UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW

 

1st Reading

2/9/10

New

X

2nd Reading

2/9/10

Revised

 

Effective Date

2/9/10

Substitute

 

 

 

007.0230 BULLYING AND HAZING

 

NEW POLICY

 

1.0  BULLYING means intentionally or knowingly committing an act that:

1.1.1        endangers the physical health or safety of a school employee or student;

1.1.1.1  involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;

1.1.1.2  involves forced or involuntary consumption of any food, liquor, drug, or other substance;

1.1.1.3  involves forced or coerced actions or activities of a sexual nature or with sexual connotations;

1.1.1.4  involves other physical activity that endangers the physical health and safety of a school employee or student; or

1.1.1.5  involves physically obstructing a school employee's or student's freedom to move; and

1.1.2        is done for the purpose of placing a school employee or student in fear of:

1.1.2.1  physical harm or

1.1.2.2  harm to property of the school employee or student.

1.1.3        The conduct described above constitutes bullying- regardless of whether the person against whom the conduct is committed, directed, consented to, or passively approved of to the conduct without protest.

1.2  Hazing means intentionally or knowingly committing an act that:

1.2.1        endangers the physical health or safety of a school employee or student;

1.2.1.1  involves any brutality of a physical nature such as †††whipping, beating, branding, calisthenics, bruising, †††

electric shocking, placing of a harmful substance on

the body, or exposure to the elements;

1.2.1.2  involves consumption of any food, liquor, drug, or

other substance;

1.2.1.3  involves forced or coerced actions or activities of a sexual nature or with sexual connotations;

1.2.1.4  involves other physical activity that endangers the ††

physical health and safety of a school employee or student; or

1.2.1.5  involves physically obstructing a school employee's or studentís freedom to move; and

1.2.2        is done for the purpose of initiation or admission into, affiliation with, holding office in, or as a condition for membership or acceptance - or continued membership or acceptance - in any school or school sponsored team, organization, program, or event; or

1.2.3        if the person committing the act against a school employee or student knew that the school employee or student is a member of, or candidate for membership with a school, or school sponsored team, organization, program, or event to which the person committing the act is a member or participant.

1.2.4        The conduct described above constitutes hazing - regardless of whether the person against whom the conduct is committed authorized, consented to the conduct.

1.3  Cyberbullying means the use of email, instant messaging, chat rooms, ††

cell phones, or other forms of information technology to deliberately harass, threaten, or intimidate someone for the purpose of placing a school employee or student in fear of:

1.3.1        physical harm or

1.3.2        harm to property of the school employee or student.

1.4  Retaliate means an act or communication intended:

1.4.1        as retribution against a person for reporting bullying or hazing; or

1.4.2        to improperly influence the investigation of, or the response to, a report of bullying or hazing.

1.5     School means any public elementary, secondary or charter ††school.

1.6  School board means:

1.6.1        a local school board; or

1.6.2        a local charter board.

1.7  School employee means:

1.7.1        school educator or counselor;

1.7.2        school staff;

1.7.3        school administrators; and

1.7.4        all others employed or authorized as volunteers - directly or indirectly - by the school, school board, or school district.

2.0  PURPOSE: The purpose of this policy is to deter all types of bullying and†††††††

hazing by and against students and employees of the Uintah School district.

This will be accomplished through awareness efforts, training,

identification, and disciplinary action both students and employees against those †††

who violate this Policy. A secondary purpose is to provide clear standards and a

safe and accessible reporting process for victims of bullying and hazing.

3.0  PUBLICATION: A copy of this policy shall be included in student conduct †††

handbooks, employee handbooks, and be made available on the Uintah School District website.

4.0  PROHIBITIONS

4.1  No school employee or student may engage in bullying or cyberbullying any††††††

4.1.1        school employee or student;

4.1.2        on school property;

4.1.3        at a school related or sponsored event

4.1.4        on a school bus

4.1.5        at a school bus stop; or

4.1.6        while the school employee or student is traveling to or from a location or event.

4.2  No school employee or student may engage in hazing a school employee

or student at any time or in any location.

4.3  No school employee or student may engage in retaliation against:

4.3.1        a school employee,

4.3.2        a student, or

4.3.3        an investigator for, or witness of an alleged incident of bullying,

cyberbullying, hazing, or retaliation.

