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Bullying and Harassment

Accused of Bullying or Harassment? New Jersey HIB Lawyers Protecting Students and Their Futures

Being accused of harassment, intimidation, or bullying (“HIB”) in a New Jersey school can feel like your child’s reputation and future are under attack. These cases move quickly—often before families even understand what’s happening. A single incident, text message, or misunderstanding can result in formal findings, disciplinary action, and long-term stigma.

At Ratliff Jackson LLP, our HIB lawyers protect students from unfair treatment and ensure their rights are respected at every step of the process. Our HIB lawyers know that not every conflict is bullying—and every student deserves fairness.

Understanding New Jersey’s Harassment, Intimidation, and Bullying (HIB) Law

New Jersey’s Anti-Bullying Bill of Rights Act (N.J.S.A. 18A:37-14) defines harassment, intimidation, or bullying broadly. It includes any gesture, written, verbal, or physical act, or any electronic communication that is reasonably perceived to be motivated by a distinguishing characteristic—such as race, disability, gender, or religion—and that causes emotional or physical harm, or disrupts the learning environment.

The problem? Schools often interpret that definition too broadly, punishing ordinary disagreements or misinterpreting social behavior as harassment.

The New Jersey Department of Education provides extensive guidance on school responsibilities, investigation timelines, and parental rights. Our HIB lawyers ensure districts follow these procedures exactly—and that your child’s voice is heard before conclusions are drawn.

When a Student Is Wrongfully Accused

False or exaggerated bullying accusations are more common than most parents realize. They can stem from misunderstandings, retaliation, or the emotional intensity of teenage social life.

Our HIB lawyers have seen cases where:

  • Group chats or memes were misread as harassment
  • A student defended themselves and was labeled “the aggressor”
  • A disciplinary decision was made before the facts were reviewed

In each situation, our HIB lawyers help families challenge a bullying accusation by investigating the full context—reviewing witness statements, digital evidence, and school procedures to expose inconsistencies and bias.

Our HIB lawyers don’t just defend against accusations; we restore balance and reputation.

What Happens During an HIB Investigation

Schools must follow specific steps under the Anti-Bullying Bill of Rights Act:

  1. Immediate Oral Report – A staff member must verbally report the incident to the principal on the same day it occurs.
  2. Written Report – A formal written report must follow within two school days.
  3. Investigation – The school’s Anti-Bullying Specialist must complete an investigation within 10 school days.
  4. Superintendent Review – The report is reviewed by the superintendent.
  5. Board Hearing – The local Board of Education must issue a final determination, usually within 10 days of receiving the investigation.
  6. Right to Appeal – Families may appeal to the Commissioner of Education if the decision is unjust.

If any of these steps are skipped or mishandled, the results can be invalid. Our HIB lawyers identify procedural violations and use them to overturn flawed findings.

Criminal Charges and Parallel Investigations

Sometimes, HIB investigations overlap with criminal law—especially in alleged cases of cyberbullying, threats, or stalking. Students may face charges under N.J.S.A. 2C:33-4.1 (Cyber Harassment) or related statutes.

When a disciplinary matter also involves police or prosecutors, coordination between education and criminal defense is critical. Our HIB lawyers provide comprehensive protection—ensuring consistency between school responses and potential criminal exposure. Our HIB lawyers handle both arenas with precision and confidentiality.

Students with Disabilities and HIB Allegations

Students with disabilities are often involved in HIB matters—sometimes as victims, sometimes as the accused. The law requires schools to consider whether a disability contributed to the behavior in question.

Our HIB lawyers make sure districts honor rights under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. If disciplinary actions violate your child’s accommodations or behavioral support plan, we intervene to stop unlawful punishment and protect access to education.

For related issues, visit our School Suspension and Expulsion Defense page.

Common Legal Grounds to Challenge a Bullying or Harassment Finding

Our HIB lawyers help families and students challenge findings when schools:

  • Conduct biased or incomplete investigations
  • Ignore witness statements favorable to the accused
  • Misapply the HIB definition to ordinary disputes
  • Fail to notify parents promptly
  • Violate procedural timelines
  • Overlook disability-related factors
  • Retaliate after a parent files complaints or OPRA requests

Each of these errors can justify an appeal or expungement of the record. Our HIB lawyers know how to turn procedural missteps into strong defenses.

Appealing an HIB Decision

If your child has been found responsible for bullying or harassment, you have the right to appeal. Appeals move through:

  1. The Board of Education for internal review
  2. The Commissioner of Education for administrative appeal
  3. The Superior Court, Appellate Division for judicial review

Our HIB lawyers have represented students and families at every level. We prepare comprehensive appeal briefs, highlight procedural violations, and seek to overturn or modify findings. In some cases, we secure confidential settlements or record removals to protect future educational opportunities.

