Utah School Discipline Laws & Regulations: Formal Incident Reporting of Conduct Violations

Discipline Compendium

Utah School Discipline Laws & Regulations: Formal Incident Reporting of Conduct Violations

Category: Monitoring and Accountability
Subcategory: Formal Incident Reporting of Conduct Violations
State: Utah

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LAWS

§ 53G-8-209. Extracurricular activities–Prohibited conduct–Reporting of violations–Limitation of liability.

(3)(a) School employees who reasonably believe that a violation of this section may have occurred shall immediately report that belief to the school principal, district superintendent, or chief administrative officer of a charter school.

(b) Principals who receive a report under Subsection (3)(a) shall submit a report of the alleged incident, and actions taken in response, to the district superintendent or the superintendent's designee within 10 working days after receipt of the report.

(c) Failure of a person holding a professional certificate to report as required under this Subsection (3) constitutes an unprofessional practice.

§ 53G-8-501. Definitions.

For purposes of Sections 53G-8-502 through 53G-8-504:

(1) "Educator" means a person employed by a public school, but excludes those employed by institutions of higher education.

(2) "Prohibited act" means an act prohibited by Section 53G-8-602, relating to alcohol; Section 58-37-8, relating to controlled substances; or Section 58-37a-5, relating to drug paraphernalia.

§ 53G-8-502. Mandatory reporting of prohibited acts.

If an educator has reasonable cause to believe that a student at the public school where the educator is employed has committed a prohibited act, he shall immediately report that to the school's designated educator.

§ 53G-8-503. Reporting procedure.

(1) The principal of a public school affected by this chapter shall appoint one educator as the "designated educator" to make all reports required under Sections 53G-8-501 through 53G-8-504.

(2) The designated educator, upon receiving a report of a prohibited act from an educator under Section 53G-8-502, shall immediately report the violation to the student's parent, and may report the violation to an appropriate law enforcement agency or official, in accordance with Section 53G-8-211.

(3) The designated educator may not disclose to the student or to the student's parent the identity of the educator who made the initial report.

§ 53G-8-504. Immunity from civil or criminal liability.

An educator who in good faith makes a report under Sections 53G-8-502 and 53G-8-503 is immune from any liability, civil or criminal, that might otherwise result from that action.

§ 53G-8-506. Reporting of prohibited acts affecting a school -Confidentiality.

(1) A person who has reasonable cause to believe that an individual has committed a prohibited act shall, in accordance with Section 53G-8-211, immediately notify:

(a) the principal;

(b) an administrator of the affected school;

(c) the superintendent of the affected school district; or

(d) an administrator of the affected school district.

(2) If notice is given to a school official, the official may authorize an investigation into allegations involving school property, students, or school district employees.

(3) A school official may only refer a complaint of an alleged prohibited act reported as occurring on school property or in connection with school-sponsored activities to an appropriate law enforcement agency in accordance with Section 53G-8-211.

(4) The identity of persons making reports pursuant to this section shall be kept confidential.

§ 53G-8-507. Immunity from civil or criminal liability.

Any person, official, or institution, other than a law enforcement officer or law enforcement agency, participating in good faith in making a report or conducting an investigation under the direction of school or law enforcement authorities under Section 53G-8-505, 53G-8-506, 53G-8-508, or 53G-8-509, is immune from any liability, civil or criminal, that otherwise might result by reason of that action.

§ 53G-8-510. Notification of teachers of weapons on school property–Immunity from civil and criminal liability .

(1) As used in this section:

(a) "dangerous weapon" means a firearm or an object that in the manner of the object's use or intended use is capable of causing death or serious bodily injury to an individual.

(b) "minor" means the same as that term is defined in section 80-1-102.

(c) "school employee" means an individual working in the individual's capacity as:

(i) A school teacher;

(ii) A school staff member;

(iii) A school administrator; or

(iv) An individual:

(a) Who is employed, directly or indirectly, by a school, an lea governing board, or a school district; and

(b) Who works on a school campus.

(d) "school is in session" means the same as that term is defined in section 53e-3-516.

(e) "school-sponsored activity" means the same as that term is defined in section 53e-3-516.

(2) If a minor is found on school grounds when school is in session or at a school-sponsored activity in possession of a dangerous weapon and that information is reported to, or known by, a school employee, the school employee shall notify the principal.

(3) After receiving a notification under subsection (2), the principal shall notify:

(a) A law enforcement officer or agency; and

(b) School or district personnel if the principal determines that school or district personnel should be informed.

(4) A person who in good faith reports information under Subsection (1) and any person who receives the information is immune from any liability, civil or criminal, that might otherwise result from the reporting or receipt of the information.

REGULATIONS

R277-613-4. LEA Responsibility to Create or Update Bullying Policies.

(1) In addition to the requirements of Subsection 53G-9-605(3), an LEA shall:

(c) develop an action plan to address a reported incident of bullying, cyber-bullying, hazing, or retaliation.

R277-613-5. Reporting and Incident Investigations of Allegations of Bullying, Cyber-bullying, Hazing, Retaliation and Abusive Conduct.

(5) An LEA shall adopt a policy outlining under what circumstances the LEA will report incidents of bullying, cyber-bullying, harassment, and retaliation to law enforcement.

(6) An LEA shall adopt a policy outlining under what circumstances the LEA will investigate and report incidents of bullying, cyber-bullying, retaliation, and Abusive Conduct as civil rights violations.

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