1. PURPOSE AND PHILOSOPHY
   Weber School District is committed to creating a safe and secure environment for students, employees, parents, and community members.  Bullying, cyber-bullying, hazing, retaliation,  significantly impacts a student’s ability to achieve academically and reduces an employee’s ability to perform their job responsibilities.  In addition, bullying, cyber-bullying, hazing, retaliation, and abusive conduct can have a direct effect on a student’s and/or employee’s health, and well-being and may contribute to excessive absences, physical illness, mental and emotional anguish, and long-term social and psychological consequences.  Weber School District encourages all members of the school community—students, employees, and parents—to work together to address problems of bullying, cyber-bullying, hazing,  retaliation, and abusive conduct by adhering to the following policy and procedures for reporting and training.
   
   
2. POLICY
   Weber School District prohibits students and employees from bullying, cyber-bullying, hazing, retaliation, and/or abusive conduct towards other students and/or employees on school property, at school-related events, on school busses or bus stops, or while traveling to or from school, school events, or bus stops, and any location where the above mentioned acts create a substantial and material disruption at school.  Additionally, the District encourages all targets of bullying, cyber-bullying, hazing, retaliation, and/or abusive conduct and all persons with knowledge of these aforementioned acts to report the incident(s) immediately.  This policy defines the prohibited conduct listed above and outlines the process of investigation, disciplinary action, and notice to the appropriate parties.
   
   
3. DEFINITIONS
   1. “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.
      1. 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:
      1. causing physical or emotional harm to the school employee or student;
      2. causing damage to the school employee's or student's property;
      3. placing the school employee or student in reasonable fear of:
         1. harm to the physical or emotional well-being of the employee/student; or
         2. damage to the employee's or student's property.
      4. creating a hostile, threatening, humiliating, or abusive educational environment due to:
         1. the pervasiveness, persistence, or severity of the actions; or
         2. a power differential between the bully and the target; or
      5. substantially interfering with a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits.
      6. Bullying includes statements, verbal or written, suggesting to a student that the student should commit suicide.  (For example, but not limited to: “You should kill yourself,” “No one wants you alive”, etc.)
      7. Bullying includes verbal, physical, and sexual harassment if the harassment meets the definitions for Bullying above.
      8. “Bullying” does not include:
         1. a single incident, unless the incident is objectively severe; or
         2. mutual or reciprocating behaviors between students that might otherwise constitute bullying if one student was clearly the aggressor.
   3. “Civil Rights Violation” means bullying, cyber-bullying, or hazing that is targeted at a student or employee for that student’s or employee’s identification as part of  any group protected from discrimination under the following federal laws:
      1. Title VI of the Civil Rights Act of 1964, including discrimination on the basis of race, color, or national origin;
      2. Title IX of the Education Amendments of 1972, including discrimination on the basis of sex; or
      3. Section 504 of the Rehabilitation Act of 1973
      4. Title II of the Americans with Disabilities Act of 1990, including discrimination on the basis of disability.
      5. Any violation under this section is also considered Discriminatory Harassment under Policy 4120.
   4. “Cyberbullying” 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 access the electronic communication.
      1. Cyber-bullying includes:
         1. the dissemination of nude, semi-nude or sexually explicit images of a student without the student’s consent;
         2. the solicitation of nude, semi-nude or sexually explicit images of a student when the solicitation is accompanied by threats or blackmail;
         3. This type of cyber-bullying may implicate Title IX’s prohibition of sexual harassment if the conduct is sufficiently pervasive, persistent, or severe.  Administrators must mark the OCR indicator in “MyStudent” and coordinate with the District’s Title IX Coordinators when investigating cyber-bullying described in D.1.i. and D.1.ii. above. 
      2. Cyber-bullying may also include statements described in B.6.. if the statements are made electronically.
   5. “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:
      1. endangers the mental or physical health or safety of a school employee or student;
      2. involves any brutality of a physical nature, including, but not limited to, whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
      3. 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
      4. 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
      5. 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 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.
      6. The conduct described herein 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. “Incident” means an incident of bullying, cyber-bullying, hazing, or retaliation that is prohibited under this part
   7. “Restorative justice practice”  means a discipline practice that brings together students, school personnel, families, and community members to resolve conflicts, address disruptive behaviors, promote positive relationships, and healing.
   8. “Retaliate” means an act or communication intended as retribution against a person for reporting bullying, cyber-bullying, hazing, retaliation, and/or abusive conduct; or to improperly influence the investigation of, or response to, a report of bullying, cyber-bullying, hazing, retaliation, and/or abusive conduct.
   9. "School employee" means an individual working in the individual's official capacity as:
      1. a school teacher;
      2. a school staff member;
      3. a building administrator; or
      4. an individual who is employed, directly or indirectly, by a school, school board, or school district and who works on a school campus.
   10. “Complainant” means a person who complains of Bullying or retaliation.  The complainant is usually, but does not have to be, the target of the Bullying or retaliation.  Whenever the complainant is not the target of the Bullying or retaliation, the person who is allegedly bullied will be referred to as the “target” to distinguish from “complainant”.  Where only the term “complainant” is used, it can be assumed that the complainant is also the target of the Bullying.
   11. “Volunteer” means a person working under the direct supervision of a licensed educator.
   12. “Respondent” means a person against whom the complainant has made a complaint of Bullying or retaliation.
       
