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NJ State Law’s Definition of Harassment, Intimidation, and Bullying (HIB):
NJ State Law’s Definition of Harassment, Intimidation, and Bullying (HIB):
HIB means 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 an actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity, and expression, or mental, physical or sensory disability, or by any other distinguishing characteristic;
Takes place on school property, at any school-sponsored function, or on a school bus; or off school grounds, as provided for in N.J.S.A 18A37-15.3
Substantially disrupts or interferes with the orderly operation of the school or the rights of other students, AND THAT
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 the student in reasonable fear of physical or emotional harm to his person or damage to his property; 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.
Frequently Asked Questions
Frequently Asked Questions
Why does the process take so long? The state of New Jersey has given school districts a very specific timeline to follow regarding the investigation of incidents that may be harassment, intimidation or bullying. After receiving a report from the building principal, the anti-bullying specialist has ten school days in which to conduct their investigation. Once the investigation is completed and submitted to the building principal, it is then submitted to the Superintendent for review. The Superintendent is required to review cases, anonymously, with the Board of Education, before a final decision can be processed and parent notification is completed.
Are parents present during a student interview? Anti-bullying specialists and principals conduct student interviews regarding a multitude of activities and incidents going on in school buildings each day. Parents are not involved in these interviews, but are updated on the content of these conversations when the investigation is concluded.
What happens when my child is labeled a “bully” as a result of an investigation? At no point in time are children labeled “bullies.” The purpose of Harassment, Intimidation and/or Bullying (HIB) investigation is to determine if a student violated the Anti-Bullying Bill of Rights. Although it may be determined that a child has violated this law, it in no way labels the child or gives the child a “record.”
What are the consequences for students who have violated the Anti-Bullying Bill of Rights? Consequences and intervention strategies that result from an investigation are highly variable and highly individualized. Consequences and intervention strategies may include, but are not limited to, parent conferences, loss of privileges, school detentions, counseling, class lessons, etc. There is no predetermined consequence for any child involved in a violation of the Anti-Bullying Bill of Rights. All consequences are developmentally appropriate and take into consideration the whole child.
What happens when the results of a HIB investigation do not confirm a violation of the Anti-Bullying Bill of Rights, but do confirm a negative interaction or act took place?
When an incident is investigated, regardless of the findings as it pertains to the law itself, the district will take appropriate steps to address what took place and support our students. It is not uncommon for incidents to fail to meet the criteria for HIB, but still result in a Code of Conduct violation. In these instances, consequences and remediation actions are imposed that are individualized and appropriate to the specific student and/or incident. Action taken could include similar responses to a confirmed violation of the law, which includes but is not limited to counseling support, detention, suspension, loss of privileges, etc.
How will this affect my child's school record? HIB Investigations are completely confidential and no record of the investigation is kept in a student’s file. The school principal or anti-bullying specialist may keep a file of past investigations for state reporting purposes, but student names are not made public in any way.
What information will I receive at the conclusion of the investigation? Building principals are required to notify parents of the outcome of the investigation and whether or not consequences/remedial measures were imposed. Again, all information is confidential.
Behaviors not considered HIB but may fall within code of conduct violation of the school building, and will incur consequences:
Behaviors not considered HIB but may fall within code of conduct violation of the school building, and will incur consequences:
A physical altercation, fighting or teasing of another student not based on any distinguishing characteristics.
Deliberately saying harsh statements or comments to another student that are not based on a distinguishing characteristic.
Writing unkind statements or comments including slander or criticism that do not include any distinguishable characteristic.
Not sitting with someone on the bus, not having lunch with someone, or gathering others to socialize and not including another child.
Gossip or rumors not based on distinguishing characteristics.
Stealing property or money from another student, even if done by force.
Cheating on a test, quiz, or homework.
Exclusion from sports teams, social clubs, music events or honors courses; that is not based on a distinguishing characteristic
Not taking into account others' feelings or thoughts as long as it is not associated with a distinguishable characteristic
How to Report Suspected HIB
How to Report Suspected HIB
Pupils, parents, and staff members are encouraged to report alleged violations of the Harassment, Intimidation, and Bullying (HIB) Policy to an Administrator on the same day when the individual witnessed or received reliable information regarding such an incident. Reports from parents and students may be done anonymously. Formal action for violations may not be taken solely on the basis of an anonymous report.
Use this link to file a HIB report (338 form)
If you have specific questions, please reach out to an administrator, a School Counselor, or SAC/Anti-bullying Specialist.
Phone: (908) 273- 1190 x4517
Email: mmalkinski@summit.k12.nj.us
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