Common use of Reporting Harassment, Intimidation or Bullying to Law Enforcement Clause in Contracts

Reporting Harassment, Intimidation or Bullying to Law Enforcement. Since “bullying” is not a criminal offense, there is no obligation on the part of school personnel to report all “bullying” investigations to a law enforcement agency. However, since the conduct that may constitute harassment, intimidation or bullying (HIB) may include an offense under the Code of Criminal Justice, such offenses must be reported to law enforcement when the conduct constitutes offenses that qualify as mandatory referrals under Article 4 of this Agreement. Other offenses may be reported to law enforcement pursuant to the voluntary referral provisions of Article 4.13 of this Agreement. When making mandated or voluntary reports, school officials agree to indicate any suspicions or evidence that the conduct was bias- related or gang-related. Victims of HIB also should be informed that they may report an alleged offense to the appropriate law enforcement agency; however, school officials should avoid expressing any opinion to victims as to whether the alleged conduct constitutes an offense under the Code of Criminal Justice. Under no circumstances shall any school employee prevent or discourage the victim of an offense from reporting the offense to a law enforcement agency.

Appears in 4 contracts

Samples: Uniform State Memorandum of Agreement, Uniform State Memorandum of Agreement, Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials

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