Can School Staff Be Bullies Too?

The New Jersey Anti-Bullying Bill of Rights Act is among the strongest anti-bullying laws in the country. The purpose of the law is to address and prevent bullying, intimidation, and harassment against students in public schools.

Are teachers, coaches, and other school staff members subject to the anti-bullying law? In my view, there's no question about that. The language in the anti-bullying law is broad enough that it includes not only student-to-student bullying, but also teacher-to-student bullying.

So, when NJ.com recently reported a school district attorney's opinion that the anti-bullying law is limited only to "student-to-student behavior," I took more than just a passing interest in the story.

The policy of the North Hunterdon-Voorhees High School District clearly states that "The Board of Education prohibits acts of harassment, intimidation, or bullying of a pupil."

Although the district's policy does not explicitly mention teacher-to-student bullying, the language is broad enough to prohibit students and adults from engaging in bullying, intimidation, or harassment of another student.

In the same vein, the language in the anti-bullying law is not limited to student-to-student bullying. The law requires that school district draft a policy that outlines consequences for any "person" who commits an act of harassment, intimidation, or bullying. Indeed, the term "person" can mean children and adults.

At least one judge agrees with that interpretation.

Back in 2011, a tenured, special education teacher in southern New Jersey verbally abused, humiliated, and threatened a student. The teacher had also threatened to kick the student's ass. All of this was digitally recorded.

When the school district initiated tenure charges against the special education teacher and the case went to a hearing, the judge wrote, "It is surely implicit in a policy that bars student-to-student harassment that the teachers and staff of the school cannot harass, intimidate or bully students."

The judge went on to say that it would be "inconceivable" if teachers believed that the school's anti-bullying policy did not apply to them.

Ultimately, the judge determined that the teacher violated the school's anti-bullying policy.

The NJ Department of Education has also taken the position that the anti-bullying law "includes any person who commits an act of [harassment, intimidation, and bullying] against a student."

As a lawyer who practices education law, I can scarcely believe that North Hunterdon-Voorhees board members do not think that adult staff members are subject to the anti-bullying law or the school's anti-bullying policy.

If there is no merit to the allegations against the coach at North Hunterdon-Voorhees, that is an entirely different story. If the coach in question did not commit the acts he is being accused of, then clearly there should not be any consequences.

But any school district personnel who thinks that staff members aren't subject to the anti-bullying law needs retraining.

It has been two years since the New Jersey Anti-Bullying Bill of Rights was passed. Every school district in New Jersey should know by now that adults -- teachers, coaches, and staff members -- are not immune from discipline under the anti-bullying law.

Matthew Stoloff, Esq. represents clients throughout northern and central New Jersey. His practice areas include labor and employment law, special education law, small business matters, and non-compete disputes. For more information, visit his website. This blog article is for informational purposes only and should not be construed as legal advice.