FGAD – Student Rights and Responsibilities: Bullying, Cyberbullying, Hazing, and Abusive Conduct
Student Rights and Responsibilities
Bullying, Cyber-bullying, Hazing, and Abusive Conduct
Definitions—
1. “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.
2. Bullying: In general, bullying is aggressive behavior that is intended to cause
distress and harm, exists in a relationship where there is an imbalance of
power and strength, and is repeated over time. Bullying includes relational
aggression or indirect, covert, or social aggression, including rumor
spreading, intimidation, enlisting a friend to assault a child, and social
isolation. As specifically defined by this policy, “Bullying” means intentionally
committing a written, physical, or verbal act against a school employee or
student that a reasonable person under the circumstances should know or
reasonably foresee will have one of the following effects:
a. causing physical or emotional harm to the school employee or student;
b. causing damage to the school employee 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.
The foregoing conduct constitutes bullying regardless of whether the
person against whom the conduct is committed directed, consented to,
or acquiesced in the conduct.
3. “Communication” means the conveyance of a message, whether verbal,
written, or electronic.
4. “Cyber-bullying” means:
a. 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.
b. In addition, any communication of this form that is generated off-campus
but causes or threatens to cause a material and substantial disruption at
school or interference with the rights of students to be secure may also be
considered cyber-bullying.
5. “Hazing” means a student intentionally, knowingly, or recklessly committing an
act or causing another individual to commit an act toward a school employee
or student that:
a. meets one of the following:
i. endangers the mental or physical health or safety of a school
employee or student; or
ii. 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;
iii. 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
iv. 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 either
b. 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
c. 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.
The conduct described in above constitutes hazing, regardless of
whether the school employee or student against whom the conduct is
committed directed, consented to, or acquiesced in, the conduct.
Utah Admin. Rules R277-613-2 (July 9, 2018)
Utah Code § 76-5-107.5 (2011)
Utah Code § 53G-9-601(1) to (5) (2019)
“Retaliate” means an act or communication intended:
1. as retribution against a person for reporting bullying, cyberbullying, abusive
conduct, or hazing; or
2. to improperly influence the investigation of, or the response to, a report of
bullying, cyberbullying, abusive conduct, or hazing.
Utah Code § 53G-9-601(8) (2019)
“School employee” means:
1. school administrators, teachers, and staff members, as well as others
employed or authorized as volunteers, directly or indirectly, by the school,
school board, or school district and who works on a school campus.
Utah Code § 53G-9-601(10) (2019)
Bullying and Abusive Conduct Prohibited—
No student may engage in bullying of a student or school employee on school
property, at a school related or sponsored event, on a school bus, at a school bus
stop, or while the student is traveling to or from a school location or school related or
sponsored event. No student may engage in abusive conduct.
Students who engage in bullying or abusive conduct are in violation of this
policy and verified violations shall result in disciplinary action up to and including
expulsion, consistent with the District’s Safe Schools policy (FHA).
Anonymous reports of bullying or abusive conduct alone cannot constitute the
basis for formal disciplinary action.
The school or District may also report students who engage in bullying or
abusive conduct to law enforcement if that is permitted by Utah Code § 53G-8-211.
Utah Code § 53G-9-605 (2019)
Utah Admin. Rules R277-613-4(1)(a) (July 9, 2018)
Utah Admin. Rules R277-613-7 (July 9, 2018)
Hazing and Cyber-bullying Prohibited—
No student may engage in hazing or cyber-bullying of a student or employee
at any time or at any location.
Students who engage in hazing or cyber-bullying are in violation of this policy
and verified violations shall result in disciplinary action up to and including expulsion,
as well as suspension or removal from a school-sponsored team or activity, including
school sponsored transportation, consistent with the District’s Safe Schools policy
(FHA).
The school may also determine to break up or dissolve a team, organization,
or other school-sponsored group for hazing violations by its members.
Anonymous reports of hazing or cyber-bullying alone cannot constitute the
basis for formal disciplinary action.
The school or District may also report students who engage in hazing or
cyberbullying to law enforcement if that is permitted by Utah Code § 53G-8-211.
Utah Code § 53G-9-605 (2019)
Utah Admin. Rules R277-613-4(1)(a) (July 9, 2018)
Retaliation Prohibited—
No school employee may engage in retaliation against a school employee, a
student, or an investigator for, or witness of, an alleged incident of bullying,
cyber-bullying, hazing, or retaliation against a school employee or student, or an
alleged incident of abusive conduct.
Students who engage in such retaliation are in violation of this policy and are
subject to disciplinary action up to and including expulsion, consistent with the
District’s Safe Schools policy (FHA). Anonymous reports of bullying, abusive
conduct, cyber-bullying, or retaliation alone cannot constitute the basis for formal
disciplinary action.
Anonymous reports of retaliation alone cannot constitute the basis for formal
disciplinary action.
The school shall inform students who have reported being subject to bullying,
cyber-bullying, or hazing and these students’ parents that retaliation is prohibited
and shall encourage the students and parents to be aware of and to report any
subsequent problems or new incidents.
