Resources for Parents and Students
Overview of Harassment, Intimidation and Bullying (HIB)
Definition of HIB
The definition of HIB that applies to the use of this guidance is established at N.J.S.A. 18A:37-14 and is provided below. It is important to note that while the statutory definition of HIB might vary from definitions of bullying provided by program professionals, schools are responsible for the HIB definition at N.J.S.A. 18A:37-14.
The HIB definition below has been separated into component parts for ease of reading and comprehension. Bold type has been added to emphasize selected provisions.
HIB Definition
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 a 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. 18A:37-15.3,
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 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; 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.
HIB Off School Grounds
School districts continue to have the right, but are not required, to impose consequences on a student for conduct away from school grounds consistent with N.J.A.C. 6A:16-7.7, Conduct away from school grounds. The only change in this authority resulting from the ABR is that schools are now required to address HIB occurring off school grounds, when there is a nexus between the HIB and the school (i.e., the HIB substantially disrupts or interferes with the orderly operation of the school or the rights of other students).
Guidance for Schools on Implementing the Anti-Bullying Bill of Rights Act - New Jersey Department of Education
Key Points to Remember:
Conflict is a typical part of student development.
It is important to understand the larger context, or history, between students involved in an alleged HIB incident.
Intent to harm is not required for HIB. Rather, it is important to ask whether a student knew of should have known about potential harm from their actions, given the student’s age.
It is less likely for true bullying that meets New Jersey’s HIB definition to occur at the young elementary level (K-3) than at other grade levels. We expect high school students to have a greater understanding than young elementary students about the impact of their actions.
An incident does not have to be HIB to be taken seriously. Even if behavior in a given situation does not meet New Jersey’s definition of HIB, the behavior may still be inappropriate and need to be addressed.
Foundation for Educational Administration, Inc. - LEGAL ONE