Electronic Violence and Vandalism Reporting System

***Incident Scenarios***

[Background]{.underline}

The purpose of presenting these scenarios is to supplement the incident
detail (i.e., definitions) in the EVVRS User Manual with examples that
contain factors to consider when deciding if the incident is one to be
reported on the EVVRS and in which category to report the incident. Each
district should have staff review the definitions and scenarios at the
beginning of each school year to clarify the district's policies and
practices in reporting incidents. It is expected that as districts
conduct their reviews, greater consistency in reporting incidents will
be observed.

Note that the decision to report the incident to the state is
independent of the decision to discipline the offending student or to
report a matter to the police or the prosecutor under the Memorandum of
Agreement Between Education and Law Enforcement Officials, pursuant to
N.J.A.C. 6A:16-6. Incidents may occur that are inappropriate behaviors
for which the school imposes consequences or for which the school
requires reporting that should not be reported on the EVVRS.

[Definitions, Considerations, Examples, and Reporting
Decisions]{.underline}

  ----------- ---------------------------------------------------------------
  **Simple    A person attempts to cause, or purposely*,* knowingly, or
  Assault**   recklessly causes bodily injury to another. One needs to
              consider age and developmentally appropriate behavior before
              using this category.

  **Fight**   Mutual engagement in a physical confrontation that may result
              in bodily injury to either party. Does not include verbal
              confrontations or a minor confrontation such as a shoving
              match. All participants should be classified as offenders. One
              needs to consider age and developmentally appropriate behavior
              before using this category.
  ----------- ---------------------------------------------------------------

[Considerations:]{.underline}

-   Was the offender capable of knowing that the act would cause bodily
    injury (e.g., physical pain, illness or any physical impairment)?
    The offender must be developmentally mature enough to know that the
    action would cause bodily injury for the incident to be considered a
    simple assault.

-   Did the offender intentionally cause or try to cause the injury? The
    offender must intend to cause an injury to the victim for the
    incident to be considered a simple assault.

-   Were both students mutually engaged in a physical confrontation that
    could result in bodily injury to either party? The victim must avoid
    engaging in violent physical contact for the incident to be a simple
    assault. If both students are engaged in the physical confrontation,
    this incident would be considered a fight and both participants
    would be reported as offenders.

**[Example 1]{.underline}**

A male student (Bob) punches (with a closed fist) another male student
(Tim) in the back, while passing him in the corridor, and remarks,
"That's payback." Tim begins to charge at Bob but is restrained by a
classmate (Roy).

[Reporting Decisions:]{.underline}

a)  The incident *would* be reported as a *simple assault* for the
    following reasons:

    -   Bob purposely initiated the physical confrontation that could
        cause bodily injury. Tim attempted but did not succeed in
        engaging in physical contact. Bob would be the offender, Tim the
        victim.

b)  If, however, there was no need for Tim to defend himself against
    further attack, and yet he broke through Roy's restraint in this
    instance and attacked Bob, then a *fight* would have occurred. Both
    Bob and Tim would be classified as offenders.

**[Example 2]{.underline}**

Estelle confronts Grace on the sidewalk outside the school building and
tells her to stay away from John, (Estelle's boyfriend). She pushes
Grace who responds immediately by pushing back. The two grab each other.
A security guard commands them to stop. Grace hits Estelle with an
open-fisted punch and they continue the physical engagement. The guard
then physically separates the two.

[Reporting Decisions:]{.underline}

a)  This incident *would* be reported as a *fight* for the following
    reasons:

    -   Grace responded immediately, choosing not to avoid violence.
        This response by Grace creates the condition of "mutual
        engagement" in a physical confrontation. Although one
        participant initiated the altercation, both participants were
        offenders.

    -   If the security guard observed the incident after punching
        already started, this also *would* be a *fight*.

b)  There are circumstances that would cause this incident *not* to be
    reported as a *fight*:

    -   If Grace had responded verbally and Estelle had continued to
        shove and grab in an attempt to cause physical injury, this
        *would* be reported as an *assault*.

