Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.3031
04/03/23
Use of Metal Detectors
Rescinds:
Issued:
6.3031
02/01/21
1
In view of the escalating presence of weapons in the schools, the Board of Education authorizes the use
2
of hand-held or walk-through metal detectors to check a student's person or personal effects as
3
follows:
4
School officials or law enforcement officers may conduct metal detector checks of groups of
5
individuals if the checks are done in a minimally-intrusive, nondiscriminatory manner (e.g., on all
6
students in a randomly selected class; or every third individual entering an athletic event). Metal
7
detector checks of groups of individuals may not be used to single out a particular individual or
8
category of individuals.
9
If a school official or a law enforcement officer has reasonable suspicion to believe that a particular
10
student is in possession of an illegal or unauthorized metal-containing object or weapon, s/he may
11
conduct a metal detector check of the student's person and personal effects.
12
A student's failure to permit a metal detector check as provided in this policy will be considered
13
grounds for disciplinary action including possible suspension.
14
The director of schools shall develop procedures for implementing this policy.
Version Date: April 11, 2023
Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.304
04/03/23
Student Discrimination/Harassment
Rescinds:
Issued:
and Bullying/Intimidation and
6.304
02/01/21
Cyberbullying
1
The Hickman County Board of Education has determined that a safe, civil, and supportive environment
2
in school is necessary for students to learn and achieve high academic standards. In order to maintain
3
that environment, acts of bullying, cyber-bullying, discrimination, harassment, hazing or any other
4
victimization of students, based on any actual or perceived traits or characteristics, are prohibited.¹
5
This policy shall be disseminated annually to all school staff, students, and parents. 2 This policy shall
6
cover employees, employees' behaviors, students and students' behaviors while on school property, at
7
any school-sponsored activity, on school-provided equipment or transportation, or at any official school
8
bus stop. If the act takes place off school property or outside of a school-sponsored activity, this policy
9
is in effect if the conduct is directed specifically at a student or students and has the effect of creating a
10
hostile educational environment or otherwise creating a substantial disruption to the education
11
environment or learning process.
12
Building administrators are responsible for educating and training their respective staff and students as
13
to the definition and recognition of violations of this policy.³
14
DEFINITIONS⁴
15
Bullying/Intimidation/Harassment - An act that substantially interferes with a student's educational
16
benefits, opportunities, or performance, and the act has the effect of:
17
Physically harming a student or damaging a student's property;
18
Knowingly placing a student or students in reasonable fear of physical harm to the student or
19
damage to the student's property;
20
Causing emotional distress to a student or students; or
21
Creating a hostile educational environment.
22
Bullying, intimidation, or harassment may also be unwelcome conduct based on a protected class (race,
23
nationality, origin, color, gender, age, disability, religion) that is severe, pervasive, or persistent and
24
creates a hostile environment.
25
Cyber-bullying - A form of bullying undertaken through the use of electronic devices. Electronic devices
26
include, but are not limited to, telephones, cellular phones or other wireless telecommunication devices,
27
text messaging, emails, social networking sites, instant messaging, videos, web sites or fake profiles.
28
Hazing - An intentional or reckless act by a student or group of students that is directed against any other
29
student(s) that endangers the mental or physical health or safety of the student(s) or that induces or
30
coerces a student to endanger his/her mental or physical health or safety. Coaches and other employees
31
of the school district shall not encourage, permit, condone or tolerate hazing activities.
Version Date: April 11. 2023
Student Discrimination, Harassment, Bullying, Cyber-bullving and Intimidation
6.304
1
"Hazing" does not include customary athletic events or similar contest or competitions and is limited to
2
those actions taken and situations created in connection with initiation into or affiliation with any
3
organization.⁵
4
COMPLAINTS AND INVESTIGATIONS
5
Any individual who has knowledge of behaviors that may constitute a violation of this policy shall
6
promptly report such information to the principal/designee. 6
7
Alleged victims of the above-referenced offenses shall report these incidents immediately to a teacher,
8
counselor or building administrator.³ All school employees are required to report alleged violations of
9
this policy to the principal/designee. All other members of the school community, including students,
10
parents, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy.
11
While reports may be made anonymously, an individual's need for confidentiality must be balanced with
12
obligations to cooperate with police investigations or legal proceedings, to provide due process to the
13
accused, to conduct a thorough investigation or to take necessary actions to resolve a complaint, and the
14
identity of parties and witnesses may be disclosed in appropriate circumstances to individuals with a
15
need to know.
16
The principal/designee at each school shall be responsible for investigating and resolving complaints.
17
Once a complaint is received, the principal/designee shall initiate and investigation within forty-eight
18
(48) hours of receipt of the report. 4 If a report is not initiated within forty-eight (48) hours, the
19
principal/designee shall provide the director of schools with appropriate documentation detailing the
20
reasons why the investigation was not initiated within the required timeframe.
21
The principal/designee shall notify the parent/legal guardian when a student is involved in an act of
22
discrimination, harassment, intimidation, bullying, or cyber-bullying. The principal/designee shall
23
provide information on district counseling and support services. Students involved in an act of
24
discrimination, harassment, intimidation, bullying, or cyber-bullying shall be referred to the appropriate
25
school counselor by the principal/designee when deemed necessary.⁸
26
The principal/designee is responsible for determining whether an alleged act constitutes a violation of
27
this policy, and such act shall be held to violate this policy when it meets one of the following conditions:
28
It places the student in reasonable fear or harm for the student's person or property;
29
It has a substantially detrimental effect on the student's physical or mental health;
30
It has the effect of substantially interfering with the student's academic performance; or
31
It has the effect of substantially interfering with the student's ability to participate in or benefit
32
from the services, activities, or privileges provided by a school.
33
Upon the determination of a violation, the principal/designee shall conduct a prompt, thorough, and
34
complete investigation of each alleged incident. All investigations shall be completed and appropriate
35
intervention taken within twenty (20) calendar days from the receipt of the initial report. 7 If the
36
investigation is not complete or intervention has not taken place within twenty (20) calendar days, the
37
principal/designee shall provide the director of schools with appropriate documentation detailing the
38
reasons why the investigation has not been completed or the appropriate intervention has not taken
39
place.⁷
Page 2 of 4
Student Discrimination. Harassment, Bullying, Cyber-bullying and Intimidation
6.304
1
RESPONSE AND PREVENTION 10
2
School administrators shall consider the nature and circumstances of the incident, the age of the
3
violator, the degree of harm, previous incidences or patterns of behavior, or any other factors, as
4
appropriate to properly respond to each situation.
5
A substantiated charge against an employee shall result in disciplinary action up to and including
6
termination. A substantiated charge against a student may result in corrective or disciplinary action up
7
to and including suspension.
8
An employee disciplined for violation of this policy may appeal the decision by contacting the Federal
9
Rights Coordinator or Director of Schools. Any student disciplined for violation of this policy may
10
appeal the decision in accordance with disciplinary policies and procedures.
11
REPORTS
12
When a complaint is filed alleging a violation of this policy where there is physical harm or the threat
13
of physical harm to a student or a student's property, the principal/designee of each middle school,
14
junior high school, or high school shall report the findings and any disciplinary actions taken to the
15
director of schools and the chair of the board of education. 11
16
By July 1 of each year, the director of schools/designee shall prepare a report of all of the bullying
17
cases brought to the attention of school officials during the prior academic year. The report shall also
