Expulsion appeal is today in Marion upskirting case

JASPER, Tenn. — A panel of administrators on Tuesday upheld the year-long expulsion of a Marion County High School senior accused of taking an upskirt cellphone photograph of a female teacher in class last week.

The 17-year-old boy’s parents have asked for a hearing today to appeal the expulsion affirmed during a hearing before the system’s five-member Disciplinary Hearing Authority, Marion County Director of Schools Mark Griffith said.

Griffith expelled the boy for 365 days on Aug. 31, as soon as the photos were reported to administrators, he said. The teacher had on a skirt but was wearing no underwear.

Although Griffith handed down the expulsion, he also has the discretion to reduce the punishment somewhat.

“I do have some leeway under policy to do what I can to get him an education,” Griffith said on Wednesday.

In the best-case-scenario, Griffith said, the boy could be allowed to finish out the school year in the county’s alternative school so he can graduate at the same time as his peers.

Another student last year was initially expelled for taking an inappropriate cellphone photo of a female teacher in the restroom, he said. Through appeals, that boy was allowed to attend alternative school so he could remain in his class year, Griffith said. That first case set a precedent, he said.

But even if punishment is reduced, other conditions remain in place. The boy still wouldn’t be able to attend the prom, participate in graduation ceremonies or any other school activities, Griffith said.

Griffith said last week’s incident was first reported to school resource office Dale Winters.

Winters, who works for the sheriff’s department, immediately notified administrators and started an investigation that included seizing and checking the phones and a review of the dress code for teachers, Griffith said. Winters determined the teacher was dressed within guidelines.

Officials found five photos on the boy’s cell phone and he had sent at least one photo to two other students, Griffith said. The other two students did not forward the photo and do not face any punishment, he said.

The boy and his family are longtime acquaintances of Griffith and his family.

“I’ve known this family all my life,” he said. “It’s a great family and a great kid who just made a poor choice.”

Meanwhile, sheriff’s office investigators will turn over their findings to 12th Judicial District Attorney Mike Taylor’s office for a review.

Under Tennessee law, taking an upskirt photo could be a criminal violation of privacy, Taylor said. Taylor won’t decide whether to proceed with charges until he receives the investigative report, he said.

In Georgia, the state court of appeals said in a 6-3 ruling in July that state law does not prohibit anyone from taking such photos, The Associated Press reported. The successful appeal arose from the case of a man arrested for invasion of privacy for taking upskirt photos of a woman while she shopped, but the law prohibits “the use of any device, without the consent of all persons observed, to observe, photograph or record the activities of another which occur in any private place and out of public view.”

The ruling hinged on the interpretation of the word “place,” the AP reported.

Contact staff writer Ben Benton at bbenton@timesfreepress.com or 423-757-6569.