Shelby County Board of Education
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6408


HARASSMENT, INTIMIDATION, OR BULLYING OF STUDENTS
(Sexual, Racial, Ethnic, Religious)


We strive for a learning environment for students that is free from sexual, racial, ethnic, and religious harassment, intimidation or bullying. It shall be a violation of this policy for any employee or any student to harass a student through disparaging conduct or communication that is sexual, racial, ethnic, or religious in nature. The following guidelines are set forth to protect students from harassment:

Student harassment will not be tolerated. Tennessee law1 defines “harassment, intimidation or bullying” as “any act that substantially interferes with a student’s educational benefits, opportunities or performance, that takes place on school grounds, at any school-sponsored activity, on school-provided transportation, or at any official school bus stop, and that has the effect of:

  1. Physically harming a student or damaging a student’s property;
  2. Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property; or
  3. Creating a hostile educational environment.
  4. Imply that submission to such conduct is made an explicit or implicit term of receiving grades or credit; or
  5. Imply that submission to or rejection of such conduct will be used as a basis for determining the student's grades and/or participation in a student activity.
Alleged victims of sexual, racial, ethnic, and religious harassment shall report these incidents immediately to a teacher, counselor, or building administrator. Incidents reported to staff shall then be reported to the building administrator immediately “but no later than 24 hours” of the student’s expressed concern. Parents/guardians of alleged victim shall be notified by phone or in person prior to the end of the school day. Allegations of harassment intimidation or bullying shall be fully investigated by a building administrator. An oral complaint may be submitted, however, such complaint must be reduced to writing to ensure a more complete investigation. The complaint should include the following information:

Identity of the alleged victim and the person accused;
Location, date, time and circumstances surrounding alleged incident;
Description of what happened;
Identity of witnesses; and
Any other evidence available.

After a complete investigation, if the allegations are substantiated, immediate and appropriate corrective or disciplinary action shall be initiated. A school representative will meet with and advise the complainant and their parent/guardian regarding the findings, and whether corrective measures, and/or disciplinary action were taken. The investigation and response to the complainant will be completed within 30 school days.

If the complainant is not in agreement with the findings of fact at the local school level, the complainant may, within five (5) work days, contact the Federal Rights Coordinator. A system representative will review the investigation of the alleged charges. Upon completion of the review, a system representative will meet with and advise the complainant regarding the findings, and whether corrective measures, and/or disciplinary action were taken. Documentation will be filed with the Superintendent.

If the complainant is not in agreement with the findings of fact as reported by the system representative, an appeal may be made, within five (5) work days, to the Superintendent. The Superintendent will review the investigation, make any corrective action deemed necessary, and provide a written response to the complainant. If the complainant is not in agreement with the Superintendent's findings of fact, appeal may be made to the Board of Education within five (5) work days. The Board will review the investigation and the actions of the Superintendent and may support, amend, or overturn the actions based upon review OR may have a full hearing before the Board.

A substantiated charge against an employee may subject such person to disciplinary action up to and including termination. A substantiated charge against a student may result in corrective or disciplinary action up to and including suspension.

There will be no retaliation against any person who reports harassment or participates in an investigation. However, any employee who refuses to cooperate or gives false information during the course of any investigation may be subject to disciplinary action. The willful filing of a false report will itself be considered harassment and will be treated as such.

An employee disciplined pursuant to this policy may appeal the decision by contacting the Federal Rights Coordinator. Any student disciplined pursuant to this policy may appeal the decision in accordance with Shelby County disciplinary policies and procedures.

This policy shall appear in the parent/student handbook distributed annually to every student. Building administrators are responsible for ongoing education, formal and informal, regarding this policy and procedure in the building in which they work.


1T.C.A. §49-6-1015 (1)(2)(3)

Adopted 03/18/93
Revised 09/25/97
Revised 04/28/05
Edited 06/30/05
Revised 02/24/06