Below is the model bullying policy made available by the Oregon State Department of Education for school districts within Oregon to use when crafting their own bullying and cyberbullying policies. Each state’s policies vary when it comes to how they: define bullying, harassment, threats, intimidation, and violence; expect reporting and investigating to be carried out, specify response strategies, define penalties, and prescribe certain types of prevention programs and practices.

We recommend that you review and consider updating your own bullying policy on an annual basis with input from educators, administrators, counselors, mental health professionals, parents, and students themselves. That will optimize the likelihood that the policy you implement achieves its goals.

Last Updated: August 7, 2019

URL of Source: https://www.oregon.gov/ode/students-and-family/healthsafety/Pages/School-Discipline,-Bullying,-Restraint-and-Seclusion.aspx

(In lieu of a sample policy, the Oregon Department of Education provides the following information)

Bullying in schools is a serious issue, and one that deserves vigilant attention from school personnel and the community at large. The Oregon Department of Education (ODE) is committed to fostering safe, healthy, and supportive school environments that are free from harassment, intimidation, and bullying to ensure maximal learning opportunities for every student. The purpose of this question and answer (Q&A) document is to provide information to school personnel, parents, students, and community members regarding the rules and processes in place to address harassment, intimidation, and bullying in Oregon public schools. This Q&A provides summary information with footnotes provided for readers who wish to review relevant sections of the law. This document should be used as guidance and is not intended as legal advice.
1. Does Oregon have a state law that prohibits bullying in schools?

Yes. Oregon’s laws related to harassment, intimidation, and bullying in public schools can be found in the Oregon Revised Statutes chapter 339, sections 351-364. The law can be viewed here in its entirety: https://www.oregonlegislature.gov/bills_laws/ors/ors339.html

2. How is “harassment, intimidation, or bullying” defined?

Oregon law defines “harassment, intimidation, or bullying” as any act that:

• Substantially interferes with a student’s educational benefits, opportunities, or performance;
• Takes place on or immediately adjacent to school grounds, at any school- sponsored activity, on school-provided transportation or at any official school bus stop; and has the effect of:
o Physically harming a student or damaging a student’s property;
o Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property; or
o Creating a hostile educational environment, including interfering with the psychological well-being of a student.1

3. Does Oregon’s law include cyberbullying?

Yes. The law includes cyberbullying, which is defined as “the use of any electronic communication device to harass, intimidate, or bully.”2


1 ORS 339.351(2).
2 ORS 339.351(1).

4. Does Oregon law protect only certain groups from bullying?

No. Oregon law protects all students, recognizing that bullying “may be based on, but not be limited to, the protected class status of a person.”3
5. How is “protected class” defined under Oregon law?

Oregon law defines protected class as a “group of persons distinguished, or perceived to be distinguished, by race, color, religion, sex, sexual orientation, national origin, marital status, familial status, source of income or disability.”4
6. What must public school districts do to comply with the law?
The law requires school districts to adopt policies that:

• Prohibit harassment, intimidation, bullying, and cyberbullying;
• Require employees to report an act of harassment, intimidation, or bullying;
• Allow students or volunteers to report harassment, intimidation, or bullying voluntarily and anonymously;
• Create a uniform procedure for reporting harassment, intimidation, or bullying, and a process that the district will follow in investigating a report of harassment, intimidation, or bullying. This process must:
o Identify by job title the school officials responsible for receiving and investigating reports of harassment, intimidation, or bullying;
o Identify a procedure by which a person may request a school district to review the actions of a school in responding to a report of harassment, intimidation, or bullying;
o Include a statement of the consequences and remedial action for a person found to have committed an act of harassment, intimidation, or bullying;
o Prohibit retaliation against any person who reports an act of harassment, intimidation, or bullying; and
o Identify corrective action for one who falsely accuses another of harassment, intimidation, or bullying.5

7. How do I find my district’s anti-bullying policy?

The law requires districts to make their policy “readily available . . . at each school office or at the school district office, and if available, on the website for a school or the school district.”6


3 ORS 339.351(2)(d).
4 ORS 339.351(3).
5 ORS 339.356.
6 ORS 339.356(2)(m)(B).


8. How does one report a concern regarding bullying?

Each school district has its own process for filing a bullying complaint. A written, dated complaint with specific facts is the best method. You should review the school district’s process carefully and ask questions of school district office personnel if you have questions about the method for filing a complaint. Be as objective and specific as possible so that a thorough investigation can be conducted.
9. What if I file a report and am not satisfied with the school’s response?

