WESTFIELD PUBLIC SCHOOLS



WESTFIELD PUBLIC SCHOOLS PUPILS

Westfield, New Jersey 07090 5900

Prohibiting Harassment, Intimidation

and Bullying

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Page 1 of 3

5900 PROHIBITING HARASSMENT, INTIMIDATION

AND BULLYING

All students have a right to a school environment free from harassment, intimidation or bullying.

Harassment, intimidation or bullying means any gesture or written, verbal or physical act that takes place on school property, at any school-sponsored function or on a school bus or school bus stop and that:

a. is motivated by any actual or perceived characteristic, such as race, religion, national origin, gender, sexual orientation, or a mental, physical or sensory disability; or

b. by any other distinguishing characteristic; and

c. a reasonable person should know, under the circumstances, that the act(s) 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 person or damage to his property; or

d. 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.

The Board of Education expects pupils to conduct themselves in keeping with their levels of development, and maturity as described in Policy 5500, Expectations for Pupil Conduct. The Board further recognizes that pupils possess the right to a free public education, free of harassment and intimidation in accordance with Policy 5700, Pupil Rights.

In addition, the Board prohibits active and passive support for harassment, intimidation and bullying. All staff members are charged with the responsibility to intervene in such cases and where necessary report such incidents to parents/guardians and the building principal. Pupils are encouraged to support other pupils who walk away from acts of harassment, intimidation or bullying when they see them, constructively attempt to stop them, and report these acts to staff members.

PUPILS

5900

Prohibiting Harassment, Intimidation

and Bullying

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Page 2 of 3

Consequences and Appropriate Remedial Action

School administrators should consider the following factors when determining the appropriate response to harassment, intimidation or bullying:

1. The developmental level of maturity of the pupils involved;

2. The levels of harm and surrounding circumstances;

3. Past incidences or continuing patterns of bullying behavior;

4. The relationships between the parties involved; and

5. The context in which the alleged incidents occurred.

After consideration of these factors an appropriate consequence should be determined, consistent with case law, Federal and State statutes and district discipline policies. Responses to bullying behavior may range from positive behavioral interventions to suspension or expulsion in accordance with Policy 5600 (Pupil Discipline). In all cases the school administrators should attempt to actively involve parents in the remediation of the behaviors of concern.

Reporting Procedure

All school employees are required to report any alleged violations of this policy to the principal or the principal’s designee. All other members of the school community, including pupils, parents/guardians, volunteers and visitors, are encouraged to report any act that may be a violation of this policy to the principal or his/her designee. The parents/guardians of all pupils involved in the incident will be contacted by the principal or his/her designee.

Upon receiving such a report the principal or his/her designee is responsible for determining whether the pupil’s actions constitutes a violation of this policy. In so doing the principal shall conduct a prompt, thorough and complete investigation of the alleged incident within two school days.

Records of these investigations will be kept on file as well as steps taken to address these incidents.

No person who reports an act of intimidation, harassment or bullying will be subject to any reprisal or retaliation. A person who engages in reprisal or retaliation will be subject to appropriate discipline as determined by the building principal.

PUPILS

5900

Prohibiting Harassment, Intimidation

and Bullying

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Page 3 of 3

A pupil who falsely accuses another of harassment, intimidation or bullying will be subject to a range of responses up to and including suspension and expulsion in accordance with Policy 5600.

Policy Dissemination

The Superintendent will annually provide to pupils and their parents/guardians the rules of the district regarding pupil conduct, the rights of students and in particular the right to be educated in a safe environment free from harassment, intimidation and bullying. This notification will appear in the student handbooks as well as the school calendar.

Information regarding the requirements of this policy will be reviewed with all staff members by the building principal no later than September 30 of each school year.

Bullying Prevention Programs

The district will address the issues of harassment, intimidation and bullying through direct instruction by teachers and counselors, and through assemblies and character education programs.

N.J.S.A. 18A:37-13 et seq.

N.J.S.A. 18A:37-15

N.J.A.C. 6A:16

N.J.A.C. 6A:16-5.1

First Reading: August 26, 2003

Approved: September 23, 2003

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