North Carolina § 115C-407 - 15. Bullying and harassing behavior.

§ 115C-407. 15. Bullying and harassing behavior.

As used in this Article, "bullying or harassing behavior" is any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property, at any school-sponsored function, or on a school bus, and that: Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities, or benefits. For purposes of this section, "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior. No student or school employee shall be subjected to bullying or harassing behavior by school employees or students. No person shall engage in any act of reprisal or retaliation against a victim, witness, or a person with reliable information about an act of bullying or harassing behavior. A school employee who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official. A student or volunteer who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior should report the incident to the appropriate school official. Bullying or harassing behavior includes, but is not limited to, acts reasonably perceived as being motivated by any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability, or by association with a person who has or is perceived to have one or more of these characteristics. History (2009-212, s. 1; 2009-570, s. 39.) Editor's Note. - Session Laws 2009-212, s. 1, enacted this Article as Article 29B (G.S. 115C-407.5 through 115C-407.8). Session Laws 2009-570, s. 39(a), recodified the article as Article 29C. Session Laws 2009-570, s. 39(b), recodified this section as G.S. 115C-407.9 and it was subsequently renumbered G.S. 115C-407.15 at the direction of the Revisor of Statutes. Session Laws 2009-212, s. 2, made this Article effective June 30, 2009, and applicable, unless otherwise provided in G.S. 115C-407.16 , beginning with the 2009-2010 school year. Legal Periodicals. - For article, "Be Careful What You Wish For: Gays, Dueling High School T-Shirts, and the Perils of Suppression," see 44 Wake Forest L. Rev. 431 (2009). For article, "The Equal Access Act Requires Equal Access for All: Why the Rowan-Salisbury School System's Policy Against 'Sex-Based' Clubs, Developed to Ban Gay-Straight Alliances, Is Illegal," see 33 N.C. Cent. L. Rev. 137 (2011).