FILE:  JCDAF

Cf:  EBBB, IFBGA

Cf:  JAA, JCD

BULLYING, HAZING, HARASSMENT, AND DISCRIMINATION

The Sabine Parish School Board ("School Board") is committed to maintaining a safe, orderly, civil and positive school environment so that no student is subject to bullying, hazing, harassment, discrimination, or similar behavior while in school or participating in any school-sponsored or school-related activities.  Students and their parents or legal guardians shall be notified that the school, school bus, and all other school environments are to be safe and secure for all.  Therefore, all statements or actions of bullying, hazing, harassment, or discrimination, or other similar behavior, made by students, employees, or any other person on campus, at school-sponsored or school-related activities or events; on school buses, vans, or in any other school or private vehicle used to transport students to and from schools or any school-sponsored activity or event; at school bus stops; and on the way to and from school shall not be tolerated.  Even if made in a joking manner, these statements or actions towards students or school personnel, shall be unacceptable.  Bullying, hazing, harassment, discrimination or similar behavior do not depend solely upon the perpetrator's intention, but also upon how the targeted person perceives the behavior and is affected by the behavior.

All students, teachers, and other school employees shall take responsible measures within the scope of their individual authority to prevent violations of this policy.

DEFINITIONS

Bullying

Bullying shall mean:

1. A pattern of any one or more of the following:

2. Where the pattern of behavior as enumerated above is exhibited toward a student, more than once, by another student or group of students and occurs, or is received by, a student while on school property, at a school-sponsored or school-related function or activity, at any designated school bus stop, in any other school bus or any other school or private vehicle used to transport students to and from schools, or any school-sponsored activity or event.
   
   

3. The pattern of behavior as provided above shall have the effect of physically harming a student, placing the student in reasonable fear of physical harm, damaging a student's property, placing the student in reasonable fear of damage to the student's property, or shall be sufficiently severe, persistent, and pervasive enough to either create an intimidating or threatening educational environment, have the effect of substantially interfering with a student's performance in school, or have the effect of substantially disrupting the orderly operation of the school.

Each elementary and secondary school shall institute a program to prohibit and prevent bullying.  The program shall:

1. Define bullying as provided above.
   
   

2. Ensure each student, each student's parent or legal guardian, and each school administrator, teacher, counselor, bus operator, school employee, and volunteer is aware of his/her duties and responsibilities relative to preventing and stopping bullying.
   
   

3. Provide for a process for reporting and investigating alleged incidents of bullying.
   
   

4. Provide for appropriate discipline of a student found guilty of bullying.
   
   

5. Provide for appropriate remedies for a student found to have been bullied.
   
   

6. Provide for procedures for investigating and reporting each school administrator, teacher, counselor, bus operator, and school employee for failure to act as provided.

Hazing

Hazing shall mean any knowing behavior, whether by commission or omission, of any student to encourage, direct, order, or participate in any activity which subjects another student to potential physical, mental, or psychological harm for the purpose of initiation or admission into, affiliation with, continued membership in, or acceptance by existing members of any organization or extracurricular activity at a public elementary or secondary school, whether such behavior is planned or occurs on or off school property, including any school bus and school bus stop.  Hazing does not mean any adult-directed and school-sanctioned athletic program practice or event or military training program.

Any solicitation to engage in hazing, and the aiding and abetting another person who engages in hazing shall be prohibited.  The consent, stated or implied, of the hazing victim shall not be a defense in determining disciplinary action.

Harassment

Student misconduct that may be perceived or described as bullying or hazing may constitute harassment under this policy when the conduct is based on a student's real or perceived race, color, national origin, religion, sex, or disability and creates a hostile environment.

Harassment can take many forms and shall include gestures, written, electronic, or verbal communications, physical acts, and other conduct that may be physically threatening, harmful, or humiliating if such conduct is based on a student's real or perceived race, color, national origin, religion, sex, or disability.  Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents, such as a pattern of behavior.  Harassment creates a hostile environment when the conduct is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to interfere with or limit a student's ability to participate in or benefit from the services, activities, or opportunities offered by a school.

The following examples illustrate how bullying conduct can implicate federal civil rights laws prohibiting harassment:

1. Some students anonymously inserted offensive notes into African-American students' lockers and notebooks, used racial slurs, and threatened African-American students who tried to sit near them in the cafeteria.  Some African-American students told school officials that they did not feel safe at school.  Here, the harassment included bullying conduct (e.g., verbal and written communications that involved name­calling and taunting, shunning and excluding others from activities), but also targeted students on the basis of their race and created a racially hostile environment.
   
   

2. Several classmates repeatedly called a student with a learning disability "stupid," "idiot," and "retard" while in school and on the school bus.  On one occasion, these students tackled him, hit him with a school binder, and threw his personal items into the garbage.  Here, the harassment included bullying conduct (e.g., verbal communications that involved name-calling and taunting, physical acts), but also included behavior based on the student's disability and created a hostile environment.

