The NJDOE developed
the following EVVRS incident scenarios to illustrate how school districts must
apply the EVVRS incident definitions in certain situations.
! |
The
EVVRS Incident Scenarios are not intended as a substitute for the EVVRS
Incident Definitions. Alone, the EVVRS Incident Scenarios will not help EVVRS
users understand how to apply EVVRS incident categories. Users should first
review and understand the VV-SA Incident
Definitions, then review the EVVRS Incident Scenarios to test their
understanding of the definitions. |
! |
Always
reference the VV-SA Incident Definitions
when using the EVVRS Incident Scenarios and when reporting incidents. |
F |
Only
incidents that clearly meet VV-SA Incident
Definitions must be reported into the system. Districts can achieve
greater accuracy and consistency in reporting incidents by using the EVVRS
Incident Scenarios to supplement their understanding of the EVVRS Incident
Definitions. |
F |
Districts
must review the EVVRS Incident Definitions and EVVRS Incident Scenarios with
school personnel each year so that only those incidents that clearly meet the
criteria are reported. This review can help districts meet their annual EVVRS
in-service requirement (see EVVRS Training). |
F |
Both
the EVVRS Incident Definitions and EVVRS Incident Scenarios are provided as
stand-alone documents on the EVVRS Welcome page to
make it easier for districts to print and circulate these documents for use
in staff training. |
! |
As you review the EVVRS
Incident Scenarios, pay special attention to the offenses marked with an asterisk (*).
An asterisk indicates that the offense type is used in the identification of
persistently dangerous schools. A victim of this type of offense may be
considered a “victim of a violent crime” under the Unsafe
School Choice Option policy, and such a determination must be indicated
on the Victim Information Page of the incident report. (To determine whether
a victim is “a victim of a violent criminal offense,” see Appendix
C.) |
F |
Students
in the scenarios are general education students unless otherwise noted. |
F |
The Role of Bias As
the scenarios that follow illustrate, bias can play a
role in any EVVRS-defined incident. For
example, in the case of a student who continually intimidates another student
using racial slurs, bias would be associated with the HIBT
incident as a result of the EVVRS-defined offender’s actions. In another
case, a student who makes a biased remark to a student may be struck by the
student whom he or she insults, in which case bias would be associated with a
Assault
incident as a result of the EVVRS-defined victim’s actions. The
EVVRS does not distinguish who exhibits bias, only that bias is associated
with the incident as a whole. |
F |
Age and Developmental
Maturity In
deciding whether or not an incident should be reported on the EVVRS, users
must consider the age and developmental maturity
of the offender. |
F |
An
EVVRS incident is considered “gang-related” when there is confirmation to
that effect from a law enforcement official, the victim, or the offender. |
EVVRS Scenarios:
Violence—Set 1 Is it an Assault*
and/or a Fight? Subcategory: Assault* A person attempts to cause – or purposely, knowingly, or
recklessly causes – bodily injury to another. Subcategory: Fight Mutual engagement in a physical confrontation that may result in
bodily injury to either party. Does not include a verbal confrontation or a
minor confrontation, such as a shoving match. Each participant must be
classified as an offender. |
Scenario 1: “The Cafeteria” Stacey verbally taunted and harassed Rebecca
with derogatory comments while they were eating lunch in the cafeteria. Then,
Stacey forcefully pushed Rebecca’s chair over backward and Rebecca fell to
the ground. Rebecca got up and hit Stacey. Stacey hit her back. The girls
wrestled and punched each other until a lunch aide separated them. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decision |
While Stacey clearly instigated the
fight by attempting to injure Rebecca, the students also mutually engaged in
a physical confrontation that could result in bodily injury to either party. |
Report the incident as both an Assault*
and a Fight. Rebecca is the victim of the Assault*
since Stacey purposely tried to hurt her. Report both Rebecca and Stacey as
offenders in the Fight that followed the assault. |
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
The student’s fall from the chair was
not related to any action by another student. |
Do not report this as an Assault*. Only report it as a Fight. |
A law enforcement official confirmed
that the fight was gang-related. |
Check Yes in the Gang Related field of the incident header when
entering the information on the EVVRS. |
The act was motivated by an actual or
perceived characteristic, as described in the EVVRS definition of a bias Incident. |
Check Yes in the Bias field of the incident header when entering
the information on the EVVRS. |
The student who was pushed from the
