For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning:
Adverse Action. Any action that would dissuade a reasonable person from reporting or participating in an investigation into a suspected incident of bullying.
Bullying. Any unwanted severe, persistent, or pervasive conduct against a youth by another person that:
(1) May be based on the targeted youth’s physical appearance or attire, or their perceived or actual sex, sexual orientation, gender identity, gender expression, race, national origin, ethnicity, age, religion, physical or mental disability, pregnancy status, socioeconomic status, or their association with others with such characteristics;
(2) Inflicts harm or can reasonably be expected to inflict harm on the targeted youth, including by:
(A) Placing the targeted youth in reasonable fear of physical injury or causing physical injury to their person, or damage to or loss of their property;
(B) Causing the targeted youth psychological injury, social injury, or educational injury; or
(C) Substantially disrupting or materially interfering with the targeted youth’s ability to participate in or benefit from the city’s programs, public services, or public resources; or
(3) Substantially disrupts or materially interferes with the orderly operation of the city’s programs, property, public services, or public resources.
Bullying includes cyberbullying; physical bullying; relational bullying; verbal bullying; other severe, persistent, or pervasive harmful conduct against a youth that serves no legitimate purpose, such as stalking the youth or repeatedly calling, texting, or emailing the youth despite the youth’s requests to stop; and encouraging, supporting, or joining in with others on the severe, persistent, or pervasive harmful conduct against a youth.
City Partner. Any person who:
(1) Enters into a written agreement with the city to provide goods or services to or on behalf of the city, or to collaborate or cooperate with the city on the provision of public services, that are directed in whole or in part toward youths; or
(2) Obtains a permit from the city to hold an activity on a public street, sidewalk, or other city property, including but not limited to a parade, street fair, or protest.
City partner excludes any person who enters into a written agreement with the city primarily for the purpose of providing grant funding or charitable contributions to the city.
City Program. Any program, service, activity, event, or function that is provided, sponsored, or funded, in whole or in part, by the city.
City Property. Any grounds, buildings, or facilities that are owned, leased, or otherwise controlled by the city, excluding property owned by the city but under the control of the Hawaii department of education.
Cyberbullying. Bullying through the use of technology or any form of electronic communication, including a transfer of words, signs, signals, images, sounds, or other data through a computer, tablet, cell phone, or other electronic device that has the capability of sending and receiving data. Cyberbullying includes, but is not limited to:
(1) Sending, posting, or otherwise spreading false rumors, derogatory or defamatory material, or highly private or embarrassing information about the targeted youth, such as nude images of the targeted youth;
(2) Threatening to hurt the targeted youth or telling the targeted youth to injure or kill themselves or other youth;
(3) Pretending to be someone else online or “catfishing” in order to deceive the targeted youth into providing embarrassing or personal images or information about the targeted youth, then sharing that information with others; and
(4) Publicly identifying or publishing private information about a targeted youth.
Cyberbullying may occur through electronic mail, apps, social media, text messaging, direct or instant messaging, or in chatrooms, online forums, online gaming communities, message boards, and other electronic forums.
Gender Expression. The manner in which a person represents or expresses their gender to others, often through behavior, clothing, hairstyles, activities, voice, or mannerisms.
Gender Identity. A person’s internal, deeply-felt sense of being male, female, or other, whether or not that gender identity is different from the person’s physiology or assigned sex at birth.
Physical Bullying. Hitting, slapping, shoving, kicking, tripping, spitting on, or otherwise touching a targeted youth in an offensive manner, threatening any of the foregoing behaviors, or impeding the legitimate passage of the targeted youth.
Relational Bullying. Isolating or excluding a targeted youth, causing a targeted youth to feel rejected socially, creating or spreading hurtful or mean rumors or lies about the targeted youth, or manipulating the targeted youth’s relationships with their peers.
Retaliation. An adverse action taken against a person who witnessed, or who has made or intends to make a good faith report of, or otherwise participate in an investigation into, a suspected incident of bullying that occurred in a city program or on city property.
Targeted Youth. A youth who is the target of bullying.
Verbal Bullying. Teasing, insulting, or humiliating a targeted youth, taunting or attempting to provoke a violent response from the targeted youth, making unwanted sexual comments to the targeted youth, or speaking to the targeted youth using threatening, offensive, or coarse language.
Youth. An individual 18 years of age or younger or any student enrolled in a public or private high school, even if over 18 years of age.
(Added by Ord. 23-1)