FILE: JCEB
STUDENT HARASSMENT OR INTIMIDATION
It is the policy of the Rapides Parish School Board to provide and maintain a learning environment that is free from harassment and/or intimidation because of a student’s race, color, national origin, ethnicity, or disability. To this end, the school district prohibits any and all forms of harassment and/or intimidation because of a student’s race, color, national origin, ethnicity, or disability.
It shall be a violation of the school district’s Student Harassment or Intimidation policy for any teacher, administrator, or other school personnel of this school district to tolerate racial harassment or intimidation or harassment or intimidation based on a student’s color, national origin, ethnicity, or disability, by any student, teacher, administrator, or other school personnel, or by any third person or parties who are participating in, observing, or otherwise engaged in activities, including sporting events and other extra curricular activities, under the auspices of the school district or any of its schools.
For the purposes of this policy, other school personnel means non-instructional support staff employees or other persons subject to the control and/or supervision of the school district.
The school district shall act to promptly investigate all complaints, either formal or informal, verbal or written, of harassment and/or intimidation because of a student’s race, color, national origin, ethnicity, or disability; to promptly take appropriate action to protect students from further harassment and/or intimidation; and, if it determines that prohibited harassment or intimidation has occurred, to promptly and appropriately discipline any student, teacher, administrator, or other school personnel who is found to have violated this policy, and/or to take other appropriate action reasonably calculated to end the harassment and/or intimidation.
This policy shall be reproduced in the school district’s employees’ handbook and in its student’s handbook.
DEFINITIONS
Harassment and/or Intimidation based on a student’s race or color
For purposes of this policy, racial harassment and/or intimidation of a student based on race or color shall consist of verbal or physical conduct, or actions, displays or depictions, relating to an student’s race or color, by a student, teacher, administrator, or other school personnel when
the harassing conduct is sufficiently severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment;
the harassing or intimidating conduct otherwise adversely affects or hinders or restrains a student’s participation in a student activity or an extracurricular activity; or
the harassing or intimidating conduct adversely affects a student’s learning opportunities.
Examples of conduct which may constitute harassment and/or intimidation of a student because of race or color (regardless of whether the individual is white, black, Hispanic, Asian, Native American or other racial grouping) include, but are not limited to, the following:
graffiti containing racially offensive language,
racially offensive name calling, jokes and humor,
racially offensive notes, drawings and cartoons,
threatening or intimidating conduct directed at another because of the other's race or color,
racial slurs, racially negative and/or offensive stereotypes, and hostile acts which are based upon another’s race or color,
written or graphic material containing racial comments or stereotypes which is posted or circulated and which are aimed at degrading students on account of race or color,
threats and physical acts of aggression or assault upon another because of, or in a manner reasonably related to, race or color,
other kinds of aggressive conduct such as theft or damage to property which is motivated by race or color considerations,
possession and display or showing of racial hate materials and publications of groups or organizations which espouse racial intolerance or hatred, or which espouse the inferiority of a race or color where not used and approved by a teacher in connection with an authorized class, and/or
display of Confederate flags or banners, display of black power symbols, or the display of any flag, banner or symbol of a group or organization which espouses racial intolerance or hatred, or which espouses the inferiority of a race or color where not used and approved by a teacher in connection with an authorized class.
Harassment and/or Intimidation based on a student's national origin or ethnicity
For purposes of this policy, ethnic or national origin harassment and/or intimidation of a student consists of verbal or physical conduct relating to a student’s ethnicity or country of origin or the country of origin of the student’s parents, family members or ancestors, by a student, teacher, administrator, or other school personnel when
the harassing conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment;
the harassing or intimidating conduct has the purpose or effect of substantially or unreasonably interfering with a student’s work or academic performance, or hinders or restrains a student’s participation in a student activity or extra-curricular activity; or
the harassing or intimidating conduct otherwise adversely affects a student's learning opportunities.