18
indicate how the cases were resolved and/or the reasons they are still pending. This report shall be
19
presented to the board of education at its regular July meeting, and it shall be submitted to the state
20
department of education by August 1. 12
21
The director of schools shall develop forms and procedures to ensure compliance with the
22
requirements of this policy and TCA 49-6-1016.
23
RETALIATION AND FALSE ACCUSATIONS
24
Retaliation against any person who reports or assists in any investigation of an act alleged in this
25
policy is prohibited. The consequences and appropriate remedial action for a person who engages in
26
retaliation shall be determined by the administrator after consideration of the nature, severity, and
27
circumstances of the act. 13
28
False accusations accusing another person of having committed an act prohibited under this policy are
29
prohibited. The consequences and appropriate remedial action for a person found to have falsely
30
accused another may range from positive behavioral interventions up to and including suspension and
31
expulsion. 14
Page 3 of 4
Legal References
Cross References
1.
TCA 49-6-4503(a), (b)(3); 20 USCA §§ 1681 to 1686
Appeals to and Appearances Before the Board 1.404
2.
TCA 49-6-4503(b)(11)
Section 504 and ADA Grievance Procedures 1.802
3.
TCA 49-6-4503(b)(12)
Staff-Student Relations 5.610
4.
TCA 49-6-4503(b)(2), (13)
Student Goals 6.100
5.
TCA 49-2-120
Title IX & Sexual Harassment 6.3041
6.
TCA 49-6-4503(b)(5)
Code of Conduct 6.300
7.
TCA 49-6-4503(b)(6)
Student Concerns 6.305
8. TCA 49-6-4503(b)(14)
Reporting Child Abuse 6.409
9. 20 USCA § 1232g
Emergency Contact Information 6.410
10. TCA 49-6-4503(b)(4), (7)-(8)
Student Suicide Prevention 6.415
11. TCA 49-6-4503(d)(3)
12. TCA 49-6-4503(c)(2)(B)
13. TCA 49-6-4503(b)(9)
14. TCA 49-6-4503(b)(10)
Version Date: April 11. 2023
Hickman County School System
Student
6.304AP
Discrimination/Harassment, and
Bullying/Intimidation
Purpose:
The purpose of the procedure on bullying is to promote consistency of approach and to create a
climate in which all types of bullying are regarded as unacceptable. Attitudes and practices can
contribute to bullying, to lower levels of confidence, self-esteem and lack of achievement.
Goals:
The Hickman County 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. The
anti-bullying program with Hickman County Schools seeks to accomplish the following goals:
- To promote a secure and happy environment free from threat, harassment and any type of
bullying behavior.
- To take positive action to prevent bullying from occurring.
- To inform parents and students of the school's expectations and to foster a productive
partnership which helps to maintain a bully-free environment.
- To make staff aware of their role in fostering the knowledge and attitudes which will be
required to achieve the above items.
Definition of Bullying Bullying/Intimidation/Harassment
- 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.
Bullying, intimidation, or harassment may also be 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. For further clarification, see Policy 6.304.
Crucial Factors to Combat Bullying
1. Awareness and involvement on the part of adults, with regards to bully-victim problems.
2. Survey of bully/victim problems to determine the scope of the problem in each school.
3. School assemblies regarding bully/victim problems.
4. Appropriate supervision during recess, lunch time and changing of classes by adult staff.
110
5. Consistent and immediate consequences for aggressive behavior.
6. Implementation of SWPBS (School Wide Positive Behavior Supports) for each school.
7. Specific class rules against bullying.
8. Unit of studying on bullying completed through the guidance departments.
9. Serious individual talks with bullies and with victims. Serious talks with parents of bullies and
victims.
10. Involving the school leadership team to discuss ways to include in SIP.
11. A curriculum which promotes communication, friendship and assertive skills such as the
bucket filler method.
12. Improved communication among administrators, teachers, parents and staff.
13. Listening respectfully to bullying concerns raised by student, parents and staff.
14. Avoidance of sex-role stereotyping. (e.g. males need to be strong and tough).
15. Avoidance of competitiveness for academic and social/emotional activities.
16. Use of classmates to help alleviate the plight of victims and include them in group activities.
The above measures are considered part of an effective school- wide anti-bullying program, per
research on this topic.
Staff Responsibilities
1. To implement procedures to confront bullying in any form.
2. To listen to all parties involved in incidents.
3. To investigate and document as fully as possible.
4. To take appropriate action, or to refer the matter to a member of the administration.
5. To record and inform parents of bullying incidents.
6. To promote the use of a range of teaching and learning styles and strategies which challenge
bullying behavior.
7. To promote open management styles which facilitate communication and consultation
throughout the school setting.
8. To foster by example the values the school believes in.
9. To promote the use of interventions which are the least intrusive and most effective.
10. To hold regular discussions on this issue with administration, staff, students and parents.
11. To support victims of bullying by means of individual and peer counseling.
12. To initiate efforts to change the behavior of the bullies through class discussions,
counseling, reinforcement and sanctions where appropriate
111
Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.3041
04/03/23
Title IX & Sexual Harassment
Rescinds:
Issued:
6.3041
02/01/21
1
General
2
In order to maintain a safe, civil, and supportive learning environment, all forms of sexual harassment
3
and discrimination on the basis of sex are prohibited. This policy shall cover employees, employees'
4
behaviors, students, and students' behaviors while on school property, at any school-sponsored activity,
5
on school-provided equipment or transportation, or at any official school bus stop in accordance with
6
federal law. This policy shall be disseminated annually to all school staff, students, and
7
parent(s)/guardian(s).² The Title IX Coordinator as well as any personnel chosen to facilitate the
8
grievance process shall not have a conflict of interest against any party of the complaint. 3 These
9
individuals shall receive training as to how to promptly and equitably resolve student and employee
10
complaints.³
11
All employees shall receive training on complying with this policy and federal law.⁴
12
TITLE IX COORDINATOR⁵
13
The Title IX Coordinator shall respond promptly to all general reports as well as formal complaints of
14
sexual harassment. He/she shall be kept informed by school-level personnel of all investigations and
15
shall provide input on an ongoing basis as appropriate.
16
Any individual may contact the Title IX Coordinator at any time using the information below:
17
115 Murphree Ave.
18
931-729-3391
19
becky.malugin@hickmank12.org
20
DEFINITONS⁴
21
"Complainant" is an individual who is alleged to be the victim of conduct that could constitute sexual
22
harassment.
23
"Respondent" is an individual who is reported to be the perpetrator of conduct that could constitute
24
sexual harassment.
25
"Sexual harassment" is conduct on the basis of sex that satisfies one or more of the following:3
Version Date: October 19. 2023
Title IX & Sexual Harassment
6.3041
1
1. A school district employee conditioning an aid, benefit, or service of an education program or
2
activity on an individual's participation in unwelcome sexual conduct;
3
4
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and
5
objectively offensive that it effectively denies a person equal access to the education program
6
or activity; or
7
3. Sexual assault,⁶ dating violence, domestic violence,⁸ or stalking⁹ as defined in state and federal
8
law.
9
Behaviors that constitute sexual harassment may include, but are not limited to:
10
1. Sexually suggestive remarks;
11
12
2. Verbal harassment or abuse;
13
14
3. Sexually suggestive pictures;
15
16
4. Sexually suggestive gesturing;
17
18
5. Harassing or sexually suggestive or offensive messages that are written or electronic;
19
20
6. Subtle or direct propositions for sexual favors; and
21
22
7. Touching of a sexual nature.
23
Sexual harassment may be directed against a particular person or persons, or a group, whether of the
24
opposite sex or the same sex.
25
"Supportive measures" are non-disciplinary, non-punitive, individualized services and shall be offered
26
to the complainant and the respondent, as appropriate. These measures may include, but are not limited
27
to, the following:
28
1. Counseling;
29
30
2. Course modifications;
31
32
3. Schedule changes; and
33
34
4. Increased monitoring or supervision.
35
The measures offered to the complainant and the respondent shall remain confidential to the extent that
36
maintaining such confidentiality would not impair the ability of the school district to provide the
37
supportive measures.
38
GRIEVANCE PROCESS
Page 2 of 6
Title IX & Sexual Harassment
6.3041
1
Upon learning of an instance of alleged sexual harassment, even if no formal complaint is filed, the
