Utah - Bullying Policy Reporting and Investigations: Policy or Plan Requirements

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

Topic is not addressed in state laws.

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

[Coding note: State regulation was amended in 2018 to add detailed provisions related to reporting and investigations. Regulation does not contribute to coding.]

(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 R277-613-5. Reporting and Incident Investigations of Allegations of Bullying, Cyber-bullying, Hazing, and Retaliation.

(1) In accordance with an action plan adopted in accordance with Subsection R277-613-4(1)(c), an LEA shall:

  • (a) investigate allegations of incidents of bullying, cyber-bullying, hazing, and retaliation in accordance with this section; and
  • (b) provide an individual who investigates allegations of incidents of bullying, cyber-bullying, hazing, and retaliation with adequate training on conducting an investigation.

(2)(a) An LEA shall investigate allegations of incidents described in Subsection (1)(a) by interviewing at least the alleged victim and the individual who is alleged to have engaged in prohibited conduct.

  • (b) An LEA may also interview the following as part of an investigation:
    • (i) parents of the alleged victim and the individual who is alleged to have engaged in prohibited conduct;
    • (ii) any witnesses;
    • (iii) school staff; and
    • (iv) other individuals who may provide additional information.
  • (c) An individual who investigates an allegation of an incident shall inform an individual being interviewed that:
    • (i) to the extent allowed by law, the individual is required to keep all details of the interview confidential; and
    • (ii) further reports of bullying will become part of the review.

(3) The confidentiality requirement in Subsection (2)(c) does not apply to:

  • (a) conversations with law enforcement professionals;
  • (b) requests for information pursuant to a warrant or subpoena;
  • (c) a state or federal reporting requirement; or
  • (d) other reporting required by this rule.

(4) In conducting an investigation under this section, an LEA may:

  • (a) review disciplinary reports of involved students; and
  • (b) review physical evidence, consistent with search and seizure law in schools, which may include:
    • (i) video or audio;
    • (ii) notes;
    • (iii) email;
    • (iv) text messages;
    • (v) social media; or
    • (vi) graffiti.

(5) An LEA shall adopt a policy outlining under what circumstances the LEA will report incidents of bullying, cyber-bullying, harassment, and retaliation to law enforcement.

(6) Following an investigation of a confirmed allegation of an incident of bullying, cyber-bullying, hazing, or retaliation, if appropriate, an LEA may:

  • (a) in accordance with the requirements in Subsection (6), take positive restorative justice practice action, in accordance with policies established by the LEA; and
  • (b) support involved students through trauma-informed practices, if appropriate.
    Utah Office of Administrative Rules
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