53A-11a-102 - Definitions.
53A-11a-102. Definitions.
As used in this part:
(1) (a) "Bullying" means intentionally or knowingly committing an act that:
(i) (A) endangers the physical health or safety of a school employee or student;
(B) involves any brutality of a physical nature such as whipping, beating, branding,calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposureto the elements;
(C) involves consumption of any food, liquor, drug, or other substance;
(D) involves other physical activity that endangers the physical health and safety of aschool employee or student; or
(E) involves physically obstructing a school employee's or student's freedom to move;and
(ii) is done for the purpose of placing a school employee or student in fear of:
(A) physical harm to the school employee or student; or
(B) harm to property of the school employee or student.
(b) The conduct described in Subsection (1)(a) constitutes bullying, regardless ofwhether the person against whom the conduct is committed directed, consented to, or acquiescedin, the conduct.
(2) (a) "Hazing" means intentionally or knowingly committing an act that:
(i) (A) endangers the physical health or safety of a school employee or student;
(B) involves any brutality of a physical nature such as whipping, beating, branding,calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposureto the elements;
(C) involves consumption of any food, liquor, drug, or other substance;
(D) involves other physical activity that endangers the physical health and safety of aschool employee or student; or
(E) involves physically obstructing a school employee's or student's freedom to move;and
(ii) (A) is done for the purpose of initiation or admission into, affiliation with, holdingoffice in, or as a condition for, membership or acceptance, or continued membership oracceptance, in any school or school sponsored team, organization, program, or event; or
(B) if the person committing the act against a school employee or student knew that theschool employee or student is a member of, or candidate for, membership with a school, orschool sponsored team, organization, program, or event to which the person committing the actbelongs to or participates in.
(b) The conduct described in Subsection (2)(a) constitutes hazing, regardless of whetherthe person against whom the conduct is committed directed, consented to, or acquiesced in, theconduct.
(3) "Policy" means a bullying and hazing policy described in Section 53A-11a-301.
(4) "Retaliate" means an act or communication intended:
(a) as retribution against a person for reporting bullying or hazing; or
(b) to improperly influence the investigation of, or the response to, a report of bullying orhazing.
(5) "School" means any public elementary or secondary school or charter school.
(6) "School board" means:
(a) a local school board; or
(b) a local charter board.
(7) "School employee" means:
(a) school teachers;
(b) school staff;
(c) school administrators; and
(d) all others employed, directly or indirectly, by the school, school board, or schooldistrict.
Enacted by Chapter 197, 2008 General Session