Hate Crime

Hate Crime and Bias-Related Acts (M)

8465

The Board of Education is committed to providing a safe and healthy environment for all children in the school district. Bias crimes and bias-related acts involving students can lead to further violence and retaliation. Bias crimes and bias-related acts, by their nature are confrontational, inflame tensions, and promote social hostility and will not be tolerated by the school district. School district employees will work closely with local law enforcement and the county prosecutor’s office to report or eliminate the commission of bias crimes and bias-related acts.

Definitions

A “bias crime” means any criminal offense where the person or persons committing the offense acted with a purpose to intimidate an individual or group of individuals because of race; color; religion; gender; disability; sexual orientation; gender identity or expression; national origin; or ethnicity.

A “bias-related act” means an act directed at a person, group of persons, private property, or public property that is motivated in whole or in part by racial; gender; disability; religion; sexual orientation; gender identity or expression; national origin; or ethnic prejudice. A bias-related act need not involve conduct that constitutes a criminal offense.

All bias crimes are also bias-related acts, but not all bias-related acts will constitute a bias crime.

Required Actions

School employees shall immediately notify the Principal and the Superintendent or designee when in the course of their employment they develop reason to believe a bias crime or bias-related act has been committed or is about to be committed in accordance with N.J.A.C. 6A:16-6.3(e).

The Superintendent or designee shall promptly notify the local police department and the bias investigation officer for the county prosecutor’s office when a bias crime or bias-related act has been committed or is about to be committed in accordance with N.J.A.C. 6A:16-6.3(e)1.

The Superintendent or designee shall immediately notify the local police department and the bias investigation officer for the county prosecutor’s office where there is reason to believe that a bias crime or bias-related act that involves an act of violence has been or is about to be physically committed against a student, or there is otherwise reason to believe that a life has been or will be threatened in accordance with N.J.A.C. 6A:16-6.3(e)2.

It is understood a referral to the local police department or county prosecutor’s office pursuant to the Memorandum of Agreement between Education and Law Enforcement Officials is only a transmittal of information that might be pertinent to a law enforcement investigation and is not an accusation or formal charge.

Unless the local police department or the county prosecutor’s office request otherwise, the school district may continue to investigate a suspected bias crime or bias-related act occurring on school grounds and may take such actions as necessary and appropriate to redress and remediate any such acts.

School officials will secure and preserve any such graffiti or other evidence of a suspected bias crime or bias-related act pending the arrival of the local police department or the county prosecutor’s office. The school officials, where feasible, will cover or conceal such evidence until the arrival of the local police department or county prosecutor’s office.

N.J.S.A. 2C:16-1

N.J.A.C. 6A:16-6.1; 6A:16-6.2; 6A:16-6.3

State Memorandum of Agreement approved by the Department

of Law & Public Safety and the Department of Education

Revised: 16 June 2022

Adopted: 26 July 2005