"Harassment, intimidation or bullying” means any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a 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 mental, physical or sensory (handicap) disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function (or) on a school bus, or off school grounds as provided for in section 16 or P.L. 2010, CHAPTER 122, that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that:
- 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; (or)
- Has the effect of insulting or demeaning any student or group of student ( in such a way as to cause substantial disruption in, or substantial interference with, the orderly operation of the school); or
- 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.
Consequences and appropriate remedial actions for pupils 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 and as set forth in N.J.A.C. 6A:16-7.2, Short-term Suspension, N.J.A.C. 6A:16-7.3, Long-term Suspensions and N.J.A.C. 6A:16-7.5, Expulsions. Appropriate student conduct is documented.