§ 16-21-30 - Dating violence policy.

SECTION 16-21-30

   § 16-21-30  Dating violence policy. –(a) As used in this section:

   (1) "Dating violence" means a pattern of behavior where oneperson uses threats of, or actually uses, physical, sexual, verbal or emotionalabuse to control his or her dating partner.

   (2) "Dating partner" means any person, regardless of gender,involved in an intimate relationship with another primarily characterized bythe expectation of affectionate involvement whether casual, serious orlong-term.

   (3) "At school" means in a classroom, on or immediatelyadjacent to school premises, on a school bus or other school-related vehicle,at an official school bus stop, or at any school-sponsored activity or eventwhether or not it is on school grounds.

   (b) The department of education shall develop a model datingviolence policy to assist school districts in developing policies for datingviolence reporting and response. The model policy shall be issued on or beforeApril 1, 2008.

   (c) Each school district shall establish a specific policy toaddress incidents of dating violence involving students at school by December1, 2008. Each school district shall verify compliance with the department ofeducation on an annual basis through the annual school health report.

   (1) Such policy shall include, but not be limited to, astatement that dating violence will not be tolerated, dating violence reportingprocedures, guidelines to responding to at school incidents of dating violenceand discipline procedures specific to such incidents.

   (2) To ensure notice of the school district's dating violencepolicy, the policy shall be published in any school district policy andhandbook that sets forth the comprehensive rules, procedures and standards ofconduct for students at school.

   (d) Each school district shall provide dating violencetraining to all administrators, teachers, nurses and mental health staff at themiddle and high school levels. Upon the recommendation of the administrator,other staff may be included or may attend the training on a volunteer basis.The dating violence training shall include, but not be limited to, basicprinciples of dating violence, warnings signs of dating violence and the schooldistrict's dating violence policy, to ensure that they are able toappropriately respond to incidents of dating violence at school. Thereafter,this training shall be provided yearly to all newly hired staff deemedappropriate to receive the training by the school's administration.

   (e) Each school district shall inform the students' parentsor legal guardians of the school district's dating violence policy. Ifrequested, the school district shall provide the parents or legal guardianswith the school district's dating violence policy and relevant information. Itis strongly recommended that the school district provide parent awarenesstraining.

   (f) This section does not prevent a victim from seekingredress under any other available law, either civil or criminal. This sectiondoes not create or alter any tort liability.