The law requires school district policy to allow for a review at the district level if you are not happy with a school’s response to a report of bullying. Follow the procedures written in the district policy for requesting the district to review the actions of the school. Pay close attention to review deadlines.7

10. Are there federal laws that protect against harassment, intimidation, and bullying?

Depending upon the unique facts and circumstances of a situation, there are federal laws that apply to certain protected classes in cases involving harassment, intimidation, or bullying. These include Title VI of the Civil Rights Act, Title IX of the Education Amendments Act, Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Amendments Act, and the Individuals with Disabilities Education Act.8 A discussion of these laws is beyond the scope of this guidance document. However, you can access more information at the following locations:

• U.S. Department of Education’s Office for Civil Rights: http://www2.ed.gov/about/offices/list/ocr/index.html

• ODE Office of Equity, Diversity and Inclusion:
http://www.oregon.gov/ode/students-and-family/equity/civilrights/Pages/default.aspx

For more information, contact: Lisa Bateman, Education Specialist
503.947.5655
[email protected]

 

—

Legal Guidance

(Harassment, Intimidation and Bullying)

 

      339.351 Definitions for ORS 339.351 to 339.364. As used in ORS 339.351 to 339.364:

      (1) “Cyberbullying” means the use of any electronic communication device to harass, intimidate or bully.

      (2) “Harassment, intimidation or bullying” means any act that:

      (a) Substantially interferes with a student’s educational benefits, opportunities or performance;

      (b) Takes place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation or at any official school bus stop;

      (c) Has the effect of:

      (A) Physically harming a student or damaging a student’s property;

      (B) Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property; or

      (C) Creating a hostile educational environment, including interfering with the psychological well-being of a student; and

      (d) May be based on, but not be limited to, the protected class status of a person.

      (3) “Protected class” means a group of persons distinguished, or perceived to be distinguished, by race, color, religion, sex, sexual orientation, national origin, marital status, familial status, source of income or disability. [2001 c.617 §2; 2007 c.647 §1; 2009 c.249 §1]

 

      339.353 Findings. (1) The Legislative Assembly finds that:

      (a) A safe and civil environment is necessary for students to learn and achieve high academic standards.

      (b) Harassment, intimidation or bullying and cyberbullying, like other disruptive or violent behavior, are conduct that disrupts a student’s ability to learn and a school’s ability to educate its students in a safe environment.

      (c) Students learn by example.

      (2) The Legislative Assembly commends school administrators, faculty, staff and volunteers for demonstrating appropriate behavior, treating others with civility and respect, refusing to tolerate harassment, intimidation or bullying and refusing to tolerate cyberbullying. [2001 c.617 §1; 2005 c.209 §32; 2007 c.647 §2]

 

      339.356 District policy required. (1) Each school district shall adopt a policy prohibiting harassment, intimidation or bullying and prohibiting cyberbullying. School districts shall develop the policy after consultation with parents, guardians, school employees, volunteers, students, administrators and community representatives.

      (2) School districts must include in the policy:

      (a) A statement prohibiting harassment, intimidation or bullying and prohibiting cyberbullying.

      (b) Definitions of “harassment,” “intimidation” or “bullying” and of “cyberbullying” that are consistent with ORS 339.351.

      (c) Definitions of “protected class” that are consistent with ORS 174.100 and 339.351.

      (d) A statement of the scope of the policy, including a notice that the policy applies to behavior at school-sponsored activities, on school-provided transportation and at any official school bus stop.

      (e) A description of the type of behavior expected from each student.

