Harassment, Hazing, and Bullying

V.S.A. tit. 16, ch. 9, subch. 5

in effect

16 V.S.A. § 570 Harassment, hazing, and bullying prevention policies

570. Harassment, hazing, and bullying prevention policies (a) State policy. It is the policy of the State of Vermont that all Vermont educational institutions provide safe, orderly, civil, and positive learning environments. Harassment, hazing, and bullying have no place and will not be tolerated in Vermont schools. No Vermont student should feel threatened or be discriminated against while enrolled in a Vermont school. (b) Prevention policies. Each school board shall develop, adopt, ensure the enforcement of, and make available in the manner described under subdivision 563(1) of this title harassment, hazing, and bullying prevention policies that shall be at least as stringent as model policies developed by the Secretary. Any school board that fails to adopt one or more of these policies shall be presumed to have adopted the most current model policy or policies published by the Secretary. (c) Notice. Annually, prior to the commencement of curricular and cocurricular activities, the school board shall provide notice of the policy and procedures developed under this subchapter to students, custodial parents or guardians of students, and staff members, including reference to the consequences of misbehavior contained in the plan required by section 1161a of this title. Notice to students shall be in age-appropriate language and should include examples of harassment, hazing, and bullying. At a minimum, this notice shall appear in any publication that sets forth the comprehensive rules, procedures, and standards of conduct for the school. The school board shall use its discretion in developing and initiating age-appropriate programs to inform students about the substance of the policy and procedures in order to help prevent harassment, hazing, and bullying. School boards are encouraged to foster opportunities for conversations between and among students regarding tolerance and respect. (d) Duties of the Secretary. The Secretary shall: (1) develop model harassment, hazing, and bullying prevention policies; (2) establish an Advisory Council; and (3) provide the Advisory Council with administrative support. (e) Advisory Council on Harassment, Hazing, and Bullying Prevention in Schools. (1) Membership. The Advisory Council shall be composed of the following members: (A) the Executive Director of the Vermont Principals’ Association or designee; (B) the Executive Director of the Vermont School Boards Association or designee; (C) the Executive Director of the Vermont Superintendents Association or designee; (D) the President of the Vermont-National Education Association or designee; (E) the Executive Director of the Vermont Human Rights Commission or designee; (F) the Executive Director of the Vermont Independent Schools Association or designee; (G) two members who serve as designated employees under the hazing, harassment, and bullying prevention policy, appointed by the Secretary of Education; (H) a member, appointed by the Vermont Educational Equity Collective; (I) a school social worker, appointed by the National Association of Social Workers, Vermont Chapter; (J) a member, appointed by the Vermont Coalition for Disability Rights; (K) a student member, appointed by the Vermont Student Anti-Racism Network; (L) a student member, appointed by Outright Vermont; (M) a member, appointed by the Office of Racial Equity; (N) a member, appointed by the Commission on Women; (O) a member, appointed by the Vermont Network Against Domestic and Sexual Violence; and (P) a parent or caregiver member, appointed by the Vermont Family Network. (2) Duties. The Advisory Council shall: (A) meet at least four and not more than 12 times per year; (B) review and advise on coordination of school and statewide activities relating to the prevention of and response to harassment, hazing, and bullying; (C) review the model harassment, hazing, and bullying prevention policies developed by the Secretary every three years, beginning in 2026, and recommend updates to the policies as necessary; (D) review and advise on resources on harassment, hazing, and bullying prevention and response for school professionals; (E) annually solicit input from students, parents, and schools on harassment, hazing, and bullying; and (F) notwithstanding 2 V.S.A. § 20(d), annually on or before January 15, submit a written report to House and Senate Committees on Education, which shall hold a joint legislative hearing each legislative session to review the report. The Advisory Council shall also submit the report to the State Board of Education at the same time. (3) Compensation and reimbursement. Members of the Advisory Council shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than 12 meetings of the Advisory Council per year from funds appropriated to the Agency of Education. (f) Definitions. In this subchapter: (1) “Educational institution” and “school” mean a public school or an approved or recognized independent school as defined in section 11 of this title. (2) “Organization,” “pledging,” and “student” have the same meanings as in section 570i of this title. (3) “Harassment,” “hazing,” and “bullying” have the same meanings as in subdivisions 11(a)(26), (30), and (32) of this title. (4) “School board” means the board of directors or other governing body of an educational institution when referring to an independent school. Added 2011, No. 129 (Adj. Sess.), § 12, eff. May 11, 2012; amended 2011, No. 156 (Adj. Sess.), § 32; 2013, No. 92 (Adj. Sess.), § 72; 2025, No. 160 (Adj. Sess.), § 6, eff. July 1, 2026.