Discrimination

Discrimination shall mean any discriminatory statements or actions against a student by a school employee or another student, including those based on a student's real or perceived race, color, national origin, natural, protective, or cultural hairstyle, religion, sex, or disability, that treat a student differently or otherwise adversely affect, limit, or deny a student's ability to participate in or benefit from the School Board’s programs and activities (e.g., discriminatory actions involving discipline, curriculum, or extracurricular activities.)

NOTICE TO STUDENTS AND PARENTS/GUARDIANS

The School Board shall inform each student at the required orientation conducted at the beginning of each school year of the prohibition against bullying, hazing, harassment, discrimination, and similar behavior; the nature and consequences of such actions; and the proper process and procedure for reporting any incidents involving such prohibited actions.  The School Board shall provide age-appropriate instruction to all students designed to promote an inclusive and safe educational environment for all students, including issues related to the prevention of bullying, hazing, harassment, discrimination, and similar behavior.  A copy of the written policy shall also be delivered to each student's parent or legal guardian.

The School Board shall provide information about the policy and the procedures used to investigate alleged violations of the policy in a manner that is accessible to students, parents, and guardians who are limited English proficient or have disabilities.

REPORTING

General Provisions

The principal and his/her designee, the Superintendent and his/her designee, and the School Board shall be authorized to receive and investigate complaints alleging violation of this policy in accordance with the terms of this policy.  All school personnel and parents/guardians shall report alleged violations to the principal or his/her designee.  Students may report alleged violations of this policy to the principal or other school employees (e.g., a teacher or bus operator) and employees must report these allegations to the principal or his/her designee.  If the principal is the accused, the report shall be made to the Superintendent or his/her designee.  If the Superintendent is the accused, the School Board shall receive the complaint.  Any written or oral report of an act of bullying, hazing, harassment, discrimination, or similar behavior shall be considered a proper and official means of reporting such act(s).  Complaints, reports, and investigative reports of bullying, hazing, harassment, discrimination, or similar behavior shall remain confidential, with limited exceptions of state or federal law.

The reporting of incidents of bullying, hazing, or similar behavior shall be made on the Louisiana Department of Education's Bullying Report form, which shall include an affirmation of truth.  Any bullying, hazing, or similar behavior report submitted, regardless of recipient, shall use this form, but additional information may be provided.  Incidents of harassment and discrimination may be reported on the form and should include the alleged basis of the harassment or discrimination (i.e., race, color, national origin, religion, sex, and/or disability).  The form shall be available on the website of each public elementary and secondary school.

The School Board will follow the investigation procedures below for reported incidents of harassment and discrimination even if a different form is used.

Students and Parents/Guardians

Any student who believes that he/she has been, or is currently, the victim of bullying, hazing, harassment, discrimination, or similar behavior, or any student, or any parent or legal guardian, who witnesses bullying, hazing, harassment, discrimination, or similar behavior, or has good reason to believe bullying, hazing, harassment, discrimination, or similar behavior is taking or has taken place, is encouraged to promptly report, as soon as possible after the discovery of such information, the situation to a school official, teacher, counselor, other school employee, or chaperone supervising a school function or activity, who in turn shall promptly report the situation to the principal or his/her designee.  Any report shall remain confidential, with limited exceptions of state or federal law.

School Personnel

Any school employee, whether full- or part-time, and any chaperone supervising a school function or activity, who witnesses or learns of bullying, hazing, or similar behavior, immediately shall report the incident to the principal or his/her designee.  Verbal reports shall be submitted by the employee or chaperone on the same day as the employee or chaperone witnessed or otherwise learned of the incident, and a written report shall be filed no later than two (2) days thereafter.

All other members of the school community, including students, parents or guardians, volunteers, and visitors shall be encouraged to report any act that may be a violation of this policy to the principal or his/her designee.

False Reports

Intentionally making false reports about bullying, hazing, harassment, discrimination, or similar behavior to school officials shall be prohibited conduct and shall result in appropriate disciplinary measures as determined by the School Board.

INVESTIGATION PROCEDURE

Investigations of any reports of bullying, hazing, harassment, discrimination, or similar behavior of a student shall be in accordance with the following:

1. Timing
   
   The school shall begin an investigation of any complaint that is properly reported in accordance with the terms of this policy and that alleges the prohibited conduct the next business or school day after the report is received by the principal or his/her designee.  The investigation shall be completed as expeditiously as possible, but not later than ten (10) school days after the date the written report of the incident is submitted to the principal or his/her designee.  If additional information is received after the end of the ten-day period, the school principal or his/her designee shall amend all documents and reports required to reflect such information.
   