chair did not strike his or her attacker after the fall, but walked away from
the situation. |
Report this as an Assault*. Check Yes in the Bias field on the incident header
only if the act was motivated by an actual or perceived characteristic. |
Scenario 2: “The Stick” Max and Ricky, both kindergarten students, were
chasing and tackling each other during recess. While they were playing, Ricky
picked up an eight-inch stick and swung it around, hitting Max in the
shoulder and causing a small scratch. An aide witnessed the situation and
stopped any further contact between the boys. The aide asked Ricky why he hit
Max and if he intended to hurt him. Ricky explained that he was just
pretending to be a helicopter and did not mean to hurt Max. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Ricky did not attempt to cause the injury and did not realize
his play behavior would cause an injury. |
Do not report the incident. |
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
The victim’s injury was more serious. |
Only report the incident as an Assault* if the offender clearly knew that his reckless action could cause an injury. |
Scenario 3: “The Ruler” Eight-year-old Carlos, who has had a pattern of
conduct problems, made unsolicited loud comments and continued to get out of
his chair without permission throughout the morning, which frequently
disrupted classroom activities. The teacher reprimanded him several times,
but each time, the behavior started again minutes later. After the teacher’s
last attempt to redirect Carlos, he started banging progressively harder on
his desk with his ruler. The teacher asked him for the ruler and walked
toward him to retrieve it. Carlos refused to give it to her. She put her hand
out to take the ruler, but instead of giving it to her, Carlos hit her arm
with it. The teacher grimaced in pain, then sent Carlos to the principal’s
office. The principal asked Carlos what happened. Carlos told the principal
that he hated his teacher and that he hit her with a ruler because he wanted
to hurt her. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Carlos intended to hurt the teacher and understood the
consequences of hitting her with a ruler. |
Report the incident as an Assault*, with
the teacher as the victim. |
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
The student struck the teacher with a ruler, but indicated that
he was only trying to stop her from taking it away; he said that he did not
think it would hurt her. |
Do not report the incident at all because the student did not
intend to harm the teacher and did not understand the potential consequences of his
actions. |
The student has used a ruler to hurt someone on more than one
occasion and clearly understands that a ruler can be used to injure. |
Report the incident as an Assault*. However, do not also report (weapon) Used in Offense because a ruler is
not, per the definition, “readily capable of lethal use or of inflicting
serious bodily injury.” |
The student swung the ruler around wildly, hitting the teacher
in the face and causing a scratch. |
The student behaved recklessly,
causing an injury. Report the incident as an Assault*
with the teacher as the victim. |
The student tapped the teacher on the arm with the ruler. |
The student did not attempt to injure
the teacher and no injury resulted. Do not report this incident on the EVVRS. |
Scenario 4: “The Hallway” Paul, a student with a disability, and Rich, a
general education student, both sophomores, were punching each other in the
hallway when the wrestling coach ordered the boys to break it up. When they
did not stop, the coach stepped between the boys in an attempt to stop the
fight, and Paul struck him on the side of the head. Horrified that he struck
the coach, Paul immediately stopped punching and apologized many times. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
The boys mutually engaged in a physical confrontation. The fact
that Paul did not stop after the coach intervened was reckless and caused an
injury to the coach. |
Report the incident as a Fight. Additionally, since Paul acted
recklessly and injured the coach, also report this as an Assault* with the coach as the victim. |
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
The student that struck the coach was not aware of the coach’s
presence. |
If the student did not see or hear the coach, do not report this
as an Assault* on the EVVRS. Only report it as a
Fight. |
Even though this incident involved a student with a disability,
this is not an Other—Spec. Ed. offense, and
you should not use the “EVVRS Report of Suspensions/Removals of Students With Disabilities
for Reasons Other Than Violence, Vandalism, and Substance Abuse Form” to report it. The Suspension Form is only used to report
the suspension of a student with a disability for reasons OTHER THAN
violence, vandalism, weapons, or substance abuse. Report ALL VV-SA incidents, such as this one, using the “EVVRS
Violence, Vandalism, and Substance Abuse Incident Report Form.” |
