(a) An employee may file a civil action for damages against any person eighteen (18) years of age or older who acts with the specific intent to cause harm by making an accusation of criminal activity the person knows or should know is false against that employee to law enforcement authorities, school district officials, or school district personnel.
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Terms Used In Tennessee Code 49-1-1206

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Employee: means :
    (A) An individual who is elected or appointed to an educational entity. See Tennessee Code 49-1-1203
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) An employee may file a civil action for damages against the parent, guardian, or legal custodian of a student of the employee, if the student, who is under eighteen (18) years of age, acts with specific intent to cause harm to another by making an accusation of criminal activity the person knows or should know is false against that employee to law enforcement authorities, school district officials, or school district personnel.
(c) Any student found by a court with jurisdiction over an action filed pursuant to subsection (a) or (b) to have acted with the specific intent to cause harm by making an accusation of criminal activity the person knows or should have known is false against an employee to law enforcement authorities, school district officials, or school district personnel may be subject to one (1) or more of the following disciplinary actions, to be determined by the student’s school:

(1) Expulsion;
(2) Suspension for a period of time;
(3) Community service; or
(4) Any other disciplinary action deemed appropriate by the school.
(d) This section does not apply to statements made regarding individuals elected or appointed to a local board of education.
(e) This section does not limit the civil or criminal liability of any person who makes a statement the person knows or should know is false alleging criminal activity by others.
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