    -   If Estelle and Grace had ceased their altercation at the
        original command of the security guard, then this incident would
        *not* be reported on the EVVRS either as an *assault or a
        fight*.

**[Example 3]{.underline}**

Two six year-olds, a boy and a girl, are arguing, but they stop when
cautioned by the teacher, who specifies consequences if the argument
resumes. Later, while lining up to go outside, the boy utters something
that upsets the girl, who punches the boy in the face.

[Reporting Decisions:]{.underline}

a)  Absent other mitigating circumstances, this incident *would* be
    reported as a *simple assault*, for the following reasons:

    -   Since the teacher issued a warning, the girl knew the
        consequences of resuming the argument in any way.

    -   She had the opportunity to report the boy's comment to the
        teacher instead of engaging in physical contact.

    -   She punched the boy in the face with a closed fist, intending
        injury.

b)  If the observer of the incident made the determination that due to
    the developmental immaturity of the aggressor, the aggressor did not
    know that the act would cause bodily injury, then the incident *may
    not* be reported as a *simple assault*.

**[Example 4]{.underline} (teacher as a victim-developmental age)**

A six-year old student, with a consistent pattern of behavior problems,
is banging on the lunch table with his fork and displaying it in a
threatening manner to other students sitting at the table. He ceases the
unruly behavior upon a verbal reprimand and warning from the teacher on
duty. He starts the behavior once again, and the teacher demands that he
give her the fork. He refuses. While she is taking the fork from him, he
bites her on the hand and kicks her in the leg.

[Reporting Decisions:]{.underline}

a)  This incident would *not* be reported on the EVVRS as an *assault*
    *on a teacher* if:

    -   The teacher determined that the child was developmentally
        immature and did not know that the actions would cause bodily
        injury, even though the child was warned to cease the disruptive
        and threatening behavior and responded aggressively.

b)  This incident *would* be reported as a *simple assault* if the
    determination of immaturity was not made.

**[Example 5]{.underline} (teacher as a victim)**

A fight between two boys breaks out in the classroom. The male teacher
tries to step in and break it up after a verbal command produces no
response. One of the boys, in breaking loose from the second boy,
strikes the teacher in the chest with his forearm. At that point, the
fight ends. The teacher is not injured.

[Reporting Decisions:]{.underline}

a)  The *fight would* be reported on the EVVRS, but the "striking the
    teacher" would *no*t be reported as an *assault* *on staff* for the
    following reason:

    -   The boy did not intend to cause bodily injury to the teacher.

b)  Had the boy strongly pushed the teacher out of the way, the result
    of which was an injury of any kind, then this act by the student
    *would* be considered "recklessly causing bodily injury" and be
    reported on the EVVRS as an *assault* *on staff*.

c)  If it is the determination of the teacher that the student attempted
    to cause bodily injury to the teacher, "striking the teacher"
    *would* be reported as a *simple assault* and the teacher *would* be
    reported as the victim.

  --------------- ---------------------------------------------------------------
  **Robbery**     Obtaining money or other material things (regardless of
                  value*)* from another by means of violence or threat of
                  **immediate** violence.

  **Extortion**   Obtaining money or other material things (regardless of value)
                  from another by means of stated or implied threat of **future**
                  violence.
  --------------- ---------------------------------------------------------------

[Considerations:]{.underline}

-   Did the offender obtain money or other material things by committing
    or threatening to commit a violent act (i.e., an assault of any
    kind) against the victim? The offender must obtain money or other
    material things using violence or threatening violence in order for
    the incident to be considered robbery or extortion.

-   Did the offender use violence, threaten immediate violence or
    threaten future violence? The offender must use violence or threaten
    immediate violence in obtaining the money or other material thing
    for the incident to be considered robbery. If the money or material
    thing is obtained using the threat of future violence, the incident
    would be considered extortion.

-   Was the victim afraid that the offender would carry out the threat
    of violence if the victim did not allow the offender to obtain the
    money or material things? The victim must believe and be fearful
    that the offender would commit the violent act for the incident to
    be considered robbery or extortion.

