Section R277-613-2 - Definitions(1) "Abusive conduct" means the same as that term is defined in Subsection 53G-9-601(1).(2) "Allegation" means a claim or assertation that someone has engaged in disruptive student behavior but has not been confirmed through a formal process as described in Subsection (5).(3)(a) "Bullying" means the same as that term is defined in Subsection 53G-9-601(2).(b) 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.(4) "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;(c) Section 504 of the Rehabilitation Act of 1973; or(d) Title II of the Americans with Disabilities Act of 1990.(5) "Cyber-bullying" means the same as that term is defined in Subsection 53G-9-601(4).(6) "Disruptive student behavior" means the same as that term is defined in Subsection 53G-8-210(1)(a).(7) "Hazing" means the same as that term is defined in Subsection 53G-9-601(5).(8)(a) "Incident" means a verified incident as defined in Subsection 53G-9-601(7).(b) A single incident may involve: (i) one or more students to whom an incident is directed;(ii) one or more students as causes of the incident; or(iii) a student as both a subject and a cause of the incident.(c) A single incident occurs at the same time and in the same place.(9) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.(10) "Participant" means any student, employee, or volunteer coach participating in a public school sponsored athletic program or activity, including a curricular, co-curricular, or extracurricular club, or activity.(11) "Policy" means standards and procedures that:(a) are required in Section 53G-9-605;(b) include Section 53G-8-202; and(c) provide additional standards, procedures, and training adopted in an open meeting by an LEA board that: (i) define bullying, cyber-bullying, hazing, retaliation, and abusive conduct;(ii) prohibit bullying, cyber-bullying, hazing, retaliation, and abusive conduct;(iii) require regular annual discussion and training designed to prevent bullying, cyber-bullying, hazing, abusive conduct, and retaliation among school employees and students; and(iv) provide for enforcement through employment action or student discipline.(12) "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.(13) "Retaliate" or "retaliation" means the same as that term is defined in Subsection 53G-9-601(11).(14) "School employee" means the same as that term is defined in Subsection 53G-9-601(10).(15) "Trauma-Informed Care" means a strengths-based service delivery approach that is grounded in an understanding of and responsiveness to the impact of trauma, that emphasizes physical, psychological, and emotional safety for both the students subjected to the incident, and the individual who is alleged to have engaged in prohibited conduct, and that creates opportunities for targets to rebuild a sense of control and empowerment.(16) "Verification" means that an alleged incident has been found to be substantiated through a formal investigation process as described in Subsection (5).(17) "Volunteer" means a non-employee with significant, unsupervised access to students in connection with a school assignment.Utah Admin. Code R277-613-2
Adopted by Utah State Bulletin Number 2018-15, effective 7/9/2018Amended by Utah State Bulletin Number 2020-11, effective 5/26/2020Amended by Utah State Bulletin Number 2022-11, effective 5/24/2022Amended by Utah State Bulletin Number 2023-16, effective 8/8/2023Amended by Utah State Bulletin Number 2024-20, effective 10/8/2024