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TRENTON – Attorney
General Paula T. Dow today announced the
distribution of a new agreement to be executed
by school districts and law enforcement
agencies throughout New Jersey in order
to establish enhanced policies and procedures
to protect students from bullying.
The
revised Uniform State Memorandum of
Agreement Between Education and Law Enforcement
Officials was drafted to meet the provisions
of the Anti-Bullying Bill of Rights Act,
signed into law by Governor Chris Christie
on Jan. 5, 2011. The act sets forth standards
for preventing, reporting, investigating
and responding to incidents involving bullying
of students. The revised MOA provides for
coordination of efforts between law enforcement
and school officials, particularly in cases
involving conduct that may constitute a
crime or disorderly persons offense under
state law. The Attorney General’s
Office and Department of Education sent
the MOA this week to county prosecutors
and county superintendents of schools for
distribution to local officials.
“Bullying inflicts
incalculable harm on victims, debases the
bullies themselves, and degrades the safety
and civility of the school environment,”
said Attorney General Dow. “This memorandum
of agreement will help ensure that school
staff and law enforcement authorities throughout
New Jersey work cooperatively to investigate
and address potential crimes and serious
acts of bullying in our schools.”
Research has shown that
bullying has severe negative effects on
victims, bullies and even observers of bullying.
The effects on student victims include behavioral
problems (e.g., suicide, violence), school
problems (e.g., high absenteeism, poor achievement,
and poor concentration), psychological problems
(e.g., depression, anxiety, and low self-esteem),
physical/health problems (e.g., stomach
aches, dizziness, and headaches) and social
problems (e.g., difficulty making friends,
difficulty adjusting to their environments,
loneliness). Bullies are more likely to
get into fights, steal and vandalize property,
drink alcohol or smoke, carry weapons, receive
poor grades and perceive the school environment
as negative, according to research.
The revised MOA was developed
by the Attorney General’s Education
and Law Enforcement Working Group based
upon earlier memoranda of agreement issued
in 1988, 1992, 1999 and 2007. It was developed
after thorough consultation with the education
and law enforcement communities in New Jersey.
The revised MOA was prepared for adoption
by local law enforcement and by all public
school districts and charter schools.
The Anti-Bullying Bill of
Rights Act requires each school district
to adopt a policy prohibiting “harassment,
intimidation or bullying,” as defined
in the act. The revised MOA notes that while
the act did not create a criminal offense
of “bullying,” bullying conduct
may violate one or more provisions of the
New Jersey Criminal Code if it includes,
for example, assault, harassment, threats,
robbery or sexual offenses. As in past versions
of the MOA, school officials agree to refer
cases to law enforcement when they believe
that certain criminal offenses have been
committed.
In the past, schools typically
would suspend their own investigations in
such cases in deference to law enforcement
until the law enforcement investigation
had been completed. However, the Anti-Bullying
Bill of Rights Act calls for schools to
complete harassment, intimidation or bullying
investigations within 10 school days. As
a result, proper coordination between school
officials and law enforcement is critical.
The revised MOA provides enhanced standards
for schools and law enforcement regarding
reporting and information sharing, the preservation
of evidence, the coordination of investigations,
and testimony at school student conduct
hearings.
Under the revised MOA, school
and law enforcement officials agree to jointly
review such matters as they plan or proceed
with their respective investigations. The
MOA specifies that law enforcement may request
that a school not interview certain witnesses
or not seek certain evidence in order to
avoid interfering with an ongoing criminal
investigation. Law enforcement agencies
agree to testify at any suspension or expulsion
hearing, provided that the information is
kept confidential and prior notice is given
to the county prosecutor’s office,
which can preclude such testimony where
it would interfere with an ongoing investigation
or prosecution.
Police are required under
the revised MOA to notify the school principal
when a student or a student’s parent
or guardian reports to police that a student
has been a victim of harassment, intimidation
or bullying, provided the offender, if a
juvenile, has been charged or is under investigation
for a criminal offense in circumstances
where the information may help the school
maintain order, safety or discipline, or
where it may assist the school in placing
the offender in appropriate programs.
School officials, in turn,
agree to inform students that they may report
an alleged offense to law enforcement, but
school officials are not to express an opinion
to the victim as to whether a crime has
been committed. The revised MOA also provides
guidance regarding the statutory duty of
law enforcement officers to assist school
attendance officers, also known as truant
officers. For example, when practicable,
police should accompany attendance officers
to the homes of students in circumstances
where attendance officers have concerns
for their safety.
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