Scenario 5: “The Boys’ Room” As Mike was walking out of the boys’ bathroom,
Steven made a derogatory comment in reference to Mike’s religious background
and also made a derogatory gesture with his hand. Mike became angry and
forcefully punched Steven in the stomach. A teacher approached just as the
punch was thrown. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Mike purposely attempted to cause bodily injury to Steven. |
Report the incident as an Assault* with
Steven as victim. |
Steven’s statement and gesture alarmed or harmed Mike. |
Also report the incident as Harassment, Intimidation, Bullying,
or Threat (see HIBT*, below),
with Mike as the offender and Steven as the victim. |
Steven’s comments about Mike’s religion and Mike’s reaction to
them indicate that the incident was motivated by bias. |
Check Yes in the Bias field of the
incident header when entering the information on the EVVRS. |
EVVRS Scenarios:
Violence—Set 2 Does it
constitute HIBT*? Subcategory: Harassment, Bullying, Intimidation,
or Threat* (HIBT*) Any gesture, written, verbal, or
physical act, or electronic or wireless communication that: • a reasonable person should know, under the circumstances, will have the
effect of alarming (i.e., fear created by imminent danger) or harming (e.g.,
physically, emotionally) a student or staff member, or of damaging their
property OR • has the effect
of insulting or demeaning any student or group of students in such a way to
cause a substantial disruption in, or to
substantially interfere with, the orderly operation of the school |
Scenario 1: “The School Bus” While on the school bus, several students
repeatedly called James “homo” and “gay” and directed other comments to him
in regard to sexual orientation. Today, when James was getting on the bus,
the same students shoved him up the steps. While riding to school, the
students openly passed around a derogatory note about him. When James got to
school he told his 8th-grade homeroom teacher about the incident, adding that
he was very upset, was tired of the abuse, and did not want to come to school
anymore because of it. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
The students’ actions (verbal and
written communications, shoving) caused James to feel insulted and demeaned
and caused a substantial disruption on the bus. James was alarmed and harmed
emotionally by their behavior. |
Report the incident as HIBT*. |
The students’ behavior was motivated by bias
toward what they perceived as James’s sexual orientation. |
Check Yes in the Bias field of the
incident header when entering the information on the EVVRS. |
Scenario 2: “Math Class” Shannon and Tracey were arguing during 6th-grade
math class. When the teacher intervened, |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Tracey indicated that she was not upset by |
Do not report the incident because Tracey was neither alarmed
nor harmed by |
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
The student told the teacher that she was so upset by a
student’s racial slurs (bias) that she wanted to
transfer into another class. |
Report the incident as HIBT* and check Yes in the Bias field of the incident header
when entering the information. |
One student called another student “stupid.” After class, the
teacher saw that the student who was called the name was upset. Upon being
questioned, the student revealed that the same student regularly taunted her.
|
Because one student’s pattern of
behavior caused another student to be emotionally harmed, report the incident
as HIBT*. In this case, check No in the Bias field of
the incident header when entering the information in the EVVRS. |
EVVRS Scenarios:
Violence—Set 3 Is it Criminal
Threat* or HIBT*? Subcategory: Criminal Threat* Expressing – either physically or verbally – the intent to
commit one of the following violent criminal offenses: homicide, aggravated
assault (see below), sexual assault, kidnapping, or arson. The threat must be
made for the purpose of placing another in imminent fear of one of these
violent acts, under circumstances that would reasonably cause the victim(s)
to believe the immediacy of the threat and the likelihood that
it will be carried out. Aggravated
Assault* A
person attempts to cause serious bodily injury to another, or causes
such injury purposely or knowingly, or under circumstances manifesting
indifference to the value of human life, recklessly causes such injury (e.g.,
injury which creates a substantial risk of death, or which causes permanent
disfigurement, or protracted loss or impairment of the function of any bodily
member or organ). This
category should be assigned only when the attack is very serious. Homicide
must be reported in the Assault*
category with Serious Bodily Injury
indicated. |
Scenario 1: “The Knife” Yolanda and Nicole have had many verbal arguments
throughout the school year. On two of these occasions, Yolanda shoved Nicole,
then followed her to class at an uncomfortably close distance. Today, Yolanda
verbally threatened to go home after school and get a knife to cut Nicole.
