(1) An LEA shall designate at least one individual at the LEA level who:

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Terms Used In Utah Code 53G-9-607

  • 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
  • Action plan: means a process to address an incident as described in Section 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:
         (3)(a) causing physical or emotional harm to the school employee or student;
         (3)(b) causing damage to the school employee's or student's property;
         (3)(c) placing the school employee or student in reasonable fear of:
              (3)(c)(i) harm to the school employee's or student's physical or emotional well-being; or
              (3)(c)(ii) damage to the school employee's or student's property;
         (3)(d) creating a hostile, threatening, humiliating, or abusive educational environment due to:
              (3)(d)(i) the pervasiveness, persistence, or severity of the actions; or
              (3)(d)(ii) a power differential between the bully and the target; or
         (3)(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
  • Communication: means the conveyance of a message, whether verbal, written, or electronic. 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:
              (6)(a)(i)
                   (6)(a)(i)(A) endangers the mental or physical health or safety of a school employee or student;
                   (6)(a)(i)(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;
                   (6)(a)(i)(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
                   (6)(a)(i)(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
              (6)(a)(ii)
                   (6)(a)(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
                   (6)(a)(ii)(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
  • Incident: means an incident of bullying, cyber-bullying, hazing, or retaliation that is prohibited under this part. 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
  • Policy: means an LEA governing board policy described in Section 53G-9-605. See Utah Code 53G-9-601
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • School: means a public elementary or secondary school, including a charter school. See Utah Code 53G-9-601
  • School employee: means an individual working in the individual's official capacity as:
         (13)(a) a school teacher;
         (13)(b) a school staff member;
         (13)(c) a school administrator; or
         (13)(d) an individual:
              (13)(d)(i) who is employed, directly or indirectly, by a school, an LEA governing board, or a school district; and
              (13)(d)(ii) who works on a school campus. See Utah Code 53G-9-601
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) provides training to an individual described in Subsection (2);
     (1)(b) oversees the implementation of an action plan;
     (1)(c) for each incident, monitors implementation of the LEA’s policy regarding a communication process with a parent described in Section 53G-9-605;
     (1)(d) acts as the LEA liaison to the state board regarding bullying, cyber-bullying, hazing, abusive conduct, and retaliation; and
     (1)(e) assists a school with case-specific needs when the school is addressing an incident.
(2)

     (2)(a) An LEA governing board shall include in the training of a school employee training regarding:

          (2)(a)(i) bullying, cyber-bullying, hazing, abusive conduct, and retaliation; and
          (2)(a)(ii) applicable civil rights laws.
     (2)(b) An LEA governing board shall ensure the training described in Subsection (2)(a) meets the standards described in Subsection (5).
     (2)(c) An LEA governing board may offer voluntary training to parents and students regarding bullying, cyber-bullying, hazing, abusive conduct, or retaliation.
(3) To the extent that state or federal funding is available for this purpose, LEA governing boards are encouraged to implement programs or initiatives, in addition to the training described in Subsection (2), to provide for training and education regarding, and the prevention of, bullying, cyber-bullying, hazing, abusive conduct, and retaliation.
(4) The programs or initiatives described in Subsection (3) may involve:

     (4)(a) the establishment of a bullying task force; or
     (4)(b) the involvement of school employees, students, or law enforcement.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that establish standards for high quality training related to :

     (5)(a) bullying, cyber-bullying, hazing, abusive conduct, and retaliation; and
     (5)(b) applicable civil rights laws.