How New Jersey Schools Are Required to Respond to Sexual Harassment by School Staff
The unthinkable happened: your child was sexually harassed by a staff member while at school. Whether the sexual harassment was from a teacher, administrator, coach, or other school employee, you don’t just need answers — you deserve accountability.
While reporting the sexual harassment to law enforcement is an important first step, you likely have questions about how your child’s school is legally required to respond to this egregious misconduct. New Jersey schools have specific obligations under both state and federal law. These procedures are designed to protect students, initiate investigations, and hold schools and their employees accountable.
Below, we outline the key legal responsibilities New Jersey schools have following allegations of sexual harassment.
How Does New Jersey Define Sexual Harassment in Schools?
Before you move forward with filing a report, it’s important to understand how the state of New Jersey defines sexual harassment. Per the Harassment, Intimidation & Bullying (HIB) Policy outlined in New Jersey’s Anti-Bullying Bill of Rights Act, sexual harassment refers to any persistent, pervasive, or severe behavior associated with sexual conduct that interferes with a student’s academic performance. This may include:
- Making sexual comments or jokes to a student
- Pressuring a student to go out on a date or engage in sexual favors
- Inappropriate and unwanted touching of a student
- Sharing sexually-explicit content (both physical and digital) with a student
- Sending unwanted text messages, social media posts, voice messages, or emails to a student that don’t pertain to school assignments
- Requesting inappropriate photos or videos of the student
- Making sexual comments about a student’s body, appearance, or gender
In all cases of school sexual harassment, there is a power dynamic in which the teacher or staff member uses their position of authority to intimidate a student.
Are NJ Schools Required to Report Sexual Harassment?
Drazin & Warshaw recently filed a notice of claim against an Essex County school and its school board for negligence after a student’s journal revealed years of alleged grooming by one of their teachers. Though some staff members were aware of the abuse and tried to intervene, they never reported it to the student’s parents or local law enforcement until the journal was discovered. This case brings up an important question: Are New Jersey schools required to report sexual harassment?
The answer is yes.
Reporting Process With an HIB
Once you are informed of the abuse, your first step is to fill out and submit a Harassment, Intimidation, or Bullying form (HIB) to your child’s school. This form is intended to not only inform the school of the sexual harassment but also to trigger an investigation.
Upon receiving notice of a potential or incoming HIB, school staff must:
- Verbally notify the principal on the same day the incident occurred or when they receive notice of the incoming HIB
- Generate a written report within two days of the verbal report
From there, the form will be reviewed.
Here’s where the caveat comes in.
Even though the HIB form usually triggers an investigation, the principal or their designee has discretion to decline to open an investigation if the allegations do not rise to the level of an HIB, even if the allegations are true. For example, an isolated incident such as a teacher hugging a student typically does not meet the HIB threshold. However, the school must still take appropriate action to document the incident once reported.
However, if the allegations do meet the HIB threshold, particularly if the alleged acts are severe and persistent enough to interfere with the student’s academic performance or put them in an intimidating or hostile environment, then an investigation begins. Once an investigation opens, the school has one day to begin taking action.
The investigation into the alleged sexual harassment must be completed no more than 10 days after the day of the written report. Afterward, the school administrator is required to report the findings to the school board, including services or training they provided to both the victim and staff, any disciplinary actions taken, and their recommendations for future actions.
After the school board receives the report detailing the above, it has five days to share the information with the alleged victims and their parents. Parents are entitled to receive details about the investigation, what evidence was found, and what actions were taken. If necessary, they can request a school board hearing to review the HIB report.
Reporting Requirements Per Title IX
For schools that receive federal funding, Title IX protects students from sex discrimination, including sexual harassment. In 2024, modifications were made to require schools to not only comply with reporting and investigational procedures but also to investigate all complaints of alleged discrimination, even if the harassment occurred off school property.
Schools are required to respond promptly when notified that sexual harassment occurred, or have reasonable suspicion to believe so. This huge change from 2020 (when schools were required to report based on actual knowledge) gives parents more opportunities to hold schools accountable when they fail to do their due diligence.
In short: School staff must not only be made aware of the sexual harassment complaint process, but be trained on how to effectively respond to claims and do so in a timely manner. Failure to comply makes the school liable for damages.
How Drazin & Warshaw Can Help You File a Claim Against Your Child’s School for Sexual Harassment
At Drazin & Warshaw, we understand that your focus should be on your child, not filling out forms, meeting deadlines, and checking in with the school. Let us handle that for you. We will work tirelessly to get answers for you and ensure that all reports are filed on time and that the school is meeting all required deadlines.
If you recently learned of or believe your child was the victim of sexual harassment at school, don’t delay. Contact our firm today at 732-333-8141 to schedule a free consultation with one of our school sexual abuse attorneys and learn about your rights. Our firm is dedicated to protecting the rights of students and holding negligent teachers and schools accountable when harm occurs. We represent families in Essex County, Hudson County, Union County, and throughout New Jersey.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
