Below is the model bullying policy made available by the Tennessee State Department of Education for school districts within Tennessee to use when crafting their own bullying and cyberbullying policies. Each state’s policies vary when it comes to how they: define bullying, harassment, threats, intimidation, and violence; expect reporting and investigating to be carried out, specify response strategies, define penalties, and prescribe certain types of prevention programs and practices.
We recommend that you review and consider updating your own bullying policy on an annual basis with input from educators, administrators, counselors, mental health professionals, parents, and students themselves. That will optimize the likelihood that the policy you implement achieves its goals.
Last Updated: August 7, 2019
URL of Source: https://www.tn.gov/education/health-and-safety/bullying-and-harassment.html
This policy is intended only to be a sample and does not represent legal advice. Local board attorneys should review all policies prior to adoption.
General Statements and Definitions
The (LEA name) Board of Education has determined that a safe, civil, and supportive environment in school is necessary for students to learn and achieve high academic standards. In order to maintain that environment, the (LEA name) Board of Education prohibits acts of harassment, bullying, cyber-bullying, intimidation, or any other victimization of students, based on any actual or perceived traits or characteristics. To that end, the (LEA name) Board of Education has in place processes and procedures to address incidents of bullying and harassment.
This policy will be annually disseminated to all school staff, students, and parents and may be publicized in student handbooks and district/school web sites. This policy is in effect while students are on school property, at any school-sponsored activity, on school-provided equipment or transportation, or at any official school bus stop. If the act takes place off school property or outside of a school-sponsored activity, this policy is in effect if the conduct 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.
Pursuant to Tenn. Code Ann. § 49-6-1015, “Harassment, intimidation, or bullying” means an act that substantially interferes with a student’s educational benefits, opportunities, or performance and 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
Tenn. Code Ann. § 49-6-15, defines “Cyber-bullying” as bullying undertaken through the use of electronic devices. Electronic devices include, but are not limited to, telephones, cellular phone or other wireless telecommunication devices, text messaging, emails, social networking sites, instant messaging, videos, web sites or fake profiles.
The U.S. Department of Education Office for Civil Rights further clarifies “harassment” as conduct that meets the following criteria:
- Unwelcome conduct based on a protected class (race, national, origin, color, gender, age, disability, religion) that is severe, pervasive, or persistent and creates a hostile environment.
- “Sexual Harassment” includes unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual
Other acts of violent behavior may include:
“Hazing” which involves any intentional or reckless act, on or off LEA property, by one student acting alone or with others that is directed against any other student, that endanger the mental or physical health or safety of that student or that induces or coerces a student to endanger that student’s mental or physical health or safety. See Tenn. Code Ann. § 49-2-120.
“Hazing” does not include customary athletic events or similar contest or competitions and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.
When looking at the totality of the circumstances, harassment, bullying, cyber-bullying, or any other disruptive or violent behavior includes conduct such as gestures, written, verbal, graphic, or written acts, including electronically transmitted acts, toward a student which is based on any actual or perceived trait or characteristic of the student and creates an educational environment that meets one or more of the following conditions:
- Places the student in reasonable fear or harm to the student’s person or property;
- Has substantially detrimental effect on the student’s physical or mental health;
- Has the effect of substantially interfering with the student’s academic performance; or
- Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a
Reporting and Investigations
The (LEA name) Board of Education requires the principal and/or principal’s designee, at each school to be responsible for investigating and resolving complaints alleging violations of this policy. The principal and/or principal’s designee is responsible for determining whether an alleged act constitutes a violation of this policy. In doing so, the principal and/or principal’s designee, shall conduct a prompt, thorough, and complete investigation of each alleged incident. Within the parameters of the federal Family Educational Rights and Privacy Act (FERPA) at 20 U.S.C. § 1232g, a written report on the investigation will be delivered to the parents of the complainant and accused students and to the Director of Schools.
All school employees are required to report alleged violations of this policy to the principal and/or principal’s designee. All other members of the school community, including students, parents, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy. Reports may be made anonymously; however, such complaints may affect the school’s ability to issue formal disciplinary action.
