North Dakota - Bullying Harassment and Intimidation Policy: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law requires districts to adopt comprehensive anti-bullying policies addressing all U.S. Department of Education-recommended policy requirements.

North Dakota Century Code 15.1-19-18. Bullying - Prohibition by policy

  1. Before July 1, 2012, each school district shall adopt a policy providing that while at a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event, a student may not:

    • a.  Engage in bullying; or
    • b.  Engage in reprisal or retaliation against:
    • (1)  A victim of bullying;
    • (2)  An individual who witnesses an alleged act of bullying;
    • (3)  An individual who reports an alleged act of bullying; or
    • (4)  An individual who provides information about an alleged act of bullying.
  2. The policy required by this section must:

    • a.  Include a definition of bullying that at least encompasses the conduct described in section 15.1-19-17;
    • b.  Establish procedures for reporting and documenting alleged acts of bullying, reprisal, or retaliation, and include procedures for anonymous reporting of such acts;
    • c.  Establish procedures, including timelines, for school district personnel to follow in investigating reports of alleged bullying, reprisal, or retaliation;
    • d.  Establish a schedule for the retention of any documents generated while investigating reports of alleged bullying, reprisal, or retaliation;
    • e.  Set forth the disciplinary measures applicable to an individual who engaged in bullying or who engaged in reprisal or retaliation, as set forth in subsection 1;
    • f.  Require the notification of law enforcement personnel if an investigation by school district personnel results in a reasonable suspicion that a crime might have occurred;
    • g.  Establish strategies to protect a victim of bullying, reprisal, or retaliation; and
    • h.  Establish disciplinary measures to be imposed upon an individual who makes a false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation.
  3. In developing the bullying policy required by this section, a school district shall involve parents, school district employees, volunteers, students, school district administrators, law enforcement personnel, domestic violence sexual assault organizations as defined by subsection 3 of section 14-07.1-01, and community representatives.

  4. Upon completion of the policy required by this section, a school district shall:

    • a.  Ensure that the policy is explained to and discussed with its students;
    • b.  File a copy of the policy with the superintendent of public instruction; and
    • c.  Make the policy available in student and personnel handbooks.
  5. Each school district shall review and revise its policy as it determines necessary and shall file a copy of the revised policy with the superintendent of public instruction.


North Dakota Century Code 15.1-19-18. Bullying - Prohibition by policy

  1. Before July 1, 2012, each school district shall adopt a policy providing that while at a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event, a student may not:

    • a.  Engage in bullying; or
    • b.  Engage in reprisal or retaliation against:
    • (1)  A victim of bullying;
    • (2)  An individual who witnesses an alleged act of bullying;
    • (3)  An individual who reports an alleged act of bullying; or
    • (4)  An individual who provides information about an alleged act of bullying.
  2. The policy required by this section must:

    • a.  Include a definition of bullying that at least encompasses the conduct described in section 15.1-19-17;
    • b.  Establish procedures for reporting and documenting alleged acts of bullying, reprisal, or retaliation, and include procedures for anonymous reporting of such acts;
    • c.  Establish procedures, including timelines, for school district personnel to follow in investigating reports of alleged bullying, reprisal, or retaliation;
    • d.  Establish a schedule for the retention of any documents generated while investigating reports of alleged bullying, reprisal, or retaliation;
    • e.  Set forth the disciplinary measures applicable to an individual who engaged in bullying or who engaged in reprisal or retaliation, as set forth in subsection 1;
    • f.  Require the notification of law enforcement personnel if an investigation by school district personnel results in a reasonable suspicion that a crime might have occurred;
    • g.  Establish strategies to protect a victim of bullying, reprisal, or retaliation; and
    • h.  Establish disciplinary measures to be imposed upon an individual who makes a false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation.
  3. In developing the bullying policy required by this section, a school district shall involve parents, school district employees, volunteers, students, school district administrators, law enforcement personnel, domestic violence sexual assault organizations as defined by subsection 3 of section 14-07.1-01, and community representatives.

  4. Upon completion of the policy required by this section, a school district shall:

    • a.  Ensure that the policy is explained to and discussed with its students;
    • b.  File a copy of the policy with the superintendent of public instruction; and
    • c.  Make the policy available in student and personnel handbooks.
  5. Each school district shall review and revise its policy as it determines necessary and shall file a copy of the revised policy with the superintendent of public instruction.

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