1. (a)

   1. (1) The Division of Youth Services and its contract provider shall follow state and federal laws, rules, and regulations as applicable to students in division residential facilities.
   2. (2) As a system of education, the division shall follow all applicable rules as set forth by the Department of Education.
   3. (3) The division is committed to providing students and staff at its residential facilities, whether operated by the division or its contracted providers, with a safe environment free from discrimination and harassment.

2. (b)

   1. (1) Residential program staff shall actively encourage students to report any behavior they consider to be bullying, whether directed at themselves or another student.

   2. (2) Students shall be advised that reports of bullying may be made verbally or in writing to any division or provider, including without limitation to any:

      1. (A) Teacher;
      2. (B) Principal;
      3. (C) Counselor; or
      4. (D) Residential unit staff.
   3. (3) The reports under this subsection may be made anonymously.
   4. (4) A division incident report shall be filed in the JJIS outlining the alleged incident.

3. (c) A school principal or his or her designee who receives a report or complaint of bullying shall:

   1. (1) Promptly investigate the complaint or report; and
   2. (2) Make a record of the investigation and any action taken as a result of the investigation to the School Superintendent and facility director.
4. (d) Teachers, staff members, or other employees who have witnessed bullying or have received a report that a student has been a victim of behavior considered to be bullying shall make a written report of the behavior to the facility director.
5. (e) Facility staff shall conduct an investigation as soon as reasonably practicable, but no later than five (5) days from the date of the written report of the alleged incident.

6. (f)

   1. (1) A record of investigation shall be entered into the JJIS.

   2. (2) The record under subdivision (f)(1) of this section shall:

      1. (A) Include a detailed description of the alleged incident;
      2. (B) Include a detailed summary of the statement from all material witnesses; and
      3. (C) Discuss the services offered to the youth involved.

7. (g) Once the investigation is complete, the division or a provider may:

   1. (1) Provide intervention services;
   2. (2) Establish training programs to reduce bullying;
   3. (3) Impose discipline on any of the parties involved in the incident;
   4. (4) Recommend counseling for any of the parties involved in the incident; or
   5. (5) Take or recommend other appropriate action.
8. (h) The person or persons reporting behavior they consider to be bullying shall not be subject to retaliation or reprisal in any form.

9. (i)

   1. (1) If at any time a staff member believes a student is at imminent risk of serious physical, psychological, or emotional harm as a result of bullying, immediate action shall be taken in accordance with facility procedures to protect that student.
   2. (2) This section does not require any division or provider staff to complete an investigation before taking protective action.

10. (j)

    1. (1) A report shall be made to a parent or legal guardian of any student believed to be the victim of an incident or credible report or complaint of bullying.

    2. (2) The report under subdivision (j)(1) of this section shall be entered into the JJIS and:

       1. (A) Be made within five (5) business days after the completion of the investigation;
       2. (B) State the following:

11. (i) That a credible report or complaint exists;

    1. (ii) Whether the report was found to be true; and

       1. (iii) Whether action was taken; and
       2. (C) Include information regarding the reporting of another incident of bullying.

12. (k)

    1. (1) A report shall be made to the parent or legal guardian of the youth who is determined to have been the perpetrator of bullying.

    2. (2) The report under subdivision (k)(1) of this section shall be entered into the JJIS and:

       1. (A) Be made within five (5) days after the completion of the investigation; and

       2. (B) State information regarding the consequences of continued incidents of bullying.

          1. (l)

    3. (1) Notice of what constitutes bullying, the division’s prohibition against bullying, and the consequences for students who bully shall be conspicuously posted in every:

       1. (A) Classroom;
       2. (B) Cafeteria;
       3. (C) Restroom;
       4. (D) Gymnasium;
       5. (E) Auditorium; and
       6. (F) Transportation vehicle.

    4. (2) Parents, students, school volunteers, and employees shall be given copies of the notice under subdivision (l)(1) of this section.

       1. (m) Division staff or provider staff found to be in violation of this part shall be subject to disciplinary action.

Codification Notes: “JJIS” means Juvenile Justice Information System.