Bullying and Cyberbullying

Per California Education Code 48900 (r):

1. “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
   1. Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.
   2. Causing a reasonable pupil to experience a substantially detrimental effect on the pupil’s physical or mental health.
   3. Causing a reasonable pupil to experience substantial interference with the pupil’s academic performance.
   4. Causing a reasonable pupil to experience substantial interference with the pupil’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
2.  
   1.  “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
      1. A message, text, sound, video, or image.
      2. A post on a social network internet website, including, but not limited to:
         1. Posting to or creating a burn page. “Burn page” means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
         2. Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
         3. Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
      3.  
         1. An act of cyber sexual bullying.
         2. For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this sub-clause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
         3. For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
   2. Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
3. “Reasonable pupil” means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupil’s exceptional needs.

SCUSD's Bullying Policy and Administrative Regulation provide information on the definition and indicators of bullying, as well as procedures for filing complaints and measures for prevention.  Together, these policies provide guidance for students, district employees, and community members to prevent and intervene in all instances of bullying. 

Bullying Board Policy (BP 5131.2)

Bullying Administrative Regulation (AR 5131.2)

SCUSD offers a wide range of comprehensive programs and activities designed to foster a positive school culture and promote resilience in children. These activities focus on proactive practices to promote safe and welcoming schools, as well as intervention strategies to address student behavior, and education for students, families, and staff.

Highlighted below are actions that promote safe and more welcoming schools within SCUSD:

• Annual training for teachers and staff in recognizing, intervening, reporting, and investigating bullying incidents
• Enforcement of Bullying Prevention and related Board Policies 
• Teaching of Social and Emotional Learning (SEL) skills through the use of programs such as Second Step, Kimochis, Restorative Practices, etc. 
• Collection of data to inform, guide, and monitor programs and services (California Healthy Kids Survey, California School Parent Survey, California School Staff Survey) and Santa Clara Office of Education's SEL survey
• Direct instruction on bullying and positive relationships
• Access to licensed mental health staff to support prevention and intervention services
• Parent workshops on bullying and healthy relationships 

SCUSD schools participate in Positive Behavior and Intervention Support (PBIS), an evidence-based, three-tiered framework that schools use to create positive, predictable, and safe learning environments by enhancing school climate, culture, and academic success.  PBIS focuses on proactively outlining, teaching, and acknowledging expected behaviors across all spaces on the school campus. 

When students experience or witness bullying, schools offer a range of support services, including counseling, wellness check-ins, social skills groups, and other targeted programs or services.  This is to ensure that students feel safe at school and understand what to do whenever confronted with bullying behaviors. Below are some practical tools to support families in preventing and intervening when bullying behavior is suspected. Please contact your site for specific school supports and programs available.

Santa Clara County Office of Education (SCCOE)
SCCOE recognizes that bullying in schools is a serious matter that impacts student health and safety.  Resources and information are available to school and community members to assist in addressing bullying behavior and building safer learning environments.

California Department Of Education Bullying Prevention Training and Resources
Offers a variety of training and guidance for staff, students, parents, and the community. 

Uwill (formerly To Be Honest (TBH)
SCUSD partners with tbh, a free online platform that offers mental health services to students and their families. Through Uwill, students and their families have access to a range of resources, including a library of mental health resources, group sessions, and real-time messaging support.

Project Cornerstone
SCUSD partners with Project Cornerstone to engage students, families, and the community in actions to improve school climate, reduce bullying, and create caring schools and communities.  

Common Sense Media
A nonprofit that puts kids' safety and well-being first in the digital era. They engage with families, educators, and policymakers to prepare young people as consumers of media. 

National Bullying Prevention Center
Leads social change to prevent bullying and promote well-being. 

Trevor Project
TrevorLifeline offers 24/7, free and confidential support by phone, text message (SMS), and online chat to LGBTQ+ young people who may be experiencing emotional distress related to gender & sexual identity, loneliness, relationships, suicide, or supporting a friend or family member.

Ponderosa Elementary School’s “Proactive Prevention and Appropriate Support for Bullying Behaviors” exemplifies how one of our elementary schools addresses bullying prevention and intervention. 

Any student, parent/guardian, or other individual who believes that a student has been subjected to bullying or who has witnessed bullying may report the incident to a teacher, the principal, a compliance officer, or any other available school employee.  Our goal is to quickly identify bullying, address it, and provide support. 

Students also have the option to report incidents of bullying using our SCUSD Safe Schools form, which can be accessed through the Classlink portal.

Whenever possible, we encourage incidents of bullying to be addressed at the school site level, aligned with the site’s school-wide expectations.  However, if a concern remains unresolved after communicating with your school administrator or if you require additional support, you may contact a district administrator:

For Student-Related Bullying / Cyberbullying Complaints

Brenda Carrillo
Director of Student Services
(408) 423-3532
bcarrillo@scusd.net
1840 Benton Street
Santa Clara, CA 95050

For Employee-Related Bullying / Cyberbullying Complaints

Stacy Joslin
Title IX Coordinator
(408) 423-2016
sjoslin@scusd.net
1889 Lawrence Road
Santa Clara, CA 95051