   

2. Scope of Investigation
   
   An investigation shall include documented interviews of the reporter, the alleged victim, the alleged bully or offender, and any witnesses, and shall include obtaining oral, visual or written evidence, including, but not limited to statements, writings, recordings, electronic messages, and photographs.  Interviews shall be conducted privately, separately, and confidentially.  Unless necessary for the purpose of the investigation, the alleged offender and alleged victim shall not be interviewed together.
   
   The principal or his/her designee shall collect and evaluate all facts for allegations of bullying and hazing using the Bullying Investigation form.  The Bullying Investigation form may be used as a template for allegations of harassment and discrimination provided the form is modified to include such conduct where appropriate.  Even if a different form is used, the School Board will follow the investigation procedures below for reported incidents of harassment and discrimination.
   
   

3. Parental Notification
   
   Upon receiving a report of bullying, hazing, or similar behavior, the school shall notify the parent or legal guardian of each involved student no later than the following business or school day.  Delivery of notice to the parents or legal guardians by an involved student shall not constitute the required parental notice.
   
   Before any student under the age of eighteen (18) is interviewed, his/her parent or legal guardian shall be notified by the principal or his/her designee of the allegations made and shall have the opportunity to attend any interviews with their child conducted as part of the investigation.
   
   All meetings with the parents or legal guardians of the alleged victim and the parents or legal guardians of the alleged perpetrator shall be in compliance with the following:

4. Documentation
   
   At the conclusion of an investigation of bullying, hazing, harassment, discrimination, or similar behavior, and after meeting with the parents or legal guardians of each involved student, the principal or his/her designee (or the Superintendent, the Superintendent's designee, or the School Board, where appropriate) shall:

5. Handling Evidence
   
   Whenever an employee/administrator receives notice of a bullying or hazing, or similar behavior, any physical evidence of the act/communication shall be secured in the building administrator’s office with as little physical contact as possible.  If the act/communication is in the form of graffiti, the area shall be sealed off by the building administrator.  Photographs shall be taken as soon as possible.  Student/public exposure shall be as minimal as possible.  Graffiti shall not be removed until law enforcement has properly examined the area.

During the pendency of an investigation, the School Board shall promptly take interim steps to protect the complainant, alleged victim, students, teachers, administrators or other school personnel involved in the investigatory process from bullying, intimidation, harassment, discrimination, and retaliation (as defined below) pending completion of the investigation.

POST-INVESTIGATIVE STEPS

Global Remedy for Harassment

If an investigation reveals that harassment has occurred and created a hostile environment, a school must take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, remedy its effects, and prevent the harassment from recurring.

Disciplinary Action

Once a report has been received at a school, and a school principal or his/her designee has determined that an act of bullying, hazing, harassment, discrimination, or similar behavior has occurred, and after having met with the parent or legal guardian of the student involved, the principal or his/her designee, or applicable school official, shall take prompt and appropriate disciplinary action against the perpetrator.  Counseling and/or other interventions may be recommended.  The principal or his/her designee may notify law enforcement if the violation of this policy constitutes a violation of a state or federal criminal statute and there is a serious threat to public safety.

Students may be disciplined for off-campus bullying, hazing, harassment, discrimination, or similar behavior the same as if the improper conduct occurred on campus, if the actions of the student substantially interferes with the education opportunities or educational programs of the student victim and/or adversely affects the ability of the student victim to participate in or benefit from the school's education programs or activities.

Parental Relief

If a parent, legal guardian, teacher, or other school official has made four (4) or more reports of separate instances of bullying, and no investigation pursuant to state law or this policy has occurred, the parent or legal guardian of the alleged victim may request that the student be transferred to another school operated by the School Board.

Such request shall be filed with the Superintendent. Upon receipt of the request to transfer the student to another school, the School Board shall make a seat available at another school under its jurisdiction within ten (10) school days of the parent or legal guardian’s request for a transfer.  If the School Board has no other school under its jurisdiction serving the grade level of the alleged victim, within fifteen (15) school days of receiving the request, the Superintendent shall:

1. Inform the student and his/her parent or legal guardian and facilitate the student's enrollment in a statewide virtual school.
   
   

2. Offer the student a placement in a full-time virtual program or virtual school under the School Board's jurisdiction.
   
   

3. Enter into a memorandum of understanding with the Superintendent or director of another governing authority to secure a placement and provide for the transfer of the student to a school serving the grade level of the student, in accordance with statutory provisions.

If no seat or other placement is made available within thirty (30) calendar days of the receipt of the request by the Superintendent, the parent or legal guardian may request a hearing with the School Board, which shall be public or private at the option of the parent or legal guardian.  The School Board shall grant the hearing at the next scheduled meeting or within sixty (60) calendar days, whichever is sooner.

At the end of any school year, the parent or legal guardian may make a request to the School Board to transfer the student back to the original school.  The School Board shall make a seat available at the original school that the student attended.  No other schools shall qualify for transfer under this provision.

