Harassment, Intimidation, & Bullying (HIB) Reporting and Investigatory Requirements

1. Harassment, Intimidation, & Bullying (HIB)Reporting and Investigatory Requirements Michael B. Greene, Ph.D. Principal Greene Consulting mbgchef@gmail.com

2. HIB Reporting & Investigatory RequirementsAre Based Upon NJ’s Anti-Bullying Bill of Rights ActNJ Department of Education 2011 Model Policy/GuidanceNJ’s Law Against DiscriminationMemoranda of AgreementNJ Department of Education Regulations NJ Department of Education Administrative CodeRelevant Federal Regulations & Guidance

3. Presentation Does not Cover: The Nature and Content of Required PoliciesTraining Requirements Prevention and Intervention Programs Additional Requirements of the Anti-bullying Law

4. Definition of HIB Any gesture, any written, verbal or physical act, or any electronic communication, 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 handicap or disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function or on a school bus, and that:

5. 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; or 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; or Creates a hostile educational environment at school for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student, or

6. New & Tricky Condition Occurs off school grounds, in cases in which a school employee is made aware of such actions and such actions create a hostile environment at school for the student, infringe on the rights of the student at school, or disrupt the education process or orderly operation of a school that substantially disrupts or interferes with the orderly operation of the school or the rights of other students.

7. Definition of Hostile Educational Environment(Under NJ Law Against Discrimination) Discriminatory conduct that would not have occurred “but for” the student’s protected characteristic, that a reasonable student of the same age, maturity level, and protected characteristic would consider sufficiently severe or pervasive enough to create an intimidating, hostile, or offensive school environment that the school district failed to reasonably address.

8. LAD Protected Characteristics Race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, and mental or physical disability, perceived disability, and AIDS and HIV status.

9. Reporting Requirements Any school employee, member of the board of education, volunteer, or contracted serviced provider who witnesses or has received reliable information of an HIB incident must verbally report the incident or alleged incident to the school principal on the same day in which the employee or contracted provider witnesses or has reliable information of such an incident. Such verbally reported incidents must be reported in writing to the school principal within two school days of when such incidents are witnessed or from which time the individual has secured reliable information that such an incident occurred.

10. In Addition An act of HIB may be reported verbally, in writing, or anonymously by a student, parent, or visitor; however, anonymous reports shall not in and of themselves be considered to permit formal disciplinary action.

11. Reporting Mechanisms The district should consider every mechanism available to simplify reporting, including standard reporting forms and Web-based reporting mechanisms. For anonymous reporting, schools should consider locked boxes located in areas of the school where reports can be submitted without fear of being observed.

12. Nature and Purpose of Investigation The school/district must conduct a fair, thorough, and impartial investigation of the alleged incidents led by the anti-bullying specialist: Review all relevant documents and interview individuals, including the individual making the allegations, key involved district staff, key witnesses, the alleged perpetrator, and the alleged victim(s), and collect and secure all other information as necessary, to: Clarify allegations or concerns; Identify parent and school actions taken; and Identify both the preferred and acceptable remedies or outcomes

13. Nature and Purpose of Investigation(Continued) Identify and evaluate the kinds of present and future damage that may have been caused by the harassment, including harm to the victim, the harasser, and the school environment; and consider all of the other factors necessary for a complete corrective action. The investigation should also determine whether there are other related incidents of harassment;

14. Distinct Reports on the Nature and Frequency of HIB Two times each school year at a public hearing, the superintendent of schools shall report to the board of education all acts of violence, vandalism, and harassment, intimidation, or bullying which occurred during the previous reporting period. The report shall include the number of reports of HIB, the status of all investigations, the nature of the bullying based on one of the protected categories, the names of the investigators, the type and nature of any discipline imposed on any student engaged in HIB, and any other measures imposed, training conducted, or programs implemented, to reduce harassment, intimidation, or bullying.

15. Distinct Reports on the Nature and Frequency of HIB(Continued) The information shall also be reported once during each reporting period to the Department of Education. The report must include data broken down by the enumerated categories, and data broken down by each school in the district, in addition to district-wide data. This report shall be used to grade each school for the purpose of assessing its effort to implement policies and programs.

16. Investigatory Requirements & TimelinesSee http://www.state.nj.us/education/students/safety/behavior/hib/HIBCombined.pdf for more details regarding recommended investigatory protocols The investigation shall be completed as soon as possible, but not later than 10 school days from the date of the written report of the incident of harassment, intimidation, or bullying. The results of the investigation shall be reported to the superintendent of schools within two school days of the completion of the investigation.

17. Investigatory Requirements & Timelines (Continued) Parents or guardians of the students who are parties to the investigation shall be entitled to receive information about the investigation including the nature of the investigation, whether the district found evidence of HIB , or whether discipline was imposed or services provided to address the incident of harassment, intimidation, or bullying. This information shall be provided in writing within 5 school days after the results of the investigation are reported to the board. A parent or guardian may request a hearing (in Executive Session) before the board after receiving the information, and the hearing shall be held within 10 days of the request. At the hearing the board may hear from the school anti-bullying specialist about the incident, recommendations for discipline or services, and any programs instituted to reduce such incidents.

