Harassment, Intimidation or Bullying policy




  • Harassment, Intimidation or Bullying policy

    District Anti-Bullying Coordinator: Michele Mendenhall
    HIB Specialist: Niphon Kirk
    Phone Number: 856.546.4850

    The Lawnside Borough Board of Education believes that an effective instructional program requires an orderly school environment and that the effectiveness of the educational program is, in part, reflected in the behavior of students.
    The board of education expects students to conduct themselves in keeping with their level of maturity, with a proper regard for the rights and welfare of other students, for school personnel, for the educational purpose underlying all school activities, and for the care of school facilities and equipment.
    The board of education believes that standards of student behavior must be set cooperatively by interaction among the students, parents/guardians, staff and community, producing an atmosphere that encourages students to grow in self-discipline. Such an atmosphere must include respect for self and others, as well as for district and community property.
    This board policy shall be aligned with the board approved code of student conduct which establishes standards, policies and procedures for positive student development and student behavioral expectations on school grounds, including on a school bus or at school sponsored functions. The chief school administrator has the right and authority to impose a consequence on a student for conduct away from school grounds that is consistent with the board's approved code of student conduct, pursuant to N.J.A.C. 6A:16-7.1 and N.J.A.C. 6A:16-7.6.
    This authority shall be exercised only when it is reasonably necessary for the student's physical or emotional safety, security and well-being or for reasons relating to the safety, security and well-being of other students, staff or school grounds, pursuant to N.J.S.A. 18A:25-2 and 18A:37-2 or when the conduct which is the subject of the proposed consequence materially and substantially interferes with the requirements of appropriate discipline in the operation of the school. The board shall direct development of detailed regulations suited to the age level of the students and the physical facilities of the school.
    Board policy requires each student of this district to adhere to the rules and regulations established by the administration and to submit to such disciplinary measures as are appropriately assigned for infraction of those rules. The chief school administrator shall provide to students and their parents/guardians the rules of this district regarding student conduct and the sanctions that may be imposed for breach of those rules. Provisions shall be made for informing parents/guardians whose primary language is other than English.
    The standards and procedures to implement this policy shall be aligned with the board approved code of student conduct and accepted board approved core ethical values. Policies, standards and procedures shall be based on parent, student and community involvement which represents, where possible, the composition of the school and community, in accordance with N.J.A.C. 6A:16-7.1.
    Pupils are required to conform to reasonable standards of socially acceptable behavior; respect the person, property and rights of others; obey constituted authority and respond to those who hold that authority.
    The chief school administrator shall establish the degree of order necessary to the educational program in which students are engaged.
    This policy shall be reviewed annually and updated along with the code of student conduct. This process shall include:
    A. Parent, student and community involvement which represents, where possible, the composition of the school and community;
    B. Consideration of the findings of the annual reports of student conduct, suspensions and expulsions; and incidences reported under the Electronic Violence and Vandalism Reporting System.
    The chief school administrator shall annually:
    A. Disseminate the code of student conduct to all staff, students and parents;
    B. Report on the implementation of the code of student conduct to the board of a education at a public meeting in accordance with N.J.A.C. 6A:16-7.1(a) 5, i-iv; and
    C. Report to the New Jersey Department of Education on student conduct, including all student suspension and expulsion and incidences reported under the Electronic Violence and Vandalism Reporting System.
    Pupils who display chronic behavioral or academic problems may be referred to the child study team by the chief school administrator for an evaluation to determine disability or the need for other services. Such referrals shall be in strict accordance with the due process regulations prescribed by the administrative code. Pupils so identified shall be provided with appropriate programs and services as prescribed by the child study team.
    A student whose presence poses a continuing danger to persons or property, or an ongoing threat of disrupting the academic process, may be suspended in accordance with N.J.A.C. 6A:16-7.1 and N.J.A.C. 6A:16-7.3 or expulsion in accordance with N.J.A.C. 6A:16-7.5, following due process. However, one incident alone is not sufficient cause for an expulsion.
    Any student who commits an assault (as defined by N.J.S.A. 2C:12-1) upon a board member, teacher, administrator or other employee of the board of education shall be suspended from school immediately according to procedural due process, and suspension in accordance with N.J.A.C. 6A:16-7.1 and N.J.A.C. 6A:16-7.3 or expulsion in accordance with N.J.A.C. 6A:16-7.5. However, one incident alone is not sufficient cause for an expulsion. Proceedings shall begin no later than 30 calendar days from the date of the student's suspension.
    Substance Abuse
    In accordance with statute and code, penalties shall be assigned for use, possession and distribution of proscribed substances and drug paraphernalia. The penalties shall be graded according to the severity of the offense in accordance with policy 5131.6 Substance Abuse. Infractions shall be reported to the local law enforcement agency in accordance with the district's memorandum of agreement. Confidentiality shall be protected in accordance with federal and state law.
    Weapons Offenses
    Any student who is convicted or adjudicated delinquent for possession of a firearm or a crime while armed with a firearm or found knowingly in possession of a firearm on any school property or on a school bus or at a school-sponsored function shall be immediately removed from the school's regular education program for a period of not less than one calendar year. The chief school administrator may modify this suspension on a case-by-case basis. Each student so removed shall be placed in an alternative educational program or on home instruction pending alternative education program placement and shall be entitled to a hearing before the board. The hearing shall take place no later than 30 days following the day the student is removed from the regular education program and shall be closed to the public.