LEA Prevention and Intervention Response
Consequences and appropriate remedial actions for anyone who commits one or more acts of harassment, bullying, or other acts of violent behavior may range from positive behavioral interventions up to and including suspension or expulsion, as set forth in the Board of Education’s approved code of conduct.
School administrators shall consider the nature and circumstances of the incident, the age and maturity of the student, the degree of harm, previous incidences or patterns of behavior, or any other factors, as appropriate to properly respond to each situation. Consequences for a student who commits an act of harassment, bullying, or other act of violent behavior shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors and performance, and must be consistent with the Board of Education’s approved code of student conduct.
Remedial measures shall be designed to:
- Correct the problem behavior;
- Prevent other occurrences of the behavior; and
- Protect the complainant of the
Effective discipline should employ a school-wide approach to adopt a procedure of handling harassment or bullying offenses and the associated consequences. This procedure should reflect appropriate potential consequences in accordance with discipline policies. The Director of Schools shall be responsible for the development and enforcement of this requirement.
Reprisal, Retaliation, and False Accusations
The (LEA name) Board of Education prohibits reprisal or retaliation against any person who reports or assists in any investigation of an act alleged in this policy. The consequences of appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the administrator after consideration of the nature, severity, and circumstances of the act.
The (LEA name) Board of Education prohibits any person from falsely accusing another of having committed an act of harassment or bullying as means of reprisal or retaliation or of harassment or bullying. The consequences and appropriate remedial action for a person found to have falsely accused another as a means of reprisal or retaliation or harassment or bullying may range from positive behavioral interventions up to and including suspension and expulsion.
Legal Guidance
49-6-4503. Adoption of policy prohibiting harassment, intimidation, bullying or cyber-bullying by the school district.
(a) Each school district shall adopt a policy prohibiting harassment, intimidation, bullying or cyber-bullying. School districts are encouraged to develop the policy after consultation with parents and guardians, school employees, volunteers, students, administrators and community representatives.
(b) School districts shall include in the policies:
(1) A statement prohibiting harassment, intimidation, bullying or cyber-bullying;
(2) A definition of harassment, intimidation, bullying or cyber-bullying;
(3) A description of the type of behavior expected from each student;
(4) A statement of the consequences and appropriate remedial action for a person who commits an act of harassment, intimidation, bullying or cyber-bullying;
(5) A procedure for reporting an act of harassment, intimidation, bullying or cyber-bullying, including a provision that permits a person to report an act of harassment, intimidation, bullying or cyber-bullying anonymously. Nothing in this section may be construed to permit formal disciplinary action solely on the basis of an anonymous report;
(6) A procedure for the prompt and immediate investigation when an act of harassment, intimidation, bullying, or cyber-bullying is reported to the principal, the principal’s designee, teacher, or school counselor. The principal or the principal’s designee shall initiate the investigation within forty-eight (48) hours of receipt of the report, unless the need for more time is appropriately documented, and the principal or the principal’s designee shall initiate an appropriate intervention within twenty (20) calendar days of receipt of the report, unless the need for more time is appropriately documented;
(7) A statement of the manner in which a school district shall respond after an act of harassment, intimidation, bullying or cyber-bullying is reported, investigated and confirmed;
(8) A statement of the consequences and appropriate remedial action for a person found to have committed an act of harassment, intimidation, bullying or cyber-bullying;
(9) A statement prohibiting reprisal or retaliation against any person who reports an act of harassment, intimidation, bullying or cyber-bullying and stating the consequences and appropriate remedial action for a person who engages in such reprisal or retaliation;
(10) A statement of the consequences and appropriate remedial action for a person found to have falsely accused another of having committed an act of harassment, intimidation, bullying or cyber-bullying as a means of reprisal or retaliation or as a means of harassment, intimidation, bullying or cyber-bullying;
(11) A statement of how the policy is to be publicized within the district, including a notice that the policy applies to behavior at school-sponsored activities;
(12) The identification by job title of school officials responsible for ensuring that the policy is implemented;
(13) A procedure for discouraging and reporting conduct aimed at defining a student in a sexual manner or conduct impugning the character of a student based on allegations of sexual promiscuity; and
(14) A procedure for a referral for appropriate counseling and support services for students involved in an act of harassment, intimidation, bullying, or cyber-bullying, when deemed necessary by the principal. The counseling and support services may be conducted by school counseling personnel who are appropriately trained, such as psychologists, social workers, school counselors, or any other personnel or resources available.
