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Laws and Policies
Bullying/Harassment
Code 59-63-120 (2005) defines harassment, intimidation, or bullying "as a gesture, an electronic communication, or a written, verbal, physical or sexual act that is reasonably perceived to have the effect of (a) harming a student physically or emotionally or damaging a student's property, or placing a student in reasonable fear of personal harm or property damage; or (b) insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school."
Code 59-63-130 (2005), prohibits anyone from harassing, intimidating, and bullying another person. In addition, the Code stipulates that a person may not engage in reprisal, retaliation or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying."
Code 59-63-140 (2005) requires school districts to adopt policies prohibiting harassment, intimidation, or bullying at school and encourages them to establish bullying prevention programs and other initiatives. To assist school districts in this process, the State Board of Education developed a Model Policy Prohibiting Harassment, Intimidation or Bullying.
Code 59-63-150 (2005) states that school employee or volunteer who promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the local school district's policy is immune from a cause from action for damages arising from failure to remedy a reported incident
The Codes cited above can be referenced in the Safe School Climate Act (2005).
H4758 (2008) allows a high school student who is the victim of physical abuse, harassment, or stalking by a classmate during school hours or otherwise resulting in a restraining order to transfer with the consent of the student's school district to another high school within or out of the district within thirty school days of the restraining order being violated, without any loss of eligibility to participate in interscholastic activities at the school to which the student transfers.
Cyber Bullying
Code 59-63-120 (2005) defines harassment, intimidation, or bullying "as a gesture, an electronic communication, or a written, verbal, physical or sexual act that is reasonably perceived to have the effect of (a) harming a student physically or emotionally or damaging a student's property, or placing a student in reasonable fear of personal harm or property damage; or (b) insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school." With this definition, Code, 59-63-130 (2005) prohibits anyone from harassing, intimidating, and bullying another person.
Hazing
Code 59-63-275 (no date available) prohibits hazing at all public educational institutions. Student violation of this code may result in dismissal, expulsion, suspension, or other punishment as deemed appropriate by the principal.
Source: National Association of State Boards of Education
Last Updated: 3/1/2009