       
4. PROHIBITED CONDUCT
   1. Weber School District prohibits students and employees from bullying, cyber-bullying and hazing another student or employee at any time or in any location where the bullying, cyber-bullying or hazing creates a substantial and material disruption at school, or it is reasonably foreseeable that the bullying, cyber-bullying or hazing will create a substantial and material disruption at school. 
   2. Weber School District prohibits students and employees from retaliating against another student or employee who reports, investigates, or participates as a witness to a bullying, hazing, or cyber-bullying incident.  All targets of retaliation are encouraged to report the incident(s) immediately. 
   3. Weber School District prohibits false allegations of bullying, cyber-bullying, hazing, or retaliation.
   4. Weber School District prohibits students from sharing (sending to other recipients, posting online, or allowing others to view on their recording/electronic device) a recording which demonstrates an act of bullying, cyber-bullying, hazing, and retaliation.
      
      
5. CIVIL RIGHTS
   1. In the event that the bullying, cyber-bullying, hazing, and/or retaliation incident is also a civil rights violation, it will be investigated by the building administrator in consultation with the appropriate District administrator(s) to determine if the student who is the complainant is also a target of discriminatory harassment.
   2. If an investigation reveals that bullying, cyber-bullying, hazing, and/or retaliation (including sexual harassment) is based on membership in a protected class, the building administrator will take prompt and effective steps reasonably calculated to end the bullying or harassment, eliminate any hostile environment and its effects, and work to prevent the bullying or harassment from recurring.
      1. Prompt and effective steps may include suspension, culturally responsive training (for staff and/or students), and/or restorative justice practices when appropriate and with parental consent.
      2. Administrators will document the bullying as a civil rights concern in the student information system if a civil rights violation is implicated.
   3. Administrators will take these steps outlined in VI.B. regardless of whether a student has complained about discrimination, asked the school to take action, or identified the bullying, cyber-bullying, hazing, and/or retaliation as a form of discrimination.
   4. Students, employees, and volunteers will receive training on recognizing civil rights violations. 
      
