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THE ANTI-BULLYING BILL OF RIGHTS

THE ANTI-BULLYING BILL OF RIGHTS. PRESENTED AT MEMORIAL SCHOOL ON NOVEMBER 19, 2018 BY: ALLISON NESBIHAL PHONE: 732-264-5400 EXT:206 EMAIL: ANESBIHAL@UNIONBEACHSCHOOLS.ORG. THE ANTI-BULLYING BILL OF RIGHTS. ANTI-BULLYING COORDINATOR- KELLY SAVICKY

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THE ANTI-BULLYING BILL OF RIGHTS

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  1. THE ANTI-BULLYING BILL OF RIGHTS PRESENTED AT MEMORIAL SCHOOL ON NOVEMBER 19, 2018 BY: ALLISON NESBIHAL PHONE: 732-264-5400 EXT:206 EMAIL: ANESBIHAL@UNIONBEACHSCHOOLS.ORG

  2. THE ANTI-BULLYING BILL OF RIGHTS ANTI-BULLYING COORDINATOR- KELLY SAVICKY ANTI-BULLYING SPECIALIST- ALLISON NESBIHAL

  3. HIB: BREAKING IT DOWN • HIB definition: “ harassment, intimidation, or bullying” means any gesture, any written, verbal or physical act, or electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by an actual or perceived characteristic.

  4. HIB: BREAKING IT DOWN • An allegation can only be determined HIB when the statutory requirements of N.J.S.A. 18A:37-14 are met. • The following are required: • HIB can occur from a single incident or a series of incidents. • Mode of HIB (at least one of the following must be present to find HIB): • Verbal Communication, • Written Communication, • Electronic Communication, • Physical Act, or • Gesture.

  5. HIB: BREAKING IT DOWN • Reasonably Perceived as Being Motivatedby an Actual or Perceived Characteristic (at least one must be selected to find HIB): • • Race • Color • Religion • • Ancestry • National Origin • Gender • • Sexual Orientation • Gender identity or expression, • • Mental, Physical, or Sensory Disability • Other distinguishing characteristic.

  6. HIB: BREAKING IT DOWN • The ABR does not explain the meaning of a “distinguishing characteristic.” However, the dictionary defines the word “distinguished” as “… to perceive a difference in… to mark as separate or different.. To separate into kinds, classes, or categories… to set above or apart from others.. To single out..” The same dictionary defines the word “characteristic” as “ something that identifies a person or thing or class”

  7. HIB: BREAKING IT DOWN Other distinguishing characteristic may be : • Academically gifted children • Wearing glasses, hair color, hair style etc. • Socio-economic status • Physical size: height, weight • Athletic ability • Physical features • Children considered unfashionable • Children living in non-traditional families

  8. HIB: BREAKING IT DOWN • Impact (at least one must be present to find HIB): • Substantially disrupts or interferes with the orderly operation of the school – and/or– • Substantially disrupts or interferes with the rights of other students

  9. HIB: BREAKING IT DOWN • Additional Impact (at least one must be present to find HIB): • If the actions are such that a reasonable person should know, under the circumstances, will either: (1) have the effect of physically or emotionally harming a student; (2) damaging the student's property; OR (3) placing the student in reasonable fear of physical or emotional harm; OR • Has the effect of insulting or demeaning any student or group of students; OR • 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.

  10. HIB: BREAKING IT DOWN • It must take place on school property, at any school-sponsored function, on a school bus; or • Off school grounds- substantially disrupts or interferes with the orderly operations of the school or the rights of other students

  11. HIB: BREAKING IT DOWNUNDERSTANDING DIFFERENT TYPES OF BULLYING BEHAVIOR • Verbal- includes name calling, taunting, constant teasing or making threats • Physical- includes hitting, punching, shoving, spitting, or taking or damaging personal belongings • Psychological- includes spreading rumors, purposefully keeping people from activities and breaking up friendships or other relationships • Electronic- includes using the internet, mobile phone, or other electronic equipment to intentionally harm others