2
Title IX Coordinator shall:
3
1. Promptly contact the complainant to discuss the availability of supportive measures;
4
5
2. Consider the complainant's wishes with respect to supportive measures;
6
7
3. Inform the complainant of the availability of supportive measures; and
8
9
4. Explain the process for filing a formal complaint. 10
10
While the school district will respect the confidentiality of the complainant and the respondent as much
11
as possible, some information may need to be disclosed to appropriate individuals. All disclosures shall
12
be consistent with the school district's legal obligations and the necessity to investigate allegations of
13
harassment and take disciplinary action.
14
Disciplinary consequences or sanctions shall not be initiated against the respondent until the grievance
15
process has been completed. Unless there is an immediate threat to the physical health or safety of any
16
student arising from the allegation of sexual harassment that justifies removal, the respondent's
17
placement shall not be changed. 11 If the respondent is an employee, he/she may be placed on
18
administrative leave during the pendency of the grievance process. 12 The Title IX Coordinator shall
19
keep the Director of Schools informed of any employee respondents so that he/she can make any
20
necessary reports to the State Board of Education in compliance with state law. 13
21
Complaints
22
Any individual who has knowledge of behaviors that may constitute a violation of this policy shall
23
immediately report such information to the Title IX Coordinator, however, nothing in this policy requires
24
a complainant to either report or file a formal complaint within a certain timeframe. If the complaint
25
involves the Title IX Coordinator, the complaint shall be filed with the Director of Schools.
26
If a complaint involves allegations of child abuse, including child abuse on school grounds, appropriate
27
notification shall be made per the board policy on reporting child abuse.
28
Upon receipt of a formal complaint, the Title IX Coordinator shall promptly:¹⁴
29
1. Provide written notice of the allegations, and the grievance process to all known parties to give
30
the respondent time to prepare a response before an initial interview;
31
32
2. Inform the parties of the prohibition against making false statement or knowingly submitting
33
false information;
34
35
3. Inform the parties that they may have an advisor present during any subsequent meetings; and
36
37
4. Offer supportive measures in an equitable manner to both parties.
38
If the Title IX Coordinator dismisses a complaint, written notice, including the reasons for dismissal,
39
shall be provided to both parties simultaneously. 15
Page 3 of 6
Title IX & Sexual Harassment
6.3041
1
Investigations
2
The Complaint Manager shall serve as the investigator and be responsible for investigating complaints
3
in an equitable manner that involves an objective evaluation of all relevant evidence. The burden for
4
obtaining evidence sufficient to reach a determination regarding responsibility rests on the school district
5
and not the complainant or respondent.
6
Once a complaint is received, the investigator shall initiate an investigation within forty-eight (48) hours
7
of receipt of the complaint. If an investigation is not initiated within forty-eight (48) hours, the
8
investigator shall provide the Title IX Coordinator with appropriate documentation detailing the reasons
9
why the investigation was not initiated within the required timeframe.
10
All investigations shall be completed within twenty (20) calendar days from the receipt of the initial
11
complaint. If the investigation is not complete within twenty (20) calendar days, the investigator shall
12
provide the Title IX Coordinator with appropriate documentation detailing the reasons why the
13
investigation has not been completed.
14
All investigations shall:
15
1. Provide an equal opportunity for the parties to present witnesses and evidence;
16
17
2. Not restrict the ability of either party to discuss the allegations under investigation or gather
18
and present relevant evidence;
19
20
3. Refrain from requiring, allowing, relying upon, or otherwise using questions or evidence that
21
seek disclosure of information protected under a legally recognized privilege unless such
22
privilege has been waived;¹⁷
23
24
4. Provide the parties with the same opportunities to have others present during any grievance
25
proceeding;
26
27
5. Provide to parties whose participation is requested written notice of the date, time, location,
28
participants, and purpose of all investigative interviews, or other meetings, with sufficient time
29
for the party to prepare to participate;
30
31
6. Provide both parties an equal opportunity to inspect and review any evidence directly related to
32
the allegations in the formal complaint; and
33
34
7. Result in the creation of an investigative report that fairly summarizes relevant evidence.
35
36
a. Prior to the completion of the investigative report, the investigator shall send to each
37
party the evidence subject to inspection and review. All parties shall have at least ten
38
(10) days to submit a written response which shall be taken into consideration in
39
creating the final report.
40
Within the parameters of the federal Family Educational Rights and Privacy Act, 18 the Title IX
41
Coordinator shall keep the complainant and the respondent informed of the status of the investigation
42
process. At the close of the investigation, a written final report on the investigation will be delivered to
Page 4 of 6
6.3041
Title IX & Sexual Harassment
1
the parent(s)/guardian(s) of the complainant, parent(s)/guardian(s) of the respondent, and to the
2
Director of Schools.
3
Determination of Responsibility¹⁹
4
The respondent is presumed not responsible for the alleged conduct until a determination regarding
5
responsibility is made at the conclusion of the grievance process. 20 The preponderance of evidence
6
standard shall be used in making this determination. 21
7
The Director of Schools shall act as the decision-maker. He/she shall receive the final report of the
8
investigation and allow each party the opportunity to submit written questions that he/she wants asked
9
of any party or witness prior to the determining responsibility.
10
The decision-maker shall make a determination regarding responsibility and provide the written
11
determination to the parties simultaneously along with information about how to file an appeal.
12
A substantiated charge against a student may result in corrective or disciplinary action up to and
13
including expulsion. A substantiated charge against an employee shall result in disciplinary action up to
14
and including termination.
15
Aftera determination of responsibility is made, the Title IX Coordinatorshall work with the complainant
16
to determine if further supportive measures are necessary. The Title IX Coordinator shall also determine
17
whether any other actions are necessary to prevent reoccurrence of the harassment.
18
APPEALS²²
19
Either party may appeal from a determination of responsibility based on a procedural irregularity that
20
affected the outcome, new evidence that was not reasonably available at the time of the determination
21
that could affect the outcome, or an alleged conflict of interest on the part of the Title IX Coordinator or
22
any personnel chosen to facilitate the grievance process. Appeals shall be submitted to the Title IX
23
Coordinator within ten (10) days of a determination of responsibility.
24
Upon receipt of an appeal, the Title IX Coordinator shall:
25
1. Assign an impartial hearing officer within five (5) days of receipt of the appeal; and
26
27
2. Notify the parties in writing.
28
During the appeal process, the parties shall have a reasonable, equal opportunity to submit written
29
statements. Within ten (10) calendar days, the hearing officer shall issue a written decision describing
30
the result of the appeal and the rationale for the result. The written decision shall be provided
31
simultaneously to both parties.
32
RETALIATION²³
33
Retaliation against any person who makes a report or complaint or assists, participates, or refuses to
34
participate in any investigation of an act alleged in this policy is prohibited.
Page 5 of 6
Title IX & Sexual Harassment
6.3041
Legal References
Cross References
1.
34 CFR $ 106.1
Section 504 and ADA Grievance Procedures 1.802
2.
34 CFR § 106.8(b),(c)
Discrimination/Harassment of Employees (Sexual, Racial,
3.
34 CFR § 106.45(b)(1)(iii); 34 CFR § 106.45(b)(10)(D)
Ethnic, Religious) 5.500
4.
34 CFR $ 106.30(a)
Complaints and Grievances 5.501
5.
34 CFR § 106.8(a)
Staff-Student Relations 5.610
6. 20 USCA 1092(f)(6)(A)(v); TCA 36-3-601(10); TCA 71-6-302
Code of Conduct 6.300
7.
34 USCA 12291(a)(10)
Student Discrimination, Harassment, Bullying, Cyber-
8. 34 USCA 12291(a)(8); TCA 40-14-109
bullying, and Intimidation 6.304
9. 34 USCA 12291(a)(30); TCA 39-17-315; TCA 36-3-601(11)
Reporting Child Abuse 6.409
10. 34 CFR § 106.44(a)
11. 34 CFR $ 106.44(c)
12. 34 CFR § 106.44(d)
13. TRR/MS 0520-02-03-.09(2); TCA 49-5-417(c)
14. 34 CFR $ 106.45(b)(2)
15. 34 CFR $ 106.45(b)(3)
16. 34 CFR § 106.45(b)(5); 34 CFR § 106.45(b)(1)(v)
17. 34 CFR § 106.45(b)(1)(x)
18. 20 USCA $ 1232g
19. 34 CFR $ 106.45(b)(7)