Utah Code § 53G-9-605 (2019)
Utah Admin. Rules R277-613-4(1)(a), (4) (July 9, 2018)
Making a False Report Prohibited—
No student may make a false allegation of bullying, abusive conduct,
cyber-bullying, hazing, or retaliation against a school employee or student.
Students who engage in making such false allegations are in violation of this
policy and are subject to disciplinary action up to and including expulsion, consistent
with the District’s Safe Schools policy (FHA).
Utah Code § 53G-9-605(3)(d) (2019)
Utah Admin. Rules R277-613-4(1)(a) (July 9, 2018)
Action Plan—
Upon receipt of a reported incident of bullying, cyber-bullying, hazing, abusive
conduct, or retaliation, the school principal or designee shall promptly review and
investigate the allegations. At a minimum, this investigation shall include interviewing
the alleged targeted individual and the individually alleged to have engaged in
prohibited conduct. The principal or designee may also interview other individuals
who may provide additional information, including the parents of the alleged target
and alleged perpetrator, any witnesses to the conduct, and school staff. The
principal or designee may also review physical evidence, including but not limited to
video or audio recordings, notes, email, text messages, social media, and graffiti.
The principal or designee shall inform any person being interviewed that the
principal or designee is required to keep the details of the interview confidential to
the extent allowed by law and that further reports of bullying will become part of the
investigation.
Utah Admin. Rules R277-613-5(2), (3), (4) (July 9, 2018)
When it is determined that a student has been bullied, cyber-bullied, or
hazed, this plan of action should include consideration of what support, counseling,
or other assistance the student may need to prevent such mistreatment from
adversely affecting the student’s ability to learn and function in the school setting.
Utah Code § 53G-9-605(3)(g) (2019)
The plan of action may include supporting involved students through
trauma-informed care practices, if appropriate, as defined in Utah Admin. Rules
R277-613-2(13).
Utah Admin. Rules R277-613-5(6) (July 9, 2018)
The plan of action may also include positive restorative justice practice action,
if permitted. Restorative justice practice is a discipline practice that brings together
© 2019 ~ All Rights Reserved
Utah School Boards Association Policy Services Page 5 of 11
Created: 18 March 2008
Modified: 20 March 2019 FGAD
students, school personnel, school families, and community members to resolve
conflicts, address disruptive behaviors, promote positive relationships, and promote
healing. An alleged targeted student is not required to participate in a restorative
justice practice with an alleged perpetrator. If the principal or designee desires to
have an alleged targeted student participate, the principal or designee shall first
inform that student’s parent about the restorative justice practice and obtain the
parent’s consent prior to such participation.
Utah Admin. Rules R277-613-2(10) (July 9, 2018)
Utah Admin. Rules R277-613-5(6) (July 9, 2018)
If any retaliation occurs, the principal or designee shall take strong responsive
action against it, including but not limited to providing assistance to any targeted
individual and his or her parent in reporting subsequent problems and new incidents.
Utah Admin. Rules R277-613-4(4) (July 9, 2018)
Training and Education—
Each school shall establish procedures for training school employees,
coaches, volunteers and students on bullying, cyber-bullying, hazing, or retaliation.
Training to students, staff, and volunteers shall:
1. Include information on various types of aggression and bullying, including:
a. overt aggression that may include physical fighting such as punching,
shoving, kicking, and verbally threatening behavior, such as name calling,
or both physical and verbal aggression or threatening behavior;
b. relational aggression or indirect, covert, or social aggression, including
rumor spreading, intimidation, enlisting a friend to assault a child, and
social isolation;
c. sexual aggression or acts of a sexual nature or with sexual overtones;
d. cyber-bullying, including use of email, web pages, text messaging, instant
messaging, social media, three-way calling or messaging or any other
electronic means for aggression inside or outside of school; and
e. civil rights violations, including bullying, cyber-bullying, hazing, and
retaliation based upon the students’ or employees’ actual or perceived
identities and conformance or failure to conform with stereotypes;
2. Complement required student suicide prevention programs and required
suicide prevention training; and
3. Include information on when issues relating to this policy may lead to student
or employee discipline.
Utah Admin. Rules R277-613-4(5)(b) (July 9, 2018)
This training shall be provided to all new employees, coaches, and volunteers
and shall be provided to all employees, coaches, and volunteers at least once every
three years.
Utah Admin. Rules R277-613-4(6) (July 9, 2018)
In addition to training school employees and educating students mentioned
above, all volunteer coaches, employees, and students involved in any curricular
athletic program or any extra-curricular club or activity shall:
1. Complete bullying, cyber-bullying, harassment and hazing prevention training
prior to participation;
2. Repeat bullying, cyber-bullying, harassment and hazing prevention training at
least every three years;
3. Be informed annually of the prohibited activities list provided previously in this
Policy and the potential consequences for violation of this Policy.
The content of this activity training shall be developed in collaboration with the
Utah High School Activities Association (UHSAA) and the training shall also be
provided in collaboration with UHSAA. The school shall obtain and keep signature
lists of the participants in the activity training.