16 V.S.A. § 570a Harassment

570a. Harassment (a) Policies and plan. The harassment prevention policy required by section 570 of this title and its plan for implementation shall include: (1) A statement that harassment, as defined in subdivision 11(a)(26) of this title, is prohibited and may constitute a violation of the public accommodations act as more fully described in article 2 of this subchapter 5. (2) Consequences and appropriate remedial action for staff or students who commit harassment. At all stages of the investigation and determination process, school officials are encouraged to make available to complainants alternative dispute resolution methods, such as mediation, for resolving complaints. (3) A procedure that directs students, staff, parents, and guardians how to report violations and file complaints. (4) A description of the circumstances under which harassment may be reported to a law enforcement agency. (5) A procedure for investigating reports of violations and complaints. The procedure shall provide that, unless special circumstances are present and documented by the school officials, an investigation is initiated no later than one school day from the filing of a complaint and the investigation and determination by school officials are concluded no later than five school days from the filing of the complaint with a person designated to receive complaints under subdivision (7) of this subsection. All internal reviews of the school’s initial determination, including the issuance of a final decision, shall, unless special circumstances are present and documented by the school officials, be completed within 30 days after the review is requested. (6) A description of how the school board will ensure that teachers and other staff members receive training in preventing, recognizing, and responding to harassment. (7) Annual designation of two or more people at each school campus to receive complaints and a procedure for publicizing those people’s availability. (8) A procedure for publicizing the availability of the Vermont Human Rights Commission and the federal Department of Education’s Office of Civil Rights and other appropriate State and federal agencies to receive complaints of harassment. (9) A statement that acts of retaliation for the reporting of harassment or for cooperating in an investigation of harassment are unlawful pursuant to 9 V.S.A. § 4503. (b) Independent review. (1) A student who desires independent review under this subsection because the student is either dissatisfied with the final determination of the school officials as to whether harassment occurred or believes that, although a final determination was made that harassment occurred, the school’s response was inadequate to correct the problem shall make such request in writing to the headmaster or superintendent of schools. Upon such request, the headmaster or superintendent shall initiate an independent review by a neutral person selected from a list developed jointly by the Secretary of Education and the Human Rights Commission and maintained by the Secretary. Individuals shall be placed on the list on the basis of their objectivity, knowledge of harassment issues, and relevant experience. (2) The independent review shall proceed expeditiously and shall consist of an interview of the student and the relevant school officials and review of written materials involving the complaint maintained by the school or others. (3) Upon the conclusion of the review, the reviewer shall advise the student and the school officials as to the sufficiency of the school’s investigation, its determination, the steps taken by the school to correct any harassment found to have occurred, and any future steps the school should take. The reviewer shall advise the student of other remedies that may be available if the student remains dissatisfied and, if appropriate, may recommend mediation or other alternative dispute resolution. (4) The independent reviewer shall be considered an agent of the school for the purpose of being able to review confidential student records. (5) The costs of the independent review shall be borne by the public school district or independent school. (6) Nothing in this subsection shall prohibit the school board from requesting an independent review at any stage of the process. (7) Evidence of conduct or statements made in connection with an independent review shall not be admissible in any court proceeding. This subdivision shall not require exclusion of any evidence otherwise obtainable from independent sources merely because it is presented in the course of an independent review. (8) The Secretary may adopt rules implementing this subsection. Added 2011, No. 129 (Adj. Sess.), § 12, eff. May 11, 2012; amended 2013, No. 34, § 10; 2013, No. 92 (Adj. Sess.), § 72, eff. Feb. 14, 2014.

