3.38—LICENSED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING

Definitions

“Attribute” means an actual or perceived personal characteristic including without limitation race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, or sexual orientation;

“Bullying” means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act that:
1. May address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated;
2. Involves an actual or reasonably perceived power imbalance;
3. Is repeated or has a high likelihood of repetition; and
4. Causes or creates actual or reasonably foreseeable:

Physical harm to a public school employee or student or damage to the public school employee's or student's property;
Substantial interference with a student's education or with a public school employee's role in education;
A hostile educational environment for one (1) or more students or public school employees due to the severity, persistence, or pervasiveness of the act; or
Substantial disruption of the orderly operation of the school or educational environment;

Examples of "Bullying" include, but are not limited to, a pattern of behavior involving one or more of the following:

Cyberbullying;
Sarcastic comments "compliments" about another student’s personal appearance or actual or perceived attributes,
Pointed questions intended to embarrass or humiliate,
Mocking, taunting, or belittling,
Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person,
Demeaning humor relating to a student’s actual or perceived attributes,
Blackmail, extortion, demands protection money or other involuntary donations or loans,
Blocking access to school property or facilities,
Deliberate physical contact or injury to person or property,
Stealing or hiding books or belongings,
Threats of harm to student(s), possessions, or others,
Sexual harassment, as governed by policy 3.26, is also a form of bullying, and/or
Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether the student self-identifies as homosexual or transgender (Examples: “Slut”, “You are so gay.”, “Fag”, “Queer”).

“Cyberbullying” means any form of communication by electronic act that is sent with the purpose to:

Harass, intimidate, humiliate, ridicule, defame, or threaten a student, school employee, or person with whom the other student or school employee is associated; or
Incite violence towards a student, school employee, or person with whom the other student or school employee is associated.

Cyberbullying of School Employees includes, but is not limited to:

Building a fake profile or website of the employee;
Posting or encouraging others to post on the Internet private, personal, or sexual information pertaining to a school employee;
Posting an original or edited image of the school employee on the Internet;
Accessing, altering, or erasing any computer network, computer data program, or computer software, including breaking into a password-protected account or stealing or otherwise accessing passwords of a school employee;
Making repeated, continuing, or sustained electronic communications, including electronic mail or transmission, to a school employee;
Making, or causing to be made, and disseminating an unauthorized copy of data pertaining to a school employee in any form, including without limitation the printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network;
Signing up a school employee for a pornographic Internet site; or
Without the authorization of the school employee, signing up a school employee for electronic mailing lists or to receive junk electronic messages and instant messages.

Cyberbullying is prohibited whether or not the cyberbullying originated on school property or with school equipment if the cyberbullying results in the substantial disruption of the orderly operation of the school or educational environment or are directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school and has a high likelihood of succeeding in that purpose.

“Harassment” means a pattern of unwelcome verbal or physical conduct relating to another person's constitutionally or statutorily protected status that causes, or reasonably should be expected to cause, substantial interference with the other's performance in the school environment; and

“Substantial disruption” means without limitation that any one or more of the following occurs as a result of the bullying:

Necessary cessation of instruction or educational activities;
The inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;
Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or
Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.

Teachers and other school employees who have witnessed, or are reliably informed that a student has been a victim of bullying as defined in this policy, including a single action which if allowed to continue would constitute bullying, shall report the incident(s) to the building principal, or designee, as soon as possible.

The person or persons reporting behavior they consider to be bullying shall not be subject to retaliation or reprisal in any form.

District staff is required to help enforce the implementation of the district’s anti-bullying policy. Students who bully another person are to be held accountable for their actions whether they occur on school equipment or property; off school property at a school-sponsored or school-approved function, activity, or event; going to or from school, or a school activity in a school vehicle or school bus; or at designated school bus stops. Students are encouraged to report behavior they consider to be bullying, including a single action which if allowed to continue would constitute bullying, to their teacher or the building principal. The report may be made anonymously.

A building principal, or designee, who receives a credible report or complaint of bullying shall:

As soon as reasonably practicable, but by no later than the end of the school day following the receipt of the credible report of bullying:
Report to a parent, legal guardian, a person having lawful control of a student, or person standing in loco parentis of a student that their student is the victim in a credible report of bullying; and
Prepare a written report of the alleged incident of bullying;
Promptly investigate the credible report or complaint of bullying, which shall be completed by no later than the fifth (5th) school day following the completion of the written report.
Notify within five (5) days following the completion of the investigation the parent, legal guardian, a person having lawful control of a student, or person standing in loco parentis of a student who was the alleged victim in a credible report of bullying whether the investigation found the credible report or complaint of bullying to be true and the availability of counseling and other intervention services.
Notify within five (5) days following the completion of the investigation the parent, legal guardian, a person having lawful control of the student, or person standing in loco parentis of the student who is alleged to have been the perpetrator of the incident of bullying:
That a credible report or complaint of bullying against their student exists;
Whether the investigation found the credible report or complaint of bullying to be true;
Whether an action was taken against their student upon the conclusion of the investigation of the alleged incident of bullying; and
Information regarding the reporting of another alleged incident of bullying, including potential consequences of continued incidents of bullying;
Make a written record of the investigation, which shall include:
A detailed description of the alleged incident of bullying, including without limitation a detailed summary of the statements from all material witnesses to the alleged incident of bullying;
Any action was taken as a result of the investigation; and
Discuss, as appropriate, the availability of counseling and other intervention services with students involved in the incident of bullying.

District employees are held to a high standard of professionalism, especially when it comes to employee-student interactions. Actions by a District employee towards a student that would constitute bullying if the act had been performed by a student shall result in disciplinary action, up to and including termination. This policy governs bullying directed towards students and is not applicable to adult on adult interactions. Therefore, this policy does not apply to interactions between employees. Employees may report workplace conflicts to their supervisors. In addition to any disciplinary actions, the District shall take appropriate steps to remedy the effects resulting from bullying.

To prevent multiple, simultaneous investigations into the same alleged conduct, if the facts that support an alleged incident of bullying may also constitute a violation of another District policy; State or Federal law; State rule; or Federal regulation, then the District shall investigate and dispose of the alleged incident of bullying in accordance with the other applicable District policy; State or Federal law; State rule; or federal regulation in lieu of the requirements of this policy.

Legal References: A.C.A. § 6-18-514
DESE Rules Governing Student Discipline

Date Adopted: May 11, 2009
Last Revised: February 4, 2026