20. 34 CFR § 106.45(b)(1)(iv)
21. 34 CFR § 106.45(b)(1)(vii)
22. 34 CFR § 106.45(b)(8)
23. 34 CFR § 106.71
Page 6 of 6
Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.305
09/19/23
Student Concerns
Rescinds:
Issued:
6.305
04/03/23
1
Decisions made by school personnel, such as aides, teachers, or assistant principals, which students
2
believe are unfair or in violation of pertinent policies of the Board or individual school rules may be
3
appealed to the school principal/designee. To appeal, students shall contact the principal's office in their
4
school and provide their name, the issue, and the reason for their appeal on a printed form available at
5
the school office within four (4) school days. The appeal shall be decided confidentially and promptly,
6
preferably within five (5) school days.
7
However, if the principal does not make a decision within five (5) school days or not to the satisfaction,
8
students or parent(s)/guardian(s) may appeal at that time by contacting the Director of Schools/designee
9
at the central office. The information provided should include the student's name, the school, and a
10
description of the problem.
11
An investigation and decision shall be made within two (2) school days by the Director of Schools and
12
communicated to the school principal and student by telephone. A written copy of the decision also shall
13
be sent to the student and the principal.
14
If the decision is not made to the satisfaction of the students or parent(s)/guardian(s) they may appeal to
15
the School Board within (5) school days. The information provided should include the student's name,
16
the school, description of the complaint and all written documentation including but not limited to prior
17
written decision(s) that were provided by the principal and Director of Schools. The student(s), or
18
parent(s)/guardian(s) will send with their appeal whether it is to be an open or closed meeting
19
(disciplinary hearing on suspensions of greater than 10 days only).
20
All documentation will be provided to the School Board from the Director of Schools.
21
The Board Chairman will call a special called meeting to handle the appeal.
22
The appeal for disciplinary hearing (see conditions above) will be in a closed meeting unless the student
23
or student's parent or guardian requests in writing within 5 days after the receipt of written notice of the
24
hearing that the hearing will be conducted as an open meeting. The Board cannot conduct any other
25
business if the hearing is closed to the public.
26
The appeal will then be heard and voted on by the School Board and this decision will be final.
27
The Director of Schools will implement the decision of the School Board. A written copy of the decision
28
will be sent to the principal, student, and parent (s)/guardian(s).
Version Date: October 2. 2023
Student Concerns
6.305
Legal References
Cross References
1.
TCA 49-6-3401
Appeals To & Appearances Before the Board 1.404
2.
TCA 8-44-101
Instructional Program 4.100
Student Discrimination, Harassment, Bullying, Cyber-
bullying, and Intimidation 6.304
Title IX & Sexual Harassment 6.3041
Page 2 of 2
Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.306
04/03/23
Interference/Disruption of School
Activities
Rescinds:
Issued:
6.306
12/07/21
1
Employees are authorized to take reasonable measures to establish appropriate school behavior. Any
2
professional employee shall have the authority to control the conduct of any student while under the
3
supervision of the school system. 1 This authority shall extend to all activities of the school, including all
4
games and public performances of athletic teams and other school groups, trips, excursions and all other
5
activities under school sponsorship and direction.
6
Such measures may include the use of reasonable force to restrain or correct students and maintain order.
7
A student shall not use violence, force, noise, coercion, threat, intimidation, fear, passive resistance or
8
any other conduct which causes the disruption, interference or obstruction of any school purpose while
9
on school property, in school vehicles or buses, or at any school-sponsored activity, function or event,
10
whether on or off campus. Neither shall s/he urge other students to engage in such conduct.
11
Harassment, intimidation and other conduct that may be considered "bullying" will not be tolerated.
12
Studentsshall not engage in conduct that has the effect of unreasonably interfering with another student's
13
academic development or that creates a hostile or offensive learning environment.
14
A student found guilty of misbehavior may receive punishment ranging from verbal reprimand to 2
15
suspension and/or expulsion dependent on the severity of the offense and the offender's prior record.
16
REMOVAL OF STUDENT³
17
If a student repeatedly or substantially interferes with the learning environment, the teacher may submit
18
a written request along with the required documentation to the principal/designee to remove the student
19
from the teacher's classroom. The student will be given notice of the rationale for the request as well as
20
the opportunity to offer an explanation.
21
The principal/designee will investigate the request and make a decision regarding the student's
22
placement. The principal will notify the teacher as to his/her decision.
23
If a teacher abuses or overuses the student removal process, the principal/designee shall address the
24
abuse or overuse with the teacher and may require the teacher to complete additional professional
25
development to improve the teacher's classroom management skills.
26
Appeal Process
27
If the teacher's request for removal is denied, he/she may file an appeal with the Director of
28
Schools/designee. He/she will review the teacher's request for removal as well as the decision of the
29
principal/designee and make a determination as to the student's placement.
Version Date: April 11. 2023
Interference/Disruption of School Activities
6.306
Legal References
Cross References
Suspension/Expulsion/Remand 6.316
1. TCA 49-6-4102
Safe Relocation of Students 6.4081
2.
TCA 49-6-3401
Discipline procedures 6.313
3.
Public Acts of 2021, Chapter No. 77
Page 2 of 2
Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.307
04/03/23
Drug-Free Schools
Rescinds:
Issued:
6.307
02/01/21
1
In order to protect the rights of students, to safeguard the learning environment, and to contribute to a
2
"Drug Free" community, the Board's plan for dealing with alcohol and drugs¹ shall include the
3
following:
4
1. Appropriate ways for handling alcohol/drug-related medical emergencies;
5
2. Guidelines for reporting alcohol/drug incidents and illegal activities;
6
3. Guidelines for referral of students who may have an alcohol/drug problem and/or are considered
7
"high risk" to agencies and other sources of appropriate help;
8
4. Effective working relationships with appropriate community agencies, such as alcohol/drug
9
service providers, law enforcement agencies and judicial officials.
10
Through the use of state guidelines the director of schools shall be responsible for:
11
1. Developing and implementing an appropriate curriculum on alcohol and drug education for
12
students;
13
2. Providing adequate information and training for all staff personnel as appropriate to their
14
responsibilities;
15
3. Implementing the relevant portions of the Drug-Free Youth Act2 ;
16
4. Developing administrative rules and guidelines for the school system to effectively respond to
17
alcohol and drug situations that may occur at school or school-sponsored events; and
18
5. Providing notification to parents and students that compliance with this policy is mandatory.
19
Students will not consume, possess, use, sell, distribute or be under the influence of illegal drugs or
20
alcoholic beverages in school buildings or on school grounds at any time, in school vehicles or buses, or
21
at any school-sponsored activity, function or event whether on or off school grounds. This includes but
22
is not limited to abuse of inhalants and prescription drugs.³
23
Disciplinary sanctions will be imposed on students who violate standards of conduct required by this
24
policy. Such sanctions will be consistent with local, state and federal laws, up to and including
25
suspension/expulsion as well as referral for prosecution.⁴ Completion of an appropriate rehabilitation
26
program may also be recommended.
27
Information about drug and alcohol counseling and rehabilitation programs will be made available
28
through the school office.
Version Date: April 11, 2023
Drug-Free Schools
6.307
Legal References
Cross References
1.
TRR/MS 0520-01-03-.08(2)(d)
Alcohol & Drugs in the Workplace 1.804
2.
TCA 55-10-701 et seq.; 20 USCA § 7116
Zero Tolerance Offenses 6.309
3.
TCA 39-17-715; TCA 39-17-432
Suspension 6.316
4.
TCA 49-6-3401; TCA 49-6-4209
Page 2 of 2
Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.3071
04/03/23
Student Alcohol and Drug Testing
Rescinds:
Issued:
6.3071
02/01/21
1
The possession and/or use of illegal drugs, and the misuse of prescription drugs is prohibited. The
2
distribution, abuse, or misuse of over the counter medications or other chemicals or substances is
3
likewise prohibited. Students will be notified in writing at the beginning of each school year or at the
4
