Bullying and Harassment in Vermont Schools

Bullying is defined as actions by a student or group of students intended to ridicule (make fun of), humiliate, or intimidate (frighten) another student. The behavior must be repeated over time and may include:

• name-calling and verbal taunts
• written comments, including posting comments through social media, by email or text messages
• threats of physical harm or actual harm, or
• disrespectful or insulting images.

Harassment is defined as actions that are intended to create an intimidating, hostile or offensive environment that interferes with a student’s ability to learn or access school resources. Harassment of a student or the student’s family is bullying behavior based on their:

• disability
• race
• religion/creed
• color
• national origin
• sex
• gender identity
• sexual orientation
• marital status

Harassment can be for actual or perceived characteristics. This means that the victim does not have to actually have the characteristic that they are being harassed for.

Like bullying, harassment can occur in different forms such as:

• name-calling and verbal taunts
• written comments, including posting comments through social media, by email, or text messages
• threats of physical harm or actual harm, or
• disrespectful or insulting images.

Schools must take action to stop bullying and harassment that happens:

• on school property
• on school buses
• at a school sponsored activity
• on the way to and from school or a school sponsored activity, or
• elsewhere when it harms the student’s ability to learn and attend school.

Every school must have a policy that prohibits bullying and harassment in school settings.

The bullying and harassment policies must do the following:

• at the beginning of each school year, inform students, their families and school employees that bullying and harassment may violate state and federal laws
• describe what will happen to a student who bullies another student
• describe what will happen to a student or school employee who harasses a student
• explain how to report bulling and harassment
• explain procedures for investigating complaints of bullying and harassment
• provide the names of staff who are responsible for investigating bullying and harassment complaints (there must be at least two)
• let students and their families know that suspected bullying or harassment can be reported to any adult in the school
• let students and their families know about other ways to resolve a complaint such as mediation
• let students and families know about the state and federal agencies that can also investigate harassment complaints.
• explain when bullying or harassment may be reported to the police
• explain when bullying or harassment must be reported to the Department of Children and Families or Adult Protective Services
• explain when harassment by a licensed educator must be reported to the Secretary of the Agency of Education
• explain that retaliation against those who report harassment or cooperate in the investigation of a complaint is unlawful, and
• include training for teachers and other staff on preventing, recognizing and responding to bullying and harassment.

Each school must have at least two employees who are responsible for investigating bullying and harassment complaints. You will hear them identified as a “designated employee.”

Anyone who suspects that a student is being bullied or harassed can file a complaint with a “designated employee” or any other staff at the school. This includes students, their families or school employees.

School employees who witness bullying or harassment must:

• take steps to stop the behavior and to prevent its recurrence, and
• immediately report the behavior to a “designated employee.”

Complaints may be reported verbally or in writing. If you make a complaint verbally, the “designated employee” must put the complaint into written form.

After a report of bullying or harassment, a school’s “designated employee” must:

• notify the school principal or headmaster of the complaint
• give you a copy of the bullying or harassment prevention policy
• begin an investigation within one school day after filing the complaint
• put the results of the investigation in writing within five school days, and
• send the investigation report to you in writing.

TIP: It’s important for parents and guardians to keep copies of their complaints. If you verbally report bullying or harassment to the “designated employee,” you should ask that person to make a copy of the written complaint for your records.

The investigation report cannot include information about the disciplinary action taken if bullying or harassment was substantiated. The exception is when the principal or headmaster asks the parents of the student accused of bullying or harassment to waive that child’s confidentiality.

If you do not agree with the results of a bullying investigation, tell the school principal or headmaster, in writing, that you disagree with the decision and:

• ask for a safety plan to keep the bullies away from your child, or
• ask for different ways to deal with the inappropriate behaviors that led to the complaint.

If you do not agree with the results of the initial harassment investigation, you may ask for an internal review of the decision. Put your request in writing to the school principal or headmaster.

The decision in an internal review must be issued within 30 calendar days after you requested the review.

If you disagree with the decision in a bullying complaint, you may file a complaint with the school board. School board meetings are public meetings. Anyone can attend. But complaints related to students are confidential. These complaints are handled in “executive session.” This means they are not discussed in the public portion of a meeting.

If you disagree with the final decision in a harassment complaint, you may ask the school superintendent or headmaster, in writing, for an independent review of the decision. The review must be done by a neutral person who does not work for the school. The independent reviewer will talk to those involved in the complaint and review the school’s investigation to:

• decide if the school’s investigation was thorough
• decide if the school’s response to the complaint was appropriate, and
• recommend other steps the school can take to prevent harassment.

The reviewer must do the review as quickly as possible and send their written report to the school and the person who requested the independent review.

Harassment is a form of unlawful discrimination. Instead of filing a complaint through the school, you may file a complaint with:

• Vermont Human Rights Commission, or
• U.S. Office for Civil Rights

If your child is experiencing long-term effects from bullying or harassment, you may want to ask that your child be evaluated to see if they have a disability and need specialized supports. For more information, visit our Special Education and Other Supports page.