Common use of Differing Terminology and Approaches Clause in Contracts

Differing Terminology and Approaches. It is important to clarify the differing terminology and approaches used by education and law enforcement in order to avoid confusion. First, although harassment, intimidation and bullying (HIB) is defined in the “Anti-Bullying Bill of Rights Act,” there is no such definition in the New Jersey Code of Criminal Justice, and there is no criminal offense of “bullying” that can be charged or prosecuted as juvenile delinquency. In order for a law enforcement agency to investigate or prosecute a course of conduct that constitutes “bullying” there must be conduct that violates one or more provisions of the Code of Criminal Justice. Common bullying offenses include assault, harassment, threats, robbery and sexual offenses. However, HIB can exist without conduct that rises to the level of a violation of the Code of Criminal Justice. Furthermore, in investigating HIB under the “Anti-Bullying Bill of Rights Act” schools are not bound by the “beyond a reasonable doubt” standard of proof that is required in criminal or juvenile delinquency proceedings. Law enforcement investigations must focus on determining whether conduct violates one or more sections of the Code of Criminal Justice. School investigations of HIB must determine whether conduct meets the definition of HIB that is set forth in the “Anti-Bullying Bill of Rights Act.” (N.J.S.A. 18A:37-14.)

Differing Terminology and Approaches. ‌ It is important to clarify the differing terminology and approaches used by education and law enforcement in order to avoid confusion. First, although harassment, intimidation and bullying (HIB) is defined in the “Anti-Bullying Bill of Rights Act,” there is no such definition in the New Jersey Code of Criminal Justice, and there is no criminal offense of “bullying” that can be charged or prosecuted as juvenile delinquency. In order for a law enforcement agency to investigate or prosecute a course of conduct that constitutes “bullying” there must be conduct that violates one or more provisions of the Code of Criminal Justice. Common bullying offenses include assault, harassment, threats, robbery and sexual offenses. However, HIB can exist without conduct that rises to the level of a violation of the Code of Criminal Justice. Furthermore, in investigating HIB under the “Anti-Bullying Bill of Rights Act” schools are not bound by the “beyond a reasonable doubt” standard of proof that is required in criminal or juvenile delinquency proceedings. Law enforcement investigations must focus on determining whether conduct violates one or more sections of the Code of Criminal Justice. School investigations of HIB must determine whether conduct meets the definition of HIB that is set forth in the “Anti-Bullying Bill of Rights Act.” (N.J.S.A. 18A:37-14.)