Current through Bulletin 2024-06, March 15, 2024
(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;
and
(c) 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 alleged
victim;
(ii) the individual who is
alleged to have engaged in prohibited conduct;
(iii) parents of the alleged victim and the
individual who is alleged to have engaged in prohibited conduct;
(iv) any witnesses;
(v) school staff familiar with the alleged
victim;
(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 an
investigation of a confirmed allegation of an 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) support involved students through
trauma-informed practices, if appropriate.
(8)
(a) An
alleged victim 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.
(9) A grievance process required under
Subsection
53G-9-605(3)(f)
shall be consistent with the LEA's established grievance process.
(10) 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.
(11) 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) verified and alleged incidents of
bullying, cyber-bullying, hazing, retaliation, and abusive conduct;
(e) the number and type of incidents
described in Subsection (11)(d) required to be reported separately under
federal law, including the reporting requirements in:
(i) Title VI of the Civil Rights Act of
1964;
(ii) Title IX of the
Education Amendments of 1972;
(iii)
Section 504 of the Rehabilitation Act of 1973; and
(iv) Title II of the Americans with
Disabilities Act of 1990; and
(f) the number and type of incidents
described in Subsection (11)(d) that include a student or LEA employee who was
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.
(12) 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.
