Administrative Regulation 5131.2
Bullying is an aggressive behavior that involves a real or perceived imbalance of power between individuals (with the intent to cause emotional or physical harm). Bullying can be physical, verbal, or social/relational and may involve a single severe act or the repetition or potential repetition of a deliberate act. Bullying includes, but is not limited to, any act described in Education Code 48900(r).
Cyberbullying includes the electronic creation or transmission of harassing communications, direct threats, or other harmful texts, sounds, or images, which may be shared, sent, or posted publicly. Cyberbullying may include, but is not limited to, personal or private information that causes humiliation, false or negative information to discredit or disparage, or threats of physical harm. Cyberbullying may also include breaking into another person’s electronic account or assuming that person’s online identity in order to damage that person’s reputation.
Examples of the types of conduct that may constitute bullying and are prohibited by the District include, but are not limited to:
- Physical bullying: An act that inflicts harm upon a person’s body or possessions, such as hitting, kicking, pinching, spitting, tripping, pushing, taking or breaking someone’s possessions, or making cruel or rude hand gestures.
- Verbal bullying: An act that includes saying or writing hurtful things, such as teasing, name-calling, inappropriate sexual comments, taunting, or threats to cause harm.
- Social/relational bullying: An act that harms a person’s reputation or relationships, such as leaving a person out of an activity on purpose, influencing others not to befriend someone, spreading rumors, or embarrassing someone in public.
- Cyberbullying: An act that occurs on electronic devices such as computers, tablets, or cell phones, and may involve sending demeaning or hateful text messages, direct messages or public posts on social media apps, gaming forums, or emails, spreading rumors by email or by posting on social networking sites, shaming or humiliating by allowing others to view, participate in, or share disparaging or harmful content, or posting or sharing embarrassing photos, videos, website, or fake profiles.
Measures to Prevent Bullying
The Superintendent or designee shall implement measures to prevent bullying in District schools, which include, but are not limited to, the following:
Ensuring that each school establishes clear rules for student and staff conduct and implements strategies to promote a positive, supportive, and collaborative school climate. Providing pertinent information to students about District and school rules related to bullying, mechanisms available for reporting incidents or threats, and the consequences for engaging in bullying. Encouraging students through education, handbooks, assemblies, or other means, to notify school staff when they are being bullied or when they suspect that another student is being bullied, and providing the means by which students may report threats or incidents confidentially and anonymously. Increasing supervision and security in areas where bullying most often occurs, such as playgrounds, hallways, restrooms, and cafeterias. Annually notifying District employees that, pursuant to Education Code 234.1, any school staff who witnesses an act of bullying against a student has a responsibility to immediately intervene to stop the incident when it is safe to do so.
Staff Development
The Superintendent or designee shall annually make available to all certificated staff and to other employees who have regular interaction with students the California Department of Education (CDE) online training module on the dynamics of bullying and cyberbullying, including the identification of bullying and cyberbullying and the implementation of strategies to address bullying (Education Code 32283.5).
The Superintendent or designee shall provide training to teachers and other school staff to raise their awareness about the legal obligation of the District and its employees to prevent discrimination, harassment, intimidation, and bullying of District students. Such training shall be designated to provide staff with the skills to:
- Discuss the diversity of the student body and school community, including their varying experiences, cultures, and backgrounds.
- Discuss bullying prevention strategies with students, and educate students to recognize the behavior and characteristics of bullying.
- Identify the signs of bullying or harassing behavior.
- Take immediate corrective action when bullying is observed.
- Report incidents to the appropriate authorities, including law enforcement in instances of criminal behavior.
Information and Resources
The Superintendent or designee shall post on the District’s website, in a prominent location and in a manner that is easily accessible to students and parents/guardians, information on bullying and harassment prevention which includes the following (Education Code 234.6):
- The District’s policy on student suicide prevention.
- The definition of sex discrimination and harassment as described in Education Code 230, including the rights set forth in Education Code 221.8.
- Title IX information included on the District’s website pursuant to Education Code 221.61, and a link to the Title IX information included on CDE’s website pursuant to Education Code 221.6.
