Utah Code 53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy
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(1) An LEA governing board shall adopt a bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy.
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
- 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(2) The LEA governing board shall:(2)(a) develop the policy with input from:(2)(a)(i) students;(2)(a)(ii) parents;(2)(a)(iii) teachers;(2)(a)(iv) school administrators;(2)(a)(v) school staff; or(2)(a)(vi) local law enforcement agencies; and(2)(b) provide protection to a student, regardless of the student’s legal status.(3) The LEA governing board shall include the following components in the policy:(3)(a) definitions of bullying, cyber-bullying, hazing, abusive conduct, and retaliation that are consistent with this part;(3)(b) language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;(3)(c) language prohibiting retaliation as described in Section53G-9-603 ;(3)(d) language prohibiting making a false report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation;(3)(e) language outlining appropriate punishments for a student who shares a recording of an act of bullying, cyber-bullying, hazing, abusive conduct, and retaliation in order to impact or encourage future incidents;(3)(f) as required in Section53G-9-604 , a process for parental notification of:(3)(f)(i) a student’s threat of suicide;(3)(f)(ii) an incident involving the parent’s student; and(3)(f)(iii) implementation of the school’s action plan to address the incident;(3)(g) a grievance process for a school employee who has experienced abusive conduct;(3)(h) a requirement that the school or LEA create and implement an action plan for each incident in accordance with Section53G-9-605.5 ;(3)(i) a communication process requiring the school or LEA regularly updates each parent of a student involved in an incident regarding implementation of an action plan, including:(3)(i)(i) the outcome of the school’s or LEA’s investigation;(3)(i)(ii) a discussion of safety considerations for the student who is the subject of the incident; and(3)(i)(iii) an explanation of the school’s or LEA’s process for addressing the incident; and(3)(j) a requirement for a signed statement annually, indicating that the individual signing the statement has received the LEA governing board’s policy, from each:(3)(j)(i) school employee;(3)(j)(ii) student who is at least eight years old; and(3)(j)(iii) parent of a student enrolled in the LEA.(4) An LEA shall, in relation to the policy described in this section:(4)(a) include a copy in student conduct handbooks;(4)(b) include a copy in employee handbooks; and(4)(c) provide a copy 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.