Bullying includes cyberbullying (defined below) and means any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following:
- Placing the student or students in reasonable fear of harm to the student’s or students’ person or property;
- Causing a substantially detrimental effect on the student’s or students’ physical or mental health;
- Substantially interfering with the student’s or students’ academic performance; or
- Substantially interfering with the student’s or students’ ability to participate in or benefit from the services, activities or privileges provided by a school.
Examples of prohibited conduct include harassment, threats, intimidation, name-calling, using derogatory slurs, stalking, sexual harassment, sexual violence, posting or distributing sexually explicit images, causing psychological harm, threatening or causing physical harm, threatened or actual destruction of property, theft, public humiliation, wearing or possessing items depicting or implying hatred or prejudice of one of the characteristics stated above, or retaliation for asserting or alleging an act of bullying. This list is non-exhaustive.
CYBERBULLYING
Cyberbullying means bullying through the use of technology or any electronic communication, including without limitation any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photo-electronic system, or photo-optical system, including without limitation electronic mail, Internet communications, instant messages, or facsimile communications.
Cyberbullying includes:
- The creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author or posted content or messages, if the creation or impersonation creates any of the effects enumerated in the definition of bullying.
- The distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the effects enumerated in the definition of bullying.
- The posting or distribution of an unauthorized digital replica (i.e., using a digital replica of an individual without the consent of the depicted individual) by electronic means, if the distribution or posting creates any of the effects enumerated in the definition of bullying.