      (f) A procedure that is uniform throughout the school district for reporting an act of harassment, intimidation or bullying or an act of cyberbullying. A procedure established under this paragraph shall:

      (A) Identify by job title the school officials responsible for receiving such a report at a school.

      (B) Require a school employee to report an act of harassment, intimidation or bullying or an act of cyberbullying to a person identified under subparagraph (A) of this paragraph.

      (C) Identify any remedial action that may be imposed on a school employee for failure to make a report as required by subparagraph (B) of this paragraph.

      (D) Allow a student or volunteer to report an act of harassment, intimidation or bullying or an act of cyberbullying voluntarily and anonymously to a person identified under subparagraph (A) of this paragraph. Nothing in this subparagraph may be construed to permit remedial action solely on the basis of an anonymous report.

      (g) A procedure that is uniform throughout the school district for prompt investigation of a report of an act of harassment, intimidation or bullying or an act of cyberbullying. A procedure established under this paragraph shall identify by job title the school officials responsible for investigating such a report.

      (h) A procedure by which a person may request a school district to review the actions of a school in responding to a report of an act of harassment, intimidation or bullying or an act of cyberbullying or investigating such a report.

      (i) A statement of the manner in which a school and a school district will respond after an act of harassment, intimidation or bullying or an act of cyberbullying is reported, investigated and confirmed.

      (j) A statement of the consequences and appropriate remedial action for a person found to have committed an act of harassment, intimidation or bullying or an act of cyberbullying.

      (k) A statement prohibiting reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying or an act of cyberbullying and stating the consequences and appropriate remedial action for a person who engages in such reprisal or retaliation.

      (L) A statement of the consequences and appropriate remedial action for a person found to have falsely accused another of having committed an act of harassment, intimidation or bullying or an act of cyberbullying as a means of reprisal or retaliation, as a means of harassment, intimidation or bullying or as a means of cyberbullying.

      (m) A statement of how the policy is to be publicized within the district. At a minimum, a school district shall make the policy:

      (A) Annually available to parents, guardians, school employees and students in a student or employee handbook; and

      (B) Readily available to parents, guardians, school employees, volunteers, students, administrators and community representatives at each school office or at the school district office and, if available, on the website for a school or the school district.

      (n) The identification by job title of school officials and school district officials responsible for ensuring that the policy is implemented.

      (3) A school district that does not comply with the requirements of this section is considered nonstandard under ORS 327.103. [2001 c.617 §3; 2007 c.647 §3; 2009 c.249 §2; 2012 c.57 §1]

 

      339.359 Training programs; prevention task forces, programs and other initiatives. (1) School districts must incorporate into existing training programs for students and school employees information related to:

      (a) The prevention of, and the appropriate response to, acts of harassment, intimidation and bullying and acts of cyberbullying; and

      (b) The policy adopted under ORS 339.356.

      (2) School districts are encouraged to form task forces and to implement programs and other initiatives that are aimed at the prevention of, and the appropriate response to, acts of harassment, intimidation or bullying and acts of cyberbullying and that involve school employees, students, administrators, volunteers, parents, guardians, law enforcement and community representatives. [2001 c.617 §6; 2007 c.647 §4; 2009 c.249 §3; 2012 c.57 §2]

 

      339.360 [1965 c.100 §296; repealed by 1973 c.728 §6]

 

      339.362 Retaliation against victims and witnesses prohibited; school employee immunity. (1) A school employee, student or volunteer may not engage in reprisal or retaliation against a victim of, witness to or person with reliable information about an act of harassment, intimidation or bullying or an act of cyberbullying.

      (2)(a) A school employee who witnesses or has reliable information that a student has been subjected to an act of harassment, intimidation or bullying or an act of cyberbullying must report the act to the appropriate school official designated by the school district’s policy.

      (b) A student or volunteer who witnesses or has reliable information that a student has been subjected to an act of harassment, intimidation or bullying or an act of cyberbullying is encouraged to report the act to the appropriate school official designated by the school district’s policy.

