Common use of Coordination of HIB and Criminal Investigations Clause in Contracts

Coordination of HIB and Criminal Investigations. When a criminal investigation is initiated by law enforcement, but a school district has already initiated its own disciplinary investigation for the same incident or conduct, a school district generally agrees to suspend its own investigation until law enforcement has concluded its investigation. This best practice avoids hampering ongoing criminal investigations. Although the Anti-Bullying Bill of Rights Act (ABR) provides a ten school day timeframe to complete an HIB investigation, this investigation should be suspended or “stayed” when deemed appropriate and requested by law enforcement. The suspension or stay of a school district’s HIB investigation may be appropriate when, among other things, there is a concern that witness statements and/or evidence could be adversely affected or detrimental to an ongoing criminal investigation. Although, a law enforcement investigation focuses on whether there has been a violation(s) of the Code of Criminal Justice, an HIB investigation focuses on whether an act has been committed in violation of the ABR. In an effort to avoid hampering the independent efforts, and objectives, of both law enforcement and school officials, when law enforcement deems it appropriate for a school district to suspend or stay its HIB investigation because its own investigation could be compromised by a simultaneous or concurrent HIB investigation, it may request that the school district suspend or stay its HIB investigation. It is only when law enforcement affirmatively requests a school district to suspend or stay its HIB investigation that such an investigation should be suspended or stayed. If law enforcement does not affirmatively request a suspension or stay of an HIB investigation, a school district must comply with all applicable ABR timeframes. If law enforcement has not affirmatively requested a stay or suspension of an HIB investigation, but a school district believes that the action(s) involved may constitute a criminal offense(s), it should contact law enforcement to inquire as to whether law enforcement may want to investigate the matter and, thereby, stay or suspend the school district’s HIB investigation. When law enforcement requests a suspension or stay of an HIB investigation, school officials must immediately memorialize this request, in writing, and advise the parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s) of law enforcement’s request. Notice to the parents must include the fact that the time limit on filing a complaint in the Division on Civil Rights must not be delayed due to law enforcement’s request. If the parent(s)/guardian(s) objects, either orally or in writing, to the suspension or stay of the school district’s HIB investigation, law enforcement must seek appropriate legal assistance from the County Prosecutor’s Office to obtain a formal court order compelling the stay. In addition, and more specifically: • If law enforcement requests a suspension or stay of an HIB investigation, but the school district has not yet initiated its investigation, the school district must initiate its investigation but solely for the purpose of safeguarding the health and welfare of its students, and not for the purpose of determining whether HIB occurred. The school district’s HIB investigation must remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must have the ten school days to complete its HIB investigation. • If law enforcement requests a suspension or stay of an HIB investigation, but the school district has already initiated its investigation, the school must immediately cease and stay its HIB investigation at the request of law enforcement while following the parental/victim notification requirements and seeking court orders to stay requirements set forth above. However, the school district must still be required to safeguard the health and welfare of its students. The school district’s HIB investigation must remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must have the number of days remaining in the ten school day timeframe to complete its HIB investigation (e.g., if law enforcement directs a school district to cease its investigation on day three, then the school district must have seven days, following clearance from the county prosecutor, to complete its HIB investigation).

