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,