Intent of the Proposed Change
- To provide a definition of harassment to help individuals have a clear understanding of what harassment is.
- To define examples of harassment to help individuals recognize threats, intimidation, bullying, cyber-bullying and stalking.
- Note: The examples “physical or verbal abuse” and “sexual harassment” were moved to different categories.
R09.02.020 – E
- physical or verbal abuse;
- sexual harassment;
- intimidation; or
- other conduct, including hazing, which unreasonably interferes with or creates a hostile or offensive learning, living, or working environment.
Harassment is defined as behavior that is severe, pervasive or persistent to a degree that a reasonable person similarly situated would be prevented from accessing an educational benefit. This behavior includes, but is not limited to, verbal abuse, threats, intimidation, and coercion (that is not speech or conduct otherwise protected by the 1st Amendment). In addition, harassment may be conducted in a variety of mediums, including, but not limited to, physical, verbal, graphic, written, or electronic.
- threats, defined as written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property
- intimidation, defined as implied threats or acts that cause reasonable fear or harm in another
- bullying, defined as repeated, unreasonable actions directed towards an individual (or a group) resulting in intimidating, degrading, humiliating, or undermining behavior and the creation of a risk to the health or safety of individuals;
- cyberbullying, defined as repeated, unreasonable actions using electronic communications that are directed towards an individual (or a group) resulting in intimidating, degrading, humiliating, or undermining behavior and the creation of a risk to the health or safety of individuals;
- stalking, defined as repetitive and/or menacing pursuit, following, or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community