Coordination of HIB and Criminal Investigations. When a criminal investigation is initiated by law enforcement, but a school district has already initiated its own disciplinary investigation for the same incident or conduct, a school district generally agrees to suspend its own investigation until law enforcement has concluded its investigation. This best practice avoids hampering ongoing criminal investigations. Although the Anti-Bullying Bill of Rights Act (ABR) provides a ten school day timeframe to complete an HIB investigation, this investigation should be suspended or “stayed” when deemed appropriate and requested by law enforcement. The suspension or stay of a school district’s HIB investigation may be appropriate when, among other things, there is a concern that witness statements and/or evidence could be adversely affected or detrimental to an ongoing criminal investigation. Although, a law enforcement investigation focuses on whether there has been a violation(s) of the Code of Criminal Justice, an HIB investigation focuses on whether an act has been committed in violation of the ABR. In an effort to avoid hampering the independent efforts, and objectives, of both law enforcement and school officials, when law enforcement deems it appropriate for a school district to suspend or stay its HIB investigation because its own investigation could be compromised by a simultaneous or concurrent HIB investigation, it may request that the school district suspend or stay its HIB investigation. It is only when law enforcement affirmatively requests a school district to suspend or stay its HIB investigation that such an investigation should be suspended or stayed. If law enforcement does not affirmatively request a suspension or stay of an HIB investigation, a school district must comply with all applicable ABR timeframes. If law enforcement has not affirmatively requested a stay or suspension of an HIB investigation, but a school district believes that the action(s) involved may constitute a criminal offense(s), it should contact law enforcement to inquire as to whether law enforcement may want to investigate the matter and, thereby, stay or suspend the school district’s HIB investigation. When law enforcement requests a suspension or stay of an HIB investigation, school officials must immediately memorialize this request, in writing, and advise the parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s) of law enforcement’s request. Notice to the parents must include the fact that the time limit on filing a complaint in the Division on Civil Rights must not be delayed due to law enforcement’s request. If the parent(s)/guardian(s) objects, either orally or in writing, to the suspension or stay of the school district’s HIB investigation, law enforcement must seek appropriate legal assistance from the County Prosecutor’s Office to obtain a formal court order compelling the stay. In addition, and more specifically: •  If law enforcement requests a suspension or stay of an HIB investigation, but the school district has not yet initiated its investigation, the school district must initiate its investigation but solely for the purpose of safeguarding the health and welfare of its students, and not for the purpose of determining whether HIB occurred. The school district’s HIB investigation must remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must have the ten school days to complete its HIB investigation. •  If law enforcement requests a suspension or stay of an HIB investigation, but the school district has already initiated its investigation, the school must immediately cease and stay its HIB investigation at the request of law enforcement while following the parental/victim notification requirements and seeking court orders to stay requirements set forth above. However, the school district must still be required to safeguard the health and welfare of its students. The school district’s HIB investigation must remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must have the number of days remaining in the ten school day timeframe to complete its HIB investigation (e.g., if law enforcement directs a school district to cease its investigation on day three, then the school district must have seven days, following clearance from the county prosecutor, to complete its HIB investigation).

Coordination of HIB and Criminal Investigations. ‌ When a criminal investigation is initiated by law enforcement, but a school district has already initiated its own disciplinary investigation for the same incident or conduct, a school district generally agrees to suspend its own investigation until law enforcement has concluded its investigation. This best practice avoids hampering ongoing criminal investigations. Although the Anti-Bullying Bill of Rights Act (ABR) provides a ten school day timeframe to complete an HIB investigation, this investigation should be suspended or “stayed” when deemed appropriate and requested by law enforcement. The suspension or stay of a school district’s HIB investigation may be appropriate when, among other things, there is a concern that witness statements and/or evidence could be adversely affected or detrimental to an ongoing criminal investigation. Although, a law enforcement investigation focuses on whether there has been a violation(s) of the Code of Criminal Justice, an HIB investigation focuses on whether an act has been committed in violation of the ABR. In an effort to avoid hampering the independent efforts, and objectives, of both law enforcement and school officials, when law enforcement deems it appropriate for a school district to suspend or stay its HIB investigation because its own investigation could be compromised by a simultaneous or concurrent HIB investigation, it may request that the school district suspend or stay its HIB investigation. It is only when law enforcement affirmatively requests a school district to suspend or stay its HIB investigation that such an investigation should be suspended or stayed. If law enforcement does not affirmatively request a suspension or stay of an HIB investigation, a school district must comply with all applicable ABR timeframes. If law enforcement has not affirmatively requested a stay or suspension of an HIB investigation, but a school district believes that the action(s) involved may constitute a criminal offense(s), it should contact law enforcement to inquire as to whether law enforcement may want to investigate the matter and, thereby, stay or suspend the school district’s HIB investigation. When law enforcement requests a suspension or stay of an HIB investigation, school officials must immediately memorialize this request, in writing, and advise the parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s) of law enforcement’s request. Notice to the parents must include the fact that the time limit on filing a complaint in the Division on Civil Rights must shall not be delayed due to law enforcement’s request. If the parent(s)/guardian(s) objects, either orally or in writing, to the suspension or stay of the school district’s HIB investigation, law enforcement must seek appropriate legal assistance from the County Prosecutor’s Office to obtain a formal court order compelling the stay. In addition, and more specifically: • If law enforcement requests a suspension or stay of an HIB investigation, but the school district has not yet initiated its investigation, the school district must shall initiate its investigation but solely for the purpose of safeguarding the health and welfare of its students, and not for the purpose of determining whether HIB occurred. The school district’s HIB investigation must shall remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must shall immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must shall have the ten school days to complete its HIB investigation. • If law enforcement requests a suspension or stay of an HIB investigation, but the school district has already initiated its investigation, the school must shall immediately cease and stay its HIB investigation at the request of law enforcement while following the parental/victim notification requirements and seeking court orders to stay requirements set