time of enrollment that they shall be subject to testing for drugs and alcohol during the school year. I
5
The board will pay costs of any testing required pursuant to this policy.²
6
Reasonable Suspicion Drug Testing
7
Principals are authorized to order drug tests for individual students when there is a reasonable cause to
8
believe that:
9
1. A school board policy on alcohol and drug use has been violated;
10
11
2. A search of lockers has produced evidence of the presence of drugs and/or alcohol;
12
13
3. A search of persons and containers has produced evidence of a presence of drug and/or alcohol;
14
15
4. A search of vehicles has produced evidence of the presence of drugs and/or alcohol; or
16
17
5. Through observation or other reasonable information reported by a teacher, staff member or
18
other student that a student is using and/or under the influence of drugs and/or alcohol on
19
school property.
20
Prior to performing a drug test on a student based on reasonable suspicion, the following conditions
21
must be met:
22
1. A particular student has violated school policy;
23
24
2. The test will yield evidence of the violation of school policy or will establish that a student
25
either was impaired due to drug use or did not use drugs;
26
27
3. The test is in pursuit of legitimate interests of the school in maintaining order, discipline,
28
safety, supervision and education of students;
29
30
4. The test is not conducted for the sole purpose of discovering evidence to be used in a criminal
31
prosecution; and
32
5. Tests shall be conducted in the presence of a witness. Persons who shall act as witnesses shall
33
be the Assistant Principal.
Version Date: April 11. 2023
Student Alcohol and Drug Testing
6.3071
1
Upon receiving reasonable information, the principal shall take the following steps:
2
1. Call the student into the principal's office or another private place;
3
4
2. Summon an appropriate qualified witness;
5
6
3. Discuss with the student the basis for the determination that a test is necessary;
7
8
4. Inform the student of the procedures which shall be followed in administering the test;
9
10
5. Notify the parent or guardian of the student of the impending test; and
11
12
6. Give the student an opportunity to decline the test and inform the student that if the test is not
13
taken the penalty shall be suspension from school and a hearing before the disciplinary hearing
14
authority.
15
Random Drug Testing of Students Participating in Extracurricular Activities⁴
16
Students involved in any voluntary extracurricular activities shall be subject to random drug tests.
17
Parents and students will be informed of this policy prior to participation and shall sign a consent to the
18
drug testing and a release of information as a condition of participation.
19
Extracurricular activity is defined as voluntary participation in activities not falling within the scope of
20
regular curriculum and carrying no academic credit. This includes participating in athletic programs,
21
cheerleading, band, clubs, student leadership positions, etc.
22
Prior to performing a random drug test on a student participating in extracurricular activities, the
23
following conditions must be met:
24
1. The test will yield evidence of the violation of school policy or will establish that a student
25
either was impaired due to drug use or did not use drugs;
26
27
2. The test is in pursuit of legitimate interests of the school in maintaining order, discipline,
28
safety, supervision and education of students;
29
30
3. The test is not conducted for the sole purpose of discovering evidence to be used in a criminal
31
prosecution; and
32
33
4. Tests shall be conducted in the presence of a witness. Persons who shall act as witnesses shall
34
be the Assistant Principal.
35
No student who tests positive under a random drug testing program shall be suspended or expelled
36
from school solely as the result of the positive test. 5
37
Drug Testing Process
38
The appropriately qualified and trained witness shall take the student to a designated place in the
39
school and collect a specimen from the student. The specimen shall be taken in a manner which will
Page 2 of 4
6.3071
Student Alcohol and Drug Testing
1
ensure the integrity, validity, and accuracy of the test results but are minimally intrusive and provide
2
maximum privacy to the tested student.
3
The type of specimen taken shall depend on the substance in question and the test performed on the
4
specimen shall be appropriate for accurate detection of the substance in question. Once taken, the
5
principal shall give the specimen an identifying number which in no way will reveal the identity of the
6
student.
7
The principal will forward the specimen for analysis to a laboratory accredited by the Tennessee
8
Department of Health and Environment and designated by the Board. Specimens shall be retained for
9
ten (10) days.6
10
Upon receiving a written, certified copy of the analysis from the laboratory, the principal shall do one
11
of the following:⁷
12
1. If the results of the analysis are negative, they shall be reported as negative and all evidence of
13
the individual test, including all records in the school that the test was ordered and the reasons
14
therefore, shall be destroyed and expunged.
15
16
2. If the results of the analysis are positive, the student and parents or guardian shall be given the
17
written notice of the result. All records of the test, request for a test or indication a student has
18
been tested shall be confidential student records in accordance with state law. The Hickman
19
County School System is not responsible for student treatment expenses incurred as a result of
20
positive drug and/or alcohol test administered by the school district.
21
The board will provide students testing positive an assessment to determine the severity of the
22
student's alcohol and drug problem and a recommendation for referral to intervention or treatment
23
resources as appropriate.⁸
24
Penalties
25
Each confirmed incident will result in a referral to the Youth Services Officer (YSO).
26
First offense students will be suspended from all extra-curricular activities for one calendar year.
27
Second offense students will be suspended from all extra-curricular activities for duration of time
28
enrolled or reenrolled in the Hickman County school system.
29
Malicious use of authority granted by this policy by any school personnel may be grounds for
30
dismissal.⁹
Legal References
Cross References
Page 3 of 4
Student Alcohol and Drug Testing
6.3071
1.
TCA 49-6-4213
Alcohol & Drugs in the Workplace 1.804
2.
TCA 49-6-4213(g)
Drug-Free Schools 6.307
3.
TCA 49-6-4213(a)(1)
Disciplinary Hearing Authority 6.317
4.
TCA 49-6-4213(a)(2)
5. TCA 49-6-4213(k)(2)
6.
TCA 49-6-4213(d)
7. TCA 49-6-4213(j)-(k)
8.
TCA 10-7-504
9. TCA 49-6-4213(I)
10. TCA 49-6-4213(m)
Page 4 of 4
Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.308
04/03/23
Bus Conduct
Rescinds:
Issued:
6.308
02/01/21
1
In order to maintain conditions and atmosphere suitable for learning, no person shall enter onto a school
2
bus except students assigned to that bus or parents of students or other persons with lawful and valid
3
business on the bus.
4
The school bus is an extension of school activity; therefore, students shall conduct themselves on the bus
5
in a manner consistent with the established standards for safety and classroom behavior.
6
Students are under the supervision and control of the bus driver while on his/her bus, and all reasonable
7
directions given by him/her shall be followed. A driver may remove a student in the event that the driver
8
finds it necessary for the safety of the other student passengers or the driver, provided that the driver
9
secures the safety of the ejected student for the uncompleted trip. A driver shall report to school
10
authorities as soon as possible, but no later than the end of the route, any student refusing to obey the
11
driver or exiting the bus without the driver's permission at a point other than the student's destination
12
for that trip.²
13
The principal of the student transported shall be informed by the bus driver of any serious discipline
14
problem and may be called upon to assist if necessary. A student may be denied the privilege of riding
15
the bus if the principal determines that his/her behavior is such as to cause disruption on the bus, or if
16
he/she disobeys state or local rules and regulations pertaining to student transportation.
17
The suspension of a student from riding the school bus shall follow the same procedures as for any other
18
school suspension.
19
Any student who gets off the bus at any point between the pick-up point and school must present the bus
20
driver with a note of authorization from the parent or the principal of the school that the student attends.
21
Any student wishing to ride a bus other than his/her designated bus must have written parental permission
22
and the approval of the principal or his/her designee.
23
Students who transfer from bus to bus while enroute to and from school shall be expected to abide by
24
the discipline policies adopted by the Board and rules adopted by the staff of the terminal school.
25
USE OF PHOTOGRAPHS AND VIDEO FOOTAGE
26
Cameras or video cameras may be used to monitor student behavior on school buses transporting
27
