Definitions

The Reid Law provides that “[n]o student shall be subjected to harassment or bullying, including cyberbullying, by other students on school property or at a school function.” It defines “harassment” and “bullying” collectively as the “creation of a hostile environment by [verbal or non-verbal] conduct, or by threats, intimidation, or abuse, including cyberbullying, that

(a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being;

(b) reasonably causes or would reasonably be expected to cause a student to fear for their physical safety;

(c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or

(d) occurs off school property and creates, or would foreseeably create, a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property.”

“Cyberbullying” is defined as harassment or bullying that “occurs through any form of electronic communication.”

Policy

The Reid Law requires that schools adopt an anti-bullying and harassment policy. The policy should be in age-appropriate plain language and must include a definition of harassment and bullying, along with information on reporting, investigating, and documenting such conduct. Further, the policy must include an age-appropriate process for notifying victim(s) about the final outcome of an investigation.

Schools are required to publish this policy on their website or internal parent and student portal. The policy must be shared annually with employees, parents, and students.

Employee reporting

Under the Reid Law, employees who witness harassment or bullying or receive a report of harassment or bullying, must orally notify the head of school (or their designee) or the principal no later than one school day after witnessing the conduct or receiving the report, and they must follow up with a written report within two school days after making the oral report.

Investigations

Heads of school (or their designees) or principals must promptly investigate any report of harassment or bullying. They must then communicate their findings with the victim(s), as well as take immediate steps and follow up in a manner reasonably calculated to 1) ensure the safety of the student(s), 2) ensure that such conduct has stopped, and 3) protect against retaliation.

Next steps

All nonpublic schools should review and update their current anti-bullying and harassment policies to reflect the new requirements under the Reid Law. In addition, schools should train employees on the new reporting obligations described above and should create internal forms for employee written reports. Further, schools should establish investigation and notification protocols and train those leading investigations accordingly.

Our experienced McDermott Will & Schulte lawyers are available to help you review and revise existing policies, create internal reporting forms, and respond to reports in a thoughtful and complaint manner.

If you have any questions concerning this client alert, please contact your McDermott Will & Schulte lawyer or one of the authors.