Branchburg Township School District

Harassment, intimidation, or bullying” means any gesture, any written, verbal or physical act, or any electronic communication, as defined in N.J.S.A. 18A:37-14, whether it be a single incident or a series of incidents that:

1. Is reasonably perceived as being motivated by either 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;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;
2. Substantially disrupts or interferes with the orderly operation of the school or the rights of other students; and that
   1. A reasonable person should know, under the circumstances, that the act(s) 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 their person or damage to their property; or
   2. Has the effect of insulting or demeaning any student or group of students; or
   3. Creates a hostile educational environment for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student.

Key Components: 3-Part Test

• Substantial disruption or interference with the orderly operation of school or student’s rights;
• An actual or perceived distinguishing characteristic as the motivating factor; and
• One of the following:
• Physical or emotional harm to a student or his or her property or fear of harm to student or property;
• Effect of insulting or demeaning a student or group of students; or
• Creation of “hostile educational environment,” interfering with student’s education.