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
House Bill 3403
Sponsored by Representative DEVLIN
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 as
introduced.
Requires Superintendent of Public Instruction to develop model
policy prohibiting harassment, intimidation or bullying on school
grounds, at school activities, on school transportation or at
school bus stops. 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 written, verbal
or physical act taking place on or immediately adjacent to school
grounds, at any school-sponsored activity, on school-provided
transportation or at any official school bus stop that a
reasonable person under the circumstances should know will have
the effect of:
(1) Physically harming a student or damaging a student's
property;
(2) Placing a student in reasonable fear of physical harm or
damage to the student's property; or
(3) Insulting or demeaning any student or group of students in
such a way as to disrupt or interfere with the school's
educational mission or the education of any student. + }
SECTION 3. { + (1) Each school district shall adopt a policy
prohibiting harassment, intimidation or bullying. The policy
shall be developed after consultation with parents and guardians,
school employees, volunteers, students, administrators and
community representatives.
(2) Each school district's policy shall include:
(a) A statement prohibiting harassment, intimidation or
bullying;
(b) A definition of harassment, intimidation or bullying;
(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; and
(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.
(3) Notice of the school district's policy shall appear in any
publication of the school district that sets forth the
comprehensive rules, procedures and standards of conduct for the
school and in any student handbook. + }
SECTION 4. { + (1) To assist school districts in developing
policies for the prevention of harassment, intimidation or
bullying, the Superintendent of Public Instruction shall develop
a model policy applicable to kindergarten through grade 12. The
model policy shall be issued no later than July 1, 2002.
(2) 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,
2003. + }
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. { + (1) Schools 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.
(2) Each school district shall provide training on the school
district's harassment, intimidation or bullying policy to
students, school employees and volunteers who have significant
contact with students.
(3) Information regarding the school district's policy against
harassment, intimidation or bullying shall be incorporated into
the school district's employee training program. + }
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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