- District policies on student sexual harassment, prevention and response to hate violence, discrimination, harassment, intimidation, bullying, and cyberbullying.
- A section on social media bullying that includes all of the references described in Education Code 234.6 as possible forums for social media.
- A link to statewide resources, including community-based organizations, compiled by CDE pursuant to Education Code 234.5.
- Any additional information the Superintendent or designee deems important for preventing bullying and harassment.
Student Instruction
As appropriate, the District shall provide students with instruction, in the classroom or other educational settings, that promotes social-emotional learning, assertiveness, effective communication and conflict resolution skills, character development, respect for cultural and individual differences, self-esteem development, digital and media literacy skills, and appropriate online behavior.
Students should be taught the differences between appropriate and inappropriate behaviors, how to advocate for themselves, how to help another student who is being bullied, and when to seek assistance from a trusted adult. As role models for students, staff are responsible for teaching and modeling respectful behavior and building safe and supportive learning environments, and are expected to demonstrate effective problem-solving and anger management skills.
Reporting and Investigating Complaints
Within one business day of receiving such a report, a staff member shall notify the principal of the report, regardless of whether a Uniform Complaint is filed. In addition, any school employee who observes an incident of bullying involving a student shall, within one business day, report such observation to the principal or a District Compliance Officer, regardless of whether the alleged victim files a complaint.
Within two (2) business days of receiving a report of bullying, the principal shall notify the District compliance officer identified in Administrative Regulation 1312.3.
Parents or students may submit to a teacher or administrator a verbal or written complaint of conduct they consider to be bullying. A school site administrator shall investigate and provide an informal written response to the parents or student within ten (10) business days and shall notify the parent of the option to file a formal complaint of bullying pursuant to the District’s General Complaint or Uniform Complaint procedures, as applicable.
When a student is reported to be engaging in bullying off campus, the Superintendent or designee shall investigate and determine the impact or potential impact to school activities, school attendance, and the targeted student’s educational performance.
If the student is misusing a social networking site to engage in an act of bullying, parents/guardians are encouraged to help monitor the student’s usage, and the Superintendent or designee also may file a complaint with the Internet site or service to have the harmful material removed.
The investigating administrator shall ensure periodic follow-ups so that bullying does not recur with victims of bullying and shall maintain a confidential record of bullying complaints and their resolutions.
Discipline/Correction Actions
Corrective actions for a student who commits an act of bullying of any type may include counseling, behavioral intervention, restorative conferences, appropriate student education, and, if the behavior is severe or pervasive as defined in Education Code 48900, may include suspension or expulsion in accordance with District policies and regulations.
Support Services
The Superintendent, principal, or designee may refer a victim, witness, aggressor, or other student affected by an act of bullying to a school counselor, school psychologist, school nurse, or other school support service personnel for case management, counseling, and/or participation in a restorative justice program as appropriate (Education Code 48900.9).
If any student involved in bullying exhibits warning signs of suicidal thoughts or intention or of intent to harm another person, the Superintendent or designee shall, as appropriate, implement District intervention protocols which may include, but are not limited, to, referral to District or community mental health services, other health professionals, and/or law enforcement, in accordance with Board Policy and Administrative Regulation 5141.52: Suicide Prevention.
Legal References:
5 CCR 4600-4670 Uniform complaint procedures
Bus. And Prof. Code 22589-22589.4 Cyberbullying Protection Act
EDUCATION CODE:
200-262.4 Prohibition of discrimination
32282 School safety plans
32283.5 Bullying; online training
35181 Governing board policy on responsibilities of students
35291-35291.5 School discipline rules
48900-48925 Suspension or expulsion
48985 Translation of notices
52060-52077 Local control and accountability plan
Federal:
28 CFR 35.107 Nondiscrimination on basis of disability; complaints
34 CFT 104.7 Section 504; Designation of responsible employee and adoption of grievances procedures
34 CFR 110.25 Notification of nondiscrimination on the basis of age
Established: August 27, 2024