5512.02 CYBER-BULLYING
Policy Statement
A safe and civil environment in school is
necessary for pupils to learn and achieve high academic standards. Cyber-bullying by a pupil in the district directed
toward another school district pupil or school staff member is conduct that
disrupts both a pupil’s ability to learn and a school’s ability to educate its
pupils in a safe environment.
The Board of Education prohibits acts of cyber-bullying
by school district pupils through the use of any school district owned,
operated, and supervised technologies.
The Building Principal or designee may report allegations of
cyber-bullying to law enforcement authorities.
Definitions
“Cyber-Bullying” is the use of electronic
information and communication devices, to include but not be limited to, e-mail
messages, instant messaging, text messaging, cellular telephone communications,
internet blogs, internet chat rooms, internet postings, and defamatory
websites, that:
1. Deliberately threatens, harasses, intimidates an individual or group
of individuals; or
2. Places an individual in reasonable fear of harm to the individual or
damage to the individual’s property; or
3. Has the effect of substantially disrupting the orderly operation of
the school.
“School district owned, operated, or supervised
technologies” is any computer, networking system, electronic equipment, or any
other equipment or device that may be used by a person to communicate to
another which is owned, leased, operated, or under the control or supervision
of the school district and/or school district staff.
Reporting
Procedure and Investigation
Any pupil or school staff member who believes
he/she has or is being subjected to cyber-bullying, as well as any person who
has reason to believe a pupil or school staff member has knowledge or reason to
believe another pupil or school staff member is being subjected to or has been
subjected to cyber-bullying shall immediately make a report to the Building
Principal or designee.
The Building Principal or designee shall
investigate all reports of such conduct.
If the investigation results indicate cyber-bullying was not committed,
the Building Principal or designee will inform the affected parties of the
investigation results. In the event the
investigation results indicate cyber-bullying was committed by a school
district pupil on school grounds and/or using school district technologies, the
pupil will be subjected to appropriate discipline.
In the event the investigation results indicate
cyber-bullying was committed by a school district pupil using non-school
district technologies away from school grounds, the Building Principal or
designee may report the investigation results to local law enforcement. In addition, school authorities have the
right to impose a consequence on a pupil for conduct away from school grounds,
including on a school bus or at a school-sponsored function pursuant to N.J.A.C. 6A:16-7.6.
This authority shall be exercised only when it is reasonably necessary
for the pupil’s physical or emotional safety, security, and well-being or for
reasons relating to the safety, security, and well-being of other pupils,
staff, or school grounds, pursuant to N.J.S.A. 18A:25-2 and 18A:37-2. This authority shall be exercised only when
the conduct, which is the subject of the proposed consequence, materially and
substantially interferes with the requirements of appropriate discipline in the
operation of the school. Consequences
shall be handled in accordance with Policy and Regulation 5600, N.J.A.C.
6A:16-7.1, and as appropriate, in accordance with N.J.A.C. 6A:
Any investigation regarding an allegation of cyber-bullying
will provide all parties the appropriate due process rights, including the
right to appeal the determination of the Building Principal or designee as
outlined in Regulation 5512.
Discipline
and Consequences
Some acts of cyber-bullying may be isolated
incidents requiring the school district to respond appropriately to the
individual committing the acts. Other
acts may be so serious or part of a larger pattern of cyber-bullying that
require a response either at the classroom, school building, or school district
level or by law enforcement officials.
Consequences and appropriate remedial actions for
pupils who commit an act of cyber-bullying range from positive behavioral
interventions up to and including suspension or expulsion, as permitted under
N.J.S.A. 18A:37-1, Discipline of Pupils.
In addition, cyber-bullying using district technology violates Policy
2361 – Acceptable Use of Computer Network/Computer and Resources and subjects
the pupil to discipline and sanctions of Policy and Regulation 2361.
Prevention and intervention techniques to prevent
cyber-bullying and to support and protect victims shall include appropriate
strategies and activities as determined by the Building Principal or designee.
Reprisal or
Retaliation Prohibited
The school district prohibits reprisal or
retaliation against any person who reports an act of cyber-bullying. The consequence and appropriate remedial
action for a person who engages in reprisal or retaliation shall be determined
by the Building Principal or designee after consideration of the nature and
circumstances of the act, in accordance with case law, Federal and State
statutes and regulations, and district policies and procedures.
Consequences
for False Accusation
Consequences and appropriate remedial action for
a pupil found to have falsely accused another of an act of cyber-bullying range
from positive behavioral interventions up to and including suspension or
expulsion, as permitted under N.J.S.A. 18A:37-1, Discipline of Pupils.
Consequences and appropriate remedial action for
a school employee found to have falsely accused 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).
Adopted: