Policy Prohibiting Harassment, Intimidation or Bullying

Inclusive Learning Academy believes that all students are entitled to work and study in school-related environments that are free of harassment, intimidation or bullying. Our mission is based on a philosophy of deep respect for the inherent worth of each individual, of regard for the environment and belief in the capacity for personal change. We commit ourselves to forming relationships with people so that each person may experience a sense of belonging, dignity and hope. It is through relationships that students and staff grow in self-understanding and self-esteem. Each person has the right to self-determination. Therefore, a safe and civil environment in school is necessary for our students to fulfill this mission and to learn and achieve high academic standards. Harassment, intimidation or bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student’s ability to learn and our ability to educate students in a safe environment and therefore will not be tolerated.

any gesture or written (which includes computer-based bullying), verbal or physical act that takes place on school property or at a school-sponsored function that: 

• is motivated 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; and
• a reasonable person should know, under the circumstances, will have the effect of harming a student or damaging the student’s property, or placing a student in reasonable fear of harm to his person or damage to his property; or
• has the effect of insulting, excluding, threatening, alarming, annoying, abusing or demeaning any student or group of students in such a way as to cause substantial disruption in, or substantial interference with, the orderly operation of the school; or
• has the purpose of effect of unreasonable interference with an individual’s work performance or creating an otherwise intimidating, hostile, or offensive learning/recreational environment; or
• one student exercises power and control over another student, in either isolated incidents (i.e. intimidation/harassment) or patterns of harassing or intimidating behavior (i.e. bullying).

Inclusive Learning Academy expects 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.

We believe that standards for student behavior must be set cooperatively through interaction among the students, parents/guardians, staff and community members, producing an atmosphere that encourages students to grow in self-discipline. The development of this atmosphere requires respect for self and others, as well as for school and community property on the part of students, staff and community members.

Inclusive Learning Academy believes that the best discipline is self-imposed, and that it is the responsibility of staff to use disciplinary situations as opportunities to help students learn to assume responsibility for their behavior and the consequences of their behavior. Staff members who interact with students shall apply best practices designed to prevent discipline problems and encourage students’ abilities to grow in self-discipline. 

Students are cautioned by staff or have incident reports submitted by staff for various infractions of our behavioral policy on a daily basis. These incident reports are submitted to the Principal/Chief School Administrator. At the Principal’s/Director’s  discretion, he/she may convene a meeting of the school’s Administrative Team to discuss the matter. The Principal/Director may decide to meet with the student and review with him/her what behaviors must change to avoid further disciplinary action (see Disciplinary Procedures). The Principal/Director may also involve the student’s counselor, if applicable. Finally, the Principal/Director may also request that the school’s Behaviorist(s) work with the classroom teacher to modify the existing Positive Behavior Support System to include provisions to address the behavior(s) of concern.

Through the use of the Positive Behavior Support System, students will be expected to conform to reasonable standards of expected behavior in keeping with their levels of development, maturity and demonstrated capabilities. These plans will utilize positive reinforcement strategies to encourage students to demonstrate not only self-respect, but respect for the rights and welfare of other students and school staff, and the care of school facilities and equipment.  All students are required to adhere to the Positive Behavior Support System. Additionally, students are required to submit to such disciplinary measures as are appropriately assigned for infractions of these rules.

Inclusive Learning Academy’s Disciplinary Procedures are distributed to all parents/guardians and child study teams. Descriptions of the Positive Behavior Support System are also provided to parents/guardians and child study teams. Provisions are made for informing parents/guardians whose primary language is other than English, as needed.

In determining the appropriate response to students who commit one or more acts of harassment, intimidation or bullying, we will consider the following factors: the development and maturity levels of the parties involved, the levels of harm, the surrounding circumstances, the nature of the behaviors, past or continuing patterns of behavior, the relationship between the parties involved, the contexts in which the alleged incident occurred, current interventions as outlined in the Positive Behavior Support System and whether the behavior was active or passive. Concluding whether a particular action incident constitutes a violation of our policy requires a determination based on all of the facts and surrounding circumstances. After meaningful consideration of these factors the Administrative Team will determine an appropriate consequence that is consistent with the case law, Federal and State statutes, regulations and policies, and Inclusive Learning Academy policies and procedures. Consequences and appropriate remedial action for students who commit acts of harassment, intimidation or bullying may range from positive behavioral interventions up to and including suspension or removal from our program.

School employees and members of the school community must direct complaints alleging violations of this policy to the Principal/Director or his/her designees. All allegations should be submitted on the incident/conduct report form that are available in the classroom and on the computer-based common server. All Inclusive Learning Academy school personnel will be responsible for adhering to this policy.   

The Principal/Director, and his/her designees are responsible for determining whether an alleged act constitutes a violation of this policy. A prompt, thorough and complete investigation of the alleged incident will take place. A detailed record of each investigation regarding allegations of harassment, intimidation or bullying will be maintained in the office of the Principal/Director.

Consequences and appropriate remedial actions for students who commit an act of harassment, intimidation or bullying range from positive behavioral interventions up to and including suspension or expulsion, as permitted under N.J.S.A. 18A:37-1, Discipline of Pupils.

In considering whether a response beyond the individual level is appropriate, the Principal should consider the nature and circumstances of the act, the level of harm, the nature of the behavior, past incidences or past or continuing patterns of behavior, and the context in which the alleged incident(s) occurred. Inclusive Learning Academy’s responses may range from mailings to training for all school personnel.  Additionally our response may include the following:  participation of parent(s) or legal guardian(s) and other community members and organizations,  small or large group presentations for fully addressing the actions and our response to the actions, in the context of acceptable student behavior and the consequences of such actions and  involvement of law enforcement officers

Reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying will be strictly prohibited. The Principal/Director, following the guidelines in the Disciplinary Procedures, shall determine the consequences and appropriate remedial action for a person who engages in reprisal or remediation after consideration of the nature and circumstances of the act.

Consequences and appropriate remedial action for a student found to have falsely accused another, as a means of harassment, intimidation or bullying will be dealt with according to the Disciplinary Procedures. Consequences and appropriate remedial action for a school employee found to have falsely accused another as a means of harassment, intimidation or bullying shall be disciplined in accordance with agency policies, procedures and agreements and could include legal actions. Consequences and appropriate remedial action for a visitor or volunteer, found to have falsely accused another as a means of harassment, intimidation or bullying shall be determined by the Principal/Director, or designee, after consideration of the nature and circumstances of the act, including reports to appropriate law enforcement officials and possible legal action.

This policy shall be disseminated annually to all school staff, parents and district child study teams. This shall be accompanied by a statement from the Principal/Director explaining that the policy applies to all acts of harassment, intimidation and bullying that occur on school property or at school-sponsored functions. This policy will also be discussed in the Staff Orientation that takes place each September. The Positive Behavior Support System will be utilized as a means of ensuring students understand and adhere to the policy, with consideration to their levels of development, maturity and demonstrated capabilities.

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 all school personnel. Each staff member will be required to sign a form indicating that they have been fully informed of the policy and will comply with the policy as set forth. In addition, the agency will provide on-going training on harassment, intimidation and bullying to school employees.

Prevention of the aforementioned behaviors will also be emphasized by the Positive Behavior System that is  based on proactive, positive behavior management strategies.