(a) As used in this Section:

• (1) "At school" means in a classroom, elsewhere on or within school fences or at a school-sponsored activity or event whether or not it is held on school premises.
• (2) "Harassment, intimidation, or bullying" means any gesture or written, verbal, or physical act that a reasonable person under the circumstances should know will have the effect of harming a pupil or damaging his or her property or placing a pupil in reasonable fear of harm to his or her person or damage to his or her property, or that has the effect of insulting or demeaning any pupil or group of pupils in such a way as to disrupt or interfere with the school's educational mission or the education of any pupil. "Harassment, intimidation, or bullying" includes, but is not limited to, such a gesture or written, verbal, or physical act that is reasonably perceived as being motivated by a pupil's religion, race, color, national origin, age, sex, sexual orientation, disability, height, weight, or socioeconomic status, or by any other distinguishing characteristic.
• (3) "Cyberbullying" means the use of any electronic communication device to harass, intimidate or bully as defined in the above Subsection (2).

(b) The Guam Education Board (Board) shall adopt a policy prohibiting "harassment, intimidation, or bullying" and "cyberbullying" at school. The content of the policy shall be determined by the Board but shall contain at least the components in Subsection (c). The policy shall be adopted through a process that includes representation of parents or guardians, pupils, teachers, staff, administrators, volunteers, and community representatives.

(c) The policy shall include at least each of the following components:

• (1) A statement prohibiting "harassment, intimidation, or bullying" and "cyberbullying" of a pupil.
• (2) A definition of "harassment, intimidation, or bullying" and "cyberbullying" that includes at least the acts described in the definition in this Section.
• (3) A description of the type of behavior expected from each pupil.
• (4) Consequences and appropriate remedial action for a person who commits an act of "harassment, intimidation, or bullying" and "cyberbullying".
• (5) A procedure for reporting an act of "harassment, intimidation, or bullying" and "cyberbullying", including a provision that permits a person to report an act of "harassment, intimidation, or bullying" and "cyberbullying" anonymously. However, this Subsection shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.
• (6) A procedure for prompt investigation of reports of violations and complaints, identifying either the principal or the principal's designee as the person responsible for the investigation.
• (7) The range of ways in which a school will respond once an incident of "harassment, intimidation, or bullying" and "cyberbullying" is identified.
• (8) A statement that prohibits reprisal or retaliation against any person who reports an act of "harassment, intimidation, or bullying" and "cyberbullying", and the consequences and appropriate remedial action for a person who engages in that type of reprisal or retaliation.
• (9) Consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of "harassment, intimidation, or bullying" and "cyberbullying".
• (10) A statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored activities.
• (11) A school employee, pupil, or volunteer shall 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" and "cyberbullying".
• (12) A school employee or volunteer who has witnessed, or has reliable information that a pupil has been subjected to "harassment, intimidation, or bullying" and "cyberbullying", whether verbal or physical, shall report the incident to the appropriate school official designated by the Board policy.
• (13) A school employee who promptly reports an incident of "harassment, intimidation, or bullying" and "cyberbullying" to the appropriate school official designated by the Board policy, and who makes this report in compliance with the procedures in the policy prohibiting "harassment, intimidation, or bullying" and "cyberbullying" is not liable for damages arising from any failure to remedy the reported incident.

(d) The Board shall adopt the policy under this Section and transmit a copy of its policy to the Superintendent of Education by June 30, 2011.

(e) The Board shall ensure that notice of the policy under this Section is included in any publication that sets forth the comprehensive rules, procedures, and Standard of conduct for all schools, and in its pupil handbooks.

(f) Public schools are required to form "bullying" and "cyberbullying" prevention task forces; implement prevention, intervention, and remediation programs; and explore other initiatives that involve the school community, law enforcement, assistance organizations, and community members. School community is defined as parents or guardians, pupils, teachers, staff, and administrators.

(g) Each school shall do all of the following:

• (1) provide training on the school's "harassment, intimidation, or bullying" and "cyberbullying" policies to the school community and volunteers who have significant contact with pupils; and
• (2) develop a process for discussing the "harassment, intimidation, or bullying" and "cyberbullying" policy with pupils as part of the curriculum.

(h) A school shall incorporate information regarding its policy against "harassment, intimidation, or bullying" and "cyberbullying" into its employee training program.

(i) This Section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This Section does not create or alter any tort liability.

(j) The Board shall establish rules for appropriate disciplinary action for the Department of Education personnel who do not comply with the policy prohibiting "harassment, intimidation, or bullying" and "cyberbullying".

(k) "harassment, intimidation, or bullying" and "cyberbullying" are CRIMINAL IN NATURE and any of these actions can constitute a criminal offense that is chargeable under Guam law.