  12. HIB: BREAKING IT DOWN-SUMMARY • Bullying is an unwanted aggressive behavior that may involve a real or perceived imbalance of power • Bullying is motivated by either an actual or perceived characteristic • Bullying takes place on school property, at any school- sponsored function, on a school bus, or off school grounds as provided for in the N.J.S.A 18A:15.3 • Bullying substantially disrupts or interferes with the orderly operation of the school or the rights of students

  13. SUMMARY • Bullying has the effect of insulting or demeaning any student or group of students • A reasonable person should know under the circumstances that the act(s) will have the effect of physically or emotionally harming a student or damaging the student’s property, or placing the student in reasonable fear of physical or emotional harm to his/her person or damage to his/her property • Bullying 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

  14. HIB: BREAKING IT DOWN • HIB: TIMELINES

  15. REPORTING TIMELINES: N.J.S.A 18A:37-15 • STEP 1: The verbal report- All reports of HIB acts must be reported to the principal the same day the incident occurs when a school staff member, a contractor or a volunteer: • Personally witnesses an act of HIB or • Receives reliable information indicating that a HIB act occurred • Parents, students, and others may make verbal reports

  16. REPORTING TIMELINES: N.J.S.A 18A:37-15 • STEP 2: Parent Notification- As soon as possible following any verbal report of HIB to the principal, the principal or designee must inform parents of all suspected offenders and suspected student victims. Contact may be via phone, email or other form of communication.

  17. INVESTIGATING TIMELINES: N.J.S.A 18A:37-15 • STEP 3: The Investigation- one school day after receiving the verbal reports, the principal or the principal’s designee must start an investigation of the act. The school anti-bullying specialist conducts the investigation, in coordination with the principal. • Length of Investigation- The investigation should be completed as soon as possible, but must be completed no later than 10 school days from the date of the written report

  18. REPORTING TIMELINES: N.J.S.A 18A:37-15 • STEP 4: The Written Report- within two school days of the verbal report, the school employee, contractor, or volunteer must report the act of HIB in writing • The written report requirement does not apply to parents

  19. REPORTING TIMELINES: N.J.S.A 18A:37-15 • STEP 5: The Investigation Report- within two school days of the completion of the investigation, the results of the investigation must be reported to the superintendent • Amending the investigation report (depends on the facts)- if there is information related to the investigation that is received after the 10 school day deadline, the ABS may amend the original report to include the information. There is no deadline for making an amendment to the report. The district would make a decision on the way to respond to the additional information, depending on the facts.

  20. REPORTING TIMELINES: N.J.S.A 18A:37-15 • STEP 6: The CSA/Superintendent Actions – Based on the investigation report, the CSA (chief school administrator) may choose to take any one of the following additional actions • Impose discipline • Provide intervention services • Order counseling • Take any other actions necessary to address the incident or reduce HIB in schools

  21. REPORTING TIMELINES: N.J.S.A 18A:37-15 • STEP 7: The CSA/Superintendent’s Report to BOE – The CSA must report the results of the investigation and any actions taken to the board of education by its next meeting following the completion of the investigation.

  22. REPORTING TIMELINES: N.J.S.A 18A:37-15 • STEP 8: Information to the Parents- Within five school days after the results of the investigation have been reported to the BOE, the school district must provide the parents with the information about the investigation that is limited to the following • The type of investigation that was conducted • Whether or not the district found evidence of HIB, as defined by the ABR; and • Whether or not discipline was imposed or services were provided to address the HIB

  23. REPORTING TIMELINES: N.J.S.A 18A:37-15 • STEP 8: Information to the Parents- Limited Information and Student Privacy Laws • Due to student records and privacy laws and regulations, parents are only entitled to view their child’s educational records. This means a parent is not permitted to receive the entire HIB investigation report if it in any way would identify a student other than their own.

  24. REPORTING TIMELINES: N.J.S.A 18A:37-15 • STEP 9: Optional Hearing or Appeal- After receiving the information on the investigation parents have the right, but are not required, to request a hearing with the BOE if they are unsatisfied with the investigation findings or any other actions taken by the school. If the parent requests this hearing, it must be held within 10 days of the parents’ request.

