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21LSO-0093
2021
STATE OF WYOMING
21LSO-0093
Numbered
2.0
SENATE FILE NO. SF0059
Hazing.
Sponsored by: Joint Education Interim Committee
A BILL
for
AN ACT relating to education; requiring school districts to adopt a policy on hazing in addition to policies on harassment, intimidation or bullying, requiring the University of Wyoming and the community colleges to adopt policies on hazing; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 21
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312(a) by creating a new paragraph (iii) and by renumbering (iii) as (iv), 21
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313(a)(i) and (ii), 21
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314(a), (b)(intro), (i) through (iv), (vi), (vii) and (ix), (c), (e) and (f),
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204 by creating a new subsection (d) and 21
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304(a) by creating a new paragraph (xii) are amended to read:
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312.
Definitions.
(a)
As used in this act:
(iii)
"Hazing" means an intentional act or situation that is committed for the purpose of membership or affiliation with a group, team or other person and that causes embarrassment, harassment or ridicule or risks emotional or physical harm to a student or employee. "Hazing" can occur regardless of the person's willingness or consent to participate in the act or situation;
(iii)
(iv)
"This act" means W.S. 21
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311 through 21
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315.
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313.
Prohibition against hazing or harassment, intimidation or bullying; reporting to school officials.
(a)
No person shall engage in:
(i)
Hazing or h
arassment, intimidation or bullying; or
(ii)
Reprisal or retaliation against a victim, witness or person who reports information about an act of
hazing or
harassment, intimidation or bullying.
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314.
School district implementation; state policies, training and technical assistance.
(a)
Not later than December 31, 2009,
E
ach school district shall adopt a policy prohibiting
hazing and
harassment, intimidation or bullying at school.
The school district shall involve parents and guardians, school employees, volunteers, students, administrators and community representatives in the process of creating the policy.
Policies created under this section shall be continuously reviewed and may be revised as necessary.
(b)
The policy prohibiting
hazing and
harassment, intimidation or bullying shall include, without limitation:
(i)
A statement prohibiting harassment, intimidation or bullying of a student
and a statement prohibiting hazing
;
(ii)
A definition of "harassment, intimidation or bullying" which includes at minimum the definition as provided in W.S. 21
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312(a)(i)
and a definition of "hazing" which includes at minimum the definition as provided in W.S. 21
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312(a)(iii)
;
(iii)
Consequences and appropriate remedial actions for persons committing acts of
hazing or
harassment, intimidation or bullying or engaging in reprisal or retaliation;
(iv)
Procedures for reporting and documenting acts of
hazing or
harassment, intimidation or bullying, including a provision for reporting anonymously.
However, formal disciplinary action shall not be taken solely on the basis of an anonymous report.
The procedures shall
identify the appropriate school personnel responsible for receiving a report and investigating a complaint;
(vi)
A statement that prohibits reprisal or retaliation against a person who reports or makes a complaint of
hazing or
harassment, intimidation or bullying;
(vii)
A strategy for protecting a victim from additional
hazing or
harassment, intimidation or bullying, and from retaliation following a report;
(ix)
A process for discussing the district's
hazing and
harassment, intimidation or bullying policy with students; and
(c)
To assist local school districts in developing a policy under subsection (b) of this section, the department of education shall
not later than September 1, 2009,
develop model policies applicable to grades kindergarten through twelve (12) and teacher preparation program standards on the identification and prevention of
hazing
and harassment, intimidation or
bullying.
In addition, the department shall provide necessary training programs and technical assistance to districts in carrying out this act.
(e)
Information regarding the school district's policy against
hazing and
harassment, intimidation or bullying shall be incorporated into each district's professional development programs and shall be provided to volunteers and other noncertified employees of the district who have significant contact with students.
(f)
School districts may establish
hazing and harassment, intimidation or
bullying prevention programs or other initiatives and may involve school staff, students, administrators, volunteers, parents, law enforcement and community members.
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204.
Additional powers and duties; sectarian or partisan instruction or test prohibited.
(d)
To provide for the government of students, the board of trustees shall adopt a policy prohibiting hazing.
The policy shall include a definition of "hazing" which includes at minimum the definition as provided in W.S. 21
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312(a)(iii).
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304.
District board generally; duties.
(a)
The community college district board shall:
(xii)
Adopt a policy prohibiting hazing. The policy shall include a definition of "hazing" which includes at minimum the definition as provided in W.S. 21
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312(a)(iii).
Section 2
.
(a)
Not later than November 1, 2021, the department of education shall develop model policies applicable to grades kindergarten through twelve (12) and teacher preparation program standards on the identification and prevention of hazing as provided in W.S. 21
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314(c), as amended in section 1 of this act.
(b)
Not later than July 1, 2022, each school district shall adopt a policy prohibiting hazing as provided in W.S. 21
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314(a) and (b), as amended in section 1 of this act.
Section 3
.
This act is effective July 1, 2021
.
(END)
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SF0059