53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy.
(1)
On or before September 1, 2018, an LEA governing board shall update the LEA governing board’s bullying, cyber-bullying, hazing, and retaliation policy to include abusive conduct.
Terms Used In Utah Code 53G-9-605
Abusive conduct: means verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress. See Utah Code 53G-9-601
Bullying: means a school employee or student intentionally committing a written, verbal, or physical act against a school employee or student that a reasonable person under the circumstances should know or reasonably foresee will have the effect of:
(a)
causing physical or emotional harm to the school employee or student;
(b)
causing damage to the school employee's or student's property;
(c)
placing the school employee or student in reasonable fear of:
(i)
harm to the school employee's or student's physical or emotional well-being; or
(ii)
damage to the school employee's or student's property;
(d)
creating a hostile, threatening, humiliating, or abusive educational environment due to:
(i)
the pervasiveness, persistence, or severity of the actions; or
(ii)
a power differential between the bully and the target; or
(e)
substantially interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits. See Utah Code 53G-9-601
Cyber-bullying: means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication. See Utah Code 53G-9-601
Hazing: means a school employee or student intentionally, knowingly, or recklessly committing an act or causing another individual to commit an act toward a school employee or student that:
(i)
(A)
endangers the mental or physical health or safety of a school employee or student;
(B)
involves any brutality of a physical nature, including whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
(C)
involves consumption of any food, alcoholic product, drug, or other substance or other physical activity that endangers the mental or physical health and safety of a school employee or student; or
(D)
involves any activity that would subject a school employee or student to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
(ii)
(A)
is committed for the purpose of initiation into, admission into, affiliation with, holding office in, or as a condition for membership in a school or school sponsored team, organization, program, club, or event; or
(B)
is directed toward a school employee or student whom the individual who commits the act knows, at the time the act is committed, is a member of, or candidate for membership in, a school or school sponsored team, organization, program, club, or event in which the individual who commits the act also participates. See Utah Code 53G-9-601
LEA governing board: means a local school board or charter school governing board. See Utah Code 53G-9-601
provide protection to a student, regardless of the student’s legal status.
(3)
A policy shall include the following components:
(a)
definitions of bullying, cyber-bullying, hazing, and abusive conduct that are consistent with this part;
(b)
language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;
(c)
language prohibiting retaliation against an individual who reports conduct that is prohibited under this part;
(d)
language prohibiting making a false report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation;
(e)
as required in Section 53G-9-604, parental notification of:
(i)
a student’s threat to commit suicide; and
(ii)
an incident of bullying, cyber-bullying, hazing, abusive conduct, or retaliation, involving the parent’s student;
(f)
a grievance process for a school employee who has experienced abusive conduct;
(g)
an action plan to address a reported incident of bullying, cyber-bullying, hazing, or retaliation; and
(h)
a requirement for a signed statement annually, indicating that the individual signing the statement has received the LEA governing board’s policy, from each:
(i)
school employee;
(ii)
student who is at least eight years old; and
(iii)
parent of a student enrolled in the charter school or school district.
(4)
A copy of a policy shall be:
(a)
included in student conduct handbooks;
(b)
included in employee handbooks; and
(c)
provided to a parent of a student enrolled in the charter school or school district.
(5)
A policy may not permit formal disciplinary action that is based solely on an anonymous report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation.
(6)
Nothing in this part is intended to infringe upon the right of a school employee, parent, or student to exercise the right of free speech.
