Same: Policy Against Bullying

(a)As used in this Section:

(1)“At school” means in a classroom, elsewhere on or within school fences or at a schoolsponsored activity or event whether or not it is held on school premises.

(2)“Harassment, intimidation, or bullying” means any gesture or written, verbal, or physical act that a reasonable person under the circumstances should know will have the effect of harming a pupil or damaging his or her property or placing a pupil in reasonable fear of harm to his or her person or damage to his or her property, or that has the effect of insulting or demeaning any pupil or group of pupils in such a way as to disrupt or interfere with the school’s educational mission or the education of any pupil. “Harassment, intimidation, or bullying” includes, but is not limited to, such a gesture or written, verbal, or physical act that is reasonably perceived as being motivated by a pupil’s religion, race, color, national origin, age, sex, sexual orientation, disability, height, weight, or socioeconomic status, or by any other distinguishing characteristic.

(3)“Cyberbullying” means the use of any electronic communication device to harass, intimidate or bully as defined in the above Subsection (2).

(b)The Guam Education Board (Board) shall adopt a policy prohibiting “harassment, intimidation, or bullying” and “cyberbullying” at school. The content of the policy shall be determined by the Board but shall contain at least the components in Subsection (c). The policy shall be adopted through a process that includes representation of parents or guardians, pupils, teachers, staff, administrators, volunteers, and community representatives.

(c)The policy shall include at least each of the following components:

(1)A statement prohibiting “harassment, intimidation, or bullying” and “cyberbullying” of a pupil.

(2)A definition of “harassment, intimidation, or bullying” and “cyberbullying” that includes at least the acts described in the definition in this Section.

(3)A description of the type of behavior expected from each pupil.

(4)Consequences and appropriate remedial action for a person who commits an act of “harassment, intimidation, or bullying” and “cyberbullying”.

(5)A procedure for reporting an act of “harassment, intimidation, or bullying” and “cyberbullying”, including a provision that permits a person to report an act of “harassment, intimidation, or bullying” and “cyberbullying” anonymously. However, this Subsection shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.

(6)A procedure for prompt investigation of reports of violations and complaints, identifying either the principal or the principal’s designee as the person responsible for the investigation. CH. 3 DEPARTMENT OF EDUCATION

(7)The range of ways in which a school will respond once an incident of “harassment, intimidation, or bullying” and “cyberbullying” is identified.

(8)A statement that prohibits reprisal or retaliation against any person who reports an act of “harassment, intimidation, or bullying” and “cyberbullying”, and the consequences and appropriate remedial action for a person who engages in that type of reprisal or retaliation.

(9)Consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of “harassment, intimidation, or bullying” and “cyberbullying”.

(10)A statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored activities.

(11)A school employee, pupil, or volunteer shall not engage in reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of “harassment, intimidation, or bullying” and “cyberbullying”.

(12)A school employee or volunteer who has witnessed, or has reliable information that a pupil has been subjected to “harassment, intimidation, or bullying” and “cyberbullying”, whether verbal or physical, shall report the incident to the appropriate school official designated by the Board policy.

(13)A school employee who promptly reports an incident of “harassment, intimidation, or bullying” and “cyberbullying” to the appropriate school official designated by the Board policy, and who makes this report in compliance with the procedures in the policy prohibiting “harassment, intimidation, or bullying” and “cyberbullying” is not liable for damages arising from any failure to remedy the reported incident.

(d)The Board shall adopt the policy under this Section and transmit a copy of its policy to the Superintendent of Education by June 30, 2011.

(e)The Board shall ensure that notice of the policy under this Section is included in any publication that sets forth the comprehensive rules, procedures, and standards of conduct for all schools, and in its pupil handbooks.

(f)Public schools are required to form “bullying” and “cyberbullying” prevention task forces; implement prevention, intervention, and remediation programs; and explore other initiatives that involve the school community, law enforcement, assistance organizations, and community members. School community is defined as parents or guardians, pupils, teachers, staff, and administrators.

(g)Each school shall do all of the following:

(1)provide training on the school’s “harassment, intimidation, or bullying” and “cyberbullying” policies to the school community and volunteers who have significant contact with pupils; and

(2)develop a process for discussing the “harassment, intimidation, or bullying” and “cyberbullying” policy with pupils as part of the curriculum.

(h)A school shall incorporate information regarding its policy against “harassment, intimidation, or bullying” and “cyberbullying” into its employee training program.

(i)This Section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This Section does not create or alter any tort liability. CH. 3 DEPARTMENT OF EDUCATION

(j)The Board shall establish rules for appropriate disciplinary action for the Department of Education personnel who do not comply with the policy prohibiting “harassment, intimidation, or bullying” and “cyberbullying”.

(k)“harassment, intimidation, or bullying” and “cyberbullying” are CRIMINAL IN NATURE and any of these actions can constitute a criminal offense that is chargeable under Guam law.