Utah Code § 53G-9-601 — Utah Code / Title 53G / Chapter 53G-9 / § 53G-9-601
§ 53G-9-601. Definitions.
Status: in_force

As used in this part: (1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress. (b) A single act does not constitute abusive conduct. (2) "Action plan" means a process to address an incident as described in Section 53G-9-605.5. (3) "Bullying" means student bullying and staff bullying. (4) "Communication" means the conveyance of a message, whether verbal, written, or electronic. (5) "Cyber-bullying" means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication. (6) (a) "Hazing" means a school employee or student intentionally, knowingly, or recklessly committing an act or causing another individual to commit an act toward a school employee or student that: (i) (A) endangers the mental or physical health or safety of a school employee or student; (B) involves any brutality of a physical nature, including whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements; (C) involves consumption of any food, alcoholic product, drug, or other substance or other physical activity that endangers the mental or physical health and safety of a school employee or student; or (D) involves any activity that would subject a school employee or student to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects a school employee or student to extreme embarrassment, shame, or humiliation; and (ii) (A) is committed for the purpose of initiation into, admission into, affiliation with, holding office in, or as a condition for membership in a school or school sponsored team, organization, program, club, or event; or (B) is directed toward a school employee or student whom the individual who commits the act knows, at the time the act is committed, is a member of, or candidate for membership in, a school or school sponsored team, organization, program, club, or event in which the individual who commits the act also participates. (b) The conduct described in Subsection (6)(a) constitutes hazing, regardless of whether the school employee or student against whom the conduct is committed directed, consented to, or acquiesced in, the conduct. (7) "Incident" means an incident of bullying, cyber-bullying, hazing, or retaliation that is prohibited under this part. (8) "LEA governing board" means a local school board or charter school governing board. (9) "Policy" means an LEA governing board policy described in Section 53G-9-605. (10) "Public education suicide prevention coordinator" means the public education suicide prevention coordinator described in Section 53G-9-702. (11) "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 or hazing. (12) "School" means a public elementary or secondary school, including a charter school. (13) "School employee" means an individual working in the individual's official capacity as: (a) a school teacher; (b) a school staff member; (c) a school administrator; or (d) an individual: (i) who is employed, directly or indirectly, by a school, an LEA governing board, or a school district; or (ii) who works on a school campus. (14) (a) "Staff bullying" means a school employee, with the intent to cause harm, repeatedly committing a written, verbal, or physical act against a student or another school employee, or engaging in a single egregious act toward another employee involving an imbalance of power, that: (i) creates an environment that a reasonable person would find hostile, threatening, or humiliating; and (ii) substantially interferes with a student's or employee's educational or professional performance, opportunities, or benefits. (b) "Staff bullying" does not mean instances of: (i) ordinary teasing, horseplay, argument, or peer conflict; (ii) reasonable correction of behavior by a school employee; or (iii) reasonable coaching strategies and techniques by a school employee who is a coach. (15) (a) "Student bullying" means one or more students, with the intent to cause harm, repeatedly committing a written, verbal, or physical act against another student, or engaging in a single egregious act toward another student involving an imbalance of power, that: (i) creates an environment that a reasonable person would find hostile; and (ii) interferes with a student's educational performance, opportunities, or benefits. (b) "Student bullying" does not mean instances of: (i) ordinary teasing, horseplay, argument, or peer conflict; (ii) reasonable correction of behavior by a school employee; or (iii) reasonable coaching strategies and techniques by a school employee who is a coach. (16) "State suicide prevention coordinator" means the state suicide prevention coordinator described in Section 26B-5-611. (17) "State superintendent" means the state superintendent of public instruction appointed under Section 53E-3-301.