• The Five Elements of HIB

     

    Type of Conduct:  "any gesture, any written, verbal of physical act or any electronic communication"

     

    Perpetrator's Motivation:  The conduct meet be "reasonably perceived as being motivated by any actual or perceived characterestic", such as...

     

    Stated Characteristics:  "... race, color religion, ancestry, national origin, gender, sexual orientation, gender identity or expression or a mental or physical disability..."

     

    "Other Category": "... or by any other distinguishing characteristic..."

     

    Location of the Action:  "... that takes place on school property, at any school -sponsored function, on a school bus or off school grounds as provided for in N.J.S.A.  18A:37-15.3..."

     

    Nexus Requirements:  "... that substantially disrupts or interferes with the orderly operation of the school or the rights of other students..."

     

    The "Effects" Prong:  (Must have a least one) "...and that..."

        A.  "a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming the student or damaging the student's prperty or placing the 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 the student or a group of students" or 

     

        C.  "creates a hostile educational evnvironment for the student by interfering with a student's education or by severly or pervasively causing physical or emotional harm to the student."