Case: 12-60264 Document: 00513162565 Page: 8 Date Filed: 08/20/2015 No. 12-60264 Near the end of the disciplinary-committee hearing, Bell explained again: he put the recording on Facebook and YouTube knowing it was open to public viewing; part of his motivation was to “increase awareness of the situation”; and, although he did not think the coaches would hear the recording and did not intend it to be a threat, he knew students would listen to it, later stating “students all have Facebook”. On 27 January, the day after the hearing, the school-board attorney informed Bell’s mother by letter that: the disciplinary committee had determined “the issue of whether or not lyrics published by Taylor Bell constituted threats to school district teachers was vague”, but that the publication of the recording constituted harassment and intimidation of two teachers, in violation of school-district policy and state law; as a result, the disciplinary committee recommended to the school board that Bell’s seven-day suspension be upheld and that he be placed in the county’s alternative school for the remainder of the nine-week grading period (approximately six weeks); Bell would not be “allowed to attend any school functions and [would] be subject to all rules imposed by the Alternative School”; and “[he would] be given time to make up any work missed while suspended or otherwise receive a 0, pursuant to Board policy”. After being informed of the disciplinary-committee’s recommendation, Bell’s attorney informed the school-board attorney, by 31 January telephone call, that: Bell wished to appeal to the school board the disciplinary- committee’s recommendation; and, although Bell and his mother were expected to appear at the board meeting on 7 February, they would be without counsel because he was unable to attend due to a scheduling conflict. On 7 February, the school board, after being presented with a recitation of the recording, unanimously found: 8 Bell “threatened, harassed and

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