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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 identity and 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. NJSA 18A:37-15(a) requires every school district to adopt a policy prohibiting harassment, intimidation or bullying on school property, at a school sponsored function or on a school bus. A school district is required to adopt the policy “through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators and community representatives.” 82 – AR Handbook NJSA 18A:37-15(b) provides that as school district shall have local control over the content of the policy, except that the policy shall contain, at a minimum, the following components: 1. a statement prohibiting harassment, intimidation or bullying of a student; 2. a definition of harassment, intimidation or bullying no less inclusive than that set forth in section 2 of P.L. 2002, c. 83 (C.18A:37-14); 3. a description of the type of behavior expected from each student; 4. consequences and appropriate remedial action for a person who commits an act of harassment, intimidation or bullying; 5. a procedure for reporting an act of harassment, intimidation or bullying, including a provision that permits a person to report an act of harassment, intimidation or bullying anonymously; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report; 6. a procedure for prompt investigation of reports of violations and complaints (minimum procedural components are then described thereunder), 7. the range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified; 8. a statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation; 9. consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of harassment, intimidation or bullying; 10. a statement of how the policy is to be publicized, including notice that the policy applies to participation in schoolsponsored functions; and 11. a requirement that the policy be posted on the school district’s website and distributed annually to parents and guardians who have children enrolled in a school in the school district. NJSA 18A:37-15b.(5) provides that as to the obligation to report incidents of harassment, intimidation or bullying every Board policy must provide: All acts of harassment, intimidation, or bullying shall be reported verbally to the school principal on the same day when the school employee or contracted service provider witnessed or received reliable information regarding any such incident. The principal shall inform the parents or guardians of all students involved in the alleged incident, and may discuss, as appropriate, the availability of counseling and other intervention services. All acts of harassment, intimidation, or bullying shall be reported in writing to the school principal within two school days of when the school employee or contracted service provider witnessed or received reliable information that a student had been subject to harassment, intimidation, or bullying (emphasis added); NJSA 18A:37-15b.(6)(a) provides that every Board policy must state that “the investigation shall be ini


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