1. Abuse (physical, sexual, verbal, or mental, as defined above); 2. Bullying, cyberbullying, harassment (including sexual harassment), or hazing; 3. Discrimination based on race, ethnicity, gender, sexual orientation, religion (or lack of religious affiliation or belief), or disability; 4. Boundary violations; 5. Sharing any sexually explicit or lewd communication, image, or photograph; 6. Allowing students in their homes for a school-related social activity without prior written permission of the principal; 7. Dating or any type of romantic or sexual relationship or conduct; 8. Requests for sexual activity or sexually suggestive comments; or 9. Touching a student in a way that makes a reasonably objective student feel uncomfortable.
Utah Admin. Rules R277-517-3(2) (January 10, 2017) Utah Admin. Rules R277-515-2(1) (December 1, 2017) Utah Code § 63G-7-301(3)(a)(i), (b) (2019)
The foregoing prohibitions apply to staff interaction with any student presently enrolled in the District and to staff interaction with any student who was enrolled in the District within the time period two (2) years before the conduct in question. Flaskamp v. Dearborn Public Schools, 385 F.3d 935, 944 (6th Cir. 2004). The District recognizes that in circumstances where a staff member and a student have a relationship which is independent of and does not arise out of the school context, interactions which would be a boundary violation in the absence of that independent relationship may not constitute a boundary violation. (Examples of such independent relationships include where the staff member and student are family members or otherwise closely related or where the staff member and student are both affiliated with a non-school organization and the interaction relates to or arises out of that relationship.) The other prohibitions listed above apply regardless of the existence of an independent, non-school relationship. Violation of any of the prohibitions of this policy is grounds for employee disciplinary action up to and including termination of employment and for action up to and including termination of the District’s relationship with a contractor or volunteer. Reporting Requirements Staff members are required to promptly report any suspected incidents of abuse (physical, verbal, sexual, or mental) or neglect, including suspected incidents of child abuse as provided in Policy DDA. Staff members are also required to report incidents of student prohibited acts under Policy DDB, which includes hazing and demeaning or assaultive behavior). Staff members shall also report incidents of bullying, cyberbullying, and harassment. Utah Admin. Rules R277-517-3(2)(j)(i) (January 10, 2017) Staff members are also required to report any instance of violation of this Code of Conduct policy, including but not limited to instances of sexual harassment as provided by Policy DKB. If a staff member becomes aware that a student has initiated any interaction with a staff member which would be improper or inappropriately familiar, the staff member must promptly document and report that incident.
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