Harassment, intimidation or bullying means any act that substantially interferes with a student's educational benefits, opportunities or performance; and:

• If the act takes place on school grounds, at any school-sponsored activity, on school-provided equipment or transportation or at any official school bus stop, the act has the effect of:

  • Physically harming a student or damaging a student's property;

  • Knowingly placing a student or students in reasonable fear of physical harm to the student or damage to the student's property;

  • Causing emotional distress to a student or students; or

  • Creating a hostile educational environment; or

• If the act takes place off school property or outside of a school-sponsored activity, it is directed specifically at a student or students and has the effect of creating a hostile educational environment or otherwise creating a substantial disruption to the education environment or learning process.

Cyberbullying means bullying as described above undertaken through the use of electronic devices. Electronic devices include, but are not limited to, telephones, cellular phones or other wireless telecommunication devices, personal digital assistants (PDAs), computers, mobile device applications, electronic mail, instant messaging, social media services, text messaging, and web sites. The Sevier County Board of Education will not tolerate cyberbullying on school grounds or via school-provided equipment, devices or accounts. The Board will also not tolerate cyberbullying off school grounds if it is directed specifically at a student(s) and has the effect of creating a hostile educational environment or otherwise creating a substantial disruption to the educational environment or learning process.

Any parent or student may complain of harassment, intimidation, bullying or cyberbullying to a teacher, counselor, administrator, or directly to the Director of Student Services. A student’s parent(s) or legal guardian will be informed immediately if their student is involved in an act of intimidation, harassment, bullying or cyberbullying. The student’s parent or legal guardian will be informed of the availability of counseling and support services necessary for the student. Any complaint or report will be fully investigated by either a building level administrator or someone designated by the Director of Student Services within forty-eight (48) hours of receiving any complaint or report.

If additional time to fully investigate the Complaint or report is necessary, the investigating party will document that need and reasons therefore in the investigation. After reviewing and investigating a complaint, the administrator or designee will make a determination as to whether discrimination, harassment, intimidation, bullying or cyberbullying occurred. When investigating and reviewing a complaint, the administrator or designee should – whenever possible – consider credibility, documentary/tangible evidence and interviews of the complainant, the accused and necessary third-party witnesses. The administrator or designee will provide a copy his/her determination in writing to the Director of Student Services.

There will be no retaliation against any person who makes a good faith complaint/report under this policy. However, any student or employee who provides false information may be subject to disciplinary action. The knowing filing of a false complaint/report will itself be considered harassment and will be treated as such by the school system. Any employee who refuses to cooperate during an investigation under this policy may be subject to disciplinary action based on insubordination and neglect of duty.

The school system will strive to protect the privacy/anonymity of all parties and witnesses to complaints under this policy. Because an individual’s need for privacy must be balanced with obligations to cooperate with police investigations and/or legal proceedings, however, the identity of parties and witnesses may be disclosed in appropriate circumstances to individuals with an actual need to know. In the event the investigator deems it necessary, the investigator will refer a student involved in an act of harassment, intimidation, bullying, or cyberbullying to appropriate counseling and support services.

If an administrator or designee determines that discrimination, harassment, intimidation, bullying, or cyberbullying occurred (i.e. the complaint is more likely to be true than not true), he/she must either take disciplinary action or recommend that the Superintendent of Schools take disciplinary action within twenty (20) calendar days from the receipt of the complaint or report. If additional time to make a determination is necessary, the investigating party will document that need and reasons therefore in the investigation. A substantiated charge against an employee will result in disciplinary action up to and including dismissal. A substantiated charge against a student will result in disciplinary action up to and including suspension/expulsion.