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AS98 – Bullying, Cyberbullying and Hazing

  • Effective: 10/28/2014
  • Revision:  2/26/2019
  • Reviewed:
  1. Board Directive
    Jordan School District is committed to providing a safe and civil school environment in which all members of the school community are treated with dignity and respect.  The Board, therefore, delegates to the District Administration responsibility for establishing policy regarding bullying, cyberbullying and hazing.
  2. Administrative Policy
    The Administration shall take appropriate disciplinary action when students or employees engage in bullying,  cyberbullying or hazing.

    1.  Definitions
      1. Abusive Conduct: verbal, nonverbal, or physical conduct of a person 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: 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:
        1. Causing physical or emotional harm to the school employee or student;
        2. Causing damage to the school employee’s or student’s property;
        3. Placing the school employee or student in reasonable fear of:
          1. Harm to the school employee’s or student’s physical or emotional well-being; or
          2. Damage to the school employee’s or student’s property;
        4. Creating a hostile, threatening, humiliating, or abusive educational environment due to:
          1. the pervasiveness, persistence, or severity of the actions; or
          2. a power differential between the bully and the target; or
        5. Substantially interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits.
        6. Bullying typically involves repeated negative actions in a situation where an imbalance of power or strength exists and may include, but is not necessarily limited to:
          1. Physical bullying including but not limited to hitting and/or punching;
          2. Verbal bullying including but not limited to teasing or name calling;
          3. Non-verbal or emotional bullying including but not limited to intimidation through gestures, social exclusion and relational aggression.
        7. The conduct described above constitutes bullying, regardless of whether the person being bullied either directed, consented to, or acquiesced in, the conduct.
      3. Communication: the conveyance of a message, whether verbal, written, or electronic.
      4. Cyberbullying: 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.
      5. Harassment: repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for the individual (See Policy AS94—Student Discrimination and Harassment and DP358—Employee Discrimination and Harassment).
      6. Hazing: intentionally, knowingly, or recklessly committing an act, or causing another individual to commit an act toward a school employee or student that:
        1. Endangers the mental or physical health or safety of a school employee or student;
        2. 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;
        3. 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
        4. 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
        5. 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. 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.
        7. 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.
      7. Parent: a student’s parent and/or legal guardian.
      8. Restorative Practice: a discipline practice designed to enhance school safety, reduce school suspensions, and limit referrals to court, and to help minors take responsibility and repair the harm of behavior that occurs in school.
      9. Retaliation: an act of communication intended:
        1. As retribution against a person for reporting bullying, cyberbullying, hazing or harassment; or
        2. To improperly influence the investigation of, or the response to, a report of bullying.
      10. Trauma-informed Care: a strengths-based service delivery approach grounded in an understanding of and responsiveness to the impact of trauma, emphasizing physical, psychological, and emotional safety for both offenders and victims, and creating opportunities for victims to rebuild a sense of control and empowerment.
    2.  Prohibitions
      1. A school employee, student, volunteer or patron may not engage in bullying or otherwise harassing a school employee or student:
        1. on school property
        2. at a school related or sponsored event
        3. on a school bus
        4. at a school bus stop
        5. while the school employee or student is traveling to or from a location or event described above.
      2. A school employee or student may not engage in hazing, cyberbullying or abusive conduct toward a school employee or student at any time or in any location as per Utah Code 53G-9-602.
      3. A school employee or student may not engage in retaliation against:
        1. a school employee,
        2. a student, or
        3. an investigator for, or witness or, an alleged incident of bullying, cyber-bullying, harassment, hazing, or retaliation.
      4. A school employee or student may not make a false allegation of bullying, cyberbullying, harassment, hazing, or retaliation against a school employee or student.
      5. Any bullying, cyberbullying, harassment, or hazing that is found to be targeted at a federally protected class is further prohibited under federal anti-discrimination laws and is subject to compliance regulations from the Office for Civil Rights (see Policy AS94—Student Discrimination and Harassment)
    3. Investigation and Response Guidelines
      1. Each reported complaint shall include:
        1. Name of complaining party
        2. Name of offender (if known)
        3. Date and location of incident(s)
        4. A statement describing the incident(s), including names of witnesses (if known)
      2. Each reported violation of the prohibitions noted previously shall be promptly and reasonably investigated by a school administrator or an individual designated by a school administrator. Formal disciplinary action is prohibited based solely on an anonymous report of bullying, hazing, or retaliation.
      3. Violations of the prohibitions noted previously may fall under District policy AS67—Discipline of Students and the consequence(s) may include but are not limited to:
        1. Use of positive restorative practices consistent with Utah State Board of Education Administrative Rule R277-613
        2. Student suspension or removal from a school-sponsored team or activity, including school-sponsored transportation;
        3. Student referral, under policy AS67—Discipline of Students, or a lesser disciplinary action which may merit student suspension or expulsion from school
        4. Employee suspension or termination for cause or lesser disciplinary action
        5. Employee reassignment
        6. Employees may be subject to provisions in DP316 – Orderly Termination Procedures
        7. Other action against student or employee as applicable.
      4. Action to include when appropriate:
        1. Procedures for protecting the victim and other involved individuals from being subjected to:
          1. further bullying, cyberbullying, or harassment
          2. retaliation for reporting the bullying, cyberbullying and harassment
        2. Referral of victim and/or aggressor to school psychologist, counselor, or other appropriate personnel for support through trauma-informed care.
        3. 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.
        4. Incidents of bullying, cyberbullying, hazing, harassment, and retaliation will be reported to the Superintendent or Superintendent’s designee.
        5. Procedures for providing local employee discipline rights under DP 316—Orderly Termination Procedures for employee discipline and District Policy AS67 —Discipline of Students prior to long-term (more than 10 days) student discipline should be followed as appropriate.
    4. Parental Notification of Certain Incidents and Threats Required
      1. The school shall notify a parent if the parent’s student threatens suicide or if the student is involved in an incident of bullying, cyber-bullying, hazing, or retaliation of the incident involving each parent’s student.
        1. If a school uses restorative practices, the school shall notify the involved students’ parents of the restorative practice and obtain consent from the involved student(s)’ parent(s) before including the victim in the process;
        2. If a school notifies a parent of an incident or threat required to be reported, the school shall produce and maintain a record that verifies that the parent was notified of the incident or threat.
      2. A school shall maintain a record in accordance with the requirements of the:
        1. Utah Student Data Protection Act (Utah Code § 53E-9-301, et. seq.);
        2. Utah Family Educational Rights and Privacy Act (Utah Code § 53E-9-202 seq.);
        3. Federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 12332g; and 34 C.F.R. Part 99).
      3. At the request of a parent, a school may provide information and make recommendations related to an incident or threat.
      4. A school shall provide a student copy of a record maintained in accordance with this section that relates to the student if the student requests a copy of the record; and expunge a record maintained in accordance with this section that relates to a student if the student:
        1. Has graduated from high school; and
        2. Requests the record be expunged.
    5. Training and Additional Considerations
      1. Students, staff, and volunteers shall receive training regarding bullying, cyberbullying, hazing, harassment, and retaliation. Training shall comply with Utah State Board of Education Rules. (See Utah Administrative Code, Rule 277-613-4.)
      2. Prior to any student, employee, or volunteer coach participating in a District athletic program, or extracurricular club or activity, the student employee or coach shall participate in bullying, cyber-bullying, hazing, and harassment prevention training. Training shall comply with Utah State Board of Education Rules. (See Utah Administrative Code, Rule 277-613-5.)