YCS Harrassment, Intimidation & Bullying Policy

YCS Policy Prohibiting Harassment, Intimidation and Bullying 

YCS and School Administrators prohibit acts of harassment, intimidation or bullying (HIB). A safe and civil school climate is necessary for students to learn and achieve high academic standards. Harassment, intimidation or bullying (HIB), like other disruptive or violent behaviors, is conduct that disrupts both a student's ability to learn and YCS Schools' ability to educate its students in a safe and respectful environment; and since students learn by example, all administrators, faculty, staff and volunteers shall be accountable and be commended for modeling appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation and bullying. Further, all YCS school personnel will be responsible for adhering to the following procedures. N.J.S.A. 18A:37-15 (3)(b) (1) 

Harassment, intimidation or bullying (HIB) is defined as any gesture, written, verbal or physical act or any electronic communication, (cyber-bullying), whether it be a single incident or series of incidents that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic or a power differential, that takes place on school property, at any school-sponsored function or on a school bus, or off school grounds as provided in section 16 of P.L.2010,c122(C.18A:37-15.3). which substantially disrupts or interferes with the orderly operation of a school and/or the the rights of other students that:

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a. a reasonable person should know, under the circumstances, 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; Reprisal or retaliation against any person who reports an act of HIB will be strictly prohibited and consequences and remedial action will be determined in accordance with the attached behavioral management plan. Consequences and remedial action for false accusations used as a means of harassment, intimidation or bullying (HIB) will be determined in accordance with the behavioral management plan. YCS requires the principal at each school to be responsible for receiving all complaints alleging violations to this policy. All YCS school employees, volunteers and contracted service providers who have contact with students are required to report alleged allegations to this policy to school personnel or the Principal on the same day, using appropriate incident reports when the individual witnessed or received reliable information regarding such incident. The principal is required to inform the parents/guardians/residential supervisors of all students involved in alleged incidents, and as appropriate, may discuss the availability of counseling or other intervention services. Students, parents/guardians, and visitors are encouraged to report violations of this policy to school personnel or the Principal, on the same day when the individual witnessed or received reliable information regarding any such incident. Students, parents/guardians, and visitors may report an act of harassment, intimidation, or bullying anonymously. Formal action for violations of the student code of conduct, however, may not be taken solely on the basis of an anonymous report. A YCS school employee who promptly reports an incident of harassment, intimidation, or bullying, and who makes this report in compliance with YCS policy, is immune from a cause of action for damages arising from any failure to remedy the reported incident. YCS requires a thorough and complete investigation be conducted for each report of an allegation incident of harassment, intimidation, and bullying (HIB). The investigation shall be initiated by the principal  within one day of the reported incident. The investigation shall be conducted by the school anti-bullying specialist appointed by the principal. The principal may appoint additional personnel who are not anti-bullying specialists to assist the school anti-bullying specialist in the investigation. The investigation shall be completed and the written findings submitted to the principal as soon as possible, but no longer than ten school days from the date of the written report. Should information be received after the 10-day reporting period, the school anti-bullying specialist or the principal shall amend the original investigation's report results to ensure an current and accurate record of the facts and activities concerning the reported incident. The principal shall proceed in accordance with the code of student conduct as appropriate, based on the investigation findings. The principal shall submit a written report to the Chief School Administrator within two days of the completion of the investigation and in accordance with the Administrative Procedures Act (N.J.S.A. 52:14B-1 et seq.) As appropriate to the findings from the investigation, the chief school administrator shall ensure the code of student conduct has been implemented and provide intervention services, order counseling, establish training programs to reduce harassment, intimidation, or bullying (HIB) and enhance school climate, or take or recommend other appropriate action as necessary. The Chief School Administrator shall report the results of each investigation to Anti Bullying Coordinator and HIB Team at regularly scheduled CQI meetings, following the investigation's completion. T h e chief school administrator's report shall also include information on any consequences imposed under the code of student conduct, intervention services provided, ordered counseling, training established or other action taken by the chief school administrator. Parents/guardians/residential staff who are parties to the investigation shall be provided with information about the investigation, in accordance with Federal and State law and regulation. The information to be provided to parents/guardians/appropriate residential staff includes the nature of the investigation, whether evidence of HIB or whether consequences were imposed or whether services were provided to address the incident. This information shall be provided in writing within five days after the results of the investigation are reported to the HIB Team. A parent/guardian may request a hearing with the Anti-Bullying Coordinator after receiving the information. When a request for a hearing is granted, the hearing shall be held within 10 school days of the request. The HIB Team shall conduct the hearing in executive session pursuant to the Open Public Meetings Act (N.J.S.A. 10:4-1 et. seq.), to protect the confidentiality of the students. At the hearing, the HIB Team may hear testimony from and consider information provided by the school anti-bullying specialist and others, as appropriate, regarding the alleged incident, the findings from the investigation of the alleged incident, recommendations for consequences or services, and any other programs instituted to reduce such incidents, prior to rendering a determination. At a regularly scheduled CQI meeting following its receipt of the report, the HIB Team shall issue a decision, in writing, to affirm, reject, or modify the chief school administrator's decision. The HIB Team's decision may be appealed to the Commissioner of Education in accordance with N.J.A.C. 6A:3, Controversies and Disputes, no later than 90 days after the issuance of the HIB Team's decision. A school administrator who receives a report of HIB, from a YCS employee, and fails to initiate or conduct an investigation, or who should have known of an incident of harassment, intimidation, or bullying (HIB) and fails to take action to minimize or eliminate the harassment, intimidation, or bullying may be subject to disciplinary action. YCS authorizes the principal of each school to define the range of ways in which school staff will respond once an incident of HIB, is confirmed, and the chief school administrator shall respond confirmed HIB, according to the parameters described in this policy. YCS requires its  school administrators to implement procedures that ensure both the appropriate consequences and remedial responses for students who commit one or more acts of harassment, intimidation, or bullying, consistent with the Code of Student Conduct, and the consequences and remedial responses for staff members who commit one or more acts of harassment, intimidation, or bullying (HIB). The following factors, at a minimum, shall be given full consideration by the school administrators in the implementation of appropriate consequences and remedial measures for each act of harassment, intimidation, and bullying by students. Appropriate consequences and remedial actions are those that are graded according to the severity of the offenses, considering the developmental ages of the student offenders and students' histories of inappropriate behavior as well as the mission and physical facilities of the individual school(s), per the code of student conduct and N.J.A.C. 6A:16-7. YCS recognizes that some acts of HIB may be isolated incidents requiring that school officials respond appropriately to the individuals committing the act/s. Other acts may be so serious or parts of a larger pattern of HIB that they require a response either at the classroom, school building or school district levels or by law enforcement officials. Consequences and appropriate remedial actions for a student who commits an act of HIB, may range from positive behavioral interventions up to and including suspensions or expulsions, as permitted under N.J.S.A. 18A:37-1, Discipline of Pupils and set forth in N.J.A.C. 6A:16-7.2, Short-term suspensions, 1V.JA.C. 6A: 16-7.3, Long-term Suspensions and N.J.A.C. 6A:16-7.5, Expulsions. In considering whether a response beyond the individual is appropriate, school officials shall consider the nature and circumstances of the act, the degree of harm, the nature and severity of the behavior, past incidences or past continuing patterns of behavior, and the context in which the alleged incident/s occurred. Institutional (i.e. classroom, school building, school district) responses can range from school and community surveys, to mailings, to focus groups, to adoption of research-based HIB prevention program models, to training for certificated and non- certificated staff, to participation of parents and other community members and organizations, to small or large group presentations for fully addressing the actions and school's response to the actions, in the context of the acceptable student and staff member behavior and the consequences of such actions, and to the involvement of law enforcement officers, including safe schools resource officers. This policy and the code of conduct shall apply to instances when a school employee is made aware of the alleged HIB occurring off school grounds when: 