(c)
(1) Each LEA shall, at the beginning of each school year, provide teachers and school counselors a copy of the policy along with information on the policy’s implementation, bullying prevention and strategies to address bullying and harassment when it happens. In addition, each LEA shall provide training to teachers and counselors regarding the policy and appropriate procedures relative to implementation of the policy. The department of education shall provide guidelines for such training and provide recommendations of appropriate, available and free bullying and harassment prevention resources.
(2) Each LEA shall also:
(A) At the beginning of the school year, make available to students and parents information relative to bullying prevention programs to promote awareness of the harmful effects of bullying and to permit discussion with respect to prevention policies and strategies;
(B) Beginning August 1, 2016, and annually thereafter, complete and submit a report to the department of education. The report shall be in a format provided by the department and shall include:
(i) The number of harassment, intimidation, bullying, or cyber-bullying cases brought to the attention of school officials during the preceding year;
(ii) The number of harassment, intimidation, bullying, or cyber-bullying cases where the investigation supported a finding that bullying had taken place;
(iii) The number of harassment, intimidation, bullying, or cyber-bullying case investigations not initiated within forty-eight (48) hours of the receipt of the report and the reason the investigation was not initiated within forty-eight (48) hours;
(iv) The number of harassment, intimidation, bullying, or cyber-bullying cases where an appropriate intervention was not initiated within twenty (20) calendar days of receipt of the report and the reason the intervention took longer than twenty (20) calendar days to initiate; and
(v) The type of harassment, intimidation, bullying, or cyber-bullying identified and manner in which the harassment, intimidation, bullying, or cyber-bullying cases were resolved, including any disciplinary action against the student who was harassing, intimidating, bullying, or cyber-bullying.
(3) The department shall annually submit a report to the education administration and planning committee of the house of representatives, the education instruction and programs committee of the house of representatives, and the education committee of the senate updating membership on the number of harassment, intimidation, bullying, or cyber-bullying cases reported statewide, the number of LEAs implementing this part, the status of any investigations, including disciplinary actions against students, and any other information relating to the subjects of harassment, intimidation, bullying, or cyber-bullying as will be helpful to the committees in establishing policy in this area.
(d)
(1) The principal of a middle school, junior high school, or high school, or the principal’s designee, shall investigate harassment, intimidation, bullying or cyber-bullying when a student reports to any principal, teacher or guidance counselor that physical harm or a threat of physical harm to such student’s person or property has occurred.
(2) The principal, or the principal’s designee, shall immediately inform the parent or legal guardian of a student involved in an act of harassment, intimidation, bullying, or cyber-bullying. The principal or the principal’s designee shall inform the parents or legal guardians of the students of the availability of counseling and support services that may be necessary.
(3) Following any investigation required by this part, the principal or such principal’s designee shall report the findings, along with any disciplinary action taken, to the director of schools and the chair of the local board of education.
Sample Bullying and Harassment Policy
This policy is intended only to be a sample and does not represent legal advice. Local board attorneys should review all policies prior to adoption.
General Statements and Definitions
The (LEA name) Board of Education has determined that a safe, civil, and supportive environment in school is necessary for students to learn and achieve high academic standards. In order to maintain that environment, the (LEA name) Board of Education prohibits acts of harassment, bullying, cyber-bullying, intimidation, or any other victimization of students, based on any actual or perceived traits or characteristics. To that end, the (LEA name) Board of Education has in place processes and procedures to address incidents of bullying and harassment.
This policy will be annually disseminated to all school staff, students, and parents and may be publicized in student handbooks and district/school web sites. This policy is in effect while students are on school property, at any school-sponsored activity, on school-provided equipment or transportation, or at any official school bus stop. If the act takes place off school property or outside of a school-sponsored activity, this policy is in effect if the conduct 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.