4.4  No school employee or student may make a false allegation of bullying, cyberbullying, hazing, or retaliation against a school employee or student.

5.0  ACTIONS REQUIRED OF EACH SCHOOL

5.1  Each school shall establish and publish in a handbook or other readily

available format:

5.1.1        procedures allowing for anonymous reporting of bullying, hazing, or retaliation;

5.1.2        names and positions of persons responsible for taking, investigating, and responding to reports of bullying, hazing, or retaliation. At least two school employees in appropriate positions of authority shall be identified to receive reports.

5.2  In addition to the published procedures and notification above, each school shall establish procedures and plans for:

5.2.1        involving parents or guardians of a perpetrator or victim of

bullying, hazing, or retaliation in the process of responding to, and resolving, conduct prohibited in this Policy;

5.2.2        referring a victim of bullying or hazing to counseling following parental notice and consent;

5.2.3        to the extent permitted by federal and state law, including the federal Family Educational Privacy Right Act of 1974, as amended, informing the parents or guardians of a student who is a victim of bullying or hazing of the actions taken against the perpetrators of the bullying or hazing;

5.2.4        publicizing this policy, preferably including electronic publication and availability, to school employees, to students, and to parents/guardians of students; and

5.2.5        training school employees and students to recognize and prevent bullying, hazing, or retaliation.

6.0  ACTIONS REQUIRED IF PROHIBITED ACTS ARE REPORTED

6.1  Each reported complaint shall include: (1) name of complaining party;††††††

name of offender (if known); (3) date and location of incident(s); (4)

statement describing the incident(s) including names of witnesses (if ††

known).

6.2  Each reported violation of the prohibitions noted previously shall be

promptly investigated by a school administrator or an individual

designated by a school administrator. Formal disciplinary action is

prohibited based solely on an anonymous report(s) of bullying, hazing, or

retaliation.

6.3  Verified violations of the prohibitions noted previously shall result in

consequences or penalties. Consequences or penalties may include but are

not limited to:

6.3.1        student suspension or removal from a school-sponsored team or activity - including school sponsored transportation;

6.3.2        student suspension or expulsion from school or lesser disciplinary action;

6.3.3        employee suspension or termination for cause or lesser disciplinary action;

6.3.4        employee reassignment; or

6.3.5        other action against student or employee as appropriate.

6.4  Actions must also include, as appropriate:

6.4.1        procedures for protecting the victim and other involved individuals from being subjected to:

6.4.1.1  further bullying or hazing, and

6.4.1.2  retaliation for reporting the bullying or hazing.

6.4.2        prompt reporting to law enforcement of all acts of bullying, hazing,

or retaliation that constitute suspected criminal activity.

6.4.3        prompt reporting to the Office for Civil Rights (OCR) of all acts of bullying, hazing, retaliation that may be violations of studentsí or employee(s)í civil rights.

6.4.4        procedures for a fair and timely opportunity for the accused to explain the accusations and defend his/her actions prior to student or employee discipline.

6.4.5        procedures for providing due process rights under Section 53A-8-102 (licensed staff), local employee discipline policies or Section 53A-11-903 and local policies (students) prior to long term (more than 10 days) student discipline or employee discipline.

7.0  TRAINING

7.1  The training of school employees shall include training regarding bullying, hazing, and retaliation.

7.2  To the extent possible, programs or initiatives designed to provide training

and education regarding the prevention of bullying, hazing, and retaliation††

should be implemented.

7.3  In addition to training for all students and school employees, students, employees, and volunteer coaches involved in any extra-curricular activity

shall:

7.3.1.1  be provided bullying and hazing prevention training prior to participation;

7.3.1.2  repeat bullying and hazing prevention training at least every three years;

7.3.1.3  be informed, annually, of the prohibited activities list provided previously in this Policy and the potential consequences for violation of this Policy.

8.0  ADDITIONAL NOTES

8.1  53A-11a-301 requires that this policy be developed with input from (1) students, (2) parents, (3) teachers, (4) school administrators, (5) school staff, or (6) law enforcement agencies.

8.2  All information received in a complaint and names of complainants shall be ††††††††

treated with the utmost confidence to the extent possible. Administrators ††shall notify complainant before revealing his/her name.