First Substitute H.B. 325

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 4, 2008 at 4:06 PM by rday. -->

Representative Carol Spackman Moss proposes the following substitute bill:

1 BULLYING AND HAZING
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carol Spackman Moss
5 Senate Sponsor: Jon J. Greiner
6
7 LONG TITLE
8 General Description:
9 This bill amends Title 53A, State System of Public Education, to enact provisions, and
10 require adoption of school policies, relating to bullying and hazing.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . prohibits bullying or hazing, retaliation for reporting, or assisting in the
15 investigation of, bullying or hazing, and making a false report of bullying or hazing;
16 S. [ . requires and encourages the reporting of bullying, hazing, or retaliation;
17 . provides immunity for the good faith reporting of bullying, hazing, or retaliation; ] .S
18 . requires local school boards and local charter boards to adopt a policy, on or before
19 September 1, 2009, for reporting and responding to bullying, hazing, or retaliation;
20 . describes the minimum requirements for a policy described in the preceding
21 paragraph;
22 . requires the State Board of Education to develop, on or before September 1, 2008, a
23 model policy on bullying, hazing, or retaliation; and
24 . provides for training and education regarding, and the prevention of, bullying,
25 hazing, or retaliation.

26 Monies Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 ENACTS:
32 53A-11a-101, Utah Code Annotated 1953
33 53A-11a-102, Utah Code Annotated 1953
34 53A-11a-201, Utah Code Annotated 1953
35 53A-11a-202, Utah Code Annotated 1953
36 53A-11a-301, Utah Code Annotated 1953
37 53A-11a-302, Utah Code Annotated 1953
38 53A-11a-401, Utah Code Annotated 1953
39 53A-11a-402, Utah Code Annotated 1953
40 S. [ 53A-11a-501, Utah Code Annotated 1953
41 53A-11a-502, Utah Code Annotated 1953 ] .S
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 53A-11a-101 is enacted to read:
45 CHAPTER 11a. BULLYING AND HAZING
46 Part 1. General Provisions
47 53A-11a-101. Title.
48 This chapter is known as "Bullying and Hazing."
49 Section 2. Section 53A-11a-102 is enacted to read:
50 53A-11a-102. Definitions.
51 As used in this part:
52 (1) (a) "Bullying" means intentionally or knowingly committing an act that:
53 (i) (A) endangers the physical health or safety of a school employee or student;
54 (B) involves any brutality of a physical nature such as whipping, beating, branding,
55 calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
56 exposure to the elements;

57 (C) involves consumption of any food, liquor, drug, or other substance;
58 (D) involves other physical activity that endangers the physical health and safety of a
59 school employee or student; or
60 (E) involves physically obstructing a school employee's or student's freedom to move;
61 and
62 (ii) is done for the purpose of placing a school employee or student in fear of:
63 (A) physical harm to the school employee or student; or
64 (B) harm to property of the school employee or student.
65 (b) The conduct described in Subsection (1)(a) constitutes bullying, regardless of
66 whether the person against whom the conduct is committed directed, consented to, or
67 acquiesced in, the conduct.
68 (2) (a) "Hazing" means intentionally or knowingly committing an act that:
69 (i) (A) endangers the physical health or safety of a school employee or student;
70 (B) involves any brutality of a physical nature such as whipping, beating, branding,
71 calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
72 exposure to the elements;
73 (C) involves consumption of any food, liquor, drug, or other substance;
74 (D) involves other physical activity that endangers the physical health and safety of a
75 school employee or student; or
76 (E) involves physically obstructing a school employee's or student's freedom to move;
77 and
78 (ii) (A) is done for the purpose of initiation or admission into, affiliation with, holding
79 office in, or as a condition for, membership or acceptance, or continued membership or
80 acceptance, in any school or school sponsored team, organization, program, or event; or
81 (B) if the person committing the act against a school employee or student knew that the
82 school employee or student is a member of, or candidate for, membership with a school, or
83 school sponsored team, organization, program, or event to which the person committing the act
84 belongs to or participates in.
85 (b) The conduct described in Subsection (2)(a) constitutes hazing, regardless of
86 whether the person against whom the conduct is committed directed, consented to, or
87 acquiesced in, the conduct.