      (3) A school employee who promptly reports an act of harassment, intimidation or bullying or an act of cyberbullying to the appropriate school official in compliance with the procedures set forth in the school district’s policy is immune from a cause of action for damages arising from any failure to remedy the reported act. [2001 c.617 §5; 2007 c.647 §5; 2012 c.57 §3]

 

      339.364 Victim may seek redress under other laws. ORS 339.351 to 339.364 may not be interpreted to prevent a victim of harassment, intimidation or bullying or a victim of cyberbullying from seeking redress under any other available law, whether civil or criminal. ORS 339.351 to 339.364 do not create any statutory cause of action. [2001 c.617 §7; 2007 c.647 §6] 

Oregon achieves . . . together!

Bullying Guidance September 2017

Bullying in schools is a serious issue, and one that deserves vigilant attention from school personnel and the community at large. The Oregon Department of Education (ODE) is committed to fostering safe, healthy, and supportive school environments that are free from harassment, intimidation, and bullying to ensure maximal learning opportunities for every student. The purpose of this question and answer (Q&A) document is to provide information to school personnel, parents, students, and community members regarding the rules and processes in place to address harassment, intimidation, and bullying in Oregon public schools. This Q&A provides summary information with footnotes provided for readers who wish to review relevant sections of the law. This document should be used as guidance and is not intended as legal advice.

  1. Does Oregon have a state law that prohibits bullying in schools?

Yes. Oregon’s laws related to harassment, intimidation, and bullying in public schools can be found in the Oregon Revised Statutes chapter 339, sections 351-364. The law can be viewed here in its entirety: https://www.oregonlegislature.gov/bills_laws/ors/ors339.html

  1. How is “harassment, intimidation, or bullying” defined?

Oregon law defines “harassment, intimidation, or bullying” as any act that:

  • Substantially interferes with a student’s educational benefits, opportunities, or performance;
  • Takes place on or immediately adjacent to school grounds, at any school- sponsored activity, on school-provided transportation or at any official school bus stop; and has the effect of: o Physically harming a student or damaging a student’s property; o Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property; or o Creating a hostile educational environment, including interfering with the psychological well-being of a student.1
  1. Does Oregon’s law include cyberbullying?

Yes. The law includes cyberbullying, which is defined as “the use of any electronic communication device to harass, intimidate, or bully.”2

1 ORS 339.351(2). 2 ORS 339.351(1).

Oregon achieves . . . together!

  1. Does Oregon law protect only certain groups from bullying?

No. Oregon law protects all students, recognizing that bullying “may be based on, but not be limited to, the protected class status of a person.”3

  1. How is “protected class” defined under Oregon law?

Oregon law defines protected class as a “group of persons distinguished, or perceived to be distinguished, by race, color, religion, sex, sexual orientation, national origin, marital status, familial status, source of income or disability.”4

  1. What must public school districts do to comply with the law?

The law requires school districts to adopt policies that:

  • Prohibit harassment, intimidation, bullying, and cyberbullying;
  • Require employees to report an act of harassment, intimidation, or bullying;
  • Allow students or volunteers to report harassment, intimidation, or bullying voluntarily and anonymously;
  • Create a uniform procedure for reporting harassment, intimidation, or bullying, and a process that the district will follow in investigating a report of harassment, intimidation, or bullying. This process must: o Identify by job title the school officials responsible for receiving and investigating reports of harassment, intimidation, or bullying; o Identify a procedure by which a person may request a school district to review the actions of a school in responding to a report of harassment, intimidation, or bullying; o Include a statement of the consequences and remedial action for a person found

to have committed an act of harassment, intimidation, or bullying; o Prohibit retaliation against any person who reports an act of harassment, intimidation, or bullying; and o Identify corrective action for one who falsely accuses another of harassment, intimidation, or bullying.5

  1. How do I find my district’s anti-bullying policy?

The law requires districts to make their policy “readily available . . . at each school office or at the school district office, and if available, on the website for a school or the school district.”6

3 ORS 339.351(2)(d). 4 ORS 339.351(3). 5 ORS 339.356. 6 ORS 339.356(2)(m)(B).

Oregon achieves . . . together!

