Bullying, Cyber-bullying, Hazing, and Abusive Conduct
New Policy: 5-22-05
Revised: 10-14-09, 9-11-13, 10-14-15, 02-07-17, 09/11/19, 6/14/23, 10/9/24
Philosophy—
The Board of Education is committed to provide all students and District employees with a safe and secure learning and working environment. Bullying, cyber bullying, hazing, harassment, and retaliation for reporting such incidences reduces a student’s ability to achieve academically and reduces an employee’s ability to perform job responsibilities. In addition, these offenses can directly affect a student’s or an employee’s health and well being, and may contribute to excessive absences, physical illness, mental and emotional anguish, and long-term social and psychological consequences. This policy prohibits bullying, cyberbullying and harassment regardless of the motivation for such misconduct, including bullying, cyberbullying or harassment of any students. The Board encourages educators, employees, students, and parents to develop procedures to prevent bullying, cyber bullying, harassment, hazing, and retaliation for reporting of these incidences.
Utah Code § 53G-9-601(1) (2024)
Definitions—
- “Abusive conduct” means verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee or student that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress.
- “Action plan” means a process to address an “incident.”
Utah Code § 53G-9-601(2) (2024)
- “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:
- causing physical or emotional harm to the school employee or student;
- causing damage to the school employee or student’s property;
- placing the school employee or student in reasonable fear of:
- harm to the school employee’s or student’s physical or emotional well-being;
- or damage to the school employee’s or student’s
- creating a hostile, threatening, humiliating, or abusive educational environment due to:
- the pervasiveness, persistence, or severity of the actions; or
- a power differential between the bully and the target; or
- substantially interfering with a individual 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.
- “Communication” means the conveyance of a message, whether verbal, written, or
Utah Code § 53G-9-601(4) (2024)
- “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.
- 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-
Utah Code § 53G-9-601(5) (2024)
- “Hazing” means intentionally, knowingly, or recklessly committing an act or causing another individual to commit an act toward a school employee or student that:
- meets one of the following:
- endangers the mental or physical health or safety of a school employee or student; or
- 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;
- 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
- 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
- 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
- is directed toward a school employee or student whom the student 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 student also participates.
- meets one of the following:
The conduct described 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(6) (August 8, 2023) Utah Code § 76-5-107.5 (2022)
Utah Code § 53G-9-601(1) to (5) (2019) (2024)
- “Incident” means one or more infractions committed by an individual or a group acting in concert, at the same time and place, an incident of bullying, cyber-bullying, hazing, or retaliation. Utah Code § 53G-9-601(7) (2024)“Infraction” means an act of prohibited
Utah Admin. Rules R277-613-2(8) (August 8, 2023)
- “Retaliate” means an act or communication intended:
- as retribution against a person for reporting bullying, cyberbullying, abusive conduct, or hazing; or
- to improperly influence the investigation of, or the response to, a report of bullying, cyberbullying, abusive conduct, or hazing.
Utah Code § 53G-9-601(11) (2023)
- “School employee” means:
- 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) (2024)
- 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.
- “Volunteer” means a non-employee with significant, unsupervised access to students in connection with a school assignment.
Utah Admin. Rules R277-613-2 (16) (August 8, 2023)
Bullying and Abusive Conduct Prohibited—
No individual 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 infractions shall result in disciplinary action up to and including expulsion, consistent with the District’s Safe Schools policy.
Anonymous reports of bullying or abusive conduct alone cannot constitute the basis for formal disciplinary action.
The school or District may also report infractions to law enforcement if that is permitted by Utah Code § 53G-8-211.
Utah Code § 53G-9-602(1) (2024)
Utah Code § 53G-9-605(3)(b (2024)
Utah Admin. Rules R277-613-4(1)(a) (August 8, 2023)
Utah Admin. Rules R277-613-7 (August 8, 2023)
Hazing and Cyber-bullying Prohibited—
No individual 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 infractions 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. 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 infractions to law enforcement if that is permitted by Utah Code § 53G-8-211.
Utah Code § 53G-9-602(2) (2024)
Utah Code § 53G-9-605(3)(b) (2024)
Utah Admin. Rules R277-613-4(1)(a) (August 8, 2023)
Retaliation Prohibited—
No individual 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.
Individuals who engage in such retaliation are in violation of this policy and for verified infractions are subject to disciplinary action up to and including expulsion, consistent with the District’s Safe Schools policy.
