BOE Attorney Gives Anti-Bullying Overview

Members of the public were given a presentation on the changes in New Jersey’s Harassment, Intimidation and Bullying (HIB) policy at the Madison Borough Board of Education meeting on Tuesday night.

The presentation, which was made by Board of Education attorney John B. Comegno, gave parents and the board alike an overview of the evolving policy, stating that it now includes HIB incidents that are the result of “any distinguishing characteristic” of the victim in question. Protected “distinguishing characteristics” include, but are not limited to, race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression or a mental physical or sensory disability.

“That is an incredible broadening to this legislature,” Comegno said. “You can see how concerned the legislature is.”

Out-of-school incidents of harassment, intimidation and bullying may also require school intervention under this new policy, provided that such an incident causes “disruption or interference” of the school’s learning or social environment, according to Comegno.

“An important point is the determination of disruption or interference,” Comegno said. “If we do not have disruption or interference, then our typical authority, which ends within the boundaries of our school, also applies.”

The presentation also served as a refresher to those in attendance that all incidents of harassment, intimidation or bullying must be reported by those who observe them—including school faculty, administrators, and Board of Education members—and an investigation of all reported incidents, initiated by the school’s principal and led by the school’s anti-bullying specialist—must be completed within ten days of the original incident to determine whether or not it falls under HIB.

Comegno noted that not all reported incidents end up falling under HIB guidelines, and sometimes, reported incidents could, indeed, stem from anything from playful ribbing to general disagreements between classmates, thus giving districts across the state another reason to investigate all reported incidents before drawing a conclusion and handing out disciplinary action.

“If there’s a physical altercation, if there are words, if there’s a disagreement, that doesn’t mean that HIB has occurred,” Comegno said.

Also important to note is the fact that school districts are not responsible for unwarrantedly monitoring students’ activities on social media networks, such as Facebook or Twitter. School districts can, however, intervene if an incident by means of electronic communication becomes cause for concern.

“We are not obligated to be internet policemen and women," he said. "Our responsibility is to deliver our constitutional, thorough, and efficient education, and to make sure the learning environment is safe and is not hostile. If reports are made of chatter online, misuse of Facebook, IMs or texts which are inappropriate, disruptive or create a hostile environment, then we have a responsibility to respond to that. We follow our procedures, and we respond just as we would sitting in the library, sitting in the cafeteria.”

District Superintendent Michael Rossi hopes that students can take the initiative to look out for each other, which would help the district in its goal of making these initiatives a success.

“Student ambassadors are responsible for making the culture reflective of this law,” Rossi said.

No matter what, Rossi stressed an importance of the safety and positive morale of all students within the district.

“Whether or not we come to a determination that something qualifies for HIB is one piece of this legislature,” said Rossi. “Perennially, we want students to be safe, we want students to be happy coming to school.”