  25. REPORTING TIMELINES: N.J.S.A 18A:37-15 • STEP 10: Board of Education Decision- At the BOE’s next meeting following the receipt of the CSA/ Superintendent’s report, the board must produce a decision, in writing. The decision must either uphold, reject or change the CSA’s decision.

  26. OTHER REPORTING OPTIONS • If at anytime parents have reason to believe their child’s school is not handling a possible act of bullying incident in line with the ABR or the BOE’s policies; they can contact the office of education in their county for assistance. The county office can investigate complaints of violations of the ABR or the board of education's HIB policies. A directory for county offices of education can be found on the NJDOE’s website.

  27. CONFLICT VS. BULLYING • Is it conflict or is it bullying? • All bullying is mean, but not all mean behavior is bullying

  28. CONFLICT VS. BULLYING CONFLICT • Conflict is a mutually competitive or opposing action or engagement, including a disagreement, an argument, or a fight which is a normal part of human development • Conflict is a disagreement, argument, fight or other action between people when they want different things and everyone is equally involved • Neither side usually enjoys the interaction • Strategies like mediation and conflict resolution are appropriate response to address conflict

  29. CONFLICT VS. BULLYING CONFLICT • Both sides are aggressive • Conflict has some level of mutuality, meaning all parties are on somewhat equal footing • Conflict usually arises in the moment • In many cases, not finding a distinguishing characteristic that motivated the conduct often results in a determination of conflict • Conflict is a natural part of human relationships and interactions among students

  30. CONFLICT SCENARIOS • Julie’s mother calls the school because she claims her daughter is being bullied, because Laura doesn’t want to be her daughter’s friend anymore. She goes on to say that Julie hasn’t been invited to a birthday party at Laura’s house and rarely talks to her anymore. Mom reports, “this situation has devastated Julie, she can’t do her school work.” • Explanation: The fact that one student doesn’t want to play with another student is not bullying. If there was a case where a student was trying to get others not to play with someone that could be bullying. If she was not invited to the party due to her ethnicity or religious views that would be bullying. In this case there is no distinguishing characteristic that has motivated this behavior, and there is not intent to cause physical or emotional harm.

  31. CONFLICT SCENARIOS • A senior student basketball player starts losing playing time to a freshman player. The senior starts blaming the team’s poor performance and record on the fact the freshman is playing more and tells the other boys the freshman is getting more playing time because the boy’s father is friends with the coach. • Explanation: There is no distinguishing characteristic that has motivated this behavior- playing more is not a distinguishing characteristic.

  32. CONFLICT SCENARIOS • During recess a large group of students are playing soccer. Members of both teams are playing rough and two students get into an argument about rules and the score of the game. • Explanation: Both side are equally involved and both sides are displaying aggressive behavior. There is no distinguishing characteristic that has motivated this behavior.

  33. BULLYING SCENARIOS • A student convinces another student or a group of students to tease another student based on his/her physical appearance. • A group of 6th grade girls call Sarah names, start rumors and encourage others not to be friends with her. • An African American boy is the target of repeated racist insults by a group of middle school students. He doesn't know how to react, starts staying away and has difficulty concentrating, which has negative consequences for his school results and his well-being. • A new student from Ireland enrolls in school.Upon starting, students begin to make fun of her accent and the color of her hair. They call her a leprechaun daily and threaten to beat her up.

  34. MAKING A HIB DETERMINATION • Does it meet the criteria?

  35. MAKING A HIB DETERMINATION • Motivation- the alleged act was motivated by a perceived or actual characteristic of protected class or by any other distinguishing characteristic, and • Location- the alleged HIB took place on school property, at a school-sponsored function, on a school bus, or off school grounds, as provided for in N.J.S.A 18A:37.3 • Disruption/Rights- the act substantially disrupted or interfered with the orderly operation of the school or the rights of students • Harm- a reasonable person should know under circumstance the act would have the effect of: • Physically or emotionally harming a pupil or damaging a student’s property , or placing a student in reasonable fear of harm • Insulting or demeaning any pupil or group of students • Creating a hostile environment for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student.

