Utah - Bullying Policy Consequences: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
statute; regulation
Summary: 

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

Utah Code 53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy.

(3) A policy shall include the following components:

  • (g) an action plan to address a reported incident of bullying, cyber-bullying, hazing, or retaliation;

Utah Administrative Code R277-613-4. LEA Responsibility to Create Bullying Policies. [Repealed and revised as of 10/1/2018]

G. Policies shall also complement existing safe and drug free school policies and school discipline plans. Consistent with R277-609, the discipline plan shall provide direction for dealing with bullying, cyber-bullying, hazing, harassment and disruptive students. This part of the plan shall:

  • (1) direct schools to determine the range of behaviors and establish the continuum of administrative procedures that may be used by school personnel to address the behavior of habitually disruptive students;
  • (2) provide for identification, by position(s), of individual(s) designated to issue notices of disruptive student and bullying, cyber-bullying, hazing and harassment behavior;
  • (3) designate to whom notices shall be provided;
  • (4) provide for documentation of disruptive student behavior prior to referral of disruptive students to juvenile court;
  • (5) include strategies to provide for necessary adult supervision;
  • (6) be clearly written and consistently enforced;
  • (7) include administration, instruction and support staff, students, parents, community council and other community members in policy development, training and prevention implementation so as to create a community sense of participation, ownership, support and responsibility; and
  • (8) provide notice to employees that violation(s) of this rule may result in employment discipline or action.
    Utah Office of Administrative Rules

Utah Code 76-9-201. Electronic communication harassment -- Definitions -- Penalties.

(2) A person is guilty of electronic communication harassment and subject to prosecution in the jurisdiction where the communication originated or was received if with intent to intimidate, abuse, threaten, or disrupt the electronic communications of another, the person:

  • (a) (i) makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; or
    • (ii) after the recipient has requested or informed the person not to contact the recipient, and the person repeatedly or continuously:
      • (A) contacts the electronic communication device of the recipient; or
      • (B) causes an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication;
  • (b) makes contact by means of electronic communication and insults, taunts, or challenges the recipient of the communication or any person at the receiving location in a manner likely to provoke a violent or disorderly response;
  • (c) makes contact by means of electronic communication and threatens to inflict injury, physical harm, or damage to any person or the property of any person;
  • (d) causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device; or
  • (e) electronically publishes, posts, or otherwise discloses personal identifying information of another person, in a public online site or forum, without that person’s permission.

Utah Code 76-9-201. Electronic communication harassment -- Definitions -- Penalties.

(i) Electronic communication harassment committed against a minor is a class A misdemeanor, except under Subsection (3)(b)(ii).

(ii) A second or subsequent offense under Subsection (3)(b)(i) is a third degree felony, regardless of whether any prior violation of this section was committed against a minor or an adult.

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