**[Example 6]{.underline} (robbery/extortion)**

John says to Ron, "I think you should let me have that pen. Like right
now. That's a beauty" Ron gives John the pen.

[Reporting Decisions:]{.underline}

a)  Based on the words alone, the incident would *not* be reported on
    the EVVRS as *robbery or extortion* since:

    -   There was no threat of immediate violence.

    -   There was no stated or implied threat of future violence.

b)  However, if the threat of violence is explicit or implied based upon
    a witness's observation, or as reported by the victim, then the
    incident *would* be reported as a *robbery* (if threatened violence
    is immediate) or *extortion* (if threatened violence is in the
    future).

c)  If there is *no* verbal or nonverbal indication of a *threat of
    immediate or future violence*, then the incident would *not* be
    reported on the EVVRS.

**[Example 7]{.underline}** **(robbery/extortion)**

Tim and Harry are talking in the lunchroom. Bob walks by and says to
Tim, "You better have twenty bucks for me by tomorrow if you know what's
good for you. Remember what happened the last time. Your wrist was
swollen for a week." Tim gives Bob the twenty dollars. Harry tells his
counselor about the incident.

[Reporting Decisions:]{.underline}

a)  The incident *would* be reported on the EVVRS as *extortion* since:

    -   Bob acquired twenty dollars from Tim by a verbal threat of
        future violence.

  --------------- -------------------------------------------------------------
  **Threat**      Attempting by physical menace (e.g., verbal threats) to put
                  another in fear of **future** serious bodily injury. (Do not
                  include bomb threats in this category.) One needs to consider
                  age and developmentally appropriate behavior before using
                  this category.

  **Terroristic   Threatening to commit one of the following criminal offenses:
  Threat**        homicide, assault, sexual assault, robbery, kidnapping or
                  arson with the purpose of placing others in imminent fear of
                  one of the violent acts under circumstances reasonably
                  causing the victims(s) to believe the **immediacy** of the
                  threat and the likelihood that it will be carried out. One
                  needs to consider age and developmentally appropriate
                  behavior before using this category.
  --------------- -------------------------------------------------------------

[Considerations:]{.underline}

***Threat***

-   Did the offender threaten the victim with *bodily injury*? The
    offender must use words or actions that place the individual in fear
    of bodily injury for the incident to be considered a threat.

-   Was the victim afraid of *future* bodily injury as a result of the
    threat? The victim must believe and be fearful that the offender
    would actually cause bodily injury for the incident to be considered
    a threat.

-   Was the offender *capable of knowing* that the act would cause
    bodily injury (e.g., physical pain, illness or any physical
    impairment) and be capable of the act described? The observer must
    consider whether or not the offender is developmentally mature
    enough to know that the action would cause *serious* bodily injury
    and be capable of carrying out the act for the incident to be
    considered a threat.

***Terroristic Threat***

-   Did the offender *threaten* the victim with one of the *violent
    criminal offenses* listed in the definition with the purpose of
    making the victim fearful? The offender must threaten the victim
    with one of the violent offenses for the purpose of making the
    victim fearful for the incident to be considered a terroristic
    threat.

-   Was the victim *afraid* that the offender would carry out the threat
    of the violent offense? The victim must *believe and be fearful*
    that the offender would actually carry out the threat of the violent
    criminal offense for the incident to be considered a terroristic
    threat.

-   Was the offender capable of knowing that the threat would cause the
    victim to be fearful that the offender would carry out the threat?
    The observer must consider whether or not the offender is
    developmentally mature enough to know that the criminal offense
    would make the victim fearful that the action would really happen
    for the incident to be considered a terroristic threat.

**[Example 8 (threat)]{.underline}**

Jose and Dwayne, eighth graders, have a shoving match in the classroom.
The teacher breaks it up quickly. Jose says to Dwayne, "Just wait. This
isn't over. I'll be waiting for you after school." Dwayne responds,
"I'll be ready; just make sure you are."

[Reporting Decisions:]{.underline}

a)  While both boys seem to be cognizant of their actions, this incident
    would *not* be reported

as a *threat* for the following reason:

-   Neither Jose nor Dwayne appears to be fearful of serious bodily
    injury.