students to and from school or extracurricular activities. Photographs and video footage shall be used
28
only to promote the order, safety, and security of students, staff, and property.
29
Students in violation of bus conduct rules shall be subject to disciplinary action in accordance with
30
established board policy governing student conduct and discipline.
Version Date: April 11. 2023
Bus Conduct
6.308
1
The district shall comply with all applicable state and federal laws related to photographs and video
2
footage. 3 These materials shall be maintained for five (5) days. Parent(s)/guardian(s) may submit
3
requests to view photographs and video footage to the Director of School/designee, and a time shall be
4
arranged for viewing. The Director of Schools/designee shall be present when parent(s)/guardian(s) are
5
provided the opportunity to review photographs and video footage.⁴
6
The Director of Schools shall develop procedures governing the use of cameras and video cameras in
7
accordance with the provisions of state and federal law and established board policies.
8
Legal References
Cross References
1.
TCA 49-6-2008
Student Transportation Management 3.400
2.
TCA 49-6-2118(d)
Scheduling and Routing 3.401
3.
TCA 10-7-504; 20 USCA §1232g
Code of Conduct 6.300
4.
TCA 49-6-2119
Suspension 6.316
Student Records 6.600
Annual Notification of Rights 6.401
Inspection & Correction of Student Records 6.602
Page 2 of 2
Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.309
08/05/24
Zero Tolerance Offenses
Rescinds:
Issued:
6.309
08/07/23
1
In order to ensure a safe and secure learning environment, the following offenses shall not be tolerated:¹
2
WEAPONS & DANGEROUS INSTRUMENTS
3
Students shall not possess, handle, transmit, use or attempt to use any dangerous weapon in school
4
buildings or on school grounds at any time, or in school vehicles and/or buses or off the school grounds
5
at a school-sponsored activity, function or event.
6
Dangerous weapons for the purposes of this policy shall include, but are not limited to, a firearm or
7
anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury
8
or anything that in the manner of its use or intended use is capable of causing death or serious bodily
9
injury.
10
Violators of this section shall be subject to suspension and/or expulsion from school.
11
Firearms (as defined in 18 U.S.C. § 921)²
12
In accordance with state law, any student who brings or possess a firearm on school property shall be
13
expelled for a period of not less than one (1) calendar year.
14
DRUGS3
15
In accordance with state law, any student who unlawfully possesses any drug including any controlled
16
substance or legend drug shall be expelled for a period of not less than one (1) calendar year.
17
ASSAULT⁴⁵
18
In accordance with state law, any student who commits aggravated assault as defined in § 39-13-102
19
upon any teacher, principal administrator, any other employee of the school or school resource officer
20
or assault that results in a bodily injury to a teacher, principal, administrator, school employee, or
21
SRO shall be expelled for a period of not less than one (1) calendar year.
22
ELECTRONIC THREATS
23
In accordance with state law, any student who transmits by an electronic device any communication
24
containing a credible threat to cause bodily injury or death to another student or school employee and
25
the transmission of such threat creates actual disruptive activity at the school that requires administrative
26
intervention shall be expelled for a period of not less than one (1) calendar year.
Version Date: August 12. 2024
Zero Tolerance Offenses
6.309
1
Valid threats of mass violence on school property or at a school-related activity as determined by a
2
threat assessment team.⁶
3
Committing any of these offenses shall result in a student being expelled from the regular school
4
program for at least one (1) calendar year unless modified by the Director of Schools. Modification of
5
the length of time shall be granted on a case-by-case basis. Students that commit zero tolerance
6
offenses may be assigned to an alternative school or program at the discretion of the Director of
7
Schools.⁷
8
NOTIFICATION
9
When it is determined that a student has violated this policy, the principal of the school shall notify the
10
student's parent or guardian and the criminal justice or juvenile delinquency system as required by law. 8
Legal References
Cross References
1.
TCA 49-6-3401(g)
Threat Assessment Team 3.204
2.
18 USCA § 921(a)(3); 20 USCA § 7961
Code of Conduct 6.300
3.
TCA 39-17-454; TCA 53-10-101
Drug-Free Schools 6.307
4.
TCA 39-13-102
Suspension 6.316
5.
TCA 39-13-101(a)
Student Disciplinary Hearing Authority 6.317
6.
TCA 39-16-517; TCA 49-6-3401(g)(2)(D): Public Acts of
Alternative Education 6.319
2024. Chapter No. 882
Safe Relocation of Students 6.4081
7.
TCA 49-6-3401(g)(2); TCA 49-6-3402
8.
TCA 49-6-4209; TCA 39-17-1312; 20 USCA §
7961(h)(1): Public Acts of 2024. Chapter No. 882
Page 2 of 2
Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.310
05/01/23
Dress Code
Rescinds:
Issued:
6.310
10/03/22
1
Students shall dress and groom in a clean, neat and modest manner so as not to distract or interfere with
2
the operation of the school.
3
More specific guidelines appropriate for each type of school (elementary, intermediate, middle, and high)
4
may be developed. 1 Principals, faculty members and students shall be involved in the development of
5
each appropriate set of guidelines. These guidelines must receive Board approval prior to
6
implementation, and shall be published in each school's student handbook.
7
When a student is attired in a manner which is likely to cause disruption or interference with the operation
8
of the school, the principal shall administer appropriate punishment, which may include suspension
9
and/or expulsion.
10
The following guidelines shall apply:
11
Any clothing which is disruptive to classroom routine is inappropriate for school wear. Included as
12
disruptive are the following:
13
Wearing pajamas/house shoes (except on days designated by the school administration);
14
Low cut, revealing blouses/tops;
15
Clothing not size appropriate;
16
Clothing bearing obscene words or pictures;
17
Clothing bearing endorsements for alcohol or tobacco products;
18
See-through clothing;
19
Undergarments worn as outer garments (boxer shorts, long-johns);
20
Clothing denoting students' membership in or affiliation with any gang associated with criminal
21
activities; and
22
Any jewelry that could be considered dangerous or disruptive will not be permitted.
23
Covering the trunk of the body includes making sure that:
24
There shall be no holes in pants above the knee. Holes in the pants above the knee shall be patched
25
with similar or like material of the pants;
26
Underclothing is not exposed by slits or holes;
27
No part of the body between shoulders and mid thigh shall be exposed; and
28
Leggings and other compression-style garments may be worn so long as an opaque top garment
29
covers the private body parts.
30
Any questionable attire would be left to the discretion of the principal.
Version Date: May 5. 2023
Dress Code
6.310
1
The above rules would allow shorts for both girls and boys and sleeveless tops which cover the shoulders
2
(but not tank tops). Skirts would have to be at least as long as shorts in order to be acceptable.
3
Administrative policies are to be developed by each school to address options and penalties for violation
4
of the above guidelines.
Legal References
Cross References
1. TCA 49-6-4215
Discipline Procedures 6.313
Suspension/Expulsion/Remand 6.316
Page 2 of 2
Hickman County Board of Education
Descriptor Code:
Issued Date:
Descriptor Term:
6.3101
05/01/23
Gang Activity or Association
Rescinds:
Issued:
6.3101
03/01/21
1
Gangs which initiate, advocate, or promote activities which threaten the safety or well-being of persons
2
or property on school grounds or which disrupt the school environment are harmful to the educational
3
process. The use of hand signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner
4
of grooming which, by virtue of its color, arrangement, trademark, symbol, or any other attribute which
5
indicates or implies membership or affiliation with such a group, presents a clear and present danger.
6
This is contrary to the school environment and educational objectives and creates an atmosphere where
7
unlawful acts or violations of school regulations may occur.
8
Incidents involving initiations, hazing, intimidations, and/or related activities of such group affiliations
9
which are likely to cause bodily danger, physical harm or personal degradation or disgrace resulting in
10
physical or mental harm to students are prohibited.
11
The director of schools will establish procedures and regulations to ensure that any student wearing,
12
carrying or displaying gang paraphernalia,¹ or exhibiting behavior or gestures which symbolize gang
13
membership, or causing and/or practicing in activities which intimidate or affect the attendance of
14
another student shall be subject to disciplinary action.
15
The administration will provide in service training in gang behavior and characteristics to facilitate staff
16
identification of students at-risk and promote membership in authorized school groups and/or activities
17
as an alternative.
Legal References
1.
TCA 49-6-4215
Version Date: May 5, 2023

