(a) As used in this article, 'harassment, intimidation or bullying' means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat that:(1) A reasonable person under the circumstances should know will have the effect of any one or more of the following:(A) Physically harming a student;(B) Damaging a student's property;(C) Placing a student in reasonable fear of harm to his or her person; or(D) Placing a student in reasonable fear of damage to his or her property;(2) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or(3) Disrupts or interferes with the orderly operation of the school.(b) As used in this article, an electronic act, communication, transmission or threat includes but is not limited to one which is administered via telephone, wireless phone, computer, pager or any electronic or wireless device whatsoever, and includes but is not limited to transmission of any image or voice, email or text message using any such device.
West Virginia Legal Code