> b\) If the boys mutually engage in a physical confrontation after
> school, this incident *would* be
>
> reported as a *fight.*
>
> c\) If subsequent to the shoving match, one of the boys expresses
> concern that he is going to
>
> be subject to serious bodily injury (e.g., beat up after school), the
> incident *would* be
>
> reported as a *threat*.

**[Example 9]{.underline}**

Third grader Tommy, while on the playground, tells Bobby, "Wait 'til I
get you alone in the boy's room." Bobby runs away and tells his friends,
"Tommy's gonna' beat me up." One of Bobby's friends tells their teacher.

[Reporting Decisions:]{.underline}

a)  The incident *would* be reported as a *threat* for the following
    reasons:

    -   Tommy's words strongly implied physical menace.

    -   Bobby expressed fear of future bodily injury based on Tommy's
        menacing statement.

b)  If Tommy had a history of making these types of statements and not
    acting on them, and Bobby responded, "Yeah, right," and laughingly
    told his friends, this would *not* be reported as a *threat*.

**[Example 10 (terroristic threat)]{.underline}**

As they leave school, Mary, a tenth grader, confronts Jane who had just
been talking to Mary's boyfriend: "I am gonna' cut you girl," displaying
a box cutter, "just to teach you a lesson." Jane freezes.

[Reporting Decisions:]{.underline}

a)  The incident *would* be reported as a *terroristic threat* for the
    following reasons:

    -   Mary's statement represents a real threat of assault with a
        weapon, a criminal offense.

    -   The fact that Mary displayed the weapon established the
        unambiguous meaning of her message, the immediacy of the threat
        and the likelihood that it would be carried out.

b)  If Mary cut Jane with the box cutter, the incident *would* be
    reported as *an assault with a weapon.*

  ----------- ---------------------------------------------------------------
  **Sex       Subjecting another to sexual contact or exposure. For the
  Offense**   incident to be considered a sex offense, the offender must (1)
              intentionally touch, either directly or through clothing, the
              victim's intimate parts, for the purpose of degrading or
              humiliating the victim; (2) sexually arouse or sexually gratify
              himself or herself in view of the victim whom the offender
              knows to be present; (3) force or coerce the victim to
              participate in any contact or exposure; or (4) commit any act
              of sexual assault defined under N.J.S.A. 2C:14-2, which
              includes provisions related to the age of the victim and the
              offender. Incidents of sexual assault should be reported in
              this category. Intimate body parts are defined by statute
              (N.J.S.A. 2C:14-1e) to include "sexual organs, genital area,
              anal area, inner thigh, groin, buttock or breast of a person."
              Consider age and developmentally appropriate behavior before
              using this category. *Note: Sexual harassment has been added to
              the reporting system in 2003-2004 under the violence reporting
              category Harassment/Intimidation/Bullying.*

  ----------- ---------------------------------------------------------------

[Considerations:]{.underline}

-   Did the offender intentionally touch, either directly or through
    clothing, the victim's intimate parts? The offender must
    intentionally touch an intimate part of the victim for this to be
    considered a sexual offense. The contact must be intentional.
    Unintentional or incidental touching would not be reported on EVVRS.

-   Did the offender subject the victim to sexual exposure? In this
    case, offender must make sexual contact with his or her intimate
    body parts in view of the victim whom the offender knows to be
    present for the incident to be considered a sex offense.

-   Was the offender's purpose to degrade or humiliate the victim? The
    victim's description, a witness's observation(s), or the offender's
    statement(s) must clearly indicate that the purpose of the offender
    was to degrade or humiliate the victim.

-   Was the offender capable of knowing that the contact or exposure was
    sexual in nature and was unacceptable behavior? The student must be
    developmentally mature enough to know that the action was
    unacceptable behavior and the consequences for such behavior for the
    act to be considered a sex offense.

**[Example 11]{.underline}**

Fred comes up behind Ann and grabs her "behind."

