Harassment, Intimidation, Bullying & Cyber-Bullying

 

The terms “harassment, intimidation, and bullying” shall mean any intentionally written message or other visual communication, verbal communication or physical act, gesture or omission, including but not limited to one shown to be motivated by race, color, religion, ancestry, national origin, gender, sexual orientation including gender expression or identity, mental or physical disability or other distinguishing characteristics, when engaged in with the intent to, creating a substantial and unjustifiable risk of, creating the threat of, or with the natural end result of:

 

a) Physically, emotionally or mentally harming a student, staff member, volunteer, patron or a member of such person’s immediate family, or damaging the student, staff member, volunteer, or patron’s property or that of the immediate family such persons; or

b) Substantially interfering with a student’s educational experience; or

c) Being so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or

d) Having the effect of substantially disrupting the orderly operation of the school; or

e) Casting a student, staff member, volunteer, patron or member of such person’s immediate family in such light as to subject them to torment, ridicule or shame, regardless of the veracity of the facts upon which the actor has acted; or

f) Constituting a crime pursuant to Federal, State or local laws, statutes or ordinance; or

g) Subjecting any student, staff member, volunteer, or patron to unwanted or illegal pornographic material; or

h) Portraying any student, staff member, volunteer, or patron in a state of nudity, engaging in sexual acts, or in such a state of near nudity as to subject such person to shame and embarrassment; conduct that is “substantially interfering with a student’s education” will be determined by considering a targeted student’s grades, attendance, demeanor, interaction with peers, participation in activities, and other indicators.

 

Conduct that may rise to the level of harassment, intimidation, bullying, and cyber-bullying may take many forms, including, but not limited to: slurs, rumors, jokes, innuendos, demeaning comments, drawings, cartoons, pranks, ostracism, physical attacks or threats, gestures, or acts relating to an individual or group whether electronic, written, oral, or physically transmitted messages or images. There is no requirement that the targeted student actually possess the characteristic that is the basis for the harassment, intimidation, bullying, or cyber-bullying.

 

“Other distinguishing characteristics” can include but are not limited to: physical appearance, clothing or apparel, socioeconomic status, and weight.