Nicole reported this threat to the principal. Upon being questioned, Nicole
told the principal she was afraid because Yolanda’s aggressive behavior was
becoming more frequent and extreme and she believed Yolanda would carry out
the threat if she had the opportunity. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Nicole believes that Yolanda is likely
to do what she threatened; Nicole is in imminent fear of this happening. |
Report the incident as Criminal Threat* because Yolanda threatened to commit Aggravated
Assault* by cutting Nicole. |
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
The student was not concerned about the threat of Assault* made against her. However, the principal was afraid
that the student that made the threat would carry it out as soon as she had
the chance. |
Report this incident as a Criminal
Threat* because the principal believed in the
immediacy and likelihood of threat of Assault*
resulting in serious bodily injury. |
In the middle of an argument, one student said to another
student, “One of these days I am going to cut you.” |
Do not report this as a Criminal
Threat* because the student’s comment does not meet
the immediacy and likelihood criteria. If the student was alarmed by the
comment, report it as HIBT*. |
Scenario 2: “The Threat” While in the science hallway, Rachel shoved
Angelina and said, “I am going to beat you up after school!” Rachel shook her
fist at Angelina as she walked away. Angelina reported to the school
counselor that the shove did not hurt her but that she was not going to take
the bus home because she was afraid to leave school. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Angelina felt threatened and was
frightened that Rachel would carry out her threat. |
Do not report the incident as Criminal
Threat*. Report this incident as HIBT* because Rachel threatened to commit an assault against Angelina. |
Shoving that does not result in bodily
injury is not reportable under the EVVRS incident definitions. |
|
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
The student victim told the counselor that she was not afraid
and was going to take the bus home anyway. |
Because the victim was not alarmed or harmed, do not report the
incident. |
As a result of the shove, the student who was pushed fell and
hit her arm on the sharp corner of a case on the wall; she needed stitches to
close the wound. |
Report the incident as Assault* because the
offender acted recklessly, which resulted in an injury. Enter information
about both offender and victim on the EVVRS. |
EVVRS Scenarios:
Violence—Set 4 When is it a Sex
Offense*? Subcategory: Sex Offense* Subjecting another to sexual contact or exposure. For the incident to be
considered a sex offense, at least one of the following criteria must
apply to the offender. The offender must: • intentionally touch, either directly or
through clothing, the victim’s intimate parts, for the purpose of degrading
or humiliating the victim • sexually arouse or sexually gratify
himself or herself in view of the victim whom the offender knows to be
present • force or coerce the victim to participate
in any contact or exposure • commit any act of sexual assault defined
under N.J.S.A. 2C:14-2, which includes provisions related to the age of the
victim and the offender Incidents of sexual assault must be
reported in this category. However, incidents of sexual harassment are reported under Harassment, Intimidation, Bullying, Threat
(HIBT*). How
does the EVVRS define “intimate body parts?” Intimate body parts are defined by statute (N.J.S.A. 2C:14-1e)
to include “sexual organs, genital area, anal area, inner thigh, groin,
buttock or breast of a person.” |
Scenario 1: “Innocent Touch or Sex Offense*?” Billy approached Anne from behind and touched
her buttocks with his hand. Anne was upset and reported the incident to the
assistant principal. She told him she was angry and embarrassed. The
principal spoke to Billy, who admitted touching Anne but said that he did not
mean anything by it. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Billy did not intentionally touch Anne’s buttocks (intimate body
part) with the purpose of degrading or humiliating her. However, Anne felt
degraded and humiliated. |
Report the incident as a Sex Offense*.