[Reporting Decisions:]{.underline}

a)  Based on the observation alone, the incident would *not* be reported
    as a *sex offense* for the following reasons:

    -   While the offender did touch an "intimate" body part of the
        victim, per the definition, there was insufficient information
        without interviewing the students to determine the purpose of
        the contact.

b)  If there is no indication of provocation and the victim reports
    feeling that the behavior was intended to humiliate or degrade her,
    then the incident *would* be reported as a *sex offense*.

c)  If an observer interpreted that the act was clearly intended to
    humiliate or degrade, but the victim did not do so, the incident
    *would be* reported as a *sex offense*.

[Note:]{.underline} There may be "same gender" sex offenses.

+-----------+----------------------------------------------------------+
| **P       | Having on one's person or in one's locker or vehicle any |
| ossession | weapon (other than a firearm). A weapon is any           |
| of Other  | instrument readily capable of lethal use or of           |
| Weapon**  | inflicting bodily injury that includes, but is not       |
|           | limited to, knives, clubs or other bludgeons, chains,    |
|           | sling shots, leather bands studded with metal filings    |
|           | and razor blades. This category also includes stun guns  |
|           | and any device which projects, releases or emits tear    |
|           | gas or any other substance (e.g., pepper spray) intended |
|           | to produce temporary discomfort or permanent injury      |
|           | through being vaporized or otherwise dispensed in the    |
|           | air. Components that can readily be assembled into a     |
|           | weapon also apply.                                       |
|           |                                                          |
|           | An incident of possession, if not reported on the EVVRS, |
|           | may, of course, still be reported in the district's      |
|           | disciplinary record system.                              |
|           |                                                          |
|           | If Assault with Other Weapon is checked, Possession of   |
|           | Other Weapon cannot be checked. Consider age and         |
|           | developmentally appropriate behavior before using this   |
|           | category.                                                |
+-----------+----------------------------------------------------------+

[Considerations:]{.underline}

-   Was the object found on the student or in the student's locker one
    of the instruments or devices identified above that is readily
    capable of lethal use or inflicting bodily injury, or, in the case
    of devices for releasing vaporous substances, intended to produce
    temporary discomfort or permanent injury through being vaporized or
    otherwise released in the air?

-   What was the student's reason for having the object ("weapon")?

    -   If the student had the object for a **legitimate school-approved
        purpose** (e.g., drafting tools for a drafting class, compass
        for geometry class) the incident would not be considered
        possession of a weapon.

    -   Possessing a weapon to use *potentially* in an offensive or
        defensive capacity (e.g., carrying a knife for protection) would
        be reported.

-   Did the student voluntarily turn the weapon in to school officials?
    If the student turned the weapon in as soon as it was discovered,
    the incident would not be reported as possession of a weapon.

-   Was the offender reasonably capable of knowing, under the
    circumstances, that the instrument was capable of lethal use or
    inflicting bodily injury? The observer must consider whether or not
    the victim is developmentally mature enough to know that the
    instrument is a weapon and not permitted in school.

**[Example 12]{.underline}**

A high school male student is found with a box cutter in his jacket
pocket. He claims he needs it for his job at the local grocery store.
This claim is confirmed upon investigation. The youth has no history of
violent behavior, nor is there any indication of likely future violent
behavior on his part in school.

[Reporting Decisions:]{.underline}

a)  The incident *would* be reported as *possession of a weapon* for the
    following reasons:

    -   The object is readily capable of lethal use or inflicting
        serious bodily injury.

    -   The student did not voluntarily inform and voluntarily turn over
        the weapon to school staff. The weapon was found on the student.

b)  If the student had voluntarily informed school officials that he
    possessed a weapon for job purposes and voluntarily turned over the
    weapon the incident would *not* be reported as *possession of a
    weapon*.

c)  Since it was confirmed that the box cutter was related to the
    youth's employment, the district should act in accordance with its
    policy and might consider confiscating the weapon and advising the
    student and the student's parents and consulting with them on other
    arrangements, including leaving the box cutter at home to pick up
    before going to work or making arrangements to leave the box cutter
    in a secure place at work.

