Harassment, Intimidation and Bullying (HIB) and Affirmative Action Explanations, Procedures and Examples

Conflict vs. Harassment, Intimidation and Bullying Conflict  Mutually competitive or opposing action or engagement  Includes Disagreements, arguments and fights  Can be fairly resolved by compromise or negotiation  A normal part of growing up and of life Harassment, Intimidation & Bullying  HIB is one-sided  One or more students are victims of one or more person’s aggression, as it applies to the HIB definition under the Anti- bullying Bill of Rights (ABR)  The intent is to physically or emotionally hurt someone

Criteria for HIB A substantiated HIB must meet all of the following:  Is motivated by an actual or perceived distinguishing characteristic such as Race, Color, Religion, Ancestry, National Origin, Gender, Sexual Orientation, Gender Identity and Expression, Mental, Physical or Sensory Disability, or Any other distinguishing characteristic (glasses, weight, clothing, hair, etc.) *Pushing, shoving, taunting or name-calling that is not motivated by the above criteria is not deemed as a HIB under the Anti- Bullying Bill of Rights.  Takes place on school property, at any school-sponsored function, on a school bus or off school grounds.  Substantially disrupts or interferes with the orderly operation of the school or the rights of the other students. And, must meet at least one of the following three additional criteria:  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 his person or damage to his property;  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. A substantiated HIB must meet all of the following:  Is motivated by an actual or perceived distinguishing characteristic such as Race, Color, Religion, Ancestry, National Origin, Gender, Sexual Orientation, Gender Identity and Expression, Mental, Physical or Sensory Disability, or Any other distinguishing characteristic (glasses, weight, clothing, hair, etc.) *Pushing, shoving, taunting or name-calling that is not motivated by the above criteria is not deemed as a HIB under the Anti- Bullying Bill of Rights.  Takes place on school property, at any school-sponsored function, on a school bus or off school grounds.  Substantially disrupts or interferes with the orderly operation of the school or the rights of the other students. And, must meet at least one of the following three additional criteria:  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 his person or damage to his property;  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.

Video 1: Bullying

Thoughts on Video  What bullying did you see?  How was this bullying incident handled? By staff? By students?  Was it handled properly?  What should have been done different?  What bullying did you see?  How was this bullying incident handled? By staff? By students?  Was it handled properly?  What should have been done different?

How to Report a HIB Incident  If you believe a student has been harassed, intimidated or bullied or a student has reported to you that they have been bullied, and you have determined it is not conflict, you must verbally report it to your building principal or assistant principal (if principal is out of building) on the day the incident occurred or was reported to you.  If the principal feels it is necessary to follow through with an investigation, they will notify the parents of all parties involved and the person who reported it must complete the Harassment, Intimidation and Bullying Written Report Form and return it to the principal within 2 school days.  Once assigned to the Anti-bullying specialist (with in 1 day of the verbal report) and when they received the written report, there will be 10 school days to complete an investigation.  Once the investigation is completed, the ABS will report the findings to the principal, who than has 2 school days to send findings and recommendations to the superintendent’s office.  The findings of the investigation will then be discussed at the next board meeting and the parents will be notified of the findings.  Every staff member is required by law to report acts of bullying. **HIB Reporting is intended for complaints involving student to student.  If you believe a student has been harassed, intimidated or bullied or a student has reported to you that they have been bullied, and you have determined it is not conflict, you must verbally report it to your building principal or assistant principal (if principal is out of building) on the day the incident occurred or was reported to you.  If the principal feels it is necessary to follow through with an investigation, they will notify the parents of all parties involved and the person who reported it must complete the Harassment, Intimidation and Bullying Written Report Form and return it to the principal within 2 school days.  Once assigned to the Anti-bullying specialist (with in 1 day of the verbal report) and when they received the written report, there will be 10 school days to complete an investigation.  Once the investigation is completed, the ABS will report the findings to the principal, who than has 2 school days to send findings and recommendations to the superintendent’s office.  The findings of the investigation will then be discussed at the next board meeting and the parents will be notified of the findings.  Every staff member is required by law to report acts of bullying. **HIB Reporting is intended for complaints involving student to student.

Video 2: Bullying

What is Affirmative Action  The Bridgeton Public Schools’ policy on Affirmative Action includes prohibiting harassment and favoritism, prohibiting sexual harassment, and “whistleblower” protection. It also includes, equality of educational opportunities including classroom programs, curriculum development and instructional materials.  If any staff, student or parent feels that they are being discriminated against based on race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, gender identity or expression, marital status, domestic partnership status familial status, liability for service in the Armed Forces of the United States, disability, nationality, atypical hereditary cellular or blood trait of any individual, non-applicable disability or because of genetic information or refusal to submit to or make available the results of a genetic test, an Affirmative Action complaint should be filed.  The Bridgeton Public Schools’ policy on Affirmative Action includes prohibiting harassment and favoritism, prohibiting sexual harassment, and “whistleblower” protection. It also includes, equality of educational opportunities including classroom programs, curriculum development and instructional materials.  If any staff, student or parent feels that they are being discriminated against based on race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, gender identity or expression, marital status, domestic partnership status familial status, liability for service in the Armed Forces of the United States, disability, nationality, atypical hereditary cellular or blood trait of any individual, non-applicable disability or because of genetic information or refusal to submit to or make available the results of a genetic test, an Affirmative Action complaint should be filed.

Grievance Process  Step 1- The grievant must present the complaint in written form to the responsible person designated as the Affirmative Action Officer. (Use Form A- Grievance Report)  Step 2-The Affirmative Action Officer has 5 working days in which to investigate and respond to the grievant. (Use Form A-Grievance Report)  Step 1- The grievant must present the complaint in written form to the responsible person designated as the Affirmative Action Officer. (Use Form A- Grievance Report)  Step 2-The Affirmative Action Officer has 5 working days in which to investigate and respond to the grievant. (Use Form A-Grievance Report)  Step 3- If not satisfied, the grievant may appeal within 10 working days to the Superintendent or designee (not Affirmative Action Officer). (Use Form B)  Step 4 - Response by the Superintendent or designee must be given within 5 working days (Superintendent or District Affirmative Action Officer to use space provided on Appeal Form B)

Grievance Process (cont.)  Step #5 - If the grievant is not satisfied at this level, an appeal may be made within 10 working days to the Board of Education which will hear the complaint at the next regular meeting or within 30 calendar days. (Use Appeal Form C)  Board hearing shall be conducted so as to accord due process to all parties involved in the complaint such as written notice of hearing dates, right to counsel, right to present witnesses, right to cross examine and to present written statement. The decision of the Board shall be by a majority of the members at a meeting which shall be public.  Step #5 - If the grievant is not satisfied at this level, an appeal may be made within 10 working days to the Board of Education which will hear the complaint at the next regular meeting or within 30 calendar days. (Use Appeal Form C)  Board hearing shall be conducted so as to accord due process to all parties involved in the complaint such as written notice of hearing dates, right to counsel, right to present witnesses, right to cross examine and to present written statement. The decision of the Board shall be by a majority of the members at a meeting which shall be public.  Step 6 – The Bridgeton Board of Education shall respond to the grievant within 30 calendar days. (Use Appeal Form C)  Step 7 - If the grievant is not satisfied with Board's decision, the grievant can have it referred to the Superintendent of Schools.  Step 8 - The grievant maintains the right to by-pass the grievance procedure and submit the complaint directly to the Commissioner of Education, Office of Civil Rights or Equal Employment Opportunity offices **Affirmative Action reporting can be used for complaints involving student to student, student to adult, adult to student, or adult to adult.

Video 3: Sexual Harassment