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-9-603(1) (2024)
Utah Code § 53G-9-605(3)(c) (2024)
Utah Admin. Rules R277-613-4(1)(a), (5) (August 8, 2023)
Making a False Report Prohibited—
No individual may make a false allegation of bullying, abusive conduct, cyber-bullying, hazing, or retaliation against a school employee or student.
Individuals who engage in making such false allegations are in violation of this policy and for verified infractions are subject to disciplinary action up to and including expulsion, consistent with the District’s Safe Schools policy.
Utah Code § 53G-9-603(2) (2024)
Utah Code § 53G-9-605(3)(d) (2019)
Utah Admin. Rules R277-613-4(1)(a) (August 8, 2023)
Improper Sharing of Recording of Incident Prohibited—
No student may share a recording of an incident or of abusive conduct in a way which would impact or encourage future incidents or abusive conduct or intending to impact or encourage future incidents or abusive conduct. Students who violate this prohibition are in violation of this policy and for verified infractions are subject to disciplinary action up to and including expulsion, consistent with the District’s Safe Schools policy (FHA). This restriction does not prevent a student from sharing a recording of an incident or of abusive conduct with a teacher or administrator as part of reporting the incident or abusive conduct or in response to a request from a teacher or administrator for the recording.
Utah Code § 53G-9-605(3)(e) (2024)
Investigation and 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. This investigation shall include interviewing the alleged targeted individual, the individual alleged to have engaged in prohibited conduct, the parents of the alleged target and alleged perpetrator, any witnesses to the conduct, school staff familiar with the alleged victim, and school staff familiar with the alleged perpetrator. 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) (August 8, 2023)
When the available information indicates that an infraction may also constitute a civil rights violation, the principal or designee shall also investigate that possible violation and take such disciplinary or other action as may be warranted.
Utah Admin. Rules R277-613-5(6) (August 8, 2023)
When it is determined that an incident has occurred, the school shall create an action plan. While parents should be involved in the development and implementation of the action plan, the school may develop and implement the plan without parent involvement when the parent chooses not to participate in the process.
The action plan shall include a communication plan designed to keep each parent updated on the implementation of the plan. The communication plan shall provide for regular updates and communication shall include explaining the process for addressing the incident, informing the parent about the outcome of the investigation, and discussing safety considerations for the student at whom the incident was directed.
For the student at whom the incident was directed and in direct coordination with that student’s parent, the plan shall include (1) a tailored response to the incident that addresses the student’s needs, (2) a mechanism to consider consequences or accommodations the student may need regarding decreased exposure or interactions with the student who caused the incident, (3) notification of the consequences and plan to address the behavior of the student who caused the incident, (4) supportive measures designed to preserve the student’s access to educational services and opportunities, and (5) to the extent available, access to other resources the parent requests for the student. The action plan may not include a requirement that the student at whom the incident was directed change the student’s education schedule or placement or participation in a school-sponsored sport, club, or activity.
For the student who caused the incident and in direct coordination with that student’s parent, the plan shall include (1) a range of tailored and appropriate consequences, making reasonable effort to preserve the student’s access to educational services and activities, (2) a process to determine and provide any needed resources related to the underlying cause of the incident, (3) supportive measures designed to preserve the student’s access to educational services and opportunities while protecting the safety and well-being of other students, and (4) a process to remove the student from school in an emergency situation, including a description of what constitutes an emergency.
Utah Code § 53G-9-605.5 (2024)
Utah Code § 53G-9-605(3)(f), (h), (i) (2024)
The student who caused the incident (or the student’s parent) may appeal one or more of the consequences to that student which are included in the action plan through the same processes and procedures provided for appeal of other student disciplinary actions.
Utah Code § 53G-9-605.5(4) (2024)
The action plan may include supporting involved students through trauma-informed care practices, if appropriate, as defined in Utah Admin. Rules R277-613-2(15).
Utah Admin. Rules R277-613-5(7) (May 24, 2022)
The action plan may also include positive restorative justice practice action, if permitted. Restorative justice practice is a discipline practice that brings together students, school personnel, school families, and community members to resolve conflicts, address disruptive behaviors, promote positive relationships, and promote healing. The student at whom the incident was directed is not required to participate in a restorative justice practice with. the student who caused the incident. If the principal or designee desires to have a 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(12) (August 8, 2023)
Utah Admin. Rules R277-613-5(7), (8) (August 8, 2023)
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(5) (August 8, 2023)
The principal or designee shall follow up with parents of all students involved (victim or perpetrator), informing parents when an investigation is concluded, what safety measures will be in place for their child as determined by the investigation, of additional information about the investigation to the extent consistent with the Family Educational Rights and
Privacy Act of 1974 (“FERPA”), and of any available appeal options if a parent disagrees with the resolution of the investigation.