Appeal

If the school principal or his/her designee does not complete a written report containing the findings of the investigation within ten (10) days of the date that the initial written report is submitted or if the student or parent or legal guardian seeks to appeal the decision made by the principal or his/her designee, the student, parent or legal guardian, or school employee may, within fifteen (15) days of the date of the decision, submit to the Superintendent or his/her designee, in writing, a request to appeal, unless good cause can be shown for an extension of time.  The Superintendent or his/her designee shall begin an investigation of the complaint that alleges prohibited conduct the next business or school day after the report is received by the Superintendent or his/her designee.  The Superintendent or his/her designee shall follow the investigative procedures set forth in this policy and complete the investigation and prepare a written report not later than ten (10) school days after the incident is reported.

If the Superintendent or his/her designee received the complaint and was responsible for conducting the investigation and preparing the written report, the matter may be appealed to the School Board.

If the principal or his/her designee, the Superintendent or his/her designee, or the School Board does not take timely and effective action, the student, parent or legal guardian, or school employee may report any bullying incident to the Louisiana Department of Education.

FAILURE TO ACT

Any teacher, counselor, bus operator, administrator, or other school employee, whether full- or part-time, who witnesses bullying or who receives a report of bullying from an alleged victim, and who fails to report the incident to a school official shall be investigated by the School Board.  Upon finding a reasonable expectation that the individual failed to act, the School Board shall suspend the individual without pay.  The length of the suspension shall be determined by the School Board based on the severity of the bullying inflicted on the victim.  The School Board shall report each finding of a failure to report and the length of suspension issued to each employee who failed to report to the State Department of Education.

Any school administrator or official who fails to notify a parent or legal guardian of a report of bullying, timely investigate a report of bullying, take prompt and appropriate disciplinary action against a student that was determined to have engaged in bullying, or report criminal conduct to the appropriate law enforcement official shall be investigated by the School Board.  Upon finding a reasonable expectation that the individual failed to act, the School Board shall suspend the individual without pay.  The length of the suspension shall be determined by the School Board based on the severity of the bullying inflicted on the victim.  The School Board shall report each finding of a failure to report bullying and the length of suspension issued to the employee who failed to report to the State Department of Education.  The report shall be submitted by August first annually.

TRAINING

The School Board shall provide all employees with a copy of the policy prohibiting bullying, hazing, discrimination, and harassment at the beginning of each school year.

The School Board shall provide a minimum of four (4) hours of training for all new employees who have contact with students, including bus operators and school resource officers, and two (2) hours of training each subsequent year for all school employees who have contact with students, including bus operators and school resource officers, with respect to bullying, in accordance with state statutory provisions.

The School Board shall provide a minimum of two (2) hours of training for all new employees who have contact with students, including bus operators and school resource officers, and one hour of training each subsequent year for all school employees who have contact with students, including bus operators and school resource officers, with respect to discrimination and harassment.  The training provided annually to employees on discrimination and harassment may be incorporated within the training on bullying if the School Board (1) has the flexibility to shorten the time focused on bullying under the state bullying training requirements; (2) utilizes materials that focus on discrimination and harassment in addition to bullying; and (3) provides the discrimination/harassment part of the training in person.

RETALIATION

Retaliation against any person who is the alleged victim, who reports bullying, hazing, harassment, discrimination, or similar behavior in good faith, who is thought to have reported such conduct, who files a complaint, or who otherwise participates in an investigation or inquiry concerning allegations of bullying, hazing, harassment, discrimination, or similar behavior is prohibited conduct and subject to disciplinary action.  The school shall inform the person who reported the bullying, hazing, harassment, discrimination, or similar behavior and anyone participating in the investigatory process that the School Board prohibits retaliation and that any retaliatory acts should be promptly reported to the principal or his/her designee, unless the principal is the alleged retaliator, in which case the conduct should be reported to the Superintendent or his/her designee.

CHILD ABUSE

The provisions of this policy shall not be interpreted to conflict with or supersede the provisions requiring mandatory reporting pursuant to Louisiana Children's Code, Art. 609 and as enforced through La. Rev. Stat. Ann. §14:403.

Ref:    20 USC 1232(g-i) (Family Educational Rights and Privacy Act)

La. Rev. Stat. Ann. §§14:40.1, 14:40.3, 14:40.7, 14:40.8, 14:403, 17:105, 17:105.1, 17:183, 17:416, 17:416.1, 17:416.13, 17:416.14

La. Children’s Code, Art. 609, Art. 730, Art. 731

Davis v. Monroe County Board of Education, 119 S. Ct. 1661 (1991)

Board minutes, 9-20-10, 12-17-12, 11-4-13, 6-8-15, 11-12-18, 9-12-22

Sabine Parish School Board