16 V.S.A. § 570b Hazing

570b. Hazing The hazing prevention policy required by section 570 of this title and its plan for implementation shall include: (1) a statement that hazing, as defined in subdivision 11(a)(30) of this title, is prohibited and may be subject to civil penalties pursuant to article 3 of this subchapter 5; (2) a procedure that directs students, staff, parents, and guardians how to report violations and file complaints; (3) a procedure for investigating reports of violations and complaints; (4) a description of the circumstances under which hazing may be reported to a law enforcement agency; (5) appropriate penalties or sanctions, or both, for organizations that or individuals who engage in hazing and revocation or suspension of an organization’s permission to operate or exist within the institution’s purview if that organization knowingly permits, authorizes, or condones hazing; (6) a description of how the school board will ensure that teachers and other staff members receive training in preventing, recognizing, and responding to hazing; and (7) annual designation of two or more people at each school campus to receive complaints and a procedure for publicizing those people’s availability. Added 2011, No. 129 (Adj. Sess.), § 12, eff. May 11, 2012; amended 2013, No. 92 (Adj. Sess.), § 72, eff. Feb. 14, 2014.

16 V.S.A. § 570c Bullying

570c. Bullying The bullying prevention policy required by section 570 of this title and its plan for implementation shall include: (1) a statement that bullying, as defined in subdivision 11(a)(32) of this title, is prohibited; (2) a procedure that directs students, staff, parents, and guardians how to report violations and file complaints; (3) a procedure for investigating reports of violations and complaints; (4) a description of the circumstances under which bullying may be reported to a law enforcement agency; (5) consequences and appropriate remedial action for students who commit bullying; (6) a description of how the school board will ensure that teachers and other staff members receive training in preventing, recognizing, and responding to bullying; and (7) annual designation of two or more people at each school campus to receive complaints and a procedure both for publicizing the availability of those people and clarifying that their designation does not preclude a student from bringing a complaint to any adult in the building. Added 2011, No. 129 (Adj. Sess.), § 12, eff. May 11, 2012.

16 V.S.A. §§ 570d, 570e [Reserved for future use.]

16 V.S.A. § 570f Harassment; notice and response

570f. Harassment; notice and response (a)(1) An educational institution that receives actual notice of alleged conduct that may constitute harassment shall promptly investigate to determine whether harassment occurred. After receiving notice of the alleged conduct, the school shall provide a copy of its harassment policy, including its harassment investigation procedure, to the alleged victim and the alleged perpetrator. If either the alleged victim or the alleged perpetrator is a minor, the copy of the policy shall be provided to the person’s parent or guardian. Nothing in this section shall be construed to prohibit educational institutions from investigating and imposing disciplinary consequences upon students for misconduct. Elementary and secondary school officials shall strive to implement the plan developed in accordance with subdivision 1161a(a)(6) of this title in order to prevent misconduct from escalating to the level of harassment. (2) If, after notice, the educational institution finds that the alleged conduct occurred and that it constitutes harassment, the educational institution shall take prompt and appropriate remedial action reasonably calculated to stop the harassment. (b) A claim may be brought under the Fair Housing and Public Accommodations Act pursuant to 9 V.S.A. chapter 139 only after the administrative remedies available to the claimant under the policy adopted by the educational institution pursuant to subsection 166(e) or section 570 of this title or pursuant to the harassment policy of a postsecondary school have been exhausted. Such a showing shall not be necessary where the claimant demonstrates that: (1) the educational institution does not maintain such a policy; (2) a determination has not been rendered within the time limits established under section 570a of this title; (3) the health or safety of the complainant would be jeopardized otherwise; (4) exhaustion would be futile; or (5) requiring exhaustion would subject the student to substantial and imminent retaliation. (c) To prevail in an action alleging unlawful harassment filed pursuant to this section and 9 V.S.A. chapter 139, the plaintiff shall prove both of the following: (1) The student was subjected to unwelcome conduct based on the student’s or the student’s family member’s actual or perceived membership in a category protected by law by 9 V.S.A. § 4502. (2) The conduct was either: (A) for multiple instances of conduct, so pervasive that when viewed from an objective standard of a similarly situated reasonable person, it substantially and adversely affected the targeted student’s equal access to educational opportunities or benefits provided by the educational institution; or (B) for a single instance of conduct, so severe that when viewed from an objective standard of a similarly situated reasonable person, it substantially and adversely affected the targeted student’s equal access to educational opportunities or benefits provided by the educational institution. (d) As used in this article: (1) “Designated employee” means an employee who has been designated by an educational institution to receive complaints of harassment pursuant to section 570a of this title or in accordance with the harassment policy of a postsecondary school. (2) “Educational institution” means a Vermont public or independent school or a postsecondary school that offers or operates a program of college or professional education for credit or degree in Vermont. (3) “Notice” means a written complaint or oral information that harassment may have occurred that has been provided to a designated employee from another employee, the student allegedly subjected to the harassment, another student, a parent or guardian, or any other individual who has reasonable cause to believe the alleged conduct may have occurred. If the complaint is oral, the designated employee shall promptly reduce the complaint to writing, including the time, place, and nature of the conduct, and the identity of the participants and complainant. Added 2003, No. 91 (Adj. Sess.), § 3; amended 2011, No. 140 (Adj. Sess.), § 1, eff. May 15, 2012; 2013, No. 92 (Adj. Sess.), §§ 74, 75, eff. Feb. 14, 2014.

