BILL REQ. #:  H-0847.1 

Read first time 01/26/09.   Referred to Committee on Higher Education.

     AN ACT Relating to prevention of harassment, intimidation, and bullying; adding a new section to chapter 28B.35 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 28B.35 RCW to read as follows:
     (1) By September 1, 2009, each regional university shall adopt, or amend, a policy that prohibits the harassment, intimidation, or bullying of any student or staff member. It is the responsibility of each regional university to share this policy with parents or guardians, students, volunteers, and staff members.
     (2) As used in this section, "harassment, intimidation, or bullying" means any intentional electronic, written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic in RCW 9A.36.080(3), or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act:
     (a) Physically harms an individual or damages the individual's property; or
     (b) Has the effect of substantially interfering with a student's education or the working conditions of a staff member; or
     (c) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational or work environment; or
     (d) Has the effect of substantially disrupting the orderly operation of the institution, or a subunit thereof.
     (3) Nothing in this section requires the affected individual to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying.
     (4) The policy should be adopted or amended through a process that includes representation of parents or guardians, university employees, volunteers, students, administrators, and community representatives. It is recommended that each such policy emphasize positive character traits and values, including the importance of civil and respectful speech and conduct, and the responsibility of the entire university community to comply with the institution's policy prohibiting harassment, intimidation, or bullying.
     (5) Persistent or pervasive harassment, intimidation, bullying, or verbal abuse of a student or staff member is prohibited. Individuals who manifest objective symptoms of harassment, intimidation, bullying, or verbal abuse may pursue a private civil action against the alleged perpetrator for violation of this section, and may recover general, special, and punitive damages, as determined by the trier of fact.
     (6) If an individual claiming to be a victim of conduct prohibited by subsection (5) of this section has lodged two formal complaints with the institution and the institution has failed to take corrective action to protect the individual by stopping the prohibited conduct through any means necessary, including discharge or expulsion of the alleged perpetrator, the institution shall be jointly and severally liable for any civil damage award issued pursuant to subsection (5) of this section.
     (7) A person who prevails in a civil liability action pursuant to subsection (5) of this section is entitled to recover his or her actual attorneys' fees in addition to any damage award. Damages, costs, and attorneys' fees awarded pursuant to this section are awards resulting from an intentional tort.