Section 4161 - [Effective 2023/2024 school year] DefinitionsFor purposes of this subchapter:
(1)"Adult sexual misconduct" is any activity, physical, sexual, or otherwise, directed to a student with the objective of developing a romantic or sexual relationship.(2) "Bullying" means any intentional written, electronic, verbal, or physical act against another student, a school district or charter school volunteer, or a school district or charter school employee that a reasonable person under the circumstances should know will have any of the following effects:a. Place a student, school district or charter school volunteer, or school district or charter school employee in reasonable fear of substantial harm to the student's, volunteer's, or employee's emotional or physical well-being or substantial damages to the student's, volunteer's, or employee's property.b. Create a hostile, threatening, humiliating, or abusive educational environment due to the pervasiveness or persistence of actions or due to a power differential between the bully and the target.c. Interfere with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits.d. Perpetuate bullying by inciting, soliciting, or coercing an individual or group to demean, dehumanize, embarrass, or cause emotional, psychological, or physical harm to another student, school district or charter school volunteer, or school district or charter school employee.(3) "Charter school" means a public school established under Chapter 5 of this title.(4) "Child abuse" means causing or inflicting any of the following on a child:b. Serious physical injury or death, or physical injury through unjustified force not permitted under § 468 of Title 11. For purposes of this paragraph (3)b. of this section, "serious physical injury" and "physical injury" mean as defined in § 222 of Title 11.f. Maltreatment or mistreatment.(5) "Child sexual abuse", "sexual abuse", or "sexually abused" means the commission of any act that is listed in the definition of sexual offense in § 761 of Title 11.(6) "Consent" means the unambiguous, voluntary, and freely given agreement by all participants in each physical act in the course of sexual activity, including respect for personal boundaries. Consent does not include any of the following: a. The lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another individual in fear.b. A current or previous dating, social, or sexual relationship.(7) "Criminal youth gang" means as defined in § 617(a) of Title 11.(8) "Grooming for the purpose of sexual contact" means actions, interactions, communications in any capacity, and behaviors by a person of trust to build a relationship with a student or individuals close to the student in an effort to gain access to and time alone with the student, with the ultimate goal of engaging in sexual contact or sexual penetration with the student, regardless of when in the student's life the sexual contact or sexual penetration would take place.(9) "Parent" means a natural parent, an adoptive parent, any person legally charged with the care or custody of a student under 18 years of age, or any person who has assumed responsibility for the care of a student under 18 years of age including any person acting as a caregiver pursuant to the provisions of § 202(f) of this title.(10) "Personal body safety" means understanding the difference between appropriate and inappropriate touching and how to communicate inappropriate behavior to a trusted adult.(11) "Protective hairstyle" includes braids, locks, and twists.(12) "Race" includes traits historically associated with race, including hair texture and a protective hairstyle.(13) "School district" means a clearly defined geographic subdivision of the State organized for the purpose of administering public education in that area and includes a district specifically created to administer a system of vocational or technical education.(14) "School district and charter school employee," "school district or charter school employee," or "employee" means all individuals, including teachers, school administrators, school support personnel, instructional aides, nurses, school counselors, coaches, custodial staff, and nutrition staff, hired by a school district or charter school or a program established under Chapter 16 of this title, who provide services to students on a regular, ongoing basis. "School district and charter school employee," "school district or charter school employee," or "employee" does not include contractors or subcontractors, such as bus drivers or security guards; substitute employees; and individuals hired by or subcontracted by other state agencies to work on school property.(15) "Sexual assault" means any unwanted sexual behavior committed by a perpetrator who is a stranger to the victim or by a perpetrator who is known by the victim or related to the victim by blood or marriage. "Sexual assault" includes the following behaviors: sexual harassment, as defined in § 763 of Title 11; sexual contact, as defined in § 761 Title 11; sexual intercourse, as defined in § 761 of Title 11; sexual penetration, as defined in § 761 of Title 11; and sexual abuse.(16)"Sexual contact" has the same meaning as defined in § 761 of Title 11.(17)"Sexual penetration" has the same meaning as defined in § 761 of Title 11.(18) "Teen dating violence" means assaultive, threatening, or controlling behavior, including stalking as defined in § 1312 of Title 11, that one person uses against another person in order to gain or maintain power or control in a current or past relationship and can occur in both heterosexual and same sex relationships and in serious or casual relationships.Amended by Laws 2021, ch. 407,s 1, eff. 8/19/2022.Amended by Laws 2021, ch. 13,s 10, eff. 4/13/2021.Amended by Laws 2019, ch. 212,s 1, eff. 9/10/2019.Added by Laws 2017, ch. 122,s 5, eff. 8/9/2017.Section 2 of the amendment by Act Chapter 407 provides that it takes effect starting with the 2023/2024 school year.This section is set out more than once due to postponed, multiple, or conflicting amendments.