The Guam Education Board shall, by Board policy, adopt internet usage safety Standard in the curriculum of each course where internet usage is required or may be used by students for successful completion and mastery of the course subject matter. The Standard may include, but not be limited to, teaching students to avoid computer viruses, identity theft, phishing and bank theft scams, exposure to violent, pornographic and obscene imagery, solicitation from sexual predators, and cyberbullying.

(a) A minor is guilty of an offense of Illegal Use of a Computer Telecommunications Device Involving a Minor, otherwise known as Sexting, if the minor, by use of a computer or any telecommunications device, recklessly or knowingly creates, receives, exchanges, sends, disseminates, transmits or possesses a photograph, video, depiction or other material that shows himself or herself, or of another minor, in a state of nudity.

(b) It is no defense to a charge under this Section that the minor creates, receives, exchanges, sends, or possesses a photograph, video, or other material that shows themselves in a state of nudity.

(c) Applicability. This Section shall not apply to the use of a computer or a telecommunications device to transmit or distribute a photograph or other depiction involving sexual intercourse, deviate sexual intercourse, sadism, masochism or masturbation. This Section does not prohibit a person guilty under this Section to be charged with other chargeable criminal sex offenses under Guam law.

(d) An offense under this Section constitutes a "status offense". Any minor found to commit an offense under this Section shall be found guilty of illegal use of a telecommunications device involving a minor in a state of nudity, a delinquent act that would be a misdemeanor if it could be committed as an adult.

(e) A minor who violates this Section is guilty of a separate offense for each separate photograph, video, or other material that shows a minor in a state of nudity which is created, received, exchanged, sent, or possessed.

(f) Any minor who is convicted of a violation of this Section shall be ordered in addition to the sentence ordered by the Court, as part of his or her sentence, to participate in the educational program similar to that discussed under Subsection (g) of this Section.

(g) A juvenile or minor who commits the offense of Illegal Use of a Computer or Telecommunications Device to Disseminate Prohibited Materials Involving a Minor- Sexting, may be eligible for a diversionary program.

• (1) As used herein, 'eligible offense' means an offense chargeable under this Section where:
• (A) the facts of the case involve the creation, exhibition or distribution without malicious intent of a photograph depicting nudity as defined in that section through the use of a telecommunications device or a computer; and
• (B) the creator and subject of the photograph are juveniles or were juveniles at the time of its making.
• (2) The Office of the Attorney General, Family Division, or whichever designated division of the Office of the Attorney General that addresses matters involving juveniles in the community of Guam, will incorporate such a diversionary program under its current services. Such diversionary program would be similar to or incorporated under the current Pre-Adjudicatory Diversionary Program that the Office of the Attorney General currently utilizes. The program would require the Office of the Attorney General to develop an educational program for juveniles who commit an eligible offense as defined in this Act. The Office of the Attorney General shall then consult with the Judiciary of Guam, Juvenile Probation Division, to discuss and implement such educational program, to include the same or similar conditions as the current Pre-Adjudicatory Diversionary Program in place between the Office of the Attorney General and Judiciary of Guam, Juvenile Probation Office. The Office of the Attorney General shall be the sole agency responsible for the determination as to whether a minor may be admitted into the diversionary program. A juvenile who successfully completes the program would have the opportunity to avoid prosecution, and any records relating to such an offense, upon completion of the program, would be dismissed and expunged.
• (3) Admission to the program shall be limited to juveniles who:
• (A) have not previously been adjudicated delinquent for or convicted of a criminal offense under Title 9 of the Guam Code Annotated that constitutes a third degree felony or greater;
• (B) were not aware that their actions could constitute and did not have the intent to commit a criminal offense;
• (C) may be harmed by the imposition of criminal sanctions; and
• (D) would likely be deterred from engaging in similar conduct in the future by completing the program.
• (4) The educational program shall provide information concerning:
• (A) the legal consequences of and penalties for sharing sexually suggestive or explicit materials, including applicable local and federal statutes;
• (B) the non-legal consequences of sharing sexually suggestive or explicit materials including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities;
• (C) how the unique characteristics of cyberspace and the Internet, including searchability, replicability, and an infinite audience, can produce long-term and unforeseen consequences for sharing sexually suggestive or explicit materials; and
• (D) the connection between bullying and cyberbullying and juveniles sharing sexually suggestive or explicit materials.
• (5) The Attorney General may promulgate guidelines to effectuate the provisions of this Section.

Board policy prohibiting harassment, intimidation or bullying, cyberbullying, sexting and sexual harassment.

Standard Operating Procedure provides implementation guidance for board policy 409 prohibiting harassment, intimidation or bullying, cyberbullying, sexting and sexual harassment.