  • The alleged HIB has substantially disrupted or interfered with the orderly operation of the school or the rights of other students; and either A reasonable person should know, under the circumstances, that the alleged behavior will have the effect of physically or emotionally harming a student or damaging student's property or placing the student in reasonable fear of physical or emotional harm or damage to his property: or The alleged behavior has the effect of insulting or demeaning any student or group of students; or The alleged behavior creates a hostile environment for the student by interfering with a student's education or by severely or pervasively causing physical or emotional harm to the student.YCS prohibits school employees, contracted service providers who have contact with the students, school volunteers, or students from engaging in reprisals, retaliation, or false accusations against a victim, witness, one with reliable information or any other person who has reliable information about an act of HIB or who reports an act of HIB. The consequence and remedial action for a person who engages in reprisals or retaliation shall be determined by the administrator after consideration of the nature, severity and circumstances of the act, in accordance withcase law, Federal and State statutes and regulations and district policies and procedures. YCS strictly prohibits any person from falsely accusing another as a means of HIB. YCS requires the Chief School Administrator to annually disseminate the HIB policy to all school employees, contracted service providers who have contact with students, school volunteers, students, parents/ guardians who have children enrolled in the school district, along with a statement explaining that the policy applies to all acts of HIB, pursuant to N.J.S.A. 18A:37-14, that occur on school property, at a school function or on a school bus and as appropriate, acts that occur of school grounds. The chief school administrator shall post a link to the policy that is displayed on the agency's homepage. The chief school administrator shall ensure that notice of YCS's policy appears in the student handbook and all other publications of the school district that set forth the comprehensive rules, procedures and standards for schools within the district. The chief school administrator shall post the names, school phone number, address and school email address of the district anti- bullying coordinator on the Agency's home page /Website. Each principal shall post the name, school phone number, school address and school e mail address of the school anti-bullying specialist and the district anti-bullying coordinator on the agency's home page/school's Website. The chief school administrator and the principals shall provide training on the school district's HIB policies to school employees, contracted service providers and volunteers who have significant contact with the students. The training shall include instructions on preventing bullying on the basis of the protected categories enumerated in N.J.S.A. 18A:37-14 and other distinguishing characteristics that may incite incidents of discrimination or HIB. YCS employee training program shall include information regarding the school/agency's policy against HIB, which shall be provided to full-time and part-time staff, contracted service providers and school volunteers who have significant contact with students. 

