Chapter 647
AN ACT
HB 2637
Relating to cyberbullying; creating new
provisions; amending ORS 339.351, 339.353, 339.356, 339.359, 339.362 and
339.364; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 339.351 is amended to read:
339.351. As used in ORS
339.351 to 339.364[,]:
(1) “Cyberbullying”
means the use of any electronic communication device to harass, intimidate or
bully.
(2) “Harassment, intimidation or bullying” means
any act that substantially interferes with a student’s educational benefits,
opportunities or performance, that takes place on or immediately adjacent to
school grounds, at any school-sponsored activity, on school-provided
transportation or at any official school bus stop, and that has the effect of:
[(1)] (a) Physically harming a
student or damaging a student’s property;
[(2)] (b) Knowingly placing a
student in reasonable fear of physical harm to the student or damage to the
student’s property; or
[(3)] (c) Creating a hostile educational environment.
SECTION 2. ORS 339.353 is amended to read:
339.353. (1) The
Legislative Assembly finds that:
(a) A safe and civil
environment is necessary for students to learn and achieve high academic
standards.
(b) Harassment, intimidation
or bullying and cyberbullying, like other disruptive or violent
behavior, [is] are conduct
that disrupts a student’s ability to learn and a school’s ability to educate
its students in a safe environment.
(c) Students learn by
example.
(2) The [legislature] Legislative Assembly
commends school administrators, faculty, staff and volunteers for demonstrating
appropriate behavior, treating others with civility and respect,[and] refusing to tolerate harassment,
intimidation or bullying and refusing to tolerate cyberbullying.
SECTION 3. ORS 339.356 is amended to read:
339.356. (1) Each school district shall adopt a policy prohibiting
harassment, intimidation or bullying and prohibiting cyberbullying.
School districts are encouraged to develop the policy after consultation with
parents and guardians, school employees, volunteers, students, administrators
and community representatives.
(2) School districts are
encouraged to include in the policy:
(a) A statement
prohibiting harassment, intimidation or bullying and prohibiting
cyberbullying;
(b) [A definition] Definitions of
harassment, intimidation or bullying and of cyberbullying that [is] are consistent with ORS
339.351;
(c) A description of the
type of behavior expected from each student;
(d) A statement of the
consequences and appropriate remedial action for a person who commits an act of
harassment, intimidation or bullying or an act of cyberbullying;
(e) A procedure for
reporting an act of harassment, intimidation or bullying or an act of cyberbullying,
including a provision that permits a person to report an act of harassment,
intimidation or bullying or an act of cyberbullying anonymously. Nothing
in this paragraph may be construed to permit formal disciplinary action solely
on the basis of an anonymous report;
(f) A procedure for
prompt investigation of a report of an act of harassment, intimidation or
bullying or an act of cyberbullying;
(g) A statement of the
manner in which a school district will respond after an act of harassment, intimidation
or bullying or an act of cyberbullying is reported, investigated and
confirmed;
(h) A statement of the
consequences and appropriate remedial action for a person found to have
committed an act of harassment, intimidation or bullying or an act of
cyberbullying;
(i) A statement
prohibiting reprisal or retaliation against any person who reports an act of
harassment, intimidation or bullying or an act of cyberbullying and
stating the consequences and appropriate remedial action for a person who engages
in such reprisal or retaliation;
(j) A statement of the
consequences and appropriate remedial action for a person found to have falsely
accused another of having committed an act of harassment, intimidation or
bullying or an act of cyberbullying as a means of reprisal or
retaliation,[or] as a means of
harassment, intimidation or bullying or as a means of cyberbullying;
(k) A statement of how
the policy is to be publicized within the district, including a notice that the
policy applies to behavior at school-sponsored activities; and
(L) The identification
by job title of school officials responsible for ensuring that policy is
implemented.
SECTION 4. ORS 339.359 is amended to read:
339.359. School
districts are encouraged to form [harassment,
intimidation or bullying prevention] task forces, programs[,] and other initiatives [involving] that are aimed at the
prevention of harassment, intimidation or bullying and of cyberbullying and
that involve school employees, students, administrators, volunteers,
parents, guardians, law enforcement and community representatives.
SECTION 5. ORS 339.362 is amended to read:
339.362. (1) A school
employee, student or volunteer may not engage in reprisal or retaliation
against a victim of, witness to or person with reliable information about an
act of harassment, intimidation or bullying or an act of cyberbullying.
(2) A school employee,
student or volunteer who witnesses or has reliable information that a student
has been subjected to an act of harassment, intimidation or bullying or an
act of cyberbullying is encouraged to report the act to the appropriate
school official designated by the school district’s policy.
(3) A school employee
who promptly reports an act of harassment, intimidation or bullying or an
act of cyberbullying to the appropriate school official in compliance with
the procedures set forth in the school district’s policy is immune from a cause
of action for damages arising from any failure to remedy the reported act.
SECTION 6. ORS 339.364 is amended to read:
339.364. ORS 339.351 to
339.364 may not be interpreted to prevent a victim of harassment, intimidation
or bullying or a victim of cyberbullying from seeking redress under any
other available law, whether civil or criminal. ORS 339.351 to 339.364 do not
create any statutory cause of action.
SECTION 7. The amendments to ORS 339.351, 339.353,
339.356 and 339.359 by sections 1 to 4 of this 2007 Act first apply to the
2007-2008 school year.
SECTION 8. This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared
to exist, and this 2007 Act takes effect July 1, 2007.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date July 1, 2007
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