16 V.S.A. § 570i Definitions

570i. Definitions As used in this subchapter: (1) “Educational institution” means a Vermont public or independent school or a postsecondary school that offers or operates a program of college or professional education for credit or a degree in Vermont. (2) “Organization” means a fraternity, sorority, athletic team, association, corporation, order, society, corps, cooperative, club, or other similar group, whose members primarily are students at an educational institution, and that is affiliated with the educational institution. (3) “Pledging” means any action or activity related to becoming a member of an organization. (4) “Student” means any person who: (A) is registered in or in attendance at an educational institution; (B) has been accepted for admission at the educational institution where the hazing incident occurs; or (C) intends to attend an educational institution during any of its regular sessions after an official academic break. Added 1999, No. 120 (Adj. Sess.), § 9; amended 2013, No. 92 (Adj. Sess.), § 78, eff. Feb. 14, 2014.

16 V.S.A. § 570j Unlawful conduct

570j. Unlawful conduct (a) For purposes of this subchapter, “hazing” means any intentional, knowing, or reckless act committed by a student, whether individually or in concert with others, against another student: (1) in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization that is affiliated with the educational institution; and (2) that is intended to have the effect of, or should reasonably be expected to have the effect of, endangering the mental or physical health of the student. (b) Hazing shall not include any activity or conduct that furthers legitimate curricular, extracurricular, or military training program goals, provided that: (1) the goals are approved by the educational institution; and (2) the activity or conduct furthers the goals in a manner that is appropriate, contemplated by the educational institution, and normal and customary for similar programs at other educational institutions. (c) It shall be unlawful to: (1) engage in hazing; (2) solicit, direct, aid, or attempt to aid, or abet another person engaged in hazing; or (3) knowingly fail to take reasonable measures within the scope of the person’s authority to prevent hazing. (d) It is not a defense in an action under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity. Added 1999, No. 120 (Adj. Sess.), § 9; amended 2013, No. 92 (Adj. Sess.), § 79, eff. Feb. 14, 2014.

16 V.S.A. § 570k Civil penalty; Judicial Bureau; waiver penalty

570k. Civil penalty; Judicial Bureau; waiver penalty (a) A person who commits an unlawful act under this subchapter shall be subject to a civil penalty of not more than $5,000.00. (b) Any law enforcement officer may issue a summons and complaint for an act of hazing, which shall be heard by the Judicial Bureau pursuant to the procedures provided in 4 V.S.A. chapter 29. (c) The Court Administrator shall appoint a panel of Judicial Bureau hearing officers to establish a waiver penalty for an act of hazing. (d) Nothing in this section shall limit or affect the right of an educational institution to enforce its own penalties against hazing. Added 1999, No. 120 (Adj. Sess.), § 9; amended 2013, No. 92 (Adj. Sess.), § 80, eff. Feb. 14, 2014.

16 V.S.A. § 570l Criminal prosecution and civil action

570l. Criminal prosecution and civil action Nothing in this subchapter shall limit or preclude a criminal prosecution or any criminal or civil action based on any act that may constitute hazing. Added 1999, No. 120 (Adj. Sess.), § 9; amended 2013, No. 92 (Adj. Sess.), § 81, eff. Feb. 14, 2014.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/16/009Fetched: 10/21/2026