forth above. However, the school district must shall still be required to safeguard the health and welfare of its students. The school district’s HIB investigation must shall remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must shall immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must shall have the number of days remaining in the ten school day timeframe to complete its HIB investigation (e.g., if law enforcement directs a school district to cease its investigation on day three, then the school district must shall have seven days, following clearance from the county prosecutor, to complete its HIB investigation). • If law enforcement requests a suspension or stay of an HIB investigation, but the school district has already completed its investigation, the ten school day timeframe shall be unaffected. However, in the event that additional information is available upon the completion of a criminal investigation, the ABR permits the school anti-bullying specialist to amend the original report with the results of the investigation to reflect the additional information (N.J.S.A. 18A:37-15b(6)a). The anti-bullying specialist should review this additional information, and promptly determine whether the original report should be amended. • If law enforcement requests a suspension or stay of school district action at any other point, including prior to the reporting of the results of the investigation to the chief school administrator or the board of education; the reporting of information to the parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s); a parental request hearing before the board of education; or prior to the issuance of the board of education’s written decision; the school district shall comply with this request while following the parental/victim notification requirements and seeking court orders, if necessary, to stay requirements set forth above. All school district action shall be stayed during the pendency of law enforcement’s request. Following notification of that completion from the county prosecutor, the school district shall immediately resume any and all remaining action(s) required under law and regulation.

Coordination of HIB and Criminal Investigations. When a criminal investigation is initiated by law enforcement, but a school district has already initiated its own disciplinary investigation for the same incident or conduct, a school district generally agrees to suspend its own investigation until law enforcement has concluded its investigation. This best practice avoids hampering ongoing criminal investigations. Although the Anti-Bullying Bill of Rights Act (ABR) provides a ten school day timeframe to complete an HIB investigation, this investigation should be suspended or “stayed” when deemed appropriate and requested by law enforcement. The suspension or stay of a school district’s HIB investigation may be appropriate when, among other things, there is a concern that witness statements and/or evidence could be adversely affected or detrimental to an ongoing criminal investigation. Although, a law enforcement investigation focuses on whether there has been a violation(s) of the Code of Criminal Justice, an HIB investigation focuses on whether an act has been committed in violation of the ABR. In an effort to avoid hampering the independent efforts, and objectives, of both law enforcement and school officials, when law enforcement deems it appropriate for a school district to suspend or stay its HIB investigation because its own investigation could be compromised by a simultaneous or concurrent HIB investigation, it may request that the school district suspend or stay its HIB investigation. It is only when law enforcement affirmatively requests a school district to suspend or stay its HIB investigation that such an investigation should be suspended or stayed. If law enforcement does not affirmatively request a suspension or stay of an HIB investigation, a school district must comply with all applicable ABR timeframes. If law enforcement has not affirmatively requested a stay or suspension of an HIB investigation, but a school district believes that the action(s) involved may constitute a criminal offense(s), it should contact law enforcement to inquire as to whether law enforcement may want to investigate the matter and, thereby, stay or suspend the school district’s HIB investigation. When law enforcement requests a suspension or stay of an HIB investigation, school officials must immediately memorialize this request, in writing, and advise the parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s) of law enforcement’s request. Notice to the parents must include the fact that the time limit on filing a complaint in the Division on Civil Rights must shall not be delayed due to law enforcement’s request. If the parent(s)/guardian(s) objects, either orally or in writing, to the suspension or stay of the school district’s HIB investigation, law enforcement must seek appropriate legal assistance from the County Prosecutor’s Office to obtain a formal court order compelling the stay. In addition, and more specifically: •  If law enforcement requests a suspension or stay of an HIB investigation, but the school district has not yet initiated its investigation, the school district must shall initiate its investigation but solely for the purpose of safeguarding the health and welfare of its students, and not for the purpose of determining whether HIB occurred. The school district’s HIB investigation must shall remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must shall immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must shall have the ten school days to complete its HIB investigation. •  If law enforcement requests a suspension or stay of an HIB investigation, but the school district has already initiated its investigation, the school must shall immediately cease and stay its HIB investigation at the request of law enforcement while following the parental/victim notification requirements and seeking court orders to stay requirements set forth above. However, the school district must shall still be required to safeguard the health and welfare of its students. The school district’s HIB investigation must shall remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must shall immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must shall have the number of days remaining in the ten school day timeframe to complete its HIB investigation (e.g., if law enforcement directs a school district to cease its investigation on day three, then the school district must shall have seven days, following clearance from the county prosecutor, to complete its HIB investigation).  If law enforcement requests a suspension or stay of an HIB investigation, but the school district has already completed its investigation, the ten school day timeframe shall be unaffected. However, in the event that additional information is available upon the completion of a criminal investigation, the ABR permits the school anti-bullying specialist to amend the original report with the results of the investigation to reflect the additional information (N.J.S.A. 18A:37-15b(6)a). The anti-bullying specialist should review this additional information, and promptly determine whether the original report should be amended.  If law enforcement requests a suspension or stay of school district action at any other point, including prior to the reporting of the results of the investigation to the chief school administrator or the board of education; the reporting of information to the parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s); a parental request hearing before the board of education; or prior to the issuance of the board of education’s written decision; the school district shall comply with this request while following the parental/victim notification requirements and seeking court orders, if necessary, to stay requirements set forth above. All school district action shall be stayed during the pendency of law enforcement’s request. Following notification of that completion from the county prosecutor, the school district shall immediately resume any and all remaining action(s) required under law and regulation.

