The district board of education establishes that "HIB" 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 either by 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 students; and that
• a reasonable person should know, under the circumstances, that the act(s) will have the effect of physically or emotionally harming a student or damaging the student’s property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property; or
• has the effect of insulting or demeaning any student or group of students; or
• creates a hostile educational environment for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student.

The district board of education recognizes that bullying is unwanted, aggressive behavior that may involve a real or perceived power imbalance.

The policy and procedures must address and impose consequences, in accordance with the district board of education’s code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, for acts of HIB that occur off school grounds, such as “cyber-bullying” (e.g., the use of electronic means to harass, intimidate or bully), when the HIB substantially disrupts or interferes with the orderly operation of the school or the rights of other students, consistent with N.J.S.A. 18A:37-14 and 15.3.