71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 4044
B-Engrossed
House Bill 3403
Ordered by the Senate May 25
Including House Amendments dated May 14 and Senate Amendments
dated May 25
Sponsored by Representative DEVLIN; Representatives HASS,
MORRISETTE, NELSON, NOLAN
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires each school district to adopt policy against
harassment, intimidation or bullying.
A BILL FOR AN ACT
Relating to students.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds that:
(1) A safe and civil environment is necessary for students to
learn and achieve high academic standards.
(2) Harassment, intimidation or bullying, like other disruptive
or violent behavior, is conduct that disrupts a student's ability
to learn and a school's ability to educate its students in a safe
environment.
(3) Students learn by example. The legislature commends school
administrators, faculty, staff and volunteers for demonstrating
appropriate behavior, treating others with civility and respect
and refusing to tolerate harassment, intimidation or
bullying. + }
SECTION 2. { + As used in sections 1 to 7 of this 2001 Act, '
harassment, intimidation or bullying' means any act that
substantially interferes with a student's educational benefits,
opportunities or performance, that takes place on or immediately
adjacent to school grounds, at any school-sponsored activity, on
school-provided transportation or at any official school bus
stop, and that has the effect of:
(1) Physically harming a student or damaging a student's
property;
(2) Knowingly placing a student in reasonable fear of physical
harm to the student or damage to the student's property; or
(3) Creating a hostile educational environment. + }
SECTION 3. { + (1) Each school district shall adopt a policy
prohibiting harassment, intimidation or bullying. School
districts are encouraged to develop the policy after consultation
with parents and guardians, school employees, volunteers,
students, administrators and community representatives.
(2) School districts are encouraged to include in the policy:
(a) A statement prohibiting harassment, intimidation or
bullying;
(b) A definition of harassment, intimidation or bullying that
is consistent with section 2 of this 2001 Act;
(c) A description of the type of behavior expected from each
student;
(d) A statement of the consequences and appropriate remedial
action for a person who commits an act of harassment,
intimidation or bullying;
(e) A procedure for reporting an act of harassment,
intimidation or bullying, including a provision that permits a
person to report an act of harassment, intimidation or bullying
anonymously. Nothing in this paragraph may be construed to permit
formal disciplinary action solely on the basis of an anonymous
report;
(f) A procedure for prompt investigation of a report of an act
of harassment, intimidation or bullying;
(g) A statement of the manner in which a school district will
respond after an act of harassment, intimidation or bullying is
reported, investigated and confirmed;
(h) A statement of the consequences and appropriate remedial
action for a person found to have committed an act of harassment,
intimidation or bullying;
(i) A statement prohibiting reprisal or retaliation against any
person who reports an act of harassment, intimidation or bullying
and stating the consequences and appropriate remedial action for
a person who engages in such reprisal or retaliation;
(j) A statement of the consequences and appropriate remedial
action for a person found to have falsely accused another of
having committed an act of harassment, intimidation or bullying
as a means of reprisal or retaliation or as a means of
harassment, intimidation or bullying;
(k) A statement of how the policy is to be publicized within
the district, including a notice that the policy applies to
behavior at school-sponsored activities; and
(L) The identification by job title of school officials
responsible for ensuring that policy is implemented. + }
SECTION 4. { + Each school district shall adopt a policy
prohibiting harassment, intimidation or bullying and transmit a
copy of the policy to the Superintendent of Public Instruction by
January 1, 2004. + }
SECTION 5. { + (1) A school employee, student or volunteer may
not engage in reprisal or retaliation against a victim of,
witness to or person with reliable information about an act of
harassment, intimidation or bullying.
(2) A school employee, student or volunteer who witnesses or
has reliable information that a student has been subjected to an
act of harassment, intimidation or bullying is encouraged to
report the act to the appropriate school official designated by
the school district's policy.
(3) A school employee who promptly reports an act of
harassment, intimidation or bullying to the appropriate school
official in compliance with the procedures set forth in the
school district's policy is immune from a cause of action for
damages arising from any failure to remedy the reported act. + }
SECTION 6. { + School districts are encouraged to form
harassment, intimidation or bullying prevention task forces,
programs, and other initiatives involving school employees,
students, administrators, volunteers, parents, guardians, law
enforcement and community representatives. + }
SECTION 7. { + Sections 1 to 7 of this 2001 Act may not be
interpreted to prevent a victim of harassment, intimidation or
bullying from seeking redress under any other available law,
whether civil or criminal. Sections 1 to 7 of this 2001 Act do
not create any statutory cause of action. + }
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