      
6. REPORTS AND INVESTIGATIONS
   1. Reporting
      1. Every school shall designate an administrator responsible for overseeing the investigation of bullying and retaliation.  This person shall be known as the Bullying Investigator. In Elementary School, the administrator shall be the Bullying Investigator.
      2. A student who feels they have been a target of bullying or retaliation is encouraged to inform their teacher or any of their building administrators. 
      3. An employee who feels they have been a target of bullying, retaliation, or abusive conduct is encouraged to inform their supervisor.
      4. An employee who feels they have been the target of abusive conduct will follow the grievance procedures set forth in the respective negotiated agreements for classified and certified employees. 
      5. A school teacher, parent, or other individual who is aware that a student may be subject to bullying, cyber-bullying, hazing, or retaliation, at school should inform building administrators.
      6. A report of bullying, cyber-bullying, hazing, and/or retaliation must include the name of the person accused of the aforementioned acts, a description of the bullying, cyber-bullying, hazing, and/or retaliation incident or incidents, and an approximate date, time, and location of the bullying, cyber-bullying, hazing, and/or retaliation.
      7. A school teacher or administrator to whom a complaint is made will, as soon as is reasonably possible after receiving the complaint, report it to the Bullying Investigator.  If the complaint involves a civil rights violation, the appropriate District administrator will also be notified.
      8. An anonymous report of bullying, cyber-bullying, hazing, and/or retaliation may be filed but may limit the investigation the District can conduct and will not result in formal disciplinary action against anyone.
      9. Allegations of past bullying, cyber-bullying, hazing, and/or retaliation will be investigated to the extent that information and witnesses are still available to investigate.
      10. All acts of bullying, cyber-bullying, hazing, and retaliation that constitute criminal activity will be promptly reported to law enforcement. This includes cyber-bullying involving the dissemination or solicitation accompanied by threat or blackmail of nude, semi-nude or sexually explicit images of a student. 
   2. Investigation
      1. Bullying Investigators will receive annual training on conducting investigations of bullying, cyber-bullying, hazing, and/or retaliation.
      2. The Bullying Investigator or their designee shall promptly investigate the complaint by interviewing at least the complainant and the respondent in the bullying, cyber-bullying, hazing, and/or retaliation.  The person alleged to have engaged in the aforementioned acts shall be informed of the allegation and given an opportunity to respond.  In the event, students are old enough and mentally able, written statements should be taken.   
      3. The Bullying Investigator or their designee may also interview parents of either the complainant or the individual alleged to have engaged in the bullying, cyber-bullying, hazing, and/or retaliation; any witnesses; school staff; and other individuals who may provide additional information.  Written statements from students or school staff should be taken.
      4. Interviewees shall be informed that to the extent allowed by law, the interviewee’s identity will be kept confidential.
         1. to the extent allowed by law, the interviewee shall keep all details of the interview confidential; and
         2. further reports of bullying, cyber-bullying, hazing, retaliation, and/or abusive conduct will become part of the review.
      5. The confidentiality requirement in sections 4.i. and 4. ii. does not apply to conversations with law enforcement; requests for information pursuant to a warrant and/or subpoena; a state or federal reporting requirement; or other reporting requirement by this rule.
      6. The investigation may include a review of disciplinary reports of involved students and, subject to compliance with the Fourth Amendment, a review of physical evidence, which may include video or audio, notes, email, text message, social media, or graffiti. 
      7. The Bullying Investigator or their designee may implement interim measures during the investigation if the Bullying Investigator believes the complainant is in danger of continued bullying, cyber-bullying, hazing, and/or retaliation, during the course of the investigation. 
      8. If the Bullying Investigator and/or their designee determines that bullying, cyber-bullying, hazing, and/or retaliation has occurred, appropriate disciplinary action will be taken against the person engaged in the aforementioned acts.  As with bullying, cyber-bullying, hazing, and/or retaliation that is also a civil rights violation, administrators shall take prompt action to end the bullying, cyber-bullying, hazing, retaliation, and/or abusive conduct and address its effect.  This may include, but is not limited to:
         1. Separating the Complainant from the person engaged in bullying, cyber-bullying, hazing, and/or retaliation;
         2. Provide training individually to the student(s) engaged in bullying, cyber-bullying, hazing, retaliation, and/or abusive conduct, or to an entire class or an entire school on the effects of bullying, cyber-bullying, hazing, and/or retaliation;
         3. Provide counseling, a safety plan, or other wrap-around supports for the target of the bullying, cyber-bullying, hazing, and/or retaliation;
         4. Provide training for staff on recognizing and addressing bullying, cyber-bullying, hazing, and/or retaliation throughout the school; and
         5. Restorative justice practices, where appropriate and with the consent of the Complainant’s parent.
      9. The Bullying Investigator shall follow up with parents of all parties to implement an action plan, including at a minimum:
         1. informing parents when an investigation is concluded;
         2. informing parents of the complainant what safety measures will be in place for their child, as determined by the investigation;
         3. providing access to other resources the parent of complainant requests for the student
         4. providing additional information about the investigation or the resolution consistent with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g; and
         5. informing parents of respondent of appeal options for the consequences in accordance with section X below.
         6. providing to respondent any needed resources related to the underlying cause of the incident.
      10. A written report will be prepared in response to all written complaints of bullying, cyber-bullying, hazing, and/or retaliation and all reports of the aforementioned acts that implicate a civil rights violation.  Bullying complaints that are not submitted in writing or do not implicate a civil rights violation will still be investigated but a written report will not be prepared.  Persons who make complaints shall be informed of this provision.
          1. A copy of the report will be provided to the complainant, the person engaged in bullying, cyber-bullying, hazing, and/or retaliation and a copy should be kept at the school.  If the bullying, cyber-bullying, hazing, and/or retaliation also implicates a civil rights violation, a copy will be sent to the appropriate District administrator, as well. 
          2. The report shall include the following provisions:
             1. The date of the report of bullying, cyber-bullying, hazing, and/or retaliation;
             2. Name of the complainant or target of bullying, cyber-bullying, hazing, and/or retaliation;
             3. Name of the person alleged to have engaged in bullying, cyber-bullying, hazing, and/or retaliation;
             4. The date(s) of the bullying, cyber-bullying, hazing, and/or retaliation incident(s);
             5. A description of the bullying, cyber-bullying, hazing, and/or retaliation incident, as provided by the complainant;
             6. Subject to 5.2.8.3 below, a summary of the investigation; including
                1. summaries of witness interviews, and a list of documents,
                2. other evidence reviewed (e.g., security camera footage, disciplinary tags) with a description of what is contained therein.
             7. Findings and conclusions with regard to whether bullying, cyber-bullying, hazing, and/or retaliation occurred; and
             8. If the report concludes that bullying did occur:
                1. A safety plan that serves to protect the student from future bullying, cyber-bullying, hazing, or retaliation, and
                2. Recommendations for prompt and effective steps to end the bullying, cyber-bullying, hazing, and/or retaliation.
          3. The report shall not include names or other identifiable information of student witnesses. 
          4. The report shall not include information about disciplinary action taken against the student who was found to have engaged in bullying, except information that the student found to have engaged in bullying, cyber-bullying, hazing, and/or retaliation is prohibited from contacting or being near the complainant. 
   3. In certain circumstances deemed appropriate by District administrators, an outside investigation may be conducted following the investigation by the Bullying Investigator at the school.
      
