"Harassment, intimidation, or
bullying" means any gesture, any written, verbal or physical act, or any
electronic communication, as defined in N.J.S.A. 18A:37-14, whether it be a
single incident or a series of incidents that:
- Is
reasonably perceived as being motivated by either any actual or perceived
characteristic, such as race, color, religion, ancestry, national origin,
gender, sexual orientation, gender identity and expression, or a mental,
physical or sensory disability; or
- By any other
distinguishing characteristic; and that
- Takes place on
school property, at any school-sponsored function, on a school bus, or off
school grounds, as provided for in N.J.S.A. 18A:37-15.3, that substantially
disrupts or interferes with the orderly operation of the school or the rights
of other pupils; and that
- A reasonable
person should know, under the circumstances, that the act(s) will have the
effect of physically or emotionally harming a pupil or damaging the pupil’s
property, or placing a pupil in reasonable fear of physical or emotional harm
to his/her person or damage to his/her property; or
- Has the effect of
insulting or demeaning any pupil or group of pupils; or
- Creates a hostile
educational environment for the pupil by interfering with a pupil’s education
or by severely or pervasively causing physical or emotional harm to the pupil.
"Electronic communication" means a communication
transmitted by means of an electronic device, including, but not limited to, a
telephone, cellular phone, computer, or pager.