Examples of conduct which may constitute harassment and/or intimidation of a student because of national origin or ethnicity include, but are not limited to, the following:
graffiti containing offensive language which is derogatory to others because of their national origin or ethnicity,
threatening or intimidating conduct directed at another because of the other’s national origin or ethnicity,
ethnic jokes, name calling, or rumors based upon a student’s national origin or ethnicity, or that of members of his/her family or ancestors,
ethnic slurs, negative stereotypes, and hostile acts which are based upon another’s national origin or ethnicity,
written or graphic material containing ethnic comments or stereotypes which is posted or circulated and which are aimed at degrading students, members or descendants of a foreign nation of origin, or ethnicity,
threats or physical acts of aggression or assault upon another because of, or in a manner reasonably related to, ethnicity or national origin,
other kinds of aggressive conduct such as theft or damage to property which is motivated by national origin or ethnicity, and/or
possession and display or showing of ethnic hate materials and publications of groups or organizations which espouse ethnic intolerance or hatred, or which espouse the inferiority of an ethnic group where not used and approved by a teacher in connection with an authorized class.
Harassment and/or Intimidation based on a student’s disability
For purposes of this policy, physical or mental disability harassment and/or intimidation of a student consists of verbal or physical conduct relating to a student’s physical or mental impairment by a student, teacher, administrator, or other school personnel when
the harassing conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program, activity or extracurricular activity, or creates an intimidating, threatening or abusive educational environment;
the harassing or intimidating conduct has the purpose or effect of substantially or unreasonably interfering with a student’s work or academic performance; or
the harassing or intimidating conduct which otherwise adversely affects a student’s learning opportunities.
Examples of conduct which may constitute harassment and/or intimidation because of a physical or mental disability include, but are not limited to, the following:
graffiti containing offensive language which is derogatory to others because of their physical or mental disability,
threatening or intimidating conduct directed at another because of the other’s physical or mental disability,
jokes, rumors or name calling based upon an individual’s physical or mental disability,
slurs, negative stereotypes, and hostile acts which are based upon another’s physical or mental disability,
graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals with a physical or mental disability,
physical acts of aggression or assault upon another because of, or in a manner reasonably related to, an individual’s physical or mental disability, or
other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual’s physical or mental disability.
DUTIES OF PRINCIPALS TO DISSEMINATE, REVIEW AND EXPLAIN THIS POLICY
The principal of each school within the school system shall review and explain this policy to each teacher, administrator, and other school personnel assigned to, or otherwise authorized to be upon the campus of the school and shall have each such person sign a form stating that the policy has been reviewed and explained to him or her and that he or she will abide by the policy. The form shall be provided by the school district coordinator for complaints of harassment and/or intimidation, and may be a form attached to the employee handbook. The original, fully executed form shall be retained by the principal and a copy of the form shall be sent to the school district coordinator for complaints of harassment and/or intimidation.
The principal of each school shall assure that this policy is reviewed and explained to all students enrolled in the school in a manner designed to adequately communicate to the students, based upon their age and general levels of understanding, the contents of this policy and reporting procedures for complaints of harassment and/or intimidation based on race, color, national origin, ethnicity, or physical or mental disability. The principal shall also assure, in such a manner as not to deter meritorious complaints by students, the seriousness of this policy and the need to avoid the making unfounded complaints.
The principal may design a program or plan and designate teachers, school counselors and/or other administrators to review and explain this policy to students. At the elementary level, each person designated to review and explain this policy shall execute a statement attesting they have reviewed and explained this policy to each student, and that all questions raised by students were handled and adequately answered. At the middle and high school grade levels, including the sixth grade, each student shall be required to sign a form attesting that this policy has been reviewed with, and explained to, them and that they understand this policy and will abide by it.
At the elementary level, the principal, to the extent practicable, also shall review and explain this policy to the parents/tutors/guardians of students enrolled in the school. This may be done at parent/teacher organization meetings or other appropriate assemblies of parents/tutors/guardians conducted on school property.
Each principal of each school, regardless of the grade levels served by the school, shall also assure that a copy of this policy is forwarded to each student’s parents/tutors/guardians with a communication advising them that should they have questions regarding this policy, the same should be communicated to him or her for answer. This may be done by sending home with each student a copy of the Rapides Parish School Board Policies Handbook and Student Code of Conduct to each student’s parents/tutors/guardians where the parent/tutor/ guardian executes and returns to the school the Receipt and Statements of Compliance Form attached to each such handbook.