Pursuant to Tenn. Code Ann. § 49-6-1015, “Harassment, intimidation, or bullying” means an act that substantially interferes with a student’s educational benefits, opportunities, or performance and 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.
Tenn. Code Ann. § 49-6-15, defines “Cyber-bullying” as bullying undertaken through the use of electronic devices. Electronic devices include, but are not limited to, telephones, cellular phone or other wireless telecommunication devices, text messaging, emails, social networking sites, instant messaging, videos, web sites or fake profiles.
The U.S. Department of Education Office for Civil Rights further clarifies “harassment” as conduct that meets the following criteria:
- Unwelcome conduct based on a protected class (race, national, origin, color, gender, age, disability, religion) that is severe, pervasive, or persistent and creates a hostile environment.
- “Sexual Harassment” includes unwelcome conduct of a sexual nature, which can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature.
Other acts of violent behavior may include:
“Hazing” which involves any intentional or reckless act, on or off LEA property, by one student acting alone or with others that is directed against any other student, that endanger the mental or physical health or safety of that student or that induces or coerces a student to endanger that student’s mental or physical health or safety. See Tenn. Code Ann. § 49-2-120.
“Hazing” does not include customary athletic events or similar contest or competitions and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.
When looking at the totality of the circumstances, harassment, bullying, cyber-bullying, or any other disruptive or violent behavior includes conduct such as gestures, written, verbal, graphic, or written acts, including electronically transmitted acts, toward a student which is based on any actual or perceived trait or characteristic of the student and creates an educational environment that meets one or more of the following conditions:
- Places the student in reasonable fear or harm to the student’s person or property;
- Has substantially detrimental effect on the student’s physical or mental health;
- Has the effect of substantially interfering with the student’s academic performance; or
- Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
Reporting and Investigations
The (LEA name) Board of Education requires the principal and/or principal’s designee, at each school to be responsible for investigating and resolving complaints alleging violations of this policy. The principal and/or principal’s designee is responsible for determining whether an alleged act constitutes a violation of this policy. In doing so, the principal and/or principal’s designee, shall conduct a prompt, thorough, and complete investigation of each alleged incident. Within the parameters of the federal Family Educational Rights and Privacy Act (FERPA) at 20 U.S.C. § 1232g, a written report on the investigation will be delivered to the parents of the complainant and accused students and to the Director of Schools.
All school employees are required to report alleged violations of this policy to the principal and/or principal’s designee. All other members of the school community, including students, parents, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy. Reports may be made anonymously; however, such complaints may affect the school’s ability to issue formal disciplinary action.
LEA Prevention and Intervention Response
Consequences and appropriate remedial actions for anyone who commits one or more acts of harassment, bullying, or other acts of violent behavior may range from positive behavioral interventions up to and including suspension or expulsion, as set forth in the Board of Education’s approved code of conduct.
School administrators shall consider the nature and circumstances of the incident, the age and maturity of the student, the degree of harm, previous incidences or patterns of behavior, or any other factors, as appropriate to properly respond to each situation. Consequences for a student who commits an act of harassment, bullying, or other act of violent behavior shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors and performance, and must be consistent with the Board of Education’s approved code of student conduct.
Remedial measures shall be designed to:
- Correct the problem behavior;
- Prevent other occurrences of the behavior; and
- Protect the complainant of the act.
Effective discipline should employ a school-wide approach to adopt a procedure of handling harassment or bullying offenses and the associated consequences. This procedure should reflect appropriate potential consequences in accordance with discipline policies. The Director of Schools shall be responsible for the development and enforcement of this requirement.
Reprisal, Retaliation, and False Accusations
The (LEA name) Board of Education prohibits reprisal or retaliation against any person who reports or assists in any investigation of an act alleged in this policy. The consequences of appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the administrator after consideration of the nature, severity, and circumstances of the act.
The (LEA name) Board of Education prohibits any person from falsely accusing another of having committed an act of harassment or bullying as means of reprisal or retaliation or of harassment or bullying. The consequences and appropriate remedial action for a person found to have falsely accused another as a means of reprisal or retaliation or harassment or bullying may range from positive behavioral interventions up to and including suspension and expulsion.