**[Example 13]{.underline}**

A middle school girl is found with a pen knife in her jacket. She states
that she needs to carry it as protection against another girl with whom
she has been having a dispute.

[Reporting Decisions:]{.underline}

a)  This incident *would* be reported as *possession of a weapon* for
    the following reasons:

    -   The object is readily capable of lethal use or inflicting
        serious bodily injury.

    -   Intent to possibly use as a weapon is indicated.

    -   The weapon was found on the student. The student did not
        voluntarily inform and voluntarily turn over the weapon to
        school staff.

**[Example 14]{.underline}**

A middle school student removes his jacket to hang it in his locker. A
fishing knife falls out of out of the jacket. The student immediately
picks up the knife and notifies school officials and turns over the
knife, explaining that he had been on a fishing trip with his family
over the weekend, returned home late Sunday night, and forgot that the
knife was in his jacket.

[Reporting Decisions:]{.underline}

a)  This incident would *not* be reported as *possession of a weapon*
    for the following reasons:

-   The student did not know that he had the "weapon" in his possession
    until it fell out of his pocket.

-   The student immediately and voluntarily turned the "weapon" in to
    school officials.

[Note:]{.underline} Though not reported, the school should impose
consequences as appropriate to its student code of conduct and advise
the parents of the incident and the school's policy.

**[Example 15]{.underline}**

A first grade student brings his grandfather's pocket knife to school to
fulfill a "show and tell" classroom assignment.

[Reporting Decisions:]{.underline}

a)  This incident would *not* be reported as a *weapons possession*
    incident for the following reason:

    -   While the school did not permit the student to bring the knife
        to school, the student was too young to understand that bringing
        the pocket knife to school was not permitted and dangerous.

    -   The student had a legitimate school-related (i.e.,
        "school-approved") purpose (i.e., classroom assignment) for
        carrying the "weapon."

> [Note:]{.underline} Though not reported, the school should impose
> consequences as appropriate to its student code of conduct and advise
> the parents of the incident and the school's policy.

+------------+---------------------------------------------------------+
| **H        | Any gesture or written, verbal or physical act that is  |
| arassment, | reasonably perceived as being motivated either by any   |
| In         | actual or perceived characteristic, such as race,       |
| timidation | color, religion, ancestry, national origin, gender,     |
| or         | sexual orientation, gender identity and expression, or  |
| Bullying** | a mental, physical or sensory handicap, or by any other |
|            | distinguishing characteristic, that takes place on      |
|            | school property, at any school-sponsored function or on |
|            | a school bus and that :                                 |
|            |                                                         |
|            | a\) a reasonable person should know, under the          |
|            | circumstances, will have the effect of harming a        |
|            | student or damaging the student's property; or          |
|            |                                                         |
|            | b\) has the effect of insulting 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. (N.J.S.A.    |
|            | 18A:37-13)                                              |
+------------+---------------------------------------------------------+

[Considerations:]{.underline}

-   Did the gesture or written, verbal or physical act harm a student,
    damage a student's property or insult or demean a 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?
    The observer must be sensitive to the kinds of disruption and
    interference that this type of behavior may cause. Some are obvious
    while others are subtle. For example, a fight might erupt due to
    harassment or bullying which clearly disrupts the orderly operations
    of the school; however, an exchange of insults while students
    enthusiastically continue to play basketball on the playground
    *might* not. A disparaging or abusive word or phrase directed at a
    student in front of other students regarding a perception or opinion
    about the student's sexual orientation may have the effect of
    harming a student, however, an act of name calling (e.g., "you're a
    punk") *might* not. Behaviors such as a student walking out of a
    classroom without permission, disobeying the teacher's direction to
    stand next to a certain individual in line, refusing to answer the
    teacher's questions or participate verbally in class, or making up
    excuses not to go to school, interfere with the orderly operation of
    the school and if caused by intimidation, harassment or bullying
    must be considered in this category.

-   Did the gesture or written, verbal or physical act take place,
    *wholly or in part,* on school property, at any school-sponsored
    function or on a school bus?

