1. causing physical or emotional harm to the school employee or student; 
2. causing damage to the school employee’s or student’s property; 
3. placing the school employee or student in reasonable fear of:
   1. harm to the school employee’s or student’s physical or emotional wellbeing; or
   2. damage to the school employee’s or student’s property; 
4. creating a hostile, threatening, humiliating, or abusive educational environment due to:
   1. the pervasiveness, persistence, or severity of the actions; or 
   2. a power differential between the bully and the target; or 
5. substantially interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits.

Assistant Legal Counsel– Compliance Officer
Jeffrey Christensen
9361 South 300 East
Sandy, UT 84070
(801) 826-5061

1. The following list includes examples of harassment when based on a totality of the circumstances, and the conduct is based on a person or group’s actual or perceived membership in a Protected Class. This is not an exhaustive or comprehensive list and is not intended to cover all acts of harassment.
   1. Threatening, intimidating, or aggressive conduct directed at a student;
   2. Use of discriminatory language, epithets, slurs, negative stereotypes, name calling verbal abuse, derogatory comments, degrading descriptions, and hostile acts
   3. Verbal, written, or graphic material containing comments or stereotypes aimed at degrading students
   4. Graffiti containing derogatory language, symbols, or picture
   5. Offensive or degrading communications (whether written, verbal, or sent by electronic or other means)
   6. Jokes, notes, stories, drawings or pictures, gestures, or the display or distribution of offensive or degrading material
   7. Displaying degrading words, pictures, or symbols on clothing
   8. Mocking someone’s speech, clothes, hairstyle, or customs 

1. Title 76, Chapter 5, Part 4, Sexual offenses;
2. Title 76, Chapter 5b, Sexual Exploitation Act;
3. Section 76-9-102, incest; Section 76-9-702; lewdness; and 76-9-702.1, sexual battery

1. Quid pro quo harassment. A District employee, agent, or other person authorized by the District to provide an aid, benefit, or service under the District’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in welcome sexual conduct; or
2. Hostile environment harassment: Unwelcome sex-based conduct that, based on the totality of circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person ability to participate in or benefit from the District’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
   1. The degree to which the conduct affected the complainant’s ability to access the recipient’s education program or activity;
   2. The type, frequency, and duration of the conduct;
   3. The parties’ ages, roles within the District’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
   4. The location of the conduct and the context in which the conduct occurred; and
   5. Other sex-based harassment in the recipient’s education program or activity.
3. Sexual Assault:
   1. Forcible rape, forcible sodomy, or forcible fondling;
   2. Incest and statutory rape;
   3. Unwelcome touching of a person’s private body parts for the purpose of sexual gratification. In determining whether conduct meets this definition, administrators shall consider all the circumstances surrounding the incident, such as the age and maturity of the parties, the duration of the incident, the location and secretive nature of the actions, the intent of the parties, and the effects on the parties. See, 20 U.S.C. 1092 (f)(6)(A)(v); or
4. Dating Violence: Violence, such as sexual or physical abuse or threat of such abuse, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant, which may be determined by (1) the length of the relationship, (2) the type of relationship, (3) the frequency of interaction between the persons involved in the relationship; or
5. Domestic Violence: committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Utah; or
6. Stalking: Stalking as defined by the Title IX regulations (See, 34 U.S.C. 12291 (a)(30)): Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.