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