Coordination of HIB and Criminal Investigations. ‌ When a criminal investigation is initiated by law enforcement, but a school district has already initiated its own disciplinary investigation for the same incident or conduct, a school district generally agrees to suspend its own investigation until law enforcement has concluded its investigation. This best practice avoids hampering ongoing criminal investigations. Although the Anti-Bullying Bill of Rights Act (ABR) provides a ten school day timeframe to complete an HIB investigation, this investigation should be suspended or “stayed” when deemed appropriate and requested by law enforcement. The suspension or stay of a school district’s HIB investigation may be appropriate when, among other things, there is a concern that witness statements and/or evidence could be adversely affected or detrimental to an ongoing criminal investigation. Although, a law enforcement investigation focuses on whether there has been a violation(s) of the Code of Criminal Justice, an HIB investigation focuses on whether an act has been committed in violation of the ABR. In an effort to avoid hampering the independent efforts, and objectives, of both law enforcement and school officials, when law enforcement deems it appropriate for a school district to suspend or stay its HIB investigation because its own investigation could be compromised by a simultaneous or concurrent HIB investigation, it may request that the school district suspend or stay its HIB investigation. It is only when law enforcement affirmatively requests a school district to suspend or stay its HIB investigation that such an investigation should be suspended or stayed. If law enforcement does not affirmatively request a suspension or stay of an HIB investigation, a school district must comply with all applicable ABR timeframes. If law enforcement has not affirmatively requested a stay or suspension of an HIB investigation, but a school district believes that the action(s) involved may constitute a criminal offense(s), it should contact law enforcement to inquire as to whether law enforcement may want to investigate the matter and, thereby, stay or suspend the school district’s HIB investigation. When law enforcement requests a suspension or stay of an HIB investigation, school officials must immediately memorialize this request, in writing, and advise the parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s) of law enforcement’s request. Notice to the parents must include the fact that the time limit on filing a complaint in the Division on Civil Rights must not be delayed due to law enforcement’s request. If the parent(s)/guardian(s) objects, either orally or in writing, to the suspension or stay of the school district’s HIB investigation, law enforcement must seek appropriate legal assistance from the County Prosecutor’s Office to obtain a formal court order compelling the stay. In addition, and more specifically: • If law enforcement requests a suspension or stay of an HIB investigation, but the school district has not yet initiated its investigation, the school district must initiate its investigation but solely for the purpose of safeguarding the health and welfare of its students, and not for the purpose of determining whether HIB occurred. The school district’s HIB investigation must remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must have the ten school days to complete its HIB investigation. • If law enforcement requests a suspension or stay of an HIB investigation, but the school district has already initiated its investigation, the school must immediately cease and stay its HIB investigation at the request of law enforcement while following the parental/victim notification requirements and seeking court orders to stay requirements set forth above. However, the school district must still be required to safeguard the health and welfare of its students. The school district’s HIB investigation must remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must have the number of days remaining in the ten school day timeframe to complete its HIB investigation (e.g., if law enforcement directs a school district to cease its investigation on day three, then the school district must have seven days, following clearance from the county prosecutor, to complete its HIB investigation).

