Posts Tagged ‘bullying’

Utah School Harassment Policies

Aug
02
Simms, on the topic of  School
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With summer winding down and the start of a new school year upon many Utah families, we thought it would be appropriate to review what is prohibited as far as Utah school harassment policies are concerned.

Photo: Justin See

Utah Law on Harassment and Bullying

The law states that no student or school employee may engage in harassing or bullying another school employee or student in the following circumstances:

• On school property
• At a school related or sponsored event
• On a school bus
• At a school bus stop or
• While the individual is traveling to or from any of the above-mentioned locations or events

Hazing and Cyber-bullying are Prohibited

Hazing and cyber-bullying by a school employee or student are prohibited under all circumstances. Additionally, if someone makes an accusation of bullying, cyber-bullying, harassment or hazing, he had better be telling the truth and he cannot be retaliated against by another individual. Both retaliation and lying are prohibited.

Someone who is bullied, cyber-bullied, harassed or hazed does have the option of seeking criminal or civil actions under Utah law.

Definitions

Bullying means that someone commits an act, fully aware that such act:

• Endangers the physical health of another person
• Involves physical brutality
• Involves consuming some type of substance
• Physically obstructs a person’s ability to move
• Is done with the intent to engender fear in the person

Cyber-bullying involves some type of device that allows the bully to hurt, threaten or embarrass an individual with reckless disregard.

Harassment includes repeated disparaging or demeaning communications to a person that contribute to a hostile learning or work environment.

Hazing can include the same things as bullying, except that hazing usually occurs in situations where a person is being initiated into a club or group.

If your child has been accused of bullying, cyber-bullying, harassment or hazing, it’s important to immediately contact a Utah juvenile defense attorney. Kids deserve to have someone on their side who can speak for them and protect them from incriminating themselves. Talk to a Utah juvenile defense attorney today.

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Cheerleaders Suspended After Hazing Incident

May
31
Simms, on the topic of  School
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Ogden High School cheerleaders were recently suspended from school following a hazing incident that involved several girls who are joining the cheer squad in the fall.

Photo: Richelle Antipolo

The cheerleaders who were suspended allegedly invited the incoming squad members to a home for a party which turned into an initiation. At some point, the newcomers were blindfolded and taken to a park where they were supposedly sworn at, called names and covered in a variety of condiments and other food items. Some reports state the possibility that urine was also thrown on the blindfolded girls.

The girls who were suspended missed their senior prom, as that day was included in their suspension from school. They were, however, allowed to return to school to take end-of-year tests. The school district’s spokesperson noted that charges could be filed against any of the cheerleaders who were 18 years old, should law enforcement make that choice.

Utah’s public school system has a policy prohibiting hazing, as well as bullying, cyber-bullying, harassment, sexual battery and sexual exposure. That policy also prohibits retaliation against a person who investigates or witnesses an incident that is prohibited. If someone is a victim of bullying, hazing, etc., he has the right to file a civil or criminal complaint.

Hazing has no positive effects on the people being hazed or the ones doing the hazing. If your child has been involved in hazing, bullying or any other crime, you should contact a Utah juvenile defense attorney immediately. Some kids just make mistakes that are simply errors in judgment, and if a court thinks otherwise, you want to have a legal expert who can plead your child’s case on his or her behalf.

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Bullying Amongst Kids

Sep
23
Simms, on the topic of  School, Utah Law
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A 14-year-old from New York committed suicide recently after being bullied online for more than a year. Police have opened an investigation into the suicide to see if criminal charges should be filed. Some students may be charged with harassment, cyber-harassment or hate crimes. No bullying laws currently exist in New York State, so law enforcement would have to determine whether or not aggravated harassment charges would be applicable in this situation.

Photo: Pimkie

Even though this case is being investigated in New York, bullying and harassment are happening across the United States, even in Utah. No one is immune from being bullied, particularly those kids who express different or unusual opinions, especially when related to their sexuality. It seems as though a lot of people, kids and adults alike, think that a computer and an Internet connection give them the right to respond in any way they want, without regard as to how their comments may affect another person.

No one should have to submit to bullying, and certainly not to the extent that a teenager feels his only way out is to take his own life. The National Center for Education Statistics shows that 28% of students between the ages of 12-18 reported being bullied in school during the 2008-2009 school year.

Utah law prohibits bullying, cyber-bullying, harassment, hazing, sexual battery and sexual exposure. No school employee or student may engage in bullying or harassing a school employee or student:

* on school property;
* at a school related or sponsored event;
* on a school bus;
* at a school bus stop; or
* while the school employee or student is traveling to or from one of the above locations or events.
* No school employee or student may engage in hazing or cyber-bullying a school employee or student at any time or in any location.

If your child is a victim of any type of bullying, you should contact the authorities and an attorney, not to mention possibly a counselor. On the other hand, if you are aware that your child is engaging in bullying, it would be prudent to do your best to get him or her to stop such destructive behavior. Keep in mind that you don’t have to agree with the choices someone makes. You do, however, have a responsibility to not disregard the law.

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