The Outreach Program Harassment, Intimidation and Bullying Policy |
The Outreach Program expressly prohibits acts of harassment, intimidation, or bullying of a pupil from any member of the
school community. A safe and civil environment in school is necessary for pupils to learn and achieve high academic
standards. Harassment, intimidation, or bullying, like other disruptive or violent behaviors, is conduct that disrupts both a
pupil’s ability to learn and a school’s ability to educate its pupils in a safe and disciplined environment. Since pupils learn by
example, school administrators, faculty, staff and volunteers should be commended for demonstrating appropriate behavior,
treating others with civility and respect, and refusing to tolerate harassment, intimidation, or bullying.
“Harassment, intimidation, or bullying” means any gesture, written, verbal or physical act, or any electronic communication,
that takes place on school property, at any school-sponsored function or on a school bus and that:
1. Is motivated 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 disability; or
2. By any other distinguishing characteristic; and
3. A reasonable person should know, under the circumstances, that the act(s) will have the effect of harming a pupil or
damaging the pupil’s property, or placing a pupil in reasonable fear of harm to his/her person or damage to his/her property; or
4. Has the effect of insulting or demeaning any pupil or group of pupils in such a way as to cause substantial disruption
in, or substantial interference with, the orderly operation of the school.
“Electronic communication” means communication transmitted by means of an electronic device, including, but not limited
to, a telephone, cellular phone, computer, or pager.
Acts of harassment, intimidation, or bullying may also be a pupil exercising power and control over another pupil, either in
isolated incidents (e.g., intimidation, harassment) or patterns of harassing or intimidating behavior (e.g., bullying).
This Policy may impose consequences for acts of harassment, intimidation, or bullying that occur off school grounds, such as
cyber-bullying (e.g., the use of electronic or wireless devices to harass, intimidate, or bully), to the extent this Policy
complies with the provisions of N.J.A.C. 6A:16-7.6, Conduct Away from School Grounds, and The Outreach Program’s code of
pupil conduct, pursuant to N.J.A.C. 6A:16-7.1. The range of consequences is the same for harassment, intimidation, bullying,
and cyber-bullying. Cross-reference is made to the Outreach Program policy on cyber-bullying, Policy 5512.02. In all instances
of harassment, intimidation, or bullying behavior occurring off school grounds, the consequences only may be exercised when
it is reasonably necessary for the pupil’s physical or emotional safety and well-being or for reasons relating to the safety and
well-being of other pupils, staff or school grounds, pursuant to N.J.S.A.18A:25-2 and 18A:37-2, and when the conduct which is
the subject of a proposed consequence materially and substantially interferes with the requirements of appropriate discipline
in the operation of the school. The provisions of N.J.S.A. 18A:37-15 and N.J.A.C. 6A:16-7.9 apply to all acts of harassment,
intimidation or bullying that include the use of school property (e.g. school computers, other electronic or wireless
communication devices) whether the subject or recipient of the bullying is on or off school property.
Expected Behavior
The Outreach Program expects pupils to conduct themselves in keeping with their levels of development, maturity and
demonstrated capabilities with proper regard for the rights and welfare of other pupils and school staff, the educational
purpose underlying all school activities and the care of school facilities and equipment consistent with the code of pupil
conduct. Cross-reference is made to the Outreach Program policy on Pupil Discipline/Code of Conduct.
The Outreach Program believes that standards for pupil behavior must be set cooperatively through interaction among the
pupils, parent(s) or legal guardian(s), staff and community members, producing an atmosphere that encourages pupils to grow
in self-discipline. The development of this atmosphere requires respect for self and others, as well as for school district and
community property on the part of pupils, staff and community members.
The Outreach Program believes the best discipline is self-imposed, and it is the responsibility of Outreach staff to use
instances of violations of the code of pupil conduct as opportunities to help pupils learn to assume and accept responsibility
for their behavior and the consequences of their behavior. Staff members who interact with pupils shall apply best practices
designed to prevent pupil conduct problems and foster pupils’ abilities to grow in self-discipline.
