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Policy 5270 Amended July 11, 2018 Page 1 of 11
Policy 5270
Student Rights and Responsibilities
Bullying, Cyberbullying, Hazing, and Abusive Conduct
A. 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 in
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:
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.
d. 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
e. Substantially interfering with a student having a safe school environment that is
necessary to facilitate educational performance, opportunities, or benefits.
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f. 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. “Cyberbullying” 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
cyberbullying.
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:
1) Endangers the mental or physical health or safety of a school employee or
student; or
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 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
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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 acquiesce in, the conduct.
Utah Admin. Rules R277-613-2 (2018)
Utah Code § 76-5-107.5 (2011)
Utah Code § 53G-9-601(1) to (5) (2018)
6. “Retaliate” means an act or communication intended:
a. as retribution against a person for reporting bullying, cyberbullying, abusive
conduct, or hazing; or
b. to improperly influence the investigation of, or the response to, a report of
bullying, cyberbullying, abusive conduct, or hazing.
Utah Code § 53G-9-601(7) (2018)
7. “School Employee” means:
a. 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) (2018)
B. Bullying and Abusive Conduct Prohibited
1. 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.
2. 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 5005.
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3. Anonymous reports of bullying or abusive conduct alone cannot constitute the basis
for formal disciplinary action.
4. 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 (2018)
Utah Admin. Rules R277-613-4(1)(a) (2018)
C. Hazing and Cyberbullying Prohibited
1. No student may engage in hazing or cyberbullying of a student or of a school
employee at any time or at any location.
2. Students who engage in hazing or cyberbullying 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
5005.
3. The school may also determine to break up or dissolve a team, organization, or
other school sponsored group for hazing violations by its members.
4. Anonymous reports of hazing or cyberbullying alone cannot constitute the basis for
formal disciplinary action.
5. 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 (2018)
Utah Admin. Rules R277-613-4(1)(a) (2018)
D. Retaliation Prohibited
1. No school employee or student may engage in retaliation against a school
employee, a student, or an investigation for, or witness of, an alleged incident of
bullying, cyberbullying, hazing, or retaliation against a school employee or student,
or an alleged incident of abusive conduct.
2. Students who engage in 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 5005. Anonymous reports of bullying, abusive conduct, cyberbullying,
or retaliation alone cannot constitute the basis for formal disciplinary action.
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3. Anonymous reports of retaliation alone cannot constitute the basis for formal
disciplinary action.
4. The school shall inform students who have reported being subject to bullying,
cyberbullying, 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 (2018)
Utah Admin. Rules R277-613-4(1)(a) (2018)
E. Making a False Report Prohibited
1. No student may make a false allegation of bullying, abusive conduct, cyberbullying,
hazing, or retaliation against a school employee or student.
2. Students who engage in making such false allegations 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 5005.
Utah Code § 53G-9-605(3)(d) (2018)
Utah Admin. Rules R277-613-4(1)(a) (2018)
F. Action Plan
1. Upon receipt of a reported incident of bullying, cyberbullying, 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 individual 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) (2018)
2. When it is determined that a student has been bullied, cyberbullied, 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.
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Utah Code § 53G-9-605(3)(g) (2018)
3. The plan of action may include supporting involved students through traumainformed
care practices, if appropriate, as defined in Utah Admin. Rules R277-613-
2(14).
Utah Admin. Rules R277-613-5(6) (2018)
4. The plan of action 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. 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(11) (2018)
Utah Admin. Rules R277-613-6(6) (2018)
5. 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) (2018)
G. Training and Education
1. Each school shall establish procedures for training school employees, coaches,
volunteers and students on bullying, cyberbullying, hazing, or retaliation.
a. 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;
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c) sexual aggression or acts of a sexual nature or with sexual overtones;
d) cyberbullying, 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, cyberbullying, 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) (2018)
b. 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) (2018)
c. 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, cyberbullying, harassment and hazing prevention
training prior to participation;
2) Repeat bullying, cyberbullying, 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.
d. 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 (2018)
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e. 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 cyberbullying.
Utah Code § 53G-9-605 (2018)
f. The District may also offer voluntary training to parents and students
regarding abusing conduct.
Utah Code § 53G-9-607(1)(b) (2018)
g. The principal or designee responsible for reviewing and investigating
allegations of bullying, cyberbullying, hazing, and retaliation shall receive
training on conducting a review and investigation as provided for in this policy.
Utah Code § 53G-9-607(1)(b) (2018)
H. Assessment
1. 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, cyberbullying, 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) (2018)
Utah Code § 53E-9-203 (2018)
I. Publication and Acknowledgment
1. A copy of this policy shall be included in student conduct handbooks, shall be
provided to the parent or guardian of each student enrolled in the District, and shall
be available on the District website.
2. Each student 8 years of age and older and a parent or guardian of each student
enrolled in the District shall annually provide a signed statement stating that the
student and parent or guardian has received a copy of this policy.
Utah Code § 53G-9-605(3)(h), (4) (2018)
J. Parental Notification of Incidents
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1. The school shall notify the parent or guardian or a student who is involved in an
incident of bullying, hazing, cyberbullying, abusive conduct, or retaliation (whether as
a target or as a perpetrator).
2. The school is also required to notify the parent or guardian of a student who
threatens to commit suicide. In addition, the school shall produce and maintain a
record that verifies that the parent or guardian was notified of the threats or incidents
listed above. The record is a private record for purposed of the Government
Records Access and Management Act.
a. The process for notifying a parent or guardian shall consist of:
1) The school principal or designee shall attempt to make personal contact with
a parent or guardian 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 or guardian may be contacted by phone. A second school person
should witness the phone call.
2) Contact with the parent or guardian must be documented in a “Verification of
Parent or Guardian Contact Regarding Threat or Incident”.
3. (A copy of the “Verification of Parent or Guardian Contact Regarding Threat or
Incident” is attached below.) Subject to laws regarding confidentiality of student
education records, at the request of a parent or guardian, a school may provide
information and make recommendations related to an incident or threat.
Utah Code § 53G-9-604 (2018)
Utah Admin Rules R277-613-4(2) (2018)
4. The record of parental notification shall be maintained in accordance with the Utah
Code 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(3)(b) (2018)
K. Report to State Superintendent
1. Each year, on or before June 30, the District shall submit a report to the State
Superintendent which includes
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a. a copy of the District’s bullying policy;
b. confirmation of compliance with the requirement to obtain a signed
acknowledgment of the policy from students, parents, and employees;
c. verification of required training regarding bullying, cyberbullying, hazing, and
retaliation;
d. the number of incidents of bullying, cyberbullying, hazing, and retaliation; and
e. the number of those incidents that either included a student who is part of a
federally protected class or was bullied, cyberbullied, 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) (2018)
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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] was involved in an incident of bullying, hazing, cyberbullying, 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:
[ __ ] bullying incident
[ __ ] cyberbullying 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