## Table 1

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: | Descriptor Code: 6.3031 | Issued Date: 04/03/23 |
|  | Use of Metal Detectors | Rescinds: 6.3031 | Issued: 02/01/21 |

## Table 2

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: | Descriptor Code: 6.304 | Issued Date: 04/03/23 |
|  | Student Discrimination/Harassment and Bullying/Intimidation and Cyberbullying | Rescinds: 6.304 | Issued: 02/01/21 |

## Table 3

| 3 | organization.⁵ |
| --- | --- |
| 4 | COMPLAINTS AND INVESTIGATIONS |
| 5 | Any individual who has knowledge of behaviors that may constitute a violation of this policy shall |
| 6 | promptly report such information to the principal/designee. 6 |
| 7 | Alleged victims of the above-referenced offenses shall report these incidents immediately to a teacher, |
| 8 | counselor or building administrator.³ All school employees are required to report alleged violations of |
| 9 | this policy to the principal/designee. All other members of the school community, including students, |
| 10 | parents, volunteers, and visitors, are encouraged to report any act that may be a violation of this policy. |
| 11 | While reports may be made anonymously, an individual's need for confidentiality must be balanced with |
| 12 | obligations to cooperate with police investigations or legal proceedings, to provide due process to the |
| 13 | accused, to conduct a thorough investigation or to take necessary actions to resolve a complaint, and the |
| 14 | identity of parties and witnesses may be disclosed in appropriate circumstances to individuals with a |
| 15 | need to know. |
| 16 | The principal/designee at each school shall be responsible for investigating and resolving complaints. |
| 17 | Once a complaint is received, the principal/designee shall initiate and investigation within forty-eight |
| 18 | (48) hours of receipt of the report. 4 If a report is not initiated within forty-eight (48) hours, the |
| 19 | principal/designee shall provide the director of schools with appropriate documentation detailing the |
| 20 | reasons why the investigation was not initiated within the required timeframe. |
| 21 | The principal/designee shall notify the parent/legal guardian when a student is involved in an act of |
| 22 | discrimination, harassment, intimidation, bullying, or cyber-bullying. The principal/designee shall |
| 23 | provide information on district counseling and support services. Students involved in an act of |
| 24 | discrimination, harassment, intimidation, bullying, or cyber-bullying shall be referred to the appropriate |
| 25 | school counselor by the principal/designee when deemed necessary.⁸ |
| 26 | The principal/designee is responsible for determining whether an alleged act constitutes a violation of |
| 27 | this policy, and such act shall be held to violate this policy when it meets one of the following conditions: |
| 28 | It places the student in reasonable fear or harm for the student's person or property; |
| 29 | It has a substantially detrimental effect on the student's physical or mental health; |
| 30 | It has the effect of substantially interfering with the student's academic performance; or |
| 31 | It has the effect of substantially interfering with the student's ability to participate in or benefit |
| 32 | from the services, activities, or privileges provided by a school. |
| 33 | Upon the determination of a violation, the principal/designee shall conduct a prompt, thorough, and |
| 34 | complete investigation of each alleged incident. All investigations shall be completed and appropriate |
| 35 | intervention taken within twenty (20) calendar days from the receipt of the initial report. 7 If the |
| 36 | investigation is not complete or intervention has not taken place within twenty (20) calendar days, the |
| 37 | principal/designee shall provide the director of schools with appropriate documentation detailing the |
| 38 | reasons why the investigation has not been completed or the appropriate intervention has not taken |
| 39 | place.⁷ |

## Table 4

| 1 |  |
| --- | --- |
| 2 3 4 | School administrators shall consider the nature and circumstances of the incident, the age of the violator, the degree of harm, previous incidences or patterns of behavior, or any other factors, as appropriate to properly respond to each situation. |
| 5 | A substantiated charge against an employee shall result in disciplinary action up to and including |
| 6 | termination. A substantiated charge against a student may result in corrective or disciplinary action up |
| 7 | to and including suspension. |
| 8 | An employee disciplined for violation of this policy may appeal the decision by contacting the Federal |
| 9 | Rights Coordinator or Director of Schools. Any student disciplined for violation of this policy may |
| 10 | appeal the decision in accordance with disciplinary policies and procedures. |
| 11 | REPORTS |
| 12 | When a complaint is filed alleging a violation of this policy where there is physical harm or the threat |
| 13 | of physical harm to a student or a student's property, the principal/designee of each middle school, |
| 14 | junior high school, or high school shall report the findings and any disciplinary actions taken to the |
| 15 | director of schools and the chair of the board of education. 11 |
| 16 17 18 19 20 | By July 1 of each year, the director of schools/designee shall prepare a report of all of the bullying cases brought to the attention of school officials during the prior academic year. The report shall also indicate how the cases were resolved and/or the reasons they are still pending. This report shall be presented to the board of education at its regular July meeting, and it shall be submitted to the state department of education by August 1. 12 |
| 21 | The director of schools shall develop forms and procedures to ensure compliance with the |
| 22 | requirements of this policy and TCA 49-6-1016. |
| 23 | RETALIATION AND FALSE ACCUSATIONS |
| 24 | Retaliation against any person who reports or assists in any investigation of an act alleged in this |
| 25 | policy is prohibited. The consequences and appropriate remedial action for a person who engages in |
| 26 | retaliation shall be determined by the administrator after consideration of the nature, severity, and |
| 27 | circumstances of the act. 13 |
| 28 | False accusations accusing another person of having committed an act prohibited under this policy are |
| 29 | prohibited. The consequences and appropriate remedial action for a person found to have falsely |
| 30 | accused another may range from positive behavioral interventions up to and including suspension and |
| 31 | expulsion. 14 |

## Table 5

| Legal References | Cross References |
| --- | --- |
| 1. TCA 49-6-4503(a), (b)(3); 20 USCA §§ 1681 to 1686 | Appeals to and Appearances Before the Board 1.404 |
| 2. TCA 49-6-4503(b)(11) | Section 504 and ADA Grievance Procedures 1.802 |
| 3. TCA 49-6-4503(b)(12) | Staff-Student Relations 5.610 |
| 4. TCA 49-6-4503(b)(2), (13) | Student Goals 6.100 |
| 5. TCA 49-2-120 | Title IX & Sexual Harassment 6.3041 |
| 6. TCA 49-6-4503(b)(5) | Code of Conduct 6.300 |
| 7. TCA 49-6-4503(b)(6) | Student Concerns 6.305 |
| 8. TCA 49-6-4503(b)(14) | Reporting Child Abuse 6.409 |
| 9. 20 USCA § 1232g | Emergency Contact Information 6.410 |
| 10. TCA 49-6-4503(b)(4), (7)-(8) | Student Suicide Prevention 6.415 |
| 11. TCA 49-6-4503(d)(3) |  |
| 12. TCA 49-6-4503(c)(2)(B) |  |
| 13. TCA 49-6-4503(b)(9) |  |
| 14. TCA 49-6-4503(b)(10) |  |

## Table 6

| Hickman County | School System |
| --- | --- |
| Student Discrimination/Harassment, and Bullying/Intimidation | 6.304AP |

## Table 7

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: Sexual Harassment | Descriptor Code: 6.3041 | Issued Date: 04/03/23 |
|  | Title IX & | Rescinds: 6.3041 | Issued: 02/01/21 |

## Table 8

|  |  |
| --- | --- |
| 4 5 | 2. Consider the complainant's wishes with respect to supportive measures; |
| 6 7 | 3. Inform the complainant of the availability of supportive measures; and |
| 8 9 | 4. Explain the process for filing a formal complaint. 10 |
| 10 | While the school district will respect the confidentiality of the complainant and the respondent as much |
| 11 | as possible, some information may need to be disclosed to appropriate individuals. All disclosures shall |
| 12 | be consistent with the school district's legal obligations and the necessity to investigate allegations of |
| 13 | harassment and take disciplinary action. |
| 14 | Disciplinary consequences or sanctions shall not be initiated against the respondent until the grievance |
| 15 | process has been completed. Unless there is an immediate threat to the physical health or safety of any |
| 16 | student arising from the allegation of sexual harassment that justifies removal, the respondent's |
| 17 | placement shall not be changed. 11 If the respondent is an employee, he/she may be placed on |
| 18 | administrative leave during the pendency of the grievance process. 12 The Title IX Coordinator shall |
| 19 | keep the Director of Schools informed of any employee respondents so that he/she can make any |
| 20 | necessary reports to the State Board of Education in compliance with state law. 13 |
| 21 | Complaints |
| 22 23 24 25 | Any individual who has knowledge of behaviors that may constitute a violation of this policy shall immediately report such information to the Title IX Coordinator, however, nothing in this policy requires a complainant to either report or file a formal complaint within a certain timeframe. If the complaint involves the Title IX Coordinator, the complaint shall be filed with the Director of Schools. |
| 26 27 | If a complaint involves allegations of child abuse, including child abuse on school grounds, appropriate notification shall be made per the board policy on reporting child abuse. |
| 28 | Upon receipt of a formal complaint, the Title IX Coordinator shall promptly:¹⁴ |
| 29 30 | 1. Provide written notice of the allegations, and the grievance process to all known parties to give the respondent time to prepare a response before an initial interview; |
| 31 32 33 34 | 2. Inform the parties of the prohibition against making false statement or knowingly submitting false information; |
| 35 | 3. Inform the parties that they may have an advisor present during any subsequent meetings; and |
| 36 37 | 4. Offer supportive measures in an equitable manner to both parties. |
| 38 39 | If the Title IX Coordinator dismisses a complaint, written notice, including the reasons for dismissal, shall be provided to both parties simultaneously. 15 |

## Table 9

| 1 | Investigations |
| --- | --- |
| 2 3 4 5 | The Complaint Manager shall serve as the investigator and be responsible for investigating complaints in an equitable manner that involves an objective evaluation of all relevant evidence. The burden for obtaining evidence sufficient to reach a determination regarding responsibility rests on the school district and not the complainant or respondent. |
| 6 7 8 9 | Once a complaint is received, the investigator shall initiate an investigation within forty-eight (48) hours of receipt of the complaint. If an investigation is not initiated within forty-eight (48) hours, the investigator shall provide the Title IX Coordinator with appropriate documentation detailing the reasons why the investigation was not initiated within the required timeframe. |
| 10 11 12 13 | All investigations shall be completed within twenty (20) calendar days from the receipt of the initial complaint. If the investigation is not complete within twenty (20) calendar days, the investigator shall provide the Title IX Coordinator with appropriate documentation detailing the reasons why the investigation has not been completed. |
| 14 | All investigations shall: |
| 15 16 | 1. Provide an equal opportunity for the parties to present witnesses and evidence; |
| 17 18 19 | 2. Not restrict the ability of either party to discuss the allegations under investigation or gather and present relevant evidence; |
| 20 21 22 23 | 3. Refrain from requiring, allowing, relying upon, or otherwise using questions or evidence that seek disclosure of information protected under a legally recognized privilege unless such privilege has been waived;¹⁷ |
| 24 25 26 | 4. Provide the parties with the same opportunities to have others present during any grievance proceeding; |
| 27 28 29 | 5. Provide to parties whose participation is requested written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings, with sufficient time for the party to prepare to participate; |
| 30 31 32 | 6. Provide both parties an equal opportunity to inspect and review any evidence directly related to the allegations in the formal complaint; and |
| 33 34 35 | 7. Result in the creation of an investigative report that fairly summarizes relevant evidence. |
| 36 37 38 39 | a. Prior to the completion of the investigative report, the investigator shall send to each party the evidence subject to inspection and review. All parties shall have at least ten (10) days to submit a written response which shall be taken into consideration in creating the final report. |
| 40 41 42 | Within the parameters of the federal Family Educational Rights and Privacy Act, 18 the Title IX Coordinator shall keep the complainant and the respondent informed of the status of the investigation process. At the close of the investigation, a written final report on the investigation will be delivered to |

## Table 10

| 2 | Director of Schools. |
| --- | --- |
| 3 | Determination of Responsibility¹⁹ |
| 4 5 6 | The respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. 20 The preponderance of evidence standard shall be used in making this determination. 21 |
| 7 8 9 | The Director of Schools shall act as the decision-maker. He/she shall receive the final report of the investigation and allow each party the opportunity to submit written questions that he/she wants asked of any party or witness prior to the determining responsibility. |
| 10 11 | The decision-maker shall make a determination regarding responsibility and provide the written determination to the parties simultaneously along with information about how to file an appeal. |
| 12 13 14 | A substantiated charge against a student may result in corrective or disciplinary action up to and including expulsion. A substantiated charge against an employee shall result in disciplinary action up to and including termination. |
| 15 16 17 | Aftera determination of responsibility is made, the Title IX Coordinatorshall work with the complainant to determine if further supportive measures are necessary. The Title IX Coordinator shall also determine whether any other actions are necessary to prevent reoccurrence of the harassment. |
| 18 | APPEALS²² |
| 19 20 21 22 23 | Either party may appeal from a determination of responsibility based on a procedural irregularity that affected the outcome, new evidence that was not reasonably available at the time of the determination that could affect the outcome, or an alleged conflict of interest on the part of the Title IX Coordinator or any personnel chosen to facilitate the grievance process. Appeals shall be submitted to the Title IX Coordinator within ten (10) days of a determination of responsibility. |
| 24 | Upon receipt of an appeal, the Title IX Coordinator shall: |
| 25 26 27 | 1. Assign an impartial hearing officer within five (5) days of receipt of the appeal; and 2. Notify the parties in writing. |
| 28 29 30 31 | During the appeal process, the parties shall have a reasonable, equal opportunity to submit written statements. Within ten (10) calendar days, the hearing officer shall issue a written decision describing the result of the appeal and the rationale for the result. The written decision shall be provided simultaneously to both parties. |
| 32 | RETALIATION²³ |
| 33 34 | Retaliation against any person who makes a report or complaint or assists, participates, or refuses to participate in any investigation of an act alleged in this policy is prohibited. |

## Table 11

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: Student Concerns | Descriptor Code: 6.305 | Issued Date: 09/19/23 |
|  |  | Rescinds: 6.305 | Issued: 04/03/23 |

## Table 12

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: Interference/Disruption of School | Descriptor Code: 6.306 | Issued Date: 04/03/23 |
|  | Activities | Rescinds: 6.306 | Issued: 12/07/21 |

## Table 13

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: Drug-Free Schools | Descriptor Code: 6.307 | Issued Date: 04/03/23 |
|  |  | Rescinds: 6.307 | Issued: 02/01/21 |

## Table 14

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: | Descriptor Code: 6.3071 | Issued Date: 04/03/23 |
|  | Student Alcohol and Drug Testing | Rescinds: 6.3071 | Issued: 02/01/21 |

## Table 15

|  | 1. The test will yield evidence of the violation of school policy or will establish that a student either was impaired due to drug use or did not use drugs; |
| --- | --- |
|  | 2. The test is in pursuit of legitimate interests of the school in maintaining order, discipline, safety, supervision and education of students; |
|  | 3. The test is not conducted for the sole purpose of discovering evidence to be used in a criminal prosecution; and |
|  | 4. Tests shall be conducted in the presence of a witness. Persons who shall act as witnesses shall be the Assistant Principal. |

## Table 16

| 1 2 | ensure the integrity, validity, and accuracy of the test results but are minimally maximum privacy to the tested student. |
| --- | --- |
| 3 4 5 6 | The type of specimen taken shall depend on the substance in question and the test performed on the specimen shall be appropriate for accurate detection of the substance in question. Once taken, the principal shall give the specimen an identifying number which in no way will reveal the identity of the student. |
| 7 8 9 | The principal will forward the specimen for analysis to a laboratory accredited by the Tennessee Department of Health and Environment and designated by the Board. Specimens shall be retained for ten (10) days.6 |
| 10 11 | Upon receiving a written, certified copy of the analysis from the laboratory, the principal shall do one of the following:⁷ |
| 12 13 14 | 1. If the results of the analysis are negative, they shall be reported as negative and all evidence of the individual test, including all records in the school that the test was ordered and the reasons therefore, shall be destroyed and expunged. |
| 15 16 17 18 19 20 | 2. If the results of the analysis are positive, the student and parents or guardian shall be given the written notice of the result. All records of the test, request for a test or indication a student has been tested shall be confidential student records in accordance with state law. The Hickman County School System is not responsible for student treatment expenses incurred as a result of positive drug and/or alcohol test administered by the school district. |
| 21 22 23 | The board will provide students testing positive an assessment to determine the severity of the student's alcohol and drug problem and a recommendation for referral to intervention or treatment resources as appropriate.⁸ |
| 24 | Penalties |
| 25 | Each confirmed incident will result in a referral to the Youth Services Officer (YSO). |
| 26 | First offense students will be suspended from all extra-curricular activities for one calendar year. |
| 27 28 | Second offense students will be suspended from all extra-curricular activities for duration of time enrolled or reenrolled in the Hickman County school system. |
| 29 30 | Malicious use of authority granted by this policy by any school personnel may be grounds for dismissal.⁹ |

## Table 17

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: Bus Conduct | Descriptor Code: 6.308 | Issued Date: 04/03/23 |
|  |  | Rescinds: 6.308 | Issued: 02/01/21 |

## Table 18

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: Zero Tolerance Offenses | Descriptor Code: 6.309 | Issued Date: 08/05/24 |
|  |  | Rescinds: 6.309 | Issued: 08/07/23 |

## Table 19

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: Dress Code | Descriptor Code: 6.310 | Issued Date: 05/01/23 |
|  |  | Rescinds: 6.310 | Issued: 10/03/22 |

## Table 20

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: | Descriptor Code: 6.3101 | Issued Date: 05/01/23 |
|  | Gang Activity or Association | Rescinds: 6.3101 | Issued: 03/01/21 |