53A-11a-301.   Bullying and hazing policy.
     (1) On or before September 1, 2009, each school board shall adopt a bullying or hazing policy.
     (2) The policy shall:
     (a) be developed only with input from:
     (i) students;
     (ii) parents;
     (iii) teachers;
     (iv) school administrators;
     (v) school staff; or
     (vi) local law enforcement agencies;
     (b) be implemented in an ongoing, consistent, and nondiscriminatory manner;
     (c) be integrated with existing school discipline policies and violence prevention efforts; and
     (d) provide protection to a student, regardless of the student's legal status.
     (3) The policy shall include the following components:
     (a) definitions of bullying and hazing that, at a minimum, include the conduct described in the definitions of bullying and hazing under Section 53A-11a-102;
     (b) the prohibitions described in Part 2, Prohibitions;
     (c) a description of the action that may be taken, and consequences or penalties that may be imposed, for engaging in prohibited bullying, hazing, or retaliation against a school employee or student for reporting bullying or hazing, which shall include:
     (i) suspension; or
     (ii) dissolution of a team, organization, or other group;
     (d) procedures for protecting:
     (i) a victim of bullying or hazing from being subjected to further bullying or hazing; and
     (ii) a school employee or student from retaliation for reporting bullying or hazing;
     (e) procedures for promptly reporting to law enforcement all acts of bullying, hazing, or retaliation that constitute criminal activity;
     (f) procedures for promptly investigating and responding to reports of bullying, hazing, or retaliation;
     (g) procedures allowing for anonymous reporting of bullying, hazing, or retaliation;
     (h) specification of the persons responsible for taking, investigating, and responding to reports of bullying, hazing, or retaliation;
     (i) a procedure for referring a victim of bullying or hazing to counseling;
     (j) involving the parents or guardians of a perpetrator or victim of bullying, hazing, or retaliation in the process of responding to, and resolving, conduct prohibited by this chapter;
     (k) to the extent permitted by federal and state law, including the federal Family Educational and Privacy Rights Act of 1974, as amended, a procedure informing the parents or guardians of a student who is a victim of bullying or hazing of the actions taken against the perpetrators of the bullying or hazing;
     (l) procedures and plans for publicizing the policy to school employees, students, and parents and guardians of students; and
     (m) procedures and plans for training school employees and students in recognizing and preventing bullying, hazing, or retaliation.

     (4) A copy of the policy shall be included in student conduct handbooks and employee handbooks.
     (5) A policy may not permit formal disciplinary action that is based solely on an anonymous report of bullying, hazing, or retaliation.
     (6) Nothing in this chapter is intended to infringe upon the right of a school employee or student to exercise their right of free speech.

Enacted by Chapter 197, 2008 General Session
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Last revised: Thursday, May 28, 2009