      
7. DISCIPLINE
   1. Student Discipline
      1. A student who is found to have engaged in bullying, cyber-bullying, hazing, and/or retaliation as described herein is in violation of this policy and of Weber School District Policy 5200, and is subject to discipline in accordance with Policy 5200.
      2. A student who is found to have shared a recording of an act of bullying, cyber-bullying, hazing, and/or retaliation in order to impact or encourage future incidents is in violation of this policy and of Weber School District Policy 5200, and is subject to discipline in order to impact or discourage future incidents.
      3. In accordance with Policy 5200, restorative justice practices may be utilized as a method of appropriate discipline.
         1. A complainant is not required to participate in a restorative justice practice with the individual alleged to have engaged in the bullying, cyber-bullying, hazing, and/or retaliation.
         2. If the District/administrator would like the complainant to participate in restorative justice practice, the administrator must obtain signed parental consent.
      4. Formal disciplinary action may not be based solely on an anonymous report of bullying, cyber-bullying, hazing, and/or retaliation; rather an investigation must always take place before formal disciplinary action is imposed. 
      5. Disciplinary action taken against a student alleged to have engaged in bullying, cyber-bullying, hazing,and/or retaliation is considered part of that student’s education record and is confidential under the Family Education Rights to Privacy Act (FERPA), unless, discipline includes separating the student alleged to have engaged in bullying, cyber-bullying, hazing, and/or retaliation from the complainant, in which case the complainant may be informed of this specific disciplinary provision.
      6. Disciplinary due process procedures, as set forth in Policy 5200, will be implemented prior to imposing discipline.
   2. Employee Discipline
      1. Any employee who is found to have engaged in bullying, cyber-bullying, hazing, retaliation, and/or abusive conduct is in violation of this policy and shall be subject to disciplinary action, up to and including termination, in accordance with Weber School District Policy 7900.
      2. Professionally licensed employees may be referred to the Utah Professional Practices Advisory Commission (UPPAC), along with any and all evidence, for investigation and possible disciplinary action against professional licensing.
      3. Illegal acts will also result in referral to law enforcement authorities.
      4. Disciplinary due process procedures will be followed prior to imposing discipline.
         
         
8. TRAINING
   1. Weber School District will provide Bullying Training to students, employees, coaches, and volunteers from individuals qualified to provide such training and who are assigned supervisory responsibilities over the groups mentioned above. 
      1. Bullying Investigators will receive annual training on conducting investigations of bullying, cyber-bullying, hazing, retaliation, and abusive conduct.
      2. New school employees, coaches, and volunteers will be trained prior to working. 
      3. All school employees, coaches, and volunteers will be trained every three years.
      4. Prior to any student, employee, or volunteer coach participating in a public school sponsored athletic program, both curricular and extracurricular, or extracurricular club or activity, the student, employee, or coach shall participate in bullying, cyber-bullying, hazing, retaliation, and abusive conduct prevention training.
   2. The training shall include information on various types of aggression and bullying, including:
      1. overt aggression that may include physical fighting such as punching, shoving, kicking, and verbal threatening behavior, such as name-calling, or both physical and verbal aggression or threatening behavior;
      2. relational aggression or indirect, covert, or social aggression, including rumor spreading, intimidating, enlisting a friend to assault a child and social isolation;
      3. sexual aggression or acts of a sexual nature or with sexual overtones;
      4. cyber-bullying, including the use of email, web pages, text messages, instant messages, social media, three-way calling or messaging, or any other electronic means for aggression inside or outside of school;
      5. how bullying, cyber-bullying, hazing, and retaliation may be a civil rights violation.
      6. how bullying, cyber-bullying, hazing, retaliation, and abusive conduct are different from discrimination and may occur separately from each other or in combination.
      7. how bullying, cyber-bullying, hazing, retaliation, and abusive conduct are prohibited based upon the students' or employees' actual or perceived characteristics, including race, color, national origin, sex, disability, religion, gender identity, sexual orientation, or other physical or mental attributes or conformance or failure to conform with stereotypes; and
      8. the right of free speech and how it differs for students, employees, and parents.
   3. The training will include information about when violations of this policy may lead to student or employee discipline.
      
      
9. PARENT NOTIFICATION
   1. Administrators shall notify parents of a student’s threat to commit suicide and an incident of bullying (including bullying, cyber-bullying, hazing,  and/or retaliation). 
   2. Notification will be made via email, telephone call, or certified mail in a timely manner, but no later than the end of the school day.
   3. Allegations of bullying that on their face do not meet the definition of bullying in this policy will be documented by buidling administrators and teachers but school personnel need not notify parents. Parents will be notified of all incidents, following an investigation and a finding that bullying occurred
   4. Notification will be documented in  Weber School District’s student information system. 
      
      
10. APPEAL
    1. Appeals may be made by following the process for appeals as outlined in policy 5200.
       
       
11. POLICY DISSEMINATION
    1. This policy may be posted on the Weber School District's website and published in student registration materials, student and employee handbooks, parent information guides, and other appropriate school publications as directed by the District.
    2. Each school employee, student 8 years or older, and parents must acknowledge through signature receipt of this policy.

Approved 9/04/2024