Components of State Anti-Bullying Laws and Regulations
| Component | Included |
|---|---|
| Prohibiting statement | Yes |
| Definition | Yes |
| Scope | Yes |
| Protected groups | Yes |
| District policy requirement | Yes |
| Reporting and investigations | Yes |
| Consequences | Yes |
| Communication of policy | Yes |
| Safeguards and supports | No |
| Review and update of local policies | Yes |
| Prevention education | Yes |
| Staff training | Yes |
| Parent engagement | Yes |
Which Guam laws and regulations cover bullying?
- 9 GCA §28.100. Illegal Use of a Computer or Telecommunications Device to Disseminate Prohibited Materials Involving a Minor- Sexting; Crime Defined and Punished
- 17 GCA §3112.1. Same: Policy Against Bullying
- 17 GCA §4125. Internet safety in course curricula
How are bullying and cyberbullying defined in Guam anti-bullying laws and regulations?
Guam anti-bullying laws include the following definitions of harassment, intimidation, bullying, and cyberbullying:
"Harassment, intimidation, or bullying" means any gesture or written, verbal, or physical act that a reasonable person under the circumstances should know will have the effect of harming a pupil or damaging his or her property or placing a pupil in reasonable fear of harm to his or her person or damage to his or her property, or that has the effect of insulting or demeaning any pupil or group of pupils in such a way as to disrupt or interfere with the school's educational mission or the education of any pupil.
"Harassment, intimidation, or bullying" includes, but is not limited to, such a gesture or written, verbal, or physical act that is reasonably perceived as being motivated by a pupil's religion, race, color, national origin, age, sex, sexual orientation, disability, height, weight, or socioeconomic status, or by any other distinguishing characteristic.
"Cyberbullying" means the use of any electronic communication device to harass, intimidate or bully.
17 GCA § 3112.1 (2011)
Do Guam anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
No. Guam anti-bullying laws do not cover off-campus conduct.
What are the policy requirements for schools to prevent and respond to bullying behavior?
Guam school districts must adopt a policy prohibiting "harassment, intimidation, or bullying" and "cyberbullying" at school. School district policies must contain key policy and procedural elements, including, but not limited to:
- Statements prohibiting harassment, intimidation, or bullying and cyberbullying of a student;
- Definitions of harassment, intimidation, or bullying and cyberbullying that are no less inclusive than definitions in state law;
- Descriptions of the type of behavior expected from each student;
- Disciplinary consequences and appropriate remedial actions for any person who commits harassment, intimidation, or bullying and cyberbullying;
- Procedures for reporting, investigation, and response to incidents;
- Statements prohibiting reprisal and retaliation, including false accusation, against any person who reports an act of harassment, intimidation, or bullying, and cyberbullying.
- Disciplinary consequences and appropriate remedial actions for reprisal or retaliation; and
- Statements regarding how the policy is to be publicized within the district.
The Guam Education Board must adopt the policy and transmit a copy to the Superintendent of Education.
Do Guam anti-bullying laws and regulations include protections for specific groups?
Yes. Guam anti-bullying laws prohibit harassment, intimidation, or bullying that includes, but is not limited to, a gesture or written, verbal, or physical act that is reasonably perceived as being motivated by a pupil's religion, race, color, national origin, age, sex, sexual orientation, disability, height, weight, or socioeconomic status, or by any other distinguishing characteristic.
Guam schools that receive federal funding are required by federal law to address discrimination based on certain characteristics. Find out when bullying may be a civil rights violation.
Do Guam anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
Yes. Guam public schools are required to form bullying and cyberbullying prevention task forces; implement prevention, intervention, and remediation programs; and explore other initiatives that involve the school community, law enforcement, assistance organizations, and community members. Guam schools must also develop a process for discussing the harassment, intimidation, bullying, and cyberbullying policy with students.
Do Guam anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?
Yes. Guam anti-bullying laws require districts to incorporate information on policies against harassment, intimidation, bullying, and cyberbullying into employee training programs. Schools must also provide training on the policy to the school community and volunteers who have significant contact with students.
Do Guam anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
No. Guam anti-bullying laws do not require districts to provide safeguards or mental health supports for students involved with bullying.
Do Guam anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
Yes. Guam anti-bullying laws require school districts to adopt policies through a process that includes the representation of parents or guardians, pupils, teachers, staff, administrators, volunteers, and community representatives. Guam schools are also required to form bullying and cyberbullying prevention task forces; implement prevention, intervention, and remediation programs; and explore other initiatives that involve members of the school community, including parents.
For More Information
Visit the Guam Department of Education webpage for more information.
The key component framework used in the analysis of state laws is based on the review of legislation presented in the "Analysis of State Bullying Laws and Policies – December 2011" (U.S. Department of Education).