Utah Admin. Rules R277-613-6 (July 9, 2018)
Teachers should discuss this policy with their students in age-appropriate
ways and should assure them that they need not endure any form of bullying,
harassment, hazing, or cyber-bullying.
Utah Code § 53G-9-605 (2019)
The District may also offer voluntary training to parents and students
regarding abusive conduct.
Utah Code § 53G-9-607(1)(b) (2019)
The principal or designee responsible for reviewing and investigating
allegations of bullying, cyber-bullying, hazing, and retaliation shall receive training on
conducting a review and investigation as provided for in this policy.
Utah Admin. Rules R277-613-5(1)(b) (July 9, 2018)
Assessment—
Subject to the requirements of Utah Code § 53E-9-203 regarding parental
consent for certain types of inquiries of students, each school shall regularly (and at
least once per year) conduct assessment through student input (surveys, reports, or
other methods) of the prevalence of bullying, cyber-bullying, and hazing in the
school, and specifically in locations where students may be unsafe and adult
supervision may be required such as playgrounds, hallways, and lunch areas.
Utah Admin. Rules R277-613-4(3) (July 9, 2018)
Utah Code § 53E-9-203 (2019)
Publication and Acknowledgment—
A copy of this policy shall be included in student conduct handbooks,
employee handbooks, shall be provided to the parent of each student enrolled in the
District, and shall be available on the District website.
Each student 8 years of age and older and a parent of each student enrolled
in the District shall annually provide a signed statement stating that the student and
parent has received a copy of this policy.
Utah Code § 53G-9-605(3)(h), (4) (2019)
Parental Notification of Incidents—
The school shall notify the parent of a student who is involved in an incident
of bullying, hazing, cyber-bullying, abusive conduct, or retaliation (whether as a
target or as a perpetrator).
The school is also required to notify the parent of a student who threatens to
commit suicide. (See Policy FDACE.) In addition, the school shall produce and
maintain a record that verifies that the parent was notified of the threats or incidents
listed above. The record is a private record for purposes of the Government Records
Access and Management Act.
The process for notifying a parent shall consist of:
1. The school principal or designee shall attempt to make personal contact with
a parent when the school has notice of a threat or incident listed above. It is
recommended that the parent be informed of the threat or incident with two
school people present. If personal contact is not possible, the parent may be
contacted by phone. A second school person should witness the phone call.
2. Contact with the parent must be documented in a “Verification of Parent
Contact Regarding Threat or Incident.”
(A copy of the “Verification of Parent Contact Regarding Threat or Incident” is
attached below.) Subject to laws regarding confidentiality of student educational
records, at the request of a parent, a school may provide information and make
recommendations related to an incident or threat.
Utah Code § 53G-9-604 (2019)
Utah Admin. Rules R277-613-4(2) (July 9, 2018)
The record of parental notification shall be maintained in accordance with
Policy FE, Policy FEA, Title 53E, Chapter 9, Part 3, Student Data Protection, Title
53E, Chapter 9, Part 2, Student Privacy, and the Federal Family Educational Rights
and Privacy Act (“FERPA”). A copy of the record of parental notification shall upon
request be provided to the student to whom the record relates. After the student has
graduated, the District shall expunge the record of parental notification upon request
of the student.
Utah Code § 53G-9-604(2)(b) (2019)
Report to State Superintendent—
Each year, on or before June 30, the District shall submit a report to the State
Superintendent which includes (1) a copy of the District’s bullying policy; (2)
confirmation of compliance with the requirement to obtain a signed acknowledgment
of the policy from students, parents, and employees; (3) verification of required
training regarding bullying, cyber-bullying, hazing, and retaliation; (4) the number of
incidents of bullying, cyber-bullying, hazing, and retaliation; and (5) the number of
those incidents that either included a student who is part of a federally protected
class or was bullied, cyber-bullied, hazed, or retaliated against because of the
student’s disability, race, national origin, religion, sex, gender identity, or sexual
orientation.
Utah Admin. Rules R277-613-5(8) (July 9, 2018)
VERIFICATION OF PARENT OR GUARDIAN CONTACT REGARDING THREAT
OR INCIDENT
I, [Name] , principal or principal’s designee, contacted
[Name of parent or guardian] on [Date] and notified him or her that
[Name of student] has made suicidal threats or was involved in an
incident of bullying, hazing, cyber-bullying, abusive conduct, or retaliation. Contact
was made:
[ __ ] in person
[ __ ] by telephone (number used: ____________________)
[ __ ] by email (email address used: ____________________)
[ __ ] by other method (specify): ______________________
Notice was given of:
[ __ ] suicide threat
[ __ ] bullying incident
[ __ ] cyber-bullying incident
[ __ ] abusive conduct incident
[ __ ] hazing incident
[ __ ] retaliation incident
[Name of school staff member]_______ , witnessed the contact.
______________________________________ __________________ _______________
Principal or Principal’s Designee Title Date
___________________________________ ___________________ ________________
School Staff Member Title Date