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