The bill H.441, introduced by Representative Christie of Hartford, seeks to amend existing laws regarding harassment in schools by removing the requirement that harassment must be "severe or pervasive" to be considered unlawful discrimination. The bill redefines harassment to include any incident of verbal, written, visual, or physical conduct motivated by a student's or their family member's actual or perceived characteristics, such as race, gender identity, or disability. The new language clarifies that a single incident can constitute harassment and that incidents should be evaluated in totality rather than in isolation. Additionally, it specifies that behavior deemed trivial by a reasonable person will not qualify as harassment.
The bill also modifies the legal standards for proving unlawful harassment in educational settings. It eliminates the requirement for plaintiffs to demonstrate that the conduct was either pervasive or severe, instead focusing on whether the student experienced unwelcome conduct based on protected characteristics. The bill repeals certain provisions that previously exempted actions brought under this chapter from being subject to the new definitions. If passed, the act is set to take effect on July 1, 2025.
Statutes affected: As Introduced: 16-11, 16-570f, 9-4501