Coordination of HIB and Criminal Investigations. When a criminal investigation is initiated by law enforcement, but a school district has already initiated its own disciplinary investigation for the same incident or conduct, a school district generally agrees to suspend its own investigation until law enforcement has concluded its investigation. This best practice avoids hampering ongoing criminal investigations. Although the Anti-Bullying Bill of Rights Act (ABR) provides a ten school day timeframe to complete an HIB investigation, this investigation should be suspended or “stayed” when deemed appropriate and requested by law enforcement. The suspension or stay of a school district’s HIB investigation may be appropriate when, among other things, there is a concern that witness statements and/or evidence could be adversely affected or detrimental to an ongoing criminal investigation. Although, a law enforcement investigation focuses on whether there has been a violation(s) of the Code of Criminal Justice, an HIB investigation focuses on whether an act has been committed in violation of the ABR. In an effort to avoid hampering the independent efforts, and objectives, of both law enforcement and school officials, when law enforcement deems it appropriate for a school district to suspend or stay its HIB investigation because its own investigation could be compromised by a simultaneous or concurrent HIB investigation, it may request that the school district suspend or stay its HIB investigation. It is only when law enforcement affirmatively requests a school district to suspend or stay its HIB investigation that such an investigation should be suspended or stayed. If law enforcement does not affirmatively request a suspension or stay of an HIB investigation, a school district must comply with all applicable ABR timeframes. If law enforcement has not affirmatively requested a stay or suspension of an HIB investigation, but a school district believes that the action(s) involved may constitute a criminal offense(s), it should contact law enforcement to inquire as to whether law enforcement may want to investigate the matter and, thereby, stay or suspend the school district’s HIB investigation. When law enforcement requests a suspension or stay of an HIB investigation, school officials must immediately memorialize this request, in writing, and advise the parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s) of law enforcement’s request. Notice to the parents must include the fact that the time limit on filing a complaint in the Division on Civil Rights must shall not be delayed due to law enforcement’s request. If the parent(s)/guardian(s) objects, either orally or in writing, to the suspension or stay of the school district’s HIB investigation, law enforcement must seek appropriate legal assistance from the County Prosecutor’s Office to obtain a formal court order compelling the stay. In addition, and more specifically: • If law enforcement requests a suspension or stay of an HIB investigation, but the school district has not yet initiated its investigation, the school district must shall initiate its investigation but solely for the purpose of safeguarding the health and welfare of its students, and not for the purpose of determining whether HIB occurred. The school district’s HIB investigation must shall remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must shall immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must shall have the ten school days to complete its HIB investigation. • If law enforcement requests a suspension or stay of an HIB investigation, but the school district has already initiated its investigation, the school must shall immediately cease and stay its HIB investigation at the request of law enforcement while following the parental/victim notification requirements and seeking court orders to stay requirements set forth above. However, the school district must shall still be required to safeguard the health and welfare of its students. The school district’s HIB investigation must shall remain open and stayed during the pendency of law enforcement’s investigation. Upon completion of the law enforcement investigation, and following notification of that completion from the county prosecutor, the anti-bullying specialist must shall immediately resume the school’s HIB investigation. In this instance, the anti-bullying specialist must shall have the number of days remaining in the ten school day timeframe to complete its HIB investigation (e.g., if law enforcement directs a school district to cease its investigation on day three, then the school district must shall have seven days, following clearance from the county prosecutor, to complete its HIB investigation). If law enforcement requests a suspension or stay of an HIB investigation, but the school district has already completed its investigation, the ten school day timeframe shall be unaffected. However, in the event that additional information is available upon the completion of a criminal investigation, the ABR permits the school anti-bullying specialist to amend the original report with the results of the investigation to reflect the additional information (N.J.S.A. 18A:37-15b(6)a). The anti-bullying specialist should review this additional information, and promptly determine whether the original report should be amended. If law enforcement requests a suspension or stay of school district action at any other point, including prior to the reporting of the results of the investigation to the chief school administrator or the board of education; the reporting of information to the parent(s)/guardian(s) of the alleged perpetrator(s) and alleged victim(s); a parental request hearing before the board of education; or prior to the issuance of the board of education’s written decision; the school district shall comply with this request while following the parental/victim notification requirements and seeking court orders, if necessary, to stay requirements set forth above. All school district action shall be stayed during the pendency of law enforcement’s request. Following notification of that completion from the county prosecutor, the school district shall immediately resume any and all remaining action(s) required under law and regulation.