  1. How does one report a concern regarding bullying?

Each school district has its own process for filing a bullying complaint. A written, dated complaint with specific facts is the best method. You should review the school district’s process carefully and ask questions of school district office personnel if you have questions about the method for filing a complaint. Be as objective and specific as possible so that a thorough investigation can be conducted.

  1. What if I file a report and am not satisfied with the school’s response?

The law requires school district policy to allow for a review at the district level if you are not happy with a school’s response to a report of bullying. Follow the procedures written in the district policy for requesting the district to review the actions of the school. Pay close attention to review deadlines.7

  1. Are there federal laws that protect against harassment, intimidation, and bullying?

Depending upon the unique facts and circumstances of a situation, there are federal laws that apply to certain protected classes in cases involving harassment, intimidation, or bullying. These include Title VI of the Civil Rights Act, Title IX of the Education Amendments Act, Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Amendments Act, and the Individuals with Disabilities Education Act.8 A discussion of these laws is beyond the scope of this guidance document. However, you can access more information at the following locations:

  • U.S. Department of Education’s Office for Civil Rights: http://www2.ed.gov/about/offices/list/ocr/index.html
  • ODE Office of Equity, Diversity and Inclusion: http://www.oregon.gov/ode/students-and-family/equity/civilrights/Pages/default.aspx

For more information, contact: Lisa Bateman, Education Specialist 503.947.5655 [email protected]

7 ORS 339.356(2)(h). 8 On October 26, 2010, the U.S. Department of Education’s Office for Civil Rights published a Dear Colleague Letter on school harassment and bullying. Available at: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html; On August 20, 2013, the U.S. Department of Education’s Office of Special Education and Rehabilitative Services published a Dear Colleague Letter specific to students with disabilities. Available at: http://www.ed.gov/news/press-releases/bullying-students-disabilities-addressed-guidance- america%E2%80%99s-schools; On October 21, 2014, the Office for Civil Rights published a Dear Colleague Letter and an accompanying Parent Fact Sheet on bullying of students with disabilities. Available at: http://www2.ed.gov/about/offices/list/ocr/frontpage/faq/rr/policyguidance/disability.html.

TO: School District Superintendents

FROM: Nancy Latini, Assistant Superintendent, Oregon Department of Education

RE: Harassment, Intimidation, and Bullying

Summary: School districts and charter schools must update their Harassment, Intimidation and Bullying policy and procedures with the passage of HB 2599.

The 2009 Legislature enacted House Bill 2599 which first applies to the 2009-2010 school year. All Oregon school districts and charter schools must update their harassment, intimidation, and bullying policy and procedures to be in compliance with this new law. Specifically, harassment, intimidation and bullying may include acts based on the protected class status of a person. In addition, districts and schools are now required to not only adopt a policy on harassment, intimidation and bullying but also to include specific requirements in the policy.

What is “harassment, intimidation and bullying?

“Harassment, intimidation or bullying” means any act that:
(a) Substantially interferes with a student’s educational benefits, opportunities or performance;
(b) Takes place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation or at any official school bus stop;
(c) Has the effect of:
(A) Physically harming a student or damaging a student’s property;
(B) Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property; or
(C) Creating a hostile educational environment, including interfering with the psychological well-being of a student; and
(d) May be based on, but not be limited to, the protected class status of a person.

“Protected class” means a group of persons distinguished, or perceived to be distinguished, by race, color, religion, sex, sexual orientation, national origin, marital status, familial status, source of income or disability.

What must a school district or public charter school policy include?