88 (3) "Policy" means a bullying and hazing policy described in Section S. [ 53A-11a-401 ]
88a 53A-11a-301 .S .
89 (4) "Retaliate" means an act or communication intended:
90 (a) as retribution against a person for reporting bullying or hazing; or
91 (b) to improperly influence the investigation of, or the response to, a report of bullying
92 or hazing.
93 (5) "School" means any public elementary or secondary school or charter school.
94 (6) "School board" means:
95 (a) a local school board; or
96 (b) a local charter board.
97 (7) "School employee" means:
98 (a) school teachers;
99 (b) school staff;
100 (c) school administrators; and
101 (d) all others employed, directly or indirectly, by the school, school board, or school
102 district.
103 Section 3. Section 53A-11a-201 is enacted to read:
104 Part 2. Prohibitions
105 53A-11a-201. Bullying and hazing prohibited.
106 (1) No school employee or student may engage in bullying a school employee or
107 student:
108 (a) on school property;
109 (b) at a school related or sponsored event;
110 (c) on a school bus;
111 (d) at a school bus stop; or
112 (e) while the school employee or student is traveling to or from a location or event
113 described in Subsections (1)(a) through (d).
114 (2) No school employee or student may engage in hazing a school employee or student
115 at any time or in any location.
116 Section 4. Section 53A-11a-202 is enacted to read:
117 53A-11a-202. Retaliation and S. making .S false S. [ reporting ] allegation .S
117a prohibited.
118 (1) No school employee or student may engage in retaliation against:

119 (a) a school employee;
120 (b) a student; or
121 (c) an investigator for, or a witness of, an alleged incident of bullying, hazing, or
122 retaliation.
123 (2) No school employee or student may make a false S. [ report ] allegation .S of
123a bullying, hazing, or
124 retaliation against a school employee or student.
125 S. [ Section 5. Section 53A-11a-301 is enacted to read:
126 Part 3. Reporting
127 53A-11a-301. Reporting of bullying, hazing, or retaliation required.
128 (1) A school employee who witnesses, or has reliable information regarding, an
129 incident of bullying, hazing, or retaliation shall report the incident and information to the
130 school official designated in the school's policy.
131 (2) A student or parent who witnesses, or has reliable information regarding, an
132 incident of bullying, hazing, or retaliation is encouraged to report the incident and information
133 to the school official designated in the school's policy.
134 Section 6. Section 53A-11a-302 is enacted to read:
135 53A-11a-302. Immunity for reporting in good faith.
136 A school employee, student, or parent who reports an incident of, or information
137 relating to, bullying, hazing, or retaliation, is immune from any civil liability that otherwise
138 might result by reason of making the report, if the report is made:
139 (1) promptly;
140 (2) in good faith;
141 (3) to the school official designated in the school's policy; and
142 (4) in accordance with the school's policy. ] .S
143 Section S. [ 7 ] 5 .S . S. [ Section 53A-11a-401 ] Section 53A-11a-301 .S is enacted to read:
144 Part S. [ 4 ] 3 .S . School Policy
145 S. [ 53A-11a-401 ] 53A-11a-301 .S . Bullying and hazing policy.
146 (1) On or before September 1, 2009, each school board shall adopt a bullying or hazing
147 policy.
148 (2) The policy shall:
149 (a) be developed only with input from:

150 (i) students;
151 (ii) parents;
152 (iii) teachers;
153 (iv) school administrators;
154 (v) school staff; or
155 (vi) local law enforcement agencies;
156 (b) be implemented in an ongoing, consistent, and nondiscriminatory manner;
157 (c) be integrated with existing school discipline policies and violence prevention
158 efforts; and
159 (d) provide protection to a student, regardless of the student's legal status.
160 (3) The policy shall include the following components:
161 (a) definitions of bullying and hazing that, at a minimum, include the conduct
162 described in the definitions of bullying and hazing under Section 53A-11a-102 ;
163 (b) the prohibitions described in Part 2, Prohibitions;
164 (c) a description of the action that may be taken, and consequences or penalties that
165 may be imposed, for engaging in prohibited bullying, hazing, or retaliation against a school
166 employee or student for reporting bullying or hazing, which shall include:
167 (i) suspension; or
168 (ii) dissolution of a team, organization, or other group;
169 (d) procedures for protecting:
170 (i) a victim of bullying or hazing from being subjected to further bullying or hazing;
171 and
172 (ii) a school employee or student from retaliation for reporting bullying or hazing;
173 (e) procedures for promptly reporting to law enforcement all acts of bullying, hazing,
174 or retaliation that constitute criminal activity;
175 (f) procedures for promptly investigating and responding to reports of bullying, hazing,
176 or retaliation;
177 (g) procedures allowing for anonymous reporting of bullying, hazing, or retaliation;
178 (h) specification of the persons responsible for taking, investigating, and responding to
179 reports of bullying, hazing, or retaliation;
180 (i) a procedure for referring a victim of bullying or hazing to counseling;

181 (j) involving the parents or guardians of a perpetrator or victim of bullying, hazing, or
182 retaliation in the process of responding to, and resolving, conduct prohibited by this chapter;
183 (k) to the extent permitted by federal and state law, including the federal Family
184 Educational and Privacy Rights Act of 1974, as amended, a procedure informing the parents or
185 guardians of a student who is a victim of bullying or hazing of the actions taken against the
186 perpetrators of the bullying or hazing;
187 (l) procedures and plans for publicizing the policy to school employees, students, and
188 parents and guardians of students; and
189 (m) procedures and plans for training school employees and students in recognizing S. [,] and .S
190 preventing S. [ , and reporting ] .S bullying, hazing, or retaliation.
191 (4) A copy of the policy shall be included in student conduct handbooks and employee
192 handbooks.
193 (5) A policy may not permit formal disciplinary action that is based solely on an
194 anonymous report of bullying, hazing, or retaliation.
195 (6) Nothing in this chapter is intended to infringe upon the right of a school employee
196 or student to exercise their right of free speech.
197 Section S. [ 8 ] 6 .S . S. [ Section 53A-11a-402 ] Section 53A-11a-302 .S is enacted to read:
198 S. [ 53A-11a-402 ] 53A-11a-302 .S . Model policy.
199 On or before September 1, 2008, the State Board of Education shall:
200 (1) develop a model policy on bullying, hazing, and retaliation, consistent with Section
201 S. [ 53A-11a-401 ] 53A-11a-301 .S , in order to assist a school board in adopting a policy under Section
202 S. [ 53A-11a-401 ] 53A-11a-301 .S ; and
203 (2) post the model policy described in Subsection (1) on the State Board of Education's
204 website.
205 Section S. [ 9 ] 7 .S . S. [ Section 53A-11a-501 ] Section 53A-11a-401 .S is enacted to read:
206 Part S. [ 5 ] 4 .S . Miscellaneous
207 S. [ 53A-11a-501 ] 53A-11a-401 .S . Training, education, and prevention.
208 (1) A school board shall include in the training of a school employee, training
209 regarding bullying, hazing, and retaliation.
210 (2) To the extent that state or federal funding is available for this purpose, school
211 boards are encouraged to implement programs or initiatives, in addition to the training

212 described in Subsection (1), to provide for training and education regarding, and the prevention
213 of, bullying, hazing, and retaliation.
214 (3) The programs or initiatives described in Subsection (2) may involve:
215 (a) the establishment of a bullying task force; or
216 (b) the involvement of school employees, students, or law enforcement.
217 Section S. [ 10 ] 8 .S . Section S. [ 53A-11a-502 ] 53A-11a-402 .S is enacted to read:
218 S. [ 53A-11a-502 ] 53A-11a-402 .S . Other forms of legal redress.
219 (1) Nothing in this chapter prohibits a victim of bullying, hazing, or retaliation from
220 seeking legal redress under any other provisions of civil or criminal law.
221 (2) This section does not create or alter tort liability.