FILE: JCDAF

Cf: EBBB, EFA, JAA

Cf: JCD, JCDAG, JCED

BULLYING AND HAZING

The Calcasieu Parish School Board is committed to maintaining a safe, orderly, civil
and positive learning environment so that no student is subject to bullying, hazing,
or similar behavior while in school or participating in school-related
activities. Students and their parents/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, or similar behavior made
on campus, at school-sponsored activities or events, on school buses, 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 of bullying, hazing, or similar behavior
towards other students or school personnel shall be unacceptable.

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

Bullying shall mean:

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

A. Gestures, including but not limited to obscene gestures and making faces.

B. Written, electronic, or verbal communications, including but not limited to calling

names, threatening harm, taunting, malicious teasing, or spreading untrue
rumors. Electronic communication includes but is not limited to a communication or
image transmitted by email, instant message, text message, blog, or social
networking website through the use of a telephone, mobile phone, pager, computer,
or other electronic device.

C. Physical acts, including but not limited to hitting, kicking, pushing, tripping, choking,
damaging personal property, or unauthorized use of personal property.

D. Repeatedly and purposefully shunning or excluding from activities.

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, in any school bus or van, at any designated school bus stop, in 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 must 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
 must 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.

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.

NOTICE TO STUDENTS AND PARENTS

The School Board shall inform each student, orally and in writing, at the required
orientation conducted at the beginning of each school year, of the prohibition against
bullying, hazing, or similar behavior of a student by another student; the nature and
consequences of such actions; including the potential criminal consequences and
loss of driver's license, and the proper process and procedure for reporting any
incidents involving such prohibited actions. A copy of the written notice shall also
be delivered to each student's parent or legal guardian.

REPORTING

The principal or his/her designee shall be authorized to receive complaints alleging

violation of this policy. All employees, parents, volunteers, or any other school
personnel shall report alleged violations to the principal or his/her designee. Any
written or oral report of an act of bullying, hazing, or similar behavior shall be
considered an official means of reporting such act(s). Complaints, reports, and
investigative reports of bullying, hazing, or similar behavior shall remain confidential,
with limited exception of state or federal law.

The reporting of incidents of bullying, hazing, or similar behavior shall be made on

the 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.

Students and Parents

Any student who believes that he/she has been, or is currently, the victim of bullying,
hazing, or similar behavior, or any student, parent, or guardian, who witnesses
bullying, hazing, or similar behavior or has good reason to believe bullying, hazing,
or similar behavior is taking place, may report the situation to a school official, who
in turn shall report the situation to the principal or his/her designee. A student, or
parent or guardian, may also report concerns regarding bullying, hazing, or similar
behavior to a teacher, counselor, other school employee, or to any parent
chaperoning or supervising a school function or activity. Any such report shall
remain confidential.

School Personnel

Any school employee, whether full- or part-time, and any parent/volunteer

chaperoning or supervising a school function or activity, who witnesses or learns of
bullying, hazing or similar behavior from a student or parent, immediately shall report
the incident to the principal or his/her designee. Verbal reports shall be submitted
by the employee or parent/volunteer on the same day as the employee or
parent/volunteer 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/legal

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, 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, 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 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 using the Bullying
Investigation form.

3. Parental Notification

Upon receiving a report of bullying, hazing, or similar behavior, the school shall notify
the parents or legal guardians of the alleged offender and the alleged victim 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 offender shall be in compliance with the following:

A. Separate meetings shall be held with the parents or legal guardians of the alleged
victim and the parents or legal guardians of the alleged offender.

B. Parents or legal guardians of the alleged victim and of the alleged offender shall be
informed of the potential consequences, penalties, and counseling options.

In any case where a teacher, principal, or other school employee is authorized to require
the parent or legal guardian of a student who is under the age of eighteen (18) and not
judicially emancipated or emancipated by marriage to attend a conference or meeting
regarding the student's behavior and, after notice, the parent, tutor, or legal guardian
willfully refuses to attend, the principal or his/her designee shall file a complaint, pursuant
to Louisiana Children’s Code, Article 730 or Article 731, with a court exercising juvenile
jurisdiction. The principal may also file a complaint on the grounds the student is a truant
or has willfully and repeatedly violated school rules, or any other applicable ground when,
in his/her judgment, doing so is in the best interests of the student.

4. Documentation

At the conclusion of an investigation of bullying, hazing, or similar behavior, and after

meeting with the parents or legal guardians, the principal or his/her designee or School
Board shall:

A. Prepare a written report containing the findings of the investigation, including input
from students’ parents or legal guardians, and the decision by the principal or
 his/her designee or school system official. The document shall be placed in the
school records of both students.

B. Promptly notify the reporter/complainant of the findings of the investigation and

whether remedial action has been taken, if such release of information does not
violate the law.

C. Keep reports/complaints and investigative reports confidential, except where

disclosure is required to be made by applicable federal laws, rules, or regulations
or by state law.

D. Maintain reports/complaints and investigative reports for three (3) years.

E. As applicable, provide a copy of any reports and investigative documents to the

School Board for disciplinary measures, or to the Louisiana Department of
Education, as necessary.

During the pendency of an investigation, the school district may take immediate
steps, at its discretion, to protect the alleged victim, students, teachers,
administrators or other school personnel pending completion of the investigation.

Handling Evidence

Whenever an employee/administrator receives notice of a bullying or hazing, or

similar behavior, such as threats, 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.

APPEAL

If the school principal or his/her designee does not take timely and effective action
in any bullying incident, the student, parent, or school employee may report, in
writing, the incident to the School Board. The School Board shall begin an
investigation of any properly reported complaint that alleges prohibited conduct the
next business day during which school is in session after the report is received by
the School Board.

If the School Board does not take timely and effective action, the student, parent, or
other school employee may report any bullying incident to the Louisiana Department
of Education.

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, 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 student, and report criminal
conduct to law enforcement. Counseling and/or other interventions may also be
recommended.

Students may be disciplined for off-campus bullying, hazing, or similar behavior the
same as if the improper conduct occurred on campus, if the actions of the offender
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 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.

TRAINING

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

RETALIATION

Retaliation against any person who reports bullying, hazing, or similar behavior in
good faith, who is thought to have reported such behavior, who files a complaint, or
who otherwise participates in an investigation or inquiry concerning allegations of
bullying, hazing, or similar behavior is prohibited conduct and subject to disciplinary
action.

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.

Revised: July, 2004 Revised: October 8, 2013

Revised: August, 2010 Revised: December 11, 2018
Revised: November, 2012

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, 1
7:416, 17:416.1, 17:416.13
La. Children’s Code, Art. 609, Art. 730, Art. 731
Davis v. Monroe County Board of Education, 119 S. Ct. 1661 (1991)
Board minutes, 8-5-03, 12-7-04, 10-5-10, 2-5-13, 10-8-13, 12-11-18

Calcasieu Parish School Board