Intention – as expressed by the offender – is superseded by the reaction
and/or interpretation of the victim. |
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
The victim reported the incident but said she did not feel
degraded or humiliated. |
Do not report the incident as a Sex Offense*.
|
EVVRS Scenarios:
Vandalism/Violence—Set 1 Is it Theft,
Robbery*, or Extortion*? Subcategory: Theft – The taking of the school district’s or
a person’s belongings or property without consent. Subcategory: Robbery* – Obtaining money or any material thing (regardless of value) from
another by means of violence or the threat of immediate violence. Subcategory:
Extortion* – Obtaining
money or any material thing (regardless of value) from another by means of a
stated or implied threat of future violence. |
Scenario 1: “The Ring” Lucy left her birthstone ring on the ledge in
the girls’ locker room while she went to the restroom. When she returned, the
ring was gone.2 |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Lucy’s ring was taken without her consent. |
Report the incident as Theft, with “offender unknown.” |
2 In cases such as this one, it is
sometimes helpful to wait to see if the ring turns up or if the offender
becomes known. |
Scenario 2: “The Money” Craig approached Nikki as she left the restroom
and said, “Give me some money now!” When Nikki hesitated, Craig repeated his
demand, adding “or you won’t know what hit you.” Nikki gave him some money
and ran down the hall to the office, where she explained to the principal
that she gave Craig the money out of fear of being hurt. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Craig threatened to immediately assault Nikki, which frightened
her into giving him the money. |
Report the incident as Robbery*. The
EVVRS definition of Robbery incorporates the concept of threat, so do not
report the incident as HIBT*. |
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
One student punched another student while stealing money from
him. |
Report the incident as |
Scenario 3: “Lunch Line” While in the lunch line, Anthony told Terrell,
“You better have my $20 tomorrow if you know what is good for you. Remember
what happened last time.” Terrell did remember last time: Anthony had
followed him home from school, knocked him down, and kicked him. The next
morning, Terrell gave Anthony the money, then reported the incident to his
teacher. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Terrell gave Anthony the money because Anthony threatened
Terrell with future violence. |
Report the incident as Extortion*. The
EVVRS definition of Extortion* incorporates the
concept of “threat,” so do not report the incident as HIBT*. |
EVVRS Scenarios:
Weapons—Set 1 What is an
“Other Weapon*” Offense? Subcategory: Possession of Other Weapon Having on one’s person or in one’s locker or vehicle any weapon
other than a firearm. Components that can be readily assembled into a weapon are reported
in this category. How does the EVVRS define “Other Weapon?” The Other Weapon category includes any instrument readily capable of lethal use or of inflicting bodily injury. The category includes, but is not limited to: knives; clubs or other bludgeons; chains; sling shots; leather bands studded with metal filings; razor blades; stun guns; and any device that projects, releases, or emits tear gas or any other substance (e.g., pepper spray) intended to produce temporary discomfort or permanent injury through being vaporized or otherwise dispensed in the air. |
Scenario 1: “The Box Cutter” Jason, a high school student, was found to have
a box cutter in his pocket. He claimed he needed the box cutter for his job
at a local grocery store – a claim that was confirmed upon investigation.
Jason has no history of violent behavior, and there is no indication that he
will be violent in the future. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Jason did not possess the box cutter for a legitimate
school-approved purpose (e.g., a compass for geometry class). |
Report the incident as Possession, under Weapons. |
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
The student voluntarily – that is,
without suspicion, prompting, or questioning from school staff – informed a staff
member that he had inadvertently brought the box cutter with him to school
and turned the weapon over to the staff member. |
Do not report this incident on the EVVRS. |
Scenario 2: “The Pocket Knife” Maribella, a 7th-grade girl, was found with a
pocket knife in her jacket. She explained that she needed it for protection
against another girl who had threatened her. |
|
Analysis of This Scenario |
|
Considerations |
Reporting
Decisions |
Maribella possessed an object that is readily capable of lethal
use or of inflicting serious bodily injury. Maribella’s statement that she
needed the knife for protection indicates that she is developmentally mature
enough to know that a pocket knife can cause a serious injury. |
Report the incident as Possession, under Weapons. A pocket knife is “readily capable of lethal
use or inflicting serious bodily injury.” |
How the Situation May
Differ |
|
Considerations |
Reporting
Decisions |
A 1st-grade student brought his
father’s fishing knife to school to show his friends. When the teacher discovered
the knife and asked the student about it, he explained that he had gone
fishing over the weekend and wanted to show his friends the “cool” knife he
used. He gave the teacher the knife and told her he did not know it was
considered a weapon. |
Do not report this incident on the EVVRS. The student did not
consider the knife a “weapon.” |
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faqs\active, draft faqs\active\evvrsfaqs09 ver 4.1, 10.26.09.doc