  36. HIB: BREAKING IT DOWN • Procedure/Investigation Cases

  37. HIB: BREAKING IT DOWNR.A ON BEHALF OF MINOR CHILD B.A VS. BOE OF THE TOWNSHIP OF HAMILTON JUNE, 2016 • The petitioner alleged there had been intermittent incidents involving a group of friends that B.A perceived to be harassment, beginning in 2013 when the girls were in 6th grade- after B.A was invited to a birthday party when the other friends were not. • The final incident took place in Jan. 2015 when B.A’s lunch bag was allegedly kicked out of the classroom by another student. • The district’s investigation was inconclusive as to the intent of the girls involved, there were no allegations of a distinguishing characteristic of B.A’s, either actual or perceived, that motivated the conduct of the girls. • The Administrative law judge stated a dispute between students such as a relationship falling apart between former friends, a fight over a piece of property, or some form of personal vendetta of one against another is not conduct based on a “ distinguishing characteristic” of the victim and thus, does not constitute a violation of the act. • The ALJ concluded the circumstances in this case showed personal conflict between B.A and the other girls. • The commissioner adopted the ALJ’s decision.

  38. HIB: BREAKING IT DOWNL.P AND H.P ON BEHALF OF MINOR CHILD L.P VS. BOE OF THE WEST MORRIS REGIONAL SCHOOL DISTRICT JULY 2016 • L.P (student) accidentally injured a teammate at practice and was allegedly chastised for the entire season by a fellow teammate (B.S) because of it. • After a full investigation, the district concluded there was no HIB because there was no distinguishing characteristic. • L.P’s parents appealed the decision, stating their child’s ability as a fencer was the distinguishing factor motivating B.S’s behavior. • The ALJ stated the dispute between students such as a relationship falling apart between former friends, a fight over a piece of property, or some form of personal vendetta of one against another is not conduct based on a “ distinguishing characteristic” of the victim. • The ALJ further explained the petitioner viewed the matters as constituting “bullying” under a more common place or lay meaning of the term, and that there might have been a clear demonstration of poor sportsmanship, but not a violation of the ABR. • The commissioner adopted the ALJ’s decision.

  39. HIB: BREAKING IT DOWNR.G.B ON BEHALF OF MINOR CHILD E.B VS. BOE OF THE VILLAGE OF RIDGEWOOD JUNE 2013 • Female middle school student reported to the ABS that a fellow male student called her names like “fat” and “horse.” • ABS concluded the male student’s conduct constituted HIB motivated by the student’s body image and appearance. • Parents of the male student argued the Board inappropriately applied the ABR. • ALJ indicated these comments resulted in the female student visiting the guidance counselor’s office very upset and distraught by the ongoing name calling.

  40. HIB: BREAKING IT DOWNR.G.B ON BEHALF OF MINOR CHILD E.B VS. BOE OF THE VILLAGE OF RIDGEWOOD JUNE 2013 • Upon comparing the facts to the legal definition of HIB, the ALJ concluded • The acts were motivated by the female student’s body image • The acts occurred on school property • The conduct substantially interfered with the rights of the female student, and • The comments would lead a reasonable person to know that repeatedly calling a teenage girl “fat” or “horse”, regardless of whether other students also called the girl by those names without objection, would have the effect of emotionally harming the female student. • Commissioner concurred with the ALJ upholding the Board’s determination that the student’s conduct constituted HIB as the student on more than one occasion called the female student “fat” or “horse.”

  41. HIB: BREAKING IT DOWNINVESTIGATIONS • The ABS should begin the investigation process upon receiving the verbal or written notification from the principal and begin the retention of records process regarding the incident: • Interview individuals: targets, offenders, bystanders, the individual making the report (when appropriate), and the involved key staff • Elicit specific facts about the incident • Explain the investigation process • Collect any evidence • Conclude the investigation when all fact finding has been completed and there is adequate information to make a determination

  42. HIB: BREAKING IT DOWN • Questions?

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