Utah Admin. Rules R277-613-5(10) (August 8, 2023)
Training and Education—
Each school shall establish procedures for training school employees, coaches, volunteers and students on bullying, cyber-bullying, hazing, retaliation, or abusive conduct. The principal or designee shall be the point person to assist, direct, and supervise training on these matters.
Training to students, staff, and volunteers shall:
- Include information on:
- Bullying, cyber-bullying, hazing, retaliation, and abusive conduct;
- Discrimination under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990;
- How bullying, cyber-bullying, hazing, retaliation, and abusive conduct are different from discrimination and may occur separately from each other or in combination,
- How bullying, cyber-bullying, hazing, retaliation, and abusive conduct are prohibited based on the students’ or employees’ actual or perceived characteristics, including race, color, national origin, sex, disability, religion, gender identity, sexual orientation, or other physical or mental attributes, or conformance or failure to conform with stereotypes, and
- The right of free speech and how it differs for students, employees, and parents;
- Bullying, cyber-bullying, hazing, retaliation, and abusive conduct;
- Complement the suicide prevention program required for students and the suicide prevention training required for licensed educators; and
- Include information on when issues relating to these standards may lead to employee or student discipline.
Utah Code § 53G-9-607(1), (2) (2024)
Utah Admin. Rules R277-613-4(6) (August 8, 2023)
Utah Admin. Rules R277-613-5(1)(c) (August 8, 2023)
Utah Admin. Rules R277-605-6(4) (July 22, 2022)
This training shall be provided to all new employees, coaches, and volunteers within the first year of service and shall be provided to all employees, coaches, and volunteers at least once every three years after the initial training.
Utah Admin. Rules R277-613-4(7) (August 8, 2023) Utah Admin. Rules R277-605-6(4) (July 22, 2022)
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:
- Complete bullying, cyber-bullying, harassment, hazing, and abusive conduct prevention training prior to participation;
- Repeat bullying, cyber-bullying, harassment and hazing prevention training at least every three years;
- 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 (August 8, 2023)
Utah Admin. Rules R277-605-6(4) (July 22, 2022)
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(3)(j)(ii), (4) (2024)
The District may also offer voluntary training to parents and students regarding bullying, cyber-bullying, hazing, abusive conduct, and retaliation.
Utah Code § 53G-9-605(3)(j)(ii), (4) (2024)
The principal or designee responsible for reviewing and investigating allegations of bullying, cyber-bullying, hazing, retaliation, and abusive conduct shall receive training on conducting a review and investigation as provided for in this policy.
Utah Admin. Rules R277-613-5(1)(b) (August 8, 2023)
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(4) (May 24, 2022) Utah Code § 53E-9-203 (2022)
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.
Utah Code § 53G-9-605(3)(j), (4) (2024)
Utah Admin. Rules R277-613-4(1)(d), (2) (August 8, 2023)
Parental Notification of Incidents—
The school shall promptly notify a student’s parent when the student is involved in an incident (whether as a target or as a perpetrator) or when a student threatens suicide. When the student is involved in an incident, the parent shall also be notified of the action plan. In addition to giving notice of the incident or threat, the school shall also provide the parent with (1) suicide prevention materials and information as recommended by the State Superintendent, (2) information on ways to limit a student’s access to fatal means (including firearms and medication), and (3) information and resources on the healthy use of social media and online practices.
The school shall produce and maintain a record that verifies that the parent was notified of the threats or incidents listed above and provided the required information. If applicable, the record shall also track implementation of the action plan. 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:
- 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 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.
- Contact with the parent must be documented in a “Verification of Parent Contact Regarding Threat or Incident.” When there is an action plan, the documentation shall be supplemented to track implementation of the action plan.
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 Admin. Rules R277-613-4(3) (August 8, 2023)
The record of parental notification shall be maintained in accordance with Policy 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)(a)(iii), (4) (2024)
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, retaliation, and abusive conduct; (4) the number of verified and alleged incidents of bullying, cyber-bullying, hazing, and retaliation; and (5) the number and type of those incidents that either included a student or employee who is part of a federally protected class or was bullied, cyber-bullied, hazed, or retaliated against because of the student’s or employee’s actual or perceived disability, race, national origin, religion, sex, gender identity, sexual orientation, or other characteristic.
