vermont

16 V.S.A. § 11

Subsection 26(A) defines “harassment” as “…an incident or incidents of verbal, written, visual, or physical conduct, including any incident conducted by electronic means, based on or motivated by a student’s or a student’s family member’s actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability that has the purpose or effect of objectively and substantially undermining and detracting from or interfering with a student’s educational performance or access to school resources or creating an objectively intimidating, hostile, or offensive environment.”

Subsection 32 defines “bullying” as (32) “…any overt act or combination of acts, including an act conducted by electronic means, directed against a student by another student or group of students and which:

(A) is repeated over time;

(B) is intended to ridicule, humiliate, or intimidate the student; and

(C)(i) occurs during the school day on school property, on a school bus, or at a school-sponsored activity, or before or after the school day on a school bus or at a school-sponsored activity; or

(ii) does not occur during the school day on school property, on a school bus, or at a school-sponsored activity and can be shown to pose a clear and substantial interference with another student’s right to access educational programs.”

(http://legislature.vermont.gov/statutes/section/16/001/00011)

Statute § 1162 explicitly allows for the suspension or expulsion of students for their bullying behaviors even when not on school property: “…where the misconduct can be shown to pose a clear and substantial interference with another student’s equal access to educational programs.”

http://legislature.vermont.gov/statutes/section/16/025/01162

2004 Vermont Act 117; 16 V.S.A. § 11(a)(32); An Act was enabled in memory of Ryan Patrick Halligan who was se­verely bullied electronically. The penalty is to have schools develop a plan to notify parents of bullying along with the victim and expulsion may be a consequence.

http://legislature.vermont.gov/statutes/section/16/009/00570c

Criminal electronic harassment: Disturbing peace by use of telephone or other electronic communications