College and University Harassment Defense

Bullying and harassment aren’t confined to K–12 education. College students face similar accusations under Title IX or campus conduct codes. A finding of “harassment” at the university level can jeopardize scholarships, internships, and career prospects.

Our school discipline lawyers defend college students in disciplinary hearings, Title IX proceedings, and appeals—ensuring that due process and evidence standards are strictly followed.

Why Choose Ratliff Jackson LLP

  • We represent students and families—not schools.
  • We understand how education law and criminal defense intersect.
  • We act quickly to prevent irreversible disciplinary outcomes.
  • We protect both rights and reputations, ensuring that one mistake doesn’t define a student’s future.

Our approach is built on strategy, compassion, and credibility. Whether your child is in elementary school, high school, or college, we stand ready to defend their name and restore fairness.

Speak with a HIB Lawyer Today

If your child has been accused of harassment, intimidation, or bullying, the clock is already ticking. Schools have strict reporting deadlines—and you should too.

Protect Your Child’s Educational Rights Today

To schedule a confidential consultation, call 856-209-3111 or visit our consultation request page. Our office is located at 811 Church Rd., Cherry Hill, NJ 08002, and we proudly serve clients throughout South Jersey and Southeastern Pennsylvania. Please note that our student discipline defense practice serves clients nationally. 

Other Practice Areas of Education

New Jersey HIB Lawyers Frequently Asked Questions

The school already found my child “guilty” of bullying. Can we still fight it?

Yes. Even after the Board of Education issues an HIB finding, parents can appeal to the Commissioner of Education within 90 days. A New Jersey HIB Lawyer can review whether the district violated due process, misapplied the HIB definition, or ignored evidence. Many findings are overturned because schools failed to follow mandatory timelines or procedural rules.

The incident happened online and off school grounds. Can the school still punish my child?

It depends. Schools can only take action if the off-campus behavior caused a substantial disruption to the school environment. This is often misused to overreach into private, off-hours conduct. Our NJ HIB Lawyers analyze digital evidence, context, and school jurisdiction to determine whether the district even had the authority to discipline your child.

What if the school never told me about the investigation until it was over?

That’s a serious procedural flaw. Under New Jersey’s Anti-Bullying Bill of Rights Act, parents must be notified at key stages: the report, the investigation, and the board’s decision. If you weren’t informed, your rights were likely violated. A New Jersey HIB Lawyer can file for administrative review or appeal based on lack of notice and due process violations.

Can my child be labeled as a bully if they were defending themselves?

No — self-defense is not bullying. Yet schools sometimes overlook context, especially in peer conflicts. Our NJ HIB Lawyers ensure that investigators consider the entire incident, not just the complaint narrative. We also obtain witness statements and digital records that show when your child was acting in response, not aggression.

Will an HIB finding stay on my child’s record forever?

Not necessarily. While HIB findings can appear in school files, they are not automatically permanent. Through appeal or expungement requests, a New Jersey HIB Lawyer can work to remove or amend the record, especially if the finding was based on incomplete evidence or procedural violations. Early legal intervention makes this process much easier.

The alleged victim’s parent keeps posting about my child online. What can we do?

This may constitute defamation or retaliation, both prohibited under district policies and state law. Our NJ HIB Lawyers can send formal notices demanding the posts be removed, document the harm caused, and ensure the school addresses it properly. In some cases, we pursue separate legal remedies to protect your child’s privacy and reputation.

My child has anxiety and an IEP. Can the school still discipline them for HIB?

Only after a manifestation determination shows that the behavior wasn’t caused by or related to their disability. Many schools skip this step. Our New Jersey HIB Lawyers ensure compliance with IDEA and Section 504 — and stop schools from punishing disability-related conduct that should instead be addressed through support, not discipline.

The “Anti-Bullying Specialist” seems biased. Can we request someone else?

You can raise bias concerns during the process or on appeal. If the investigator is personally connected to the students involved or demonstrates bias, findings may be invalid. Our NJ HIB Lawyers often challenge investigations where the specialist failed to remain neutral or relied solely on one-sided accounts.

Can a single comment or joke qualify as HIB under New Jersey law?

Sometimes — but intent and context matter. The law requires that the act cause harm or disruption and be motivated by a distinguishing characteristic. Our New Jersey HIB Lawyers dissect these elements to show when schools stretch the definition too far. Not every unkind comment qualifies as HIB.

My child’s college revoked admission after a high school HIB finding. Is there anything we can do?

Yes. Colleges sometimes reconsider decisions if new evidence emerges or if the HIB finding is overturned or expunged. Our NJ HIB Lawyers coordinate both school appeals and post-admission communications to help clear your child’s name and salvage their educational opportunities.

 

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