ORS 339.356, as amended by HB 2599, requires districts and schools to include the following in their policies:

(a) A statement prohibiting harassment, intimidation or bullying and prohibiting cyberbullying.
(b) Definitions of “harassment,” “intimidation” or “bullying” and of “cyberbullying” that are consistent with ORS 339.351.
(c) Definitions of “protected class” that are consistent with ORS 174.100 and 339.351.
(d) A statement of the scope of the policy, including a notice that the policy applies to behavior at school-sponsored activities, on school-provided transportation and at any official school bus stop.
(e) A description of the type of behavior expected from each student.
(f) A statement of the consequences and appropriate remedial action for a person who commits an act of harassment, intimidation or bullying or an act of cyberbullying.
(g) A procedure that is uniform throughout the school district for reporting an act of harassment, intimidation or bullying or an act of cyberbullying. A procedure established under this paragraph shall identify by job title the school officials responsible for receiving such a report at a school and shall allow a person to report an act of harassment, intimidation or bullying or an act of cyberbullying anonymously. Nothing in this paragraph may be construed to permit formal disciplinary action solely on the basis of an anonymous report.
(h) A procedure that is uniform throughout the school district for prompt investigation of a report of an act of harassment, intimidation or bullying or an act of cyberbullying. A procedure established under this paragraph shall identify by job title the school officials responsible for investigating such a report.
(i) A procedure by which a person may request a school district to review the actions of a school in responding to a report of an act of harassment, intimidation or bullying or an act of cyberbullying or investigating such a report.
(j) A statement of the manner in which a school and a school district will respond after an act of harassment, intimidation or bullying or an act of cyberbullying is reported, investigated and confirmed.
(k) A statement of the consequences and appropriate remedial action for a person found to have committed an act of harassment, intimidation or bullying or an act of cyberbullying.
(L) A statement prohibiting reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying or an act of cyberbullying and stating the consequences and appropriate remedial action for a person who engages in such reprisal or retaliation.
(m) A statement of the consequences and appropriate remedial action for a person found to have falsely accused another of having committed an act of harassment, intimidation or bullying or an act of cyberbullying as a means of reprisal or retaliation, as a means of harassment, intimidation or bullying or as a means of cyberbullying.
(n) A statement of how the policy is to be publicized within the district. At a minimum, a school district shall make the policy:
(A) Annually available to parents, guardians, school employees and students in a student or employee handbook; and
(B) Readily available to parents, guardians, school employees, volunteers, students, administrators and community representatives at each school office or at the school district office and, if available, on the website for a school or the school district.
(o) The identification by job title of school officials and school district officials responsible for ensuring that policy is implemented.

What are the consequences for noncompliance with HB2599?

Districts that do not comply with the requirements of ORS 339.351 to 339.364 (as amended by HB 2599) are considered nonstandard under ORS 327.103.

What else does HB2599 recommend for districts and schools?

Districts are encouraged to incorporate into existing training programs for students and school employees, information related to the prevention of, and the appropriate response to, acts of harassment, intimidation, bullying, and cyber bullying.

In Oregon we have a strong evidenced based approach to behavioral practices that includes a focus on Positive Behavior Supports (PBS). Many Oregon schools are implementing PBS which allows a framework for decision making that guides the implementation of appropriate interventions and results in significant improvement in social outcomes. The PBS website has a Bully Prevention Manual that attends to reducing bullying behavior through blending school wide PBS and explicit instruction. These resources are available for elementary and middle schools. Materials are located at www.pbis.org. We strongly suggest districts consider these materials.

Districts are encouraged to form task forces, and to implement programs and other initiatives that are aimed at the prevention of, and the appropriate response to, acts of harassment, intimidation, bullying, and cyberbullying, and that involve school employees, students, administrators, volunteers, parents, guardians, and community representatives.

How does HB 2599 apply to public charter schools?

Public charter schools are required to comply with all health and safety laws that apply to school districts and other public schools. Laws such as HB 2599 that contain requirements relating to harassment, bullying and intimidation are considered to be health and safety laws.

For information:
See ORS 339.351 to 339.364 and ORS 338.115.
See enrolled HB 2599 (2009) at: https://olis.leg.state.or.us/liz/2009R1/Measures/Overview/HB2599

Contacts: Scott Hall at [email protected] or Cindy Hunt at [email protected] .

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