"Bullying" means any written, verbal, graphic, or physical act that a student or group of students exhibits toward other particular student(s) and the behavior causes mental or physical harm to the other student(s); and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student(s).
"Cyberbullying" means electronically transmitted acts, i.e., Internet, cell phone, personal digital assistance (PDA), or wireless hand-held device that a student has exhibited toward another student or employee of the department which causes mental or physical harm to the other student(s) or school personnel and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening, or abusive educational environment:
(1) On campus, or other department of education premises, on department of education transportation, or during a department of education sponsored activity or event on or off school property
(2) Through a department of education data system without department of education authorized communication; or
(3) Through an off campus computer network that is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student or school personnel, or both.
In evaluating whether conduct constitutes harassment, intimidation or bullying, special attention should be paid to the words chosen or the actions, taken, whether the conduct occurred in front of others or was communicated to others, how the perpetrator interacted with the victim, and the motivation, either admitted or appropriately inferred. Electronic transmissions include but are not limited to the use of data, computer software that is accessed through a computer, a computer network system, other computerized systems, cellular phones or other similar electronic devices that display e-mail, text messaging, blogs, photos, drawings, video clips, on-line community websites, or faxes, or a combination of the foregoing.
"Disorderly conduct" means the following actions or activities on campus or other department of education premises, on department of education transportation, or during a department of education sponsored activity or event on or off school property:
(1) Engaging in fighting or threatening, or in violent or tumultuous behavior such as yelling or screaming, or both;
(2) Making unreasonable noise as to cause disruption of normal school operations;
(3) Making any offensively coarse utterance, gesture, or display, or addressing abusive language to any person present, which is likely to provoke a violent response;
(4) Creating a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit;
(5) Impeding or obstructing any person in a public school for the purpose of begging or soliciting alms or other forms of aid, or
(6) Inappropriate physical contact including but are not limited to consensual sex or consensual touching of body parts, or both.
"Rendering a false alarm" means a student causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, any governmental agency, or public utility that deals with emergencies involving danger to life or property.
(1) A student signing a name other than the student's own name on a document or;
(2) The illegal production or reproduction of materials such as fundraising or sports event tickets.
"Gambling" means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including but is not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but is not limited to contracts of indemnity or guaranty and life, health, or accident insurance.
"Harassment" means a student who is harassing, bullying, including cyberbullying, annoying, or alarming another person by engaging in the following conduct that includes but is not limited to:
(1) Striking, shoving, kicking, or otherwise touching a person in an offensive manner or subjecting such person to offensive physical contact;
(2) Insulting, taunting, or challenging another person in a manner likely to provoke a violent response;
(3) Making verbal or non-verbal expressions that causes others to feel uncomfortable, pressured, threatened, or in danger because of reasons that include but are not limited to the person's race, color, national origin, ancestry, sex, including gender identity and expression, religion, disability, or sexual orientation that creates an intimidating, hostile, or offensive educational environment, or interferes with the education of a student, or otherwise adversely affects the educational opportunity of a student or students;
(4) Name calling, making rude gestures, insulting, or teasing another person who feels humiliated, intimidated, threatened, or embarrassed;
(5) Making a telephone call without purpose of legitimate communication;
(6) Making repeated communications anonymously, or at extremely inconvenient hours, or in offensively coarse language on campus or, other department of education premises, on department of education transportation, or during a department of education sponsored activity or event on or off school property;
(7) Causing fear as to prevent others from gaining legitimate access to or use of school buildings, facilities, services, or grounds such as, but is not limited to, restroom facilities; or
(8) Physically harming, physically restraining, threatening, or stalking, or a combination of the foregoing.
"Hazing" means any conduct or method of initiation into any student organization or activity, whether on campus or other department of education premises, on department of education transportation, or during a department of education sponsored activity or event on or off school property, which willfully or recklessly endangers the physical or mental health of any student. Such conduct shall include, but is not limited to whipping, beating, branding, forced calisthenics, exposure to weather, forced consumption of any food, liquor, beverage, drug or other substance, indecent exposure, or any other treatment or forced physical activity which is likely to adversely affect the physical or mental health, or both, or safety of any student, or which subjects any student to extreme mental stress, including deprivation of sleep or rest, extended isolation, or personal humiliation.
"Inappropriate or questionable uses, or both, of internet materials and equipment" means when a student is in violation of the Internet Access Policy, the department's Internet Access Regulations, and the Network Support Services Branch's Acceptable User Guidelines for using computers and network resources. Examples of inappropriate or questionable uses of the department's computer and network resources include but are not limited to disabling or bypassing the filters, gambling software, music sharing software, or sexually explicit photographs and pictures that do not support the department's mission and purpose. Copies of these policies are available via the websites listed in the footnotes or may be obtained from school office.
(1) Obtaining, or exerting control over, the property of another by deceiving and depriving the person of the property;
(2) Obtaining, or exerting control over, the property of another which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts, and with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner;
(3) Obtaining services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services;
(4) Having control over the disposition of services of another to which the person is not entitled and diverts those services to the person's own benefit or to the benefit of a person not entitled thereto;
(5) Failing to make required disposition of funds by:
(A) Obtaining property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person's own property reserved in equivalent amount, and dealing with the property as the person's own and failing to make the required payment or disposition; or
(B) Obtaining personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and intentionally failing to make the payment or disposition at the proper time;
(6) Receiving, retaining, or disposing of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property; or
(7) Shoplifting:
(A) Concealing or taking possession of the goods or merchandise of any department of education store or department of education retail establishment, with intent to defraud;
(B) Altering the price tag or other price marking on goods or merchandise of any department of education store or department of education retail establishment, with intent to defraud; or
(C) Transferring the goods or merchandise of any department of education store or department of education retail establishment from one container to another, with intent to defraud.
"Trespass" means entering or remaining in or upon the premises of any school, or department of education facility after reasonable warning or request to leave by school authorities or police officer.