Policy Analysis

POLICY 5580

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STUDENTS: Conduct

Bullying, Cyberbullying, Harassment or Intimidation

I. Policy Statement

A. The Board’s Mission. The Board of Education of Baltimore County (Board)

is committed to ensuring that every student learns in an environment that is

safe and secure and conducive to learning. The Board believes that bullying,

cyberbullying, harassment and intimidation are disruptive to learning and can

adversely affect academic achievement, emotional well-being and school

climate.

B. Applicability

1. The Board strictly prohibits bullying, cyberbullying, harassment or

intimidation of any person in Baltimore County Public Schools

(BCPS). Board Policy 5580 and its implementing Superintendent’s

rule apply to students:

a. When participating in school-sponsored activities on school

property or held off school property, including but not limited

to: field trips, extracurricular activities or social events:

b. When traveling on a school bus, or other official means of

transportation, on the way to and/or from school, and/or when

participating in school-sponsored activities;

c. During virtual instruction; and

d. When an alleged act of bullying, cyberbullying, harassment or

intimidation takes place off school grounds, provided that a

nexus exists between the off-campus conduct and conduct on

school property or school-sponsored activity.

2. The Board prohibits bullying, cyberbullying, harassment or

intimidation off school property that the school administrator’s

investigation determines creates a substantial disruption to the orderly

operation of the school the orderly operation of a school.

C. The Board further prohibits reprisal or retaliation against individuals who

report acts of bullying, cyberbullying, harassment or intimidation or who are

targets, witnesses, bystanders or others with reliable information about an act

of bullying, cyberbullying, cyberbullying, harassment or intimidation.

II. Purpose

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All students have the right to be free from bullying, cyberbullying, harassment or

intimidation. The Board is committed to providing a safe, productive and inclusive

learning environment. Bullying problems are symptomatic of relationship problems

best addressed holistically by students, schools, parents/caregivers and the entire

community. Maryland schools should be places where students are surrounded by

caring adults who encourage students to treat others with kindness and empathy,

while helping to build a relationship-focused, welcoming, school environment

fostering academic and personal growth for every student.

III. Definitions

A. Bullying – Is unwanted, demeaning behavior among students that involves a

real or perceived power imbalance. The behavior is repeated, or is highly

likely to be repeated, over time. To be considered bullying, the behavior

must be intentional and include:

1. An imbalance or perceived imbalance of power (students who bully

use their physical, emotional, social or academic power to control,

exclude or harm others); and

2. Repetition (bullying behaviors happen more than once or are highly

likely to be repeated based on evidence gathered).

B. Cyberbullying – Is bullying that takes place over digital devices like cell

phones, computers and tablets. Cyberbullying can occur through texting,

apps or online via social media, forums or gaming where people can view,

participate in or share content. Cyberbullying includes sending, posting or

sharing negative, harmful, false or hurtful content about another student. It

can include sharing personal or private information about someone else

causing embarrassment or humiliation.

C. Harassment – Includes actual or perceived negative actions that offend,

ridicule or demean another student with regard to race, ethnicity, national

origin, immigration status, family/parental or marital status, sex, sexual

orientation, gender identity, gender expression, religion, ancestry, physical

attributes, socioeconomic status, physical or mental ability or disability.

D. Intimidation – Is any communication or action directed against another

student that threatens or induces a sense of fear and/or inferiority. Retaliation

may be considered a form of intimidation.

E. Parent – The biological or adoptive parent, legal guardian or person acting

in the absence of the parent or guardian.

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F. Perceived Power Imbalance – A student’s perception or belief that the

harasser has more power authority than the student who is being bullied.

G. School Property – Any Board-owned, controlled or leased property or

vehicle regardless of whether students are present.

IV. Standards

A. The Superintendent will implement a systemwide anti-bullying initiative that

includes prevention, intervention, consequences and remedial actions for any

person engaged in, making a false accusation of and/or committing an act of

reprisal or retaliation related to bullying, cyberbullying, harassment or

intimidation.

B. Procedures

The Board delegates authority to the Superintendent to take necessary and

appropriate actions to establish, implement and maintain procedures to

ensure that all schools comply with the Maryland State Board of Education’s

(MSDE) Model Policy to Address Bullying, Harassment or Intimidation.

The procedures will include, but not be limited to the following:

1. Using the Bullying, Harassment, or Intimidation Report Form to

report alleged incidents of bullying, cyberbullying, harassment or

intimidation.

2. Creating a reporting process for use in schools that includes

systemwide reporting to MSDE.

