§ 115C-407.15. Bullying and harassing behavior. - North Carolina Statutes

Article 29C.

School ViolencePrevention.

§ 115C‑407.15.  Bullyingand harassing behavior.

(a)        As used in thisArticle, "bullying or harassing behavior" is any pattern of gesturesor written, electronic, or verbal communications, or any physical act or any threateningcommunication, that takes place on school property, at any school‑sponsoredfunction, or on a school bus, and that:

(1)        Places a student orschool employee in actual and reasonable fear of harm to his or her person ordamage to his or her property; or

(2)        Creates or iscertain to create a hostile environment by substantially interfering with orimpairing a student's educational performance, opportunities, or benefits. Forpurposes of this section, "hostile environment" means that the victimsubjectively views the conduct as bullying or harassing behavior and theconduct is objectively severe or pervasive enough that a reasonable personwould agree that it is bullying or harassing behavior.

Bullying or harassing behaviorincludes, but is not limited to, acts reasonably perceived as being motivatedby any actual or perceived differentiating characteristic, such as race, color,religion, ancestry, national origin, gender, socioeconomic status, academicstatus, gender identity, physical appearance, sexual orientation, or mental,physical, developmental, or sensory disability, or by association with a personwho has or is perceived to have one or more of these characteristics.

(b)        No student orschool employee shall be subjected to bullying or harassing behavior by schoolemployees or students.

(c)        No person shallengage in any act of reprisal or retaliation against a victim, witness, or aperson with reliable information about an act of bullying or harassingbehavior.

(d)        A school employeewho has witnessed or has reliable information that a student or school employeehas been subject to any act of bullying or harassing behavior shall report theincident to the appropriate school official.

(e)        A student orvolunteer who has witnessed or has reliable information that a student orschool employee has been subject to any act of bullying or harassing behaviorshould report the incident to the appropriate school official.  (2009‑212, s. 1; 2009‑570,s. 39.)