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

  (1) In accordance with an action plan adopted in accordance with Subsection R277-613-4(1)(c), an LEA shall:

  (a) investigate allegations of incidents of bullying, cyber-bullying, hazing, and retaliation in accordance with this section; and

  (b) provide an individual who investigates allegations of incidents of bullying, cyber-bullying, hazing, and retaliation with adequate training on conducting an investigation.

  (2)(a) An LEA shall investigate allegations of incidents described in Subsection (1)(a) by interviewing at least the alleged victim and the individual who is alleged to have engaged in prohibited conduct.

  (b) An LEA may also interview the following as part of an investigation:

  (i) parents of the alleged victim and the individual who is alleged to have engaged in prohibited conduct;

  (ii) any witnesses;

  (iii) school staff; and

  (iv) other individuals who may provide additional information.

  (c) An individual who investigates an allegation of an incident shall inform an individual being interviewed that:

  (i) to the extent allowed by law, the individual is required to keep all details of the interview confidential; and

  (ii) further reports of bullying will become part of the review.

  (3) The confidentiality requirement in Subsection (2)(c) does not apply to:

  (a) conversations with law enforcement professionals;

  (b) requests for information pursuant to a warrant or subpoena;

  (c) a state or federal reporting requirement; or

  (d) other reporting required by this rule.

  (4) In conducting an investigation under this section, an LEA may:

  (a) review disciplinary reports of involved students; and

  (b) review physical evidence, consistent with search and seizure law in schools, which may include:

  (i) video or audio;

  (ii) notes;

  (iii) email;

  (iv) text messages;

  (v) social media; or

  (vi) graffiti.

  (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) Following an investigation of a confirmed allegation of an incident of bullying, cyber-bullying, hazing, or retaliation, if appropriate, an LEA may:

  (a) in accordance with the requirements in Subsection (6), take positive restorative justice practice action, in accordance with policies established by the LEA; and

  (b) support involved students through trauma-informed practices, if appropriate.

  (6)(a) An alleged victim is not required to participate in a restorative justice practice with an individual who is alleged to have engaged in prohibited conduct as described in Subsection (5)(a).

  (b) If an LEA would like an alleged victim who is a student to participate in a restorative justice practice, the LEA shall notify the alleged victim's parent of the restorative justice practice and obtain consent from the alleged victim's parent before including the alleged victim in the process.

  (7) A grievance process required under Subsection 53G-9-605(3)(f) shall be consistent with the LEA's established grievance process.

  (8) An LEA shall, as required by Subsection 53G-9-606(2), report the following annually, on or before June 30, to the Superintendent in accordance with the Superintendent's submission requirements:

  (a) a copy of LEA's policy required in Section R277-613-4;

  (b) implementation of the signed statement requirement described in Subsection 53G-9-605(3)(h);

  (c) verification of the LEA's training of school employees relating to bullying, cyber-bullying, hazing, and retaliation described in Section 53G-9-607;

  (d) incidents of bullying, cyber-bullying, hazing, and retaliation;

  (e) the number of incidents described in Subsection (8)(d) required to be reported separately under federal law, including the reporting requirements in:

  (i) Title VI of the Civil Rights Act of 1964;

  (ii) Title IX of the Education Amendments of 1972; or

  (iii) Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990; and

  (f) the number of incidents described in Subsection (8)(d) that include a student who was bullied, cyber-bullied, hazed, or retaliated against based on the student's actual or perceived characteristics, including disability, race, national origin, religion, sex, gender identity, or sexual orientation.

  (9) The requirements of this R277-613 are in addition to any federal requirements, including reporting civil rights violations to the appropriate entities and taking other appropriate action.