General guidelines for pupil conduct will be developed by the Director, in conjunction with school staff, and approved by the
Board. These guidelines will be developed based on accepted core ethical values from a broad community involvement with
input from parent(s) or legal guardian(s) and other community representatives, school employees, volunteers, pupils and
administrators. These guidelines for pupil conduct will be suited to the developmental ages of pupils, the severity of the
offenses and pupils’ histories of inappropriate behaviors, and the mission and physical facilities of the individual school(s) in
the district. This Policy requires all pupils in the Outreach Program to adhere to these rules and guidelines and to submit to
the remedial and consequential measures that are appropriately assigned for infractions of these rules and guidelines.
The Outreach Program prohibits active or passive support for acts of harassment, intimidation, or bullying. Pupils are
encouraged to support other pupils who walk away from these acts when they see them, constructively attempt to stop
them, and report these acts to the Director or designee.
Pupils are required to conform to reasonable standards of socially acceptable behavior; respect the person, property and
rights of others; obey constituted authority; and respond to school district teaching, support and administrative staff. The
Director will encourage utilization of the program’s behavior management system as a vehicle for appropriate recognition for
positive reinforcement for good conduct, self-discipline, good citizenship and academic success.
Consequences and Appropriate Remedial Actions
The Outreach Program requires its school personnel to implement procedures that ensure both the appropriate consequences
and remedial responses for pupils who commit one or more acts of harassment, intimidation, or bullying, consistent with the
code of pupil conduct, and the consequences and remedial responses for staff members who commit one or more acts of
harassment, intimidation, or bullying. The following factors, at a minimum, shall be given full consideration by school
administrators in the implementation of appropriate consequences and remedial measures for each act of harassment,
intimidation, or bullying by pupils. Appropriate consequences and remedial actions are those that are graded according to the
severity of the offense(s), and consider the developmental ages of the pupil offenders and pupils’ histories of inappropriate
behaviors, per the code of pupil conduct.
Factors for Determining Consequences
1. Age, developmental and maturity levels of the parties involved;
2. Degrees of harm;
3. Surrounding circumstances;
4. Nature and severity of the behavior(s);
5. Incidences of past or continuing patterns of behavior;
6. Relationships between the parties involved; and
7. Context in which the alleged incidents occurred.
Factors for Determining Remedial Measures
Personal
1. Life skill deficiencies;
2. Social relationships;
3. Strengths;
4. Talents;
5. Traits;
6. Interests;
7. Hobbies;
8. Extra-curricular activities;
9. Classroom participation; and
10. Academic performance.
Environmental
1. School culture;
2. School climate;
3. Pupil-staff relationships and staff behavior toward the pupil;
4. General staff management of classrooms or other educational environments;
5. Staff ability to prevent and manage difficult or inflammatory situations;
6. Social-emotional and behavioral supports;
7. Social relationships;
8. Community activities;
9. Neighborhood situation; and
10. Family situation.
Consequences and appropriate remedial action for pupils who commit acts of harassment, intimidation, or bullying may range
from positive behavioral interventions up to and including suspension or expulsion, as set forth in the Outreach Program Pupil
Discipline/Code of Conduct pursuant to N.J.A.C. 6A:16-7.1. Consequences for a pupil who commits an act of harassment,
intimidation, or bullying shall be varied and graded according to the nature of the behavior, the developmental age of the
pupil and the pupil’s history of problem behaviors and performance, and must be consistent with the program’s code of pupil
conduct. Remedial measures shall be designed to correct the problem behavior, prevent another occurrence of the problem,
protect and provide support for the victim of the act, and take corrective action for documented systemic problems related
to harassment, intimidation, and bullying. The consequences and remedial measures may include, but are not limited to, the
examples listed below:
