Common use of Reporting of HIB by Schools to Law Enforcement Clause in Contracts

Reporting of HIB by Schools to Law Enforcement. As set forth in Article 8.4.2 of this Agreement, HIB does not by itself constitute a criminal offense. Accordingly, there is no obligation on the part of school personnel to report HIB investigations to a law enforcement agency unless the conduct also constitutes an offense under New Jersey’s Code of Criminal Justice. Offenses must be reported to law enforcement if they qualify as mandatory referrals, as set forth under Article 4 of this Agreement. These mandatory referrals include: (1) whenever any school employee has reason to believe a violation of the Comprehensive Drug Reform Act has occurred; (2) whenever any school employee in the course of his or her employment, pursuant to N.J.A.C. 6A:16-5.5 and 6.3(b), develops reason to believe that a firearm has unlawfully been brought onto school grounds, or that any student or other person is in unlawful possession of a firearm, whether on or off school grounds, or that any student or other person has committed an offense with, or while in possession of, a firearm, whether or not such offense was committed on school grounds; (3) whenever any school employee in the course of his or her employment develops reason to believe that anyone has threatened, is planning, or otherwise intends to cause death, serious bodily injury, or significant bodily injury to another person under circumstances in which a reasonable person would believe that the person genuinely intends at some time in the future to commit the violent act or to carry out the threat, pursuant to N.J.A.C. 6A:16-6.3(c) through (e); and (4) whenever any school employee in the course of his or her employment develops reason to believe that a crime involving sexual penetration or criminal sexual contact has been committed on school grounds, or by or against a student during school operating hours or during school-related functions or activities, pursuant to N.J.A.C. 6A:16-6.3(d). It is strongly encouraged that other offenses be reported to law enforcement, pursuant to the voluntary referral provisions of Article 4.13 of this Agreement. An HIB event that occurs in school on a Friday can precipitate another event outside of school on a Saturday. When making mandatory or voluntary referrals, school officials agree to indicate any suspicions or evidence that the conduct was 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.