State law defines prohibited behavior and may require districts to include bullying definitions in district anti-bullying policies.
Utah Administrative Code R277-613-2. Definitions.
- (a) "Bullying" means the same as that term is defined in Subsection 53G-9-601(2).
- (b) "Bullying" includes relational aggression or indirect, covert, or social aggression, including rumor spreading, intimidation, enlisting a friend to assault a child, and social isolation.
- (c) The conduct described in Subsection 53G-9-601(2) constitutes bullying, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.
(3) "Civil rights violation" means bullying, cyber-bullying, harassment, or hazing that is targeted at a student based upon the students' or employees' identification as part of any group protected from discrimination under the following federal laws:
- (a) Title VI of the Civil Rights Act of 1964;
- (b) Title IX of the Education Amendments of 1972; or
- (c) Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990.
(4) "Cyber-bullying" means the same as that term is defined in Subsection 53G-9-601(4).
Utah Code 53G-9-601. Definitions.
As used in this part: (1)
- (a) “Abusive conduct” means verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress.
- (b) A single act does not constitute abusive conduct.
(2) “Bullying” means a school employee or student intentionally committing a written, verbal, or physical act against a school employee or student that a reasonable person under the circumstances should know or reasonably foresee will have the effect of:
- (a) causing physical or emotional harm to the school employee or student;
- (b) causing damage to the school employee’s or student’s property;
- (c) placing the school employee or student in reasonable fear of:
- (i) harm to the school employee’s or student’s physical or emotional well-being; or
- (ii) damage to the school employee’s or student’s property;
- (d) creating a hostile, threatening, humiliating, or abusive educational environment due to:
- (i) the pervasiveness, persistence, or severity of the actions; or
- (ii) a power differential between the bully and the target; or
- (e) substantially interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits.
(3) “Communication” means the conveyance of a message, whether verbal, written, or electronic.
(4) “Cyber-bullying” means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication.
(a) “Hazing” means a school employee or student intentionally, knowingly, or recklessly committing an act or causing another individual to commit an act toward a school employee or student that:
(A) endangers the mental or physical health or safety of a school employee or student;
(B) involves any brutality of a physical nature, including whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
(C) involves consumption of any food, alcoholic product, drug, or other substance or other physical activity that endangers the mental or physical health and safety of a school employee or student; or
(D) involves any activity that would subject a school employee or student to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
(A) is committed for the purpose of initiation into, admission into, affiliation with, holding office in, or as a condition for membership in a school or school sponsored team, organization, program, club, or event; or
(B) is directed toward a school employee or student whom the individual who commits the act knows, at the time the act is committed, is a member of, or candidate for membership in, a school or school sponsored team, organization, program, club, or event in which the individual who commits the act also participates.
(b) The conduct described in Subsection (5)(a) constitutes hazing, regardless of whether the school employee or student against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.
(6) “LEA governing board” means a local school board or charter school governing board.
(7) “Policy” means an LEA governing board policy described in Section 53G-9-605.
(8) “Retaliate” means an act or communication intended:
- (a) as retribution against a person for reporting bullying or hazing; or
- (b) to improperly influence the investigation of, or the response to, a report of bullying or hazing.
(9) “School” means a public elementary or secondary school, including a charter school.
(10) “School employee” means an individual working in the individual’s official capacity as:
- (a) a school teacher;
- (b) a school staff member;
- (c) a school administrator; or
- (d) an individual:
- (i) who is employed, directly or indirectly, by a school, an LEA governing board, or a school district; and
- (ii) who works on a school campus.
Utah Code 53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy.
(3) A policy shall include the following components:
- (a) definitions of bullying, cyber-bullying, hazing, and abusive conduct that are consistent with this chapter;
- (b) language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;
- (c) language prohibiting retaliation against an individual who reports conduct that is prohibited under this chapter;
- (d) language prohibiting making a false report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation;