Utah Admin. Code R277-613-5 - Reporting and Incident Investigations of Allegations of Bullying, Cyber-bullying, Hazing, Retaliation and Abusive Conduct
(1) In accordance with an action plan adopted
in accordance with Subsection
R277-613-4(1)(c),
an LEA shall:
(a) investigate allegations of
incidents of bullying, cyber-bullying, hazing, retaliation, and abusive conduct
in accordance with this section;
(b) provide an individual who investigates
allegations of incidents of bullying, cyber-bullying, hazing, retaliation, and
abusive conduct with adequate training on conducting an
investigation;
(c) designate at
least one individual at the LEA level who:
(i)
can provide training to an individual described in Subsection (1)(b);
(ii) oversees the implementation
of the action plan;
(iii) monitors
the implementation of the LEA policy regarding communication plans;
(iv) acts as the LEA liaison to the state
board regarding bullying, cyber-bullying, hazing, abusive conduct, and
retaliation; and
(v) assists with
school case-specific needs; and
(d) identify an LEA employee to be the point
person with training and expertise to assist, direct, and supervise training of
other employees in the responsibilities established in Subsections
R277-613-5(1)(a) and
(b).
(2)
(a) An
LEA shall investigate allegations of incidents described in Subsection (1)(a)
by interviewing:
(i) the students individual
subjected to the incident;
(ii) the
individual who is alleged to have engaged in prohibited conduct;
(iii) parents of the students subjected to
the incident and the individual who is alleged to have engaged in prohibited
conduct;
(iv) any
witnesses;
(v) school staff
familiar with the student subjected to the incident;
(vi) school staff familiar with the
individual who is alleged to have engaged in prohibited conduct; or
(vii) other individuals who may provide
additional relevant information.
(c) An individual who investigates an
allegation of an incident shall inform an individual being interviewed that:
(i) to the extent allowed by law, the
individual shall keep all details of the interview confidential; and
(ii) further reports of bullying will become
part of the review.
(3) The confidentiality requirement in
Subsection (2)(c) does not apply to:
(a)
conversations with law enforcement professionals;
(b) requests for information pursuant to a
warrant or subpoena;
(c) a state or
federal reporting requirement; or
(d) other reporting required by this
rule.
(4) In conducting
an investigation under this section, an LEA may:
(a) review disciplinary reports of involved
students; and
(b) review physical
evidence, consistent with search and seizure law in schools, which may include:
(i) video or audio;
(ii) notes;
(iii) email;
(iv) text messages;
(v) social media; or
(vi) graffiti.
(5) An LEA shall adopt a policy outlining
under what circumstances the LEA will report incidents of bullying,
cyber-bullying, harassment, and retaliation to law enforcement.
(6) An LEA shall adopt a policy outlining
under what circumstances the LEA will investigate and report incidents of
bullying, cyber-bullying, retaliation, and abusive conduct, as civil rights
violations.
(7) Following a
verified incident of bullying, cyber-bullying, hazing, retaliation, or abusive
conduct, an LEA shall create and implement an action plan for each incident in
accordance with Section
53G-9-605.5 and Subsection
(6).
(8) Following a verified
incident of bullying, cyber-bullying, hazing, retaliation, or abusive conduct,
if appropriate, an LEA may:
(a) in accordance
with the requirements in Subsection (6), take positive restorative justice
practice action, in accordance with policies established by the LEA;
and
(b) provide supportive services
designed to preserve the student's access to educational opportunities and a
sense of safety; or
(c) develop a
communication process.
(9)
(a) A
student to whom an incident is directed, is not required to participate in a
restorative justice practice as described in Subsection (7)(a) with an
individual who is alleged to have engaged in prohibited conduct.
(b) If an LEA would like a student to
participate in a restorative justice practice, the LEA shall notify the
student's parent of the restorative justice practice and obtain consent from
the student's parent before including the student in the process.
(10) A grievance process required
under Subsection
53G-9-605(3)(f)
shall be consistent with the LEA's established grievance process.
(11) An LEA shall follow up with the parents
of all parties to:
(a) inform parents when an
investigation is concluded;
(b)
inform parents what safety measures will be in place for their child, as
determined by the investigation;
(c) provide 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
(d) inform parents of appeal options, if
available, if the parents disagree with resolution of the
investigation.
(12) An
LEA shall, as required by Subsection
53G-9-606(2),
report the following annually, on or before June 30, to the Superintendent in
accordance with the Superintendent's submission requirements:
(a) a copy of the LEA's policy required in
Section R277-613-4;
(b) implementation of the signed statement
requirement described in Subsection
53G-9-605(3)(h);
(c) verification of the LEA's training of
school employees relating to bullying, cyber-bullying, hazing, retaliation, and
abusive conduct described in Section
53G-9-607;
(d) report verified incidents of bullying,
cyber-bullying, hazing, and retaliation; and
(e) the number and type of incidents
described in Subsection (11)(d) that include a student or LEA employee who was
alleged bullied, cyber-bullied, hazed, or retaliated against based on the
student's or LEA employee's actual or perceived characteristics, including
disability, race, national origin, religion, sex, gender identity, or sexual
orientation, including the federal reporting requirements for civil rights
violations.
(13) The
requirements of this rule are in addition to any federal requirements,
including reporting civil rights violations to the appropriate entities and
taking other appropriate action.
Notes
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