3. Reporting, investigating and providing prompt notice of an act of

bullying, cyberbullying, harassment or intimidation to include:

a. Promptly investigating acts of bullying, cyberbullying,

harassment or intimidation;

b. Providing prompt notice to parents;

c. Providing the student with a practical, safe, private and age-

appropriate way of discussing an incident of bullying,

cyberbullying, harassment or intimidation if a student

expresses a desire to do so and to assist students, upon request,

in completing the Bullying, Harassment or Intimidation

Reporting Form at school; and

d. Providing standard consequences and remedial actions for

students committing acts of bullying, cyberbullying,

harassment or intimidation, students engaged in reprisal or

retaliation and students who have made false accusations.

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4. Communicating the availability of the Bullying, Harassment or

Intimidation Reporting Form by:

a. Informing staff about the availability of the Bullying,

Harassment or Intimidation Report Form during opening-of-

school meetings and then periodically throughout the school

year;

b. Informing Students and parents annually in the student

handbook of the Board’s Bullying, Cyberbullying, Harassment

or Intimidation policy, its implementing rule and the

availability of the Bullying, Harassment or Intimidation Report

Form on the school system Web site and any other location the

Superintendent deems appropriate; and

c. Publishing a description about the availability of the Bullying,

Harassment or Intimidation Reporting Form on the school

system’s Web site and by providing a user-friendly, online

platform for students, staff, parents, caregivers or close adult

relatives to be able to complete the Bullying, Harassment or

Intimidation Report Form.

5. Providing interventions and supports for students involved in bullying

situations.

6. Providing prevention and educational programs, aligned to the school

system’s anti-bullying initiative, for students, parents, teachers, other

staff, administrators and volunteers to prevent bullying,

cyberbullying, harassment and intimidation incidents in schools.

7. Providing annual professional learning for school administrators and

teachers on implementation of Board Policy and Superintendent’s

Rule 5580.

8. Requiring annual training for all employees on recognizing, reporting

and responding to acts of bullying, cyberbullying, harassment and

intimidation.

D. A student who is found to have violated this policy shall be disciplined in

accordance with Board Policy 5550, Student Behavior Code.

V. Limitations of Liability

In accordance with State law, a school employee who reports an act of bullying,

cyberbullying, harassment or intimidation under § 7-424.1 of the Education Article,

in accordance with this policy, is not civilly liable for any act or omission in reporting

or failing to report an act of bullying, cyberbullying, harassment or intimidation.

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VI. Review

In accordance with State law, Board Policy 5580 shall be reviewed every 5 years,

based on the Maryland State Board of Education’s update of Maryland’s Model

Policy to Address Bullying, Harassment or Intimidation and submitted to the

Maryland State Superintendent.

VII. Reporting

The Superintendent will report to the Board on the implementation of this policy at

least once a year.

VIII. Implementation

The Board directs the Superintendent to implement this policy.

Legal References: 20 U.S.C. § 1232g, Family Educational Rights and Privacy Act

(FERPA)

20 U.S.C. § 1681, Et Seq., Title IX of the Education Amendments

of 1972

34 CFR Part 106, Nondiscrimination on the Basis of Sex in Education

Programs or Activities Receiving Federal Financial Assistance

Annotated Code of Maryland, Criminal Law Article § 3-805, Misuse

of Electronic Communication or Interactive Computer Service

Annotated Code of Maryland, Education Article § 7-424, Reporting

Incidents of Harassment or Intimidation Against Students

Annotated Code of Maryland, Education Article § 7-424.1, Model

Policy Prohibiting Bullying, Harassment or Intimidation

Annotated Code of Maryland, Education Article § 7-424.3, Bullying,

Harassment and Intimidation Policy

COMAR 13A.01.04.03, School Safety

COMAR 13A.08.01.15, Reporting Delinquent Acts

COMAR 13A.08.02, Student Records

Related Policies: Board of Education Policy 0100, Equity

Board of Education Policy 4100, Employee Conduct and

Responsibilities

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Board of Education Policy 4104, Acceptable Use Policy for

Technology and Social Media (TAUP) for Authorized Users

Board of Education Policy 5230, Student Records

Board of Education Policy 5500, Code of Student Conduct

Board of Education Policy 5510, Positive School Climate

Board of Education Policy 5550, Student Behavior Code

Board of Education Policy 5560, Suspensions and Expulsions

Board of Education Policy 5600, Students’ Responsibilities and

Rights

Board of Education Policy 6202, Technology Acceptable Use Policy

(TAUP) for Students

Implementing Rule: Superintendent’s Rule 5580, Bullying, Cyberbullying, Harassment or

Intimidation

Implementing Form: Bullying, Harassment or Intimidation Reporting Form

Other: BCPS Electronic Online Bullying, Harassment or Intimidation

Reporting Form

Policy Board of Education of Baltimore County

Adopted: 07/14/09

Revised: 04/22/14

Revised: 12/06/16

Revised: 04/14/20

Revised: 05/17/22 (Effective 08/06/22)