74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2637
Sponsored by Representative HUNT; Representatives COWAN, C
EDWARDS, D EDWARDS, KOMP, NATHANSON, ROBLAN, Senators DEVLIN,
GORDLY, MORRISETTE
CHAPTER ................
AN ACT
Relating to cyberbullying; creating new provisions; amending ORS
339.351, 339.353, 339.356, 339.359, 339.362 and 339.364; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.351 is amended to read:
339.351. 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 substantially interferes with a student's educational
benefits, opportunities or performance, that 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 that has the effect of:
{ - (1) - } { + (a) + } Physically harming a student or
damaging a student's property;
{ - (2) - } { + (b) + } Knowingly placing a student in
reasonable fear of physical harm to the student or damage to the
student's property; or
{ - (3) - } { + (c) + } Creating a hostile educational
environment.
SECTION 2. ORS 339.353 is amended to read:
339.353. (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,
{ - is - } { + 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 { - legislature - } { + Legislative Assembly + }
commends school administrators, faculty, staff and volunteers for
demonstrating appropriate behavior, treating others with civility
and respect { + , + }
{ - and - } refusing to tolerate harassment, intimidation or
bullying { + and refusing to tolerate cyberbullying + }.
SECTION 3. ORS 339.356 is amended to read:
339.356. (1) Each school district shall adopt a policy
prohibiting harassment, intimidation or bullying { + and
Enrolled House Bill 2637 (HB 2637-A) Page 1
prohibiting cyberbullying + }. School districts are encouraged to
develop the policy after consultation with parents and guardians,
school employees, volunteers, students, administrators and
community representatives.
(2) School districts are encouraged to include in the policy:
(a) A statement prohibiting harassment, intimidation or
bullying { + and prohibiting cyberbullying + };
(b) { - A definition - } { + Definitions + } of harassment,
intimidation or bullying { + and of cyberbullying + } that
{ - is - } { + are + } consistent with ORS 339.351;
(c) A description of the type of behavior expected from each
student;
(d) 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 + };
(e) A procedure for reporting an act of harassment,
intimidation or bullying { + or an act of cyberbullying + },
including a provision that permits 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;
(f) A procedure for prompt investigation of a report of an act
of harassment, intimidation or bullying { + or an act of
cyberbullying + };
(g) A statement of the manner in which a school district will
respond after an act of harassment, intimidation or bullying
{ + or an act of cyberbullying + } is reported, investigated and
confirmed;
(h) 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 + };
(i) 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;
(j) 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 { + , + }
{ - or - } as a means of harassment, intimidation or
bullying { + or as a means of cyberbullying + };
(k) A statement of how the policy is to be publicized within
the district, including a notice that the policy applies to
behavior at school-sponsored activities; and
(L) The identification by job title of school officials
responsible for ensuring that policy is implemented.
SECTION 4. ORS 339.359 is amended to read:
339.359. School districts are encouraged to form
{ - harassment, intimidation or bullying prevention - } task
forces, programs { - , - } and other initiatives
{ - involving - } { + that are aimed at the prevention of
harassment, intimidation or bullying and of cyberbullying and
that involve + } school employees, students, administrators,
volunteers, parents, guardians, law enforcement and community
representatives.
SECTION 5. ORS 339.362 is amended to read:
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339.362. (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 school employee, 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.
SECTION 6. ORS 339.364 is amended to read:
339.364. 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.
SECTION 7. { + The amendments to ORS 339.351, 339.353, 339.356
and 339.359 by sections 1 to 4 of this 2007 Act first apply to
the 2007-2008 school year. + }
SECTION 8. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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Passed by House May 7, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 14, 2007
...........................................................
President of Senate
Enrolled House Bill 2637 (HB 2637-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2637 (HB 2637-A) Page 4