18. Investigatory Requirements & Timelines (Continued) At the next board of education meeting following its receipt of the report, the board shall issue a decision, in writing, to affirm, reject, or modify the superintendent’s decision. The board’s decision may be appealed to the Commissioner of Education no later than the 90 days after the issuance of the board’s decision; and a parent, student, guardian, or organization may file a complaint with the Division on Civil Rights within 180 days of the occurrence of any incident of harassment, intimidation, or bullying based on membership in a protected group as enumerated in the “Law Against Discrimination.”

19. Required Responses to Substantiated HIB Acts The district board of education requires its school administrators to implement procedures that ensure both the appropriate consequences and remedial response for students who commit one or more acts of HIB.

20. Required Responses (Continued) The consequences and remedial responses should must be reasonably calculated to end the HIB behavior and take into consideration: The unique circumstances of the acts and the persons involved, as well as the unique conditions in and characteristics of each school district. Such consequences shall be varied and graded and based upon meaningful consideration of the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors and performance. Possible individual consequences to the perpetrator(s) can range from simple admonishment to expulsion.

21. Required Responses(Continued) The school climate/culture and the individual and institutional factors that contribute to a school climate/culture that overtly or inadvertently facilitate HIB should always be considered in specifying consequences and remedial actions.

22. Consequences for Falsely Reporting Consequences and appropriate remedial action should be imposed upon an individual for found to have falsely accused another as a means of retaliation or as a means of HIB . This includes students, school employees, visitors, and volunteers. Consideration should be given to the totality of the circumstances surrounding individuals who falsely accuse others as a means of HIB.

23. Consequences for Retaliation/Reprisals Responses to retaliatory actions or behaviors by school employees, contracted service providers, volunteers, or students must include consequences and appropriate remedial action(s).

24. Support for the Victim Responses and remedial measures should provide support and protection for the victim. At a minimum, the school’s responsibilities include making sure that the harassed students and their families know how to report any subsequent problems, conducting follow-up inquiries to see if there have been any new incidents or any instances of retaliation, and responding promptly and appropriately to address continuing or new problems. Ongoing remedial actions should be provided for the victim intended to prevent recurrence, such as increasing adult supervision of an activity in which incidents have occurred and close monitoring of the victim’s security and “emotional and psychological support (counseling) as needed by the harassment victim.

25. Required Record Keeping Maintain a file to retain relevant documentation (e.g., intake record, notes from phone calls, conversations or interviews, letters, emails, faxes, newspaper articles, documentation from the district). Written records and the use of standardized forms are critically important.

26. Required Record Keeping(Continued) The school district is encouraged to establish record keeping policies and procedures that create a defensible record which demonstrates the district’s efforts to remediate and reduce incidents of HIB, and facilitate the evaluation of the district’s efforts to reduce incidents of HIB and ensure that its investigation procedures support the provision of consistent, timely assistance to individuals who raise concerns about HIB, the promotion of a quick resolution of HIB behavior, the implementation of policies and practices that fulfill statutory and regulatory requirements, and student safety and well being.

27. What if the HIB Constitutes a Crime A designated school official will immediately notify the designated law enforcement official whenever any school employee in the course of his or her employment develops reason to believe that a crime or violent act has been committed on school property, or by or against a student during operating hours or during school-related functions or activities.

28. What if the HIB Constitutes a Crime(Continued) In deciding whether to refer the matter to the designated law enforcement agency, the principal of the school or his or her designee should consider the nature and seriousness of the offense and the risk that the offense posed to the health or safety of other students, school employees, or the general public and shall be mindful that offenses committed on school grounds by or against students may lead to an escalation of violence or retaliation that may occur on school grounds or at other locations.

29. What if the HIB Constitutes a Crime(Continued) Because legal standards for criminal investigations are different, police investigations or reports may not be determinative of whether harassment occurred under Title IX nor whether an act can be classified as HIB, and do not relieve the school of its duty to respond promptly and effectively

30. Take Away Points The obligation to report HIB is similar to the universal requirement in NJ to report child abuse: all staff and contracted providers must report alleged incidents of HIB. Indeed, HIB is a form of child abuse. Investigations must be conducted promptly and documented in writing; and must include interviews with all relevant parties, reviews all of relevant documents, policies, regulations, and protocols, and a review of prior documented cases of HIB.

31. Take Away Points(Continued) A crime is a crime and must be reported to the appropriate law enforcement agency. Consequences for the perpetrator(s) should be graduated according to the nature, severity, and chronicity of the verified HIB, developmentally appropriate, and determined in conjunction with the totality of circumstances . Support for the victim of the verified HIB in order to protect his/her safety, provide social/emotional support, provide academic support, and take steps to prevent retaliation or retribution of the victim or complainant.

32. Take Home Points(Continued) Always monitor your school’s social/emotional climate to ensure that it does not directly or inadvertently support HIB. Make sure everyone in the school understands what HIB is and that that it is unacceptable. At the same time convey to all parties the nature of acceptable behavior in school.

33. Take Home Points(Continued) Prevention is essential: Without HIB, you don’t need to memorize these slides.