Marion County boy accused of taking upskirt photos allowed to finish year in alternative school

photo Mark Griffith

A Marion County (Tenn.) High School senior accused of taking upskirt cellphone photos of a teacher last week will finish out the school year in alternative school.

The 17-year-old's parents this week asked for an appeal hearing Thursday before Marion County Director of Schools Mark Griffith.

"I did amend the [Disciplinary Hearing Authority] recommendation to put the young man back in the Marion County school system at the alternative school," Griffith said after Thursday's hearing.

Griffith initially expelled the boy for 365 days, and that punishment was upheld by the authority in a hearing Tuesday. But in an appeal, Griffith said, the director has the discretion under system policy to modify punishment.

Alternative school officials intend to "put him on a good plan and get him graduated and moving on with his life," Griffith said of the boy's education plan going forward. But he won't be allowed to attend graduation ceremonies or participate in school activities for the rest of the year, Griffith said.

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

Officials said the Marion County Sheriff's Department and its school resource officer Dale Winters will turn over investigative information to the district attorney's office.

District Attorney Mike Taylor said Wednesday that taking an upskirt photo could be a criminal violation of privacy laws, but he won't know how the law will apply to this case until he gets the completed report.

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

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