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