Virginia HB 1044: School board; policies prohibiting abusive work environment.

Bill Text

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2018 SESSION

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18100488D

HOUSE BILL NO. 1044 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend the Code of Virginia by adding in Chapter 15 
 of Title 22.1 an article numbered 3.1, consisting of sections numbered 22.1-314.1 
 and 22.1-314.2, relating to school board policies; healthy school workplaces. 
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Patrons-- Torian, Adams, D.M., Ayala, Bagby, Carroll Foy, Carter, Guzman, 
James, Krizek, Levine, Tran and VanValkenburg; Senators: McPike and 
Surovell 

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Referred to Committee on Education 

---------- 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 
 15 of Title 22.1 an article numbered 3.1, consisting of sections numbered 
 22.1-314.1 and 22.1-314.2, as follows:

Article 3.1. 

Healthy School 
 Workplaces. 

� 22.1-314.1. 
 Definitions.

As used in this article:

"Abusive conduct" 
 means conduct of a school board employee in the 
 workplace that a reasonable person would find hostile and that 
 is severe enough to cause physical harm or psychological harm to 
 another school board employee. "Abusive 
 conduct" includes verbal or physical 
 conduct that a reasonable person would find threatening, intimidating, or 
 humiliating; the gratuitous sabotage or undermining of another school board 
 employee's work performance; attempts to exploit another 
 school board employee's known psychological or physical 
 vulnerability; or repeated infliction of verbal abuse, such as the use of 
 derogatory remarks, insults, or epithets. Factors to 
 be considered in the determination of whether abusive conduct is 
 present shall include the severity, nature, and frequency of the conduct and, 
 when applicable, the 
 continuation of the conduct after a school board employee 
 requests that it cease or demonstrates outward signs of physical 
 harm or psychological harm in the face of the conduct. 
 A single act shall not constitute abusive conduct unless it is especially severe. 
 Conduct shall not be regarded as abusive conduct if the school board provides 
 clear and convincing proof that the conduct is necessary for the furtherance of 
 its legitimate and lawful 
 interests.

"Abusive work 
 environment" means a workplace in a school division in which abusive 
 conduct occurs.

"Physical harm" 
 means a material impairment of a school board employee's physical health or 
 bodily integrity, as documented by a physician or another licensed 
 health care provider.

"Psychological 
 harm" means a material impairment of a school board employee's mental 
 health, as documented by a psychologist, psychiatrist, or psychotherapist or another licensed 
 mental health care provider.

� 22.1-314.2. School 
 board policies.

Each school board shall 
 adopt policies to:

1