    The principal shall be responsible for the removal of such students and shall immediately report them to the chief school administrator. The principal shall also notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of Criminal Justice. The chief school administrator shall determine at the end of the year whether the student is prepared to return to the regular education program, in accordance with N.J.A.C. 6A:16-5.5(i).
    Teaching staff members and other employees of this board having authority over students shall take such lawful means as may be necessary to control the disorderly conduct of students in all situations and in all places where such students are within the jurisdiction of this board.
    Harassment, Intimidation or Bullying
    The board expects all students to treat each other with civility and respect and not to engage in behavior that is disruptive or violent. This type of behavior interferes with a student's ability to learn and a school's ability to educate its students in a safe environment. Therefore, the school district will not tolerate acts of harassment, intimidation or bullying.
    The board prohibits acts of harassment, intimidation or bullying against any student.
    "Harassment, intimidation or bullying" is defined as any gesture, any written, verbal or physical act, or any electronic communication that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, gender, a mental, physical or sensory disability, sexual orientation, gender identity or expression, national origin or ancestry, or by any other distinguishing characteristic, that takes place on school grounds, at any school-sponsored function or on a school bus and that:
    A. A reasonable person should know, under the circumstances, will have the effect of harming a student or damaging the student's property, or placing a student in reasonable fear of harm to his/her person or damage to his/her property; or
    B. Has the effect of insulting or demeaning any student or group of students in such a way as to cause substantial disruption in, or substantial interference with, the orderly operation of the school.
    "Electronic communication" means a communication that is transmitted by means of an electronic device, including, but not limited to a telephone, cellular phone, computer, or pager, that takes place on school grounds, at any school-sponsored function or on a school bus.
    Consequences and Remedial Measures for Acts of Harassment, Intimidation or Bullying
    Pupils
    Consequences and remedial measures for a student who commits an act of harassment, intimidation or bullying shall be varied and graded according to the nature of the behavior, the developmental age of the student and the student's history of problem behaviors and performance. Consequences shall be consistent with the board approved code of student conduct and N.J.A.C. 6A:16-7. Consequences and remedial measures shall be designed to:
    A. Correct the problem behavior;
    B. Prevent another occurrence of the problem;
    C. Protect and provide support for the victim of the act; and
    D. Take corrective action for documented systemic problems related to harassment, intimidation or bullying.
    Consequences and appropriate remedial actions for a student who commits an act of harassment, intimidation or bullying may range from positive behavioral interventions up to and including short and long-term suspension or expulsion, as permitted by law. The consequences and remedial measures may include, but are not limited to:
    A. Consequences
    1. First offense:
    a. Parent/guardian conference;
    b. 2 general detentions.
    2. Second offense:
    a. Parent/guardian conference;
    b. In-school or out-of school suspension for 1 to 10 days;
    c. Referral to the guidance counselor.
    3. Third offense:
    a. Parent/guardian conference;
    b. 1 to 5 days out of school suspension;
    c. Administrative hearing;
    4. Any severe incident of harassment, intimidation and bullying may include the following actions from first offense on:
    a. In school or out of school suspension;
    b. Legal action for serious and/or persistent problems; and
    c. Expulsion.
    B. Remedial measures shall be determined at the parent/guardian conference and may include:
    1. Personal action such as a letter of apology;
    2. Restitution and restoration;
    3. Corrective instruction or other relevant learning or service experience;
    4. Referral to the guidance counselor for:
    a. Behavioral assessment or evaluation, including, but not limited to, a referral to the child study team, as appropriate;
    b. Behavioral management plan, with benchmarks that are closely monitored;
    c. Student counseling;
    d. Referral to a community agency for treatment or therapy.
    C. Environmental (Classroom, School Building or School District)
    1. School culture change;
    2. School climate improvement;
    3. Adoption of research-based, systemic bullying prevention programs;
    4. School policy and procedures revisions;
    5. Modifications of schedules;
    6. Adjustments in hallway traffic;
    7. Supervision of students before and after school;
    8. Targeted use of monitors (e.g., hallway, cafeteria, locker room, playground, school perimeter, bus);
    9. Teacher aides;
    10. Small or large group presentations for fully addressing the behaviors and the responses to the behaviors;
    11. General professional development programs for certificated and non-certificated staff;
    12. Professional development plans for involved staff;
    13. Disciplinary action for school staff who contributed to the problem;
    14. Supportive institutional interventions, including participation of the intervention and referral services team;
    15. Involvement of parent-teacher organizations;
    Classified students are subject to the same disciplinary procedures as nondisabled students and may be disciplined in accordance with their IEP. However, before disciplining a classified student, it must be determined that:
    A. The student's behavior is not primarily caused by his/her educational disability;
    B. The program that is being provided meets the student's needs.
    Staff
    Consequences and appropriate remedial actions for any staff member who commits an act of harassment, intimidation or bullying may range from positive behavioral interventions up to disciplinary charges which could result in suspension or termination. The consequences and remedial measures may include, but are not limited to:
    A. Consequences
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