This policy will be included in the review of all school policies and procedures conducted annually prior to the start of the new school year with YCS employees. Each staff member will be required to sign a form indicating they have been fully informed and will comply with the policies as set forth. YCS will provide on-going training and in-services to all staff members through the YCS Training Department/School Administration/other service providers. The chief school administrator shall develop and implement a process of annually discussing the Educational Division/Agency's policy on HIB with students. This policy will be included in annual classroom discussions of school and classroom policies, rules and student code of conduct led by each classroom teacher at the start of the school year. Each student will be required to sign a form which indicates they have been fully informed of all school and classroom policies, rules and the student code of conduct and their intent to comply with such. The chief school administrator and the principals shall annually conduct a re-evaluation, reassessment, and review of the HIB policy, with input from the school anti-bullying specialist/s, and recommend revisions and additions to the policy as well as to HIB prevention programs and approaches based on the finding from the evaluation, reassessment, and review. 

YCS Policy Prohibiting Harassment, Intimidation and Bullying YCS and School Administrators prohibit acts of harassment, intimidation or bullying (HIB). A safe and civil school climate is necessary for students to learn and achieve high academic standards. Harassment, intimidation or bullying (HIB), like other disruptive or violent behaviors, is conduct that disrupts both a student's ability to learn and YCS Schools' ability to educate its students in a safe and respectful environment; and since students learn by example, all administrators, faculty, staff and volunteers shall be accountable and be commended for modeling appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation and bullying. Further, all YCS school personnel will be responsible for adhering to the following procedures. N.J.S.A. 18A:37-15 (3)(b) (1) Harassment, intimidation or bullying (HIB) is defined as any gesture, written, verbal or physical act or any electronic communication, (cyber-bullying), whether it be a single incident or series of incidents that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic or a power differential, that takes place on school property, at any school-sponsored function or on a school bus, or off school grounds as provided in section 16 of P.L.2010,c122(C.18A:37-15.3). which substantially disrupts or interferes with the orderly operation of a school and/or the the rights of other students that: a. a reasonable person should know, under the circumstances, 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;  b. has the effect of insulting or demeaning any student or group of students: or c. creates a hostile environment for the student by interfering with a student's education or by severely/pervasively causing physical or emotional harm to the student. N.J.S.A. 18A:37-14 YCS and School Administrators expect students to conduct themselves in keeping with their levels of development, maturity and demonstrated capabilities with a proper regard for the rights and welfare of other students and school staff, the educational purpose underlying all school activities, and the care of school facilities and equipment. Standards for student behavior will be determined cooperatively with students, parents/guardians, and staff to encourage students to grow in self-discipline. Students are expected to behave in a way that creates a positive school environment. Students will be recognized and commended for exhibiting positive and pro-social behaviors within each school's behavior management program. YCS and School Administration believe that the best discipline is self-imposed, and that it is the responsibility of staff to use instances of violations of the Student Code of Conduct as opportunities to help the student learn to assume and accept responsibility for their behavior. Staff members who interact with students shall apply best practices designed to prevent student conduct problems and foster students' abilities to increase their self discipline. Behavioral expectations will be: 1. Outlined in the Student Code of Conduct which is included in the student handbook. 2. Posted in each classroom and common spaces within the school. 3. Provided to parents/guardians in their primary language.  Acts of hazing, harassment, intimidation, bullying as well as any active or passive support of these behaviors will be handled in accordance with the YCS Behavioral Management Plan, which details the consequences and appropriate remedial actions for infractions of the student conduct code. Consequences may range from behavioral intervention to suspension or removal from the program dependent upon the developmental levels of the involved parties, the level of harm, context and circumstances of the offense and consideration of possible prior offenses. Consequences for acts of HIB that occur off school grounds, such as cyber-bullying may also be imposed pursuant to N.J.A.C. 6A:16-7.6, Conduct Away from School Grounds, and YCS's Student Code of Conduct, N.J.A.C. 6A:16-7.1. In instances of HIB occurring off school grounds, the consequences may only be exercised if it is reasonably necessary for the offending student's physical or emotional safety and well being or for other reasons relating to safety and well being of other students, staff or school/school grounds, pursuant to N.J.S.A. 18A:25-2 and 18A:37-2, and when the conduct which is the subject of a proposed consequence materially and substantially interferes with the requirements of appropriate discipline in the operation of a school. All acts of HIB that include the use of school property (i.e. computers or other electronic or wireless devices) apply to the provisions of N.J.S.A. 18A:37-15 and N.J.A.C. 6A:16-7.9, HIB, whether the subject of recipient of the bullying is on or off school property. Standard YCS policy for investigating and reporting behavioral incidents will be followed in cases of HIB. The behavioral Incident Report form / HIB form will be used for reporting by staff. Students may verbally report incidents or document them in writing. Reports to any staff member may remain anonymous, if they so desire. Anonymous reporting, however, shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report. N.J.S.A. 18A:37-15 (b)(5). A thorough investigation will be conducted once the incident/s have been reported.