to refuse comment on any and all child abuse allegations without representation. NJEA is aware of the inconsistent practices employed by DCP&P investigators statewide. Violation of the confidentiality requirements is a major concern. NJEA and other educational organizations are working together in an attempt to bring about positive changes in the system. Local associations should: • review local policy on child abuse. • inform members of all statutory and local requirements. • provide members with assistance in securing legal representation. • review the corporal punishment statute with members. • review the local discipline policy and ensure administrative support in disciplining students. • provide training for members. • maintain a file on severe discipline problems. REMEMBER – All allegations concerning child abuse should be reported to your NJEA UniServ office immediately. 18A:60-7a Alleged child abuse, neglect by school employee; no use if unfounded. When a complaint made against a school employee alleging child abuse or neglect is investigated by the Division of Child Protection and Permanency (DCP&P), the division shall notify the school district and the employee of its findings. Upon receipt of a finding by the division that such a complaint is unfounded, the school district shall remove any references to the complaint and investigation by the division from the employee’s personnel records. A complaint made against a school employee that has been classified as unfounded by DCP&P, shall not be used against the employee for any purpose relating to employment, including but not limited to, discipline, salary, promotion, transfer, demotion, retention or continuance of employment, termination of employment or any right or privilege relating to employment. Anti-Bullying Bill of Rights Act Highlights The N.J. Legislature enacted the “Anti Bullying Bill of Rights Act,” NJSA 18A:37-13 et seq., in 2011. In it, the Legislature “finds and declares that: 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; and 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 or bullying.” Despite the fact that there are no specific provisions stating that the Act applies to prohibit employees of a school district from engaging in harassment, intimidation or bullying, by practice and through the Department of Education’s model policy, the Department makes clear that it considers the provisions of 18A:37-15b4 as prohibiting staff members as well as students from committing such acts of harassment, intimidation or bullying. Under the Act’s provisions, a board must adopt an anti-bullying policy. School employees, including the designated representatives of school employees, must be included in its formation. It is posited that the provisions of such policies are negotiable, as well as the discipline and contractual due process protections for staff members upon receiving a charge. Information about an investigation of a member can be revealed to parents and guardians, unless it can be shown to be confidential. Members accused of harassment, intimidation and/or bullying have the right to information that is relevant and will be useful to the representative in carrying out her/his statutory representation of the member. NJSA 18A:37-14 defines harassment, intimidation or bullying as follows: “Harassment, intimidation or bullying” means any gesture, any written, verbal or physical act, or any electronic communication,
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