-   Was the gesture or act perceived by the victim or observer as being
    motivated by any actual or perceived characteristic or by any other
    distinguishing characteristic? The victim or group of victims must
    believe that the act was motivated by any actual or perceived
    characteristic for the incident to be considered harassment,
    intimidation or bullying.

-   Was the offender reasonably capable of knowing, under the
    circumstances, that the behavior would harm a student or damage the
    student's property? The observer must consider whether or not the
    victim is developmentally mature enough to know that the criminal
    offense would harm the victim or damage the victim's property for
    this to be considered harassment, intimidation or bullying.

**[Example 16]{.underline}**

Elliot is a twelve-year old regular education student whose build and
height is smaller than his classmates and has few friends in school.  A
few classmates took his back pack, while calling him a "sissy," pushing
him around and knocking him to the floor.  His mother has reported that
recently he has been losing sleep and fears going to school. 

[Reporting Decisions:]{.underline}

> a)      This incident *would* be reported as
> *harassment/intimidation/bullying* for the following reasons:
>
> •    The term, "sissy," referred to distinguishing characteristics
> (i.e., smaller build and height) and thereby demeaned the student; and
>
> •    There was harm (i.e., being knocked to the floor, losing sleep,
> fearing school) to the student.
>
> b)   This incident *would also* be reported as a *robbery*, since a
> material thing (i.e., the back pack) was taken by means of violence.
>
> c\) The district might also require a report under the local school
> district's disciplinary system, separate from the EVVRS, that
> addresses other behaviors not directed at a distinguishing
> characteristic or that did not harm the student.

**[Example 17]{.underline}**

Jimmy, an intermediate school student, used a racial slur in addressing
John, a classmate, and pushed him into another student standing nearby.
A fight broke out in the hall which delayed the beginning of class.

[Reporting Decisions:]{.underline}

> a)      This occurrence *would* be reported as
> *harassment/intimidation/bullying* since an insulting or demeaning
> comment was made on a distinguishing characteristic (i.e., race) of
> John, and
>
> the action caused substantial interference with the orderly operation
> of the school.

**[Example 18]{.underline}**

Four ninth grade students shouted derogatory religious slurs at a
classmate, while one of the four students drew on the chalkboard a
symbol that represents something of religious significance (e.g.,
swastika, cross, Star of David) to the classmate. Upon hearing the
teacher approach the classroom, one of the four students immediately
erased the symbol from the chalkboard and they all took their seats
before the teacher entered the room. After class, the victim told the
teacher of the occurrence and that she was afraid to go to her next
class.

[Reporting Decisions:]{.underline}

> a)      This occurrence *would* be reported as
> *harassment/intimidation/bullying* on the EVVRS for the following
> reasons:
>
> •        The religious slur referred to a distinguishing
> characteristic and insulted or demeaned the student;
>
> •        The actions had the effect of harming the student; and
>
> •        It is reasonable to believe that the offenders knew that the
> statements and the drawing of the symbol would have the effect of
> harming the student.
>
> b)      While there is no indication that the statements or the
> drawing of the symbol represented an interference with the orderly
> operation of the school, the incident would be reported for any of the
> reasons explained in (a) above.
>
> c)      Absent *either* the drawing of the symbol *or* the derogatory
> statements, the occurrence would still be reported on the EVVRS since
> there would be harm to the student as a result of either action.

**[Example 19]{.underline}**

Six boys were playing a game of touch football on the playground. After
a play with particularly close physical contact, one of the boys called
the other a "chump." The other boy responded by saying, "Who are you
calling a 'chump,' "punk?" The other participants immediately intervened
and the game continued.

[Reporting Decisions:]{.underline}

> a)      This occurrence would not be reported as
> *harassment/intimidation/bullying* for the following reasons:
>
> •        While the statements are not respectful, no distinguishing
> characteristics are indicated in the statements that would harm the
> students; and
>
> •        The statements did not cause substantial interruption in, or
> substantial interference with, the orderly operation of the school.

/media/pszemraj/PeterTrove/project-files/DATA/ms-word-files/big-DOC/310078.doc

New Jersey Department of Education

October 2003