New Jersey Attorney General Paula T. Dow announced a new agreement to be executed by school districts and law enforcement agencies that establishes enhanced enforcement policies and procedures to protect students from bullying.
The state enacted the Anti-Bullying Bill of Rights Act in January to create standards for preventing, reporting, investigating and responding to bullying incidents, which are defined in the act as “school harassment, intimidation and bullying,” or HIB. The Department of Education was tasked with developing guidance for schools to address these behaviors on school property, at school-sponsored functions and on school buses.
The new guidance primarily addresses the obligations of schools and school districts but also provides for coordination efforts with law enforcement. The guidance points out that while there is no criminal offense of “bullying,” common bullying offenses include assault, harassment, threats, robbery and sexual offenses.
Law enforcement investigations must focus on determining whether the conduct violates one or more sections of the state’s Code of Criminal Justice. Meanwhile, school investigations must determine whether conduct meets the definition of HIB.
Also included in the revised agreement are provisions addressing truancy as well as “bias” crimes and “bias-related acts.”
“Bullying inflicts incalculable harm on victims, debases the bullies themselves, and degrades the safety and civility of the school environment,” said Attorney General Dow in a statement. “This memorandum of agreement will help ensure that school staff and law enforcement authorities throughout New Jersey work cooperatively to investigate and address potential crimes and serious acts of bullying in our schools.”