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HIB Frequently Asked Questions

Frequently Asked Questions about Harassment, Intimidation, and Bullying (HIB)

 

Since the implementation of the Anti-Bullying Bill of Rights in September 2011, parents have voiced some fundamental questions. We hope that the frequently asked questions below will help everyone gain a more concrete and comprehensive understanding of the legislation and its impact on parents and students.

 

What is HIB or bullying, and why does it seem like the term is defined differently vs. when I was in school?

In 2011, the legislature of the state of New Jersey created an official definition for harassment, intimidation, and bullying (HIB). It introduced a series of laws and procedures that schools must follow.

 

“Harassment, intimidation, or bullying” means any gesture, any written, verbal, or physical act, or any electronic communication as defined in N.J.S.A. 18A:37-14, whether it is a single incident or a series of incidents that:

  1. Is reasonably perceived as being motivated by either 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 by any other distinguishing characteristic;  
  2. Takes place on school property, at any school-sponsored function, on a school bus, or off school grounds, as provided for in N.J.S.A. 18A: 37-15.3;
  3. Substantially disrupts or interferes with the orderly operation of the school or the rights of other students, and that;
    1. A reasonable person should know, under the circumstances, that the act(s) 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 their person or damage to their property; or
    2. Has the effect of insulting or demeaning any student or group of students; or
    3. 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.

Why don’t administrators tell me anything about the incident when they make the initial call?

In the past, investigations were typically completed, or partially completed, before parent phone calls were made, to determine precisely what occurred. With the ABR legislation, administrators are required to contact parents before the investigation has been completed—preventing the relay of specific, accurate information until the process is finished.

Why does the process take so long?

The state of New Jersey has given school districts a precise 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 then shares the redacted results of the investigations with the Board of Education.

Are parents present during a student interview?

No. Anti-bullying specialists and principals conduct student interviews about various activities and incidents occurring in school buildings each day. Parents are not involved in these interviews, but they are updated on the content of these conversations as the investigation concludes.

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 the 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 does not label the child in any way.

What should I do if my child is accused of HIB?

Don’t panic! News of an HIB investigation can be difficult for parents and raise levels of anxiety. Conflict resolution, coping skills, and learning about differences among peers are part of the educational process that the ABR seeks to strengthen in school districts. The ABR is not a criminal statute, and students are treated with respect by administrators and Anti-bullying Specialists (ABS) throughout the process.  

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, and class lessons. There is no pre-determined 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 an HIB investigation do not confirm a violation of the Anti-Bullying Bill of Rights but do confirm that a negative interaction or act took place?

When any 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. Actions taken could include responses similar to those for a confirmed violation of the law, such as counseling support, detention, suspension, and loss of privileges.

How will this affect my child's school record?

In accordance with the 2022 ABR amendments, if an alleged incident of HIB is later found to be a verified incident of HIB, copies of the investigation results shall be placed in the student's record. Please know that very few individuals have access to this information from school year to school year. Your child’s teachers, for example, do not have access to this information. For those students who are college-bound, some college applications may ask if your child has ever been accused of HIB. In that case, it would be entirely up to the student to fill out the self-report application.

Suppose a student is found to have committed three incidents of HIB occurring within one school year. In that case, a principal, in consultation with the appropriate school staff, shall develop an individualized intervention plan. 

What information will I receive at the conclusion of the investigation?

Building principals are required to notify parents of the outcome of the Code of Conduct investigation and whether or not consequences/remedial measures were imposed. Again, all information is confidential. Regarding the HIB investigation, parents will receive a letter from the Superintendent after the Board meeting, when the Superintendent presents the findings to the Board of Education. Parents will receive a second letter from the Board of Education Secretary after the next Board meeting, where the Board affirms, rejects, or modifies the Superintendent's decision.