Examples of Consequences
1. Admonishment;
2. Temporary removal from the classroom;
3. Deprivation of privileges;
4. Classroom or administrative detention;
5. Referral to disciplinarian;
6. In-school suspension during the school week or the weekend;
7. After-school programs;
8. Out-of-school suspension (short-term or long term);
9. Legal action; and
10. Expulsion.
Examples of Remedial Measures – Personal
1. Restitution and restoration;
2. Mediation;
3. Peer support group;
4. Recommendations of a pupil behavior or ethics council;
5. Corrective instruction or other relevant learning or service experience;
6. Supportive pupil interventions, including participation of the Intervention and Referral Services Team,
pursuant to N.J.A.C. 6A:16-8;
7. Behavioral assessment or evaluation, including, but not limited to, a referral to the Child Study Team, as
appropriate;
8. Behavioral management plan/behavior contract, with benchmarks that are closely monitored;
9. Assignment of leadership responsibilities (e.g., hallway or bus monitor);
10. Involvement of school disciplinarian;
11. Pupil counseling;
12. Parent conferences;
13. Pupil treatment; or
14. Pupil therapy.
15. Assigned meetings with a school counselor
16. Written and/or verbal apology
17. Conference and/or activity for students involved to foster mutual understanding
18. Written assignments
19. Single or multiple day loss of lunch/recess privilege
20. Formal letter to parent/guardian and Child Study Team
21. Review of placement meeting with parent/guardian and Child Study Team
Examples of Remedial Measures - Environmental (Classroom, School Building or School District)
1. School and community surveys or other strategies for determining the conditions contributing to
harassment, intimidation, or bullying;
2. School culture change;
3. School climate improvement;
4. Adoption of research-based, systemic bullying prevention programs;
5. School policy and procedures revisions;
6. Modifications of schedules;
7. Adjustments in hallway traffic;
8. Modifications in pupil routes or patterns traveling to and from school;
9. Targeted use of monitors (e.g., hallway, cafeteria, bus);
10. Small or large group presentations for fully addressing the behaviors and the responses to the
behaviors;
11. General professional development programs for certificated and non-certificated staff;
12. Professional development plans for involved staff;
13. Disciplinary action for school staff who contributed to the problem;
14. Supportive institutional interventions, including participation of the Intervention and Referral Services
Team, pursuant to N.J.A.C. 6A:16-8;
15. Parent conferences;
16. Family counseling;
17. Involvement of parent-teacher organizations;
18. Involvement of community-based organizations;
19. Development of a general bullying response plan;
20. Recommendations of a pupil behavior or ethics council;
21. Peer support groups;
22. School transfers; and
23. Law enforcement (e.g., school resource officer, juvenile officer) involvement.
N.J.A.C. 6A:16-7.9(a)2.vi requires appropriate consequences and remedial actions for any staff member who commits an act of
harassment, intimidation, or bullying. The consequences may include, but not be limited to, verbal or written reprimand,
increment withholding, legal action, disciplinary action, and/or termination. Remedial measures may include, but not be
limited to, in or out-of-school counseling, professional development programs, and work environment modifications.
Reporting Procedure
Complaints alleging violations of this Policy shall be reported to the Director or designee. All school employees as well as all
other members of the school community including pupils, parent(s) or legal guardian(s), volunteers, and visitors are required
to report alleged violations of this Policy to the Director or designee. While submission of an Incident Report Form to the
Director or designee is not required, the reporting party is encouraged to use the Incident Report Form available from the
Building Principal or available at the school district’s administrative offices or the reporting party may use a district’s web-
based reporting system. Oral reports shall also be considered official reports. Reports may be made anonymously, but formal
disciplinary action may not be based solely on the basis of an anonymous report.
A school employee who promptly reports an incident of harassment, intimidation, or bullying in accordance with this Policy,
and who makes this report in compliance with the procedures set forth in this Policy, is immune from a cause of action for
damages arising from any failure to remedy the reported another of an act of cyber-bullying shall be disciplined in accordance
with district policies and procedures.
Policy Publication
This Policy will be disseminated annually to all school staff, pupils, and parent(s) or legal guardian(s) and will be included in all
IEP Annual Review paperwork.
Adopted: 5/11