Utah

53A-11a-102.   Definitions.  

As used in this chapter:

(1) (a) “Bullying” means intentionally or knowingly committing an act that:

(i) (A) endangers the physical health or safety of a school employee or student;
(B) involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
(C) involves consumption of any food, liquor, drug, or other substance;
(D) involves other physical activity that endangers the physical health and safety of a school employee or student; or
(E) involves physically obstructing a school employee’s or student’s freedom to move; and

(ii) is done for the purpose of placing a school employee or student in fear of:
(A) physical harm to the school employee or student; or
(B) harm to property of the school employee or student.
(b) The conduct described in Subsection (1)
(a) constitutes bullying, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.

(2) “Communication” means the conveyance of a message, whether verbal, written, or electronic.

(3) “Cyber-bullying” means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication.

(4) “Harassment” means repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for the individual.

(5) (a) “Hazing” means intentionally or knowingly committing an act that:

(i) (A) endangers the physical health or safety of a school employee or student;
(B) involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
(C) involves consumption of any food, liquor, drug, or other substance;
(D) involves other physical activity that endangers the physical health and safety of a school employee or student; or
(E) involves physically obstructing a school employee’s or student’s freedom to move; and

(ii) (A) is done for the purpose of initiation or admission into, affiliation with, holding office in, or as a condition for, membership or acceptance, or continued membership or acceptance, in any school or school sponsored team, organization, program, or event; or
(B) if the person committing the act against a school employee or student knew that the school employee or student is a member of, or candidate for, membership with a school, or school sponsored team, organization, program, or event to which the person committing the act belongs to or participates in.

     (b) The conduct described in Subsection (5)(a) constitutes hazing, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.

(6) “Policy” means a bullying and hazing policy described in Section 53A-11a-301.

(7) “Retaliate” means an act or communication intended:

(a) as retribution against a person for reporting bullying or hazing; or(b) to improperly influence the investigation of, or the response to, a report of bullying or hazing.

(8) “School” means any public elementary or secondary school or charter school.

(9) “School board” means:

(a) a local school board; or(b) a local charter board.

(10) “School employee” means:

(a) school teachers;(b) school staff;(c) school administrators; and(d) all others employed, directly or indirectly, by the school, school board, or school district.

53A-11a-201.   Bullying, cyber-bullying, harassment, hazing, sexual battery, and sexual exposure prohibited.  

(1) No school employee or student may engage in bullying or harassing a school employee or student:

(a) on school property;
(b) at a school related or sponsored event;
(c) on a school bus;(d) at a school bus stop; or
(e) while the school employee or student is traveling to or from a location or event described in Subsections (1)(a) through (d).

(2) No school employee or student may engage in hazing or cyber-bullying a school employee or student at any time or in any location.

53A-11a-301.   Bullying, cyber-bullying, harassment, hazing, and retaliation policy. 

(1) On or before September 1, 2012, each school board shall adopt a bullying, cyber-bullying, harassment, and hazing policy consistent with this chapter.

(2) The policy shall:

(a) be developed only with input from:

(i) students;
(ii) parents;
(iii) teachers;
(iv) school administrators;
(v) school staff; or
(vi) local law enforcement agencies; and

(b) provide protection to a student, regardless of the student’s legal status.

(3) The policy shall include the following components:

(a) definitions of bullying, cyber-bullying, harassment, and hazing that are consistent with this chapter;
(b) language prohibiting bullying, cyber-bullying, harassment, and hazing;
(c) language prohibiting retaliation against an individual who reports conduct that is prohibited under this chapter; and
(d) language prohibiting making a false report of bullying, cyber-bullying, harassment, hazing, or retaliation.

(4) A copy of the policy shall be included in student conduct handbooks and employee handbooks.

(5) A policy may not permit formal disciplinary action that is based solely on an anonymous report of bullying, cyber-bullying, harassment, hazing, or retaliation.

(6) Nothing in this chapter is intended to infringe upon the right of a school employee or student to exercise their right of free speech.

53A-11a-402.   Other forms of legal redress.

(1) Nothing in this chapter prohibits a victim of bullying, cyber-bullying, harassment, hazing, or retaliation from seeking legal redress under any other provisions of civil or criminal law.

(2) This section does not create or alter tort liability

76-5-107.5.   Prohibition of “hazing” — Definitions — Penalties.

(1) A person is guilty of hazing if that person intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:

(a) (i) endangers the mental or physical health or safety of another;
(ii) involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
(iii) involves consumption of any food, alcoholic product, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual; or
(iv) involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation; and

(b) (i) is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization; or
(ii) if the actor knew that the victim is a member of or candidate for membership with a school team or school organization to which the actor belongs or did belong within the preceding two years.

(2) It is not a defense to prosecution of hazing that a person under 21, against whom the hazing was directed, consented to or acquiesced in the hazing activity.

(3) An actor who hazes another is guilty of a:

(a) class B misdemeanor except as provided in Subsection (3)(b), (c), (d), or (e);
(b) class A misdemeanor if the act involves:

(i) the operation or other use of a motor vehicle;
(ii) the consumption of an alcoholic product as defined in Section 32B-1-102; or
(iii) the consumption of a drug or a substance as defined in Section 76-5-113;

(c) third degree felony if the act involves the use of a dangerous weapon as defined in Section 76-1-601;

(d) third degree felony if the hazing results in serious bodily injury to a person; or

(e) second degree felony if hazing under Subsection (3)(d) involves the use of a dangerous weapon as defined in Section 76-1-601.

(4) A person who in good faith reports or participates in reporting of an alleged hazing is not subject to any civil or criminal liability regarding the reporting.

(5) (a) This section does not apply to military training or other official military activities.

(b) Military conduct is governed by Title 39, Chapter 6, Utah Code of Military Justice.

(6) (a) A prosecution under this section does not bar a prosecution of the actor for:
(i) any other offense for which the actor may be liable as a party for conduct committed by the person hazed; or
(ii) any offense, caused in the course of the hazing, that the actor commits against the person who is hazed.

(b) Under Subsection (6)(a)(i) a person may be separately punished, both for the hazing offense and the conduct committed by the person hazed.

(c) Under Subsection (6)(a)(ii) a person may not be punished both for hazing and for the other offense, but shall be punished for the offense carrying the greater maximum penalty.