A copy of this policy shall be at all times conspicuously posted in each school in a location accessible to students, faculty, administrators and other school personnel. The posted copy of this policy shall contain the name, mailing address (which may be that of the school) and work and home telephone numbers of the person designated as the school’s school-based coordinator for complaints of harassment and/or intimidation.
REPORTING PROCEDURES FOR COMPLAINTS OF HARASSMENT AND/OR INTIMIDATION
Any student who believes he or she has been the victim of harassment and/or intimidation because of his or her race, color, national origin, ethnicity, or physical or mental disability by a student, teacher, administrator, or other school personnel, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extra-curricular activities, under the auspices of the school district or an individual school, is encouraged to immediately report the alleged conduct or act to the person at his or her school designated as the school-based coordinator for complaints of harassment and/or intimidation, or to the principal, a school counselor, a teacher or other employee of the school system, including the school district coordinator for complaints of harassment and/or intimidation, and/or the Superintendent or other central office official.
The school district encourages the reporting party or complainant to use the report form available from the principal of each school or from the school district’s central office, but oral reports shall be considered as complaints as well. Use of formal reporting forms is not mandated.
Nothing in this policy shall prevent any person from reporting harassment directly to the Superintendent.
In each school, the principal, an assistant principal or a school counselor shall be designated by the principal as the school-based coordinator for complaints of harassment and/or intimidation.
Any teacher, administrator, or other school personnel who has knowledge or a belief, a reason to know, or receives notice that a student has or may have been the victim of harassment and/or intimidation, because of race, color, national origin, ethnicity, or physical or mental disability shall immediately inform the school-based and school district coordinators for complaints of harassment and/or intimidation. Failure to immediately inform the school-based and school district coordinators for complaints of harassment and/or intimidation shall result in disciplinary action against the teacher, administrator, or other school personnel.
Any parent, tutor, guardian or other person who has knowledge or a belief, a reason to know, or receives notice that a student has or may have been the victim of harassment and/or intimidation because of race, color, national origin, ethnicity, or physical or mental disability is encouraged to inform the school-based and school district coordinators for complaints of such harassment and/or intimidation, or the Superintendent or other school district or school-based official.
Upon receipt of a written report of harassment and/or intimidation, the school-based coordinator for complaints of harassment and/or intimidation shall immediately inform the school district coordinator for complaints of harassment and/or intimidation without prior screening or investigation of the report. A written statement of the alleged facts must be forwarded to the school district’s coordinator for complaints of harassment and/or intimidation as soon thereafter as possible.
Where an oral complaint or report is received by the school-based coordinator for complaints of harassment and/or intimidation, it shall be reduced to writing on a report form and the school district’s coordinator for complaints of harassment and/or intimidation shall be immediately informed of the complaint prior to screening or investigation of the oral complaint. A written statement of the alleged facts must be forwarded to the school district coordinator for complaints of harassment and/or intimidation as soon thereafter as possible.
Failure by a school-based coordinator for complaints of harassment and/or intimidation to forward a report or an oral complaint and the required written statement in timely fashion shall result in disciplinary action against the school-based coordinator for complaints of harassment and/or intimidation.
The school district has designated the Assistant Superintendent of Curriculum and Instruction as its school district coordinator for complaints of harassment and/or intimidation.
He/she shall receive complaints or reports and written statements of harassment and/or intimidation because of race, color, national origin, ethnicity, or physical or mental disability.
He/she shall oversee the investigative process.
He/she shall be responsible for assessing the training needs of the school district’s staff and students in connection with the dissemination, comprehension, and compliance with this policy.
He/she shall ensure that any investigation into an alleged act or conduct involving harassment and/or intimidation because of a student’s race, color, national origin, ethnicity, or physical or mental disability is conducted by an impartial investigator who has been trained in the requirements of equal educational opportunity, including harassment, and who is able to apply procedural and substantive standards which are necessary and applicable to identify harassment prohibited by this policy and any unlawful harassment or conduct, recommend appropriate discipline when harassment is found, and take other appropriate action to rectify the damaging effects of any prohibited act or conduct, including recommendations for interim measures which may be deemed necessary for the protection of the victim during the course of the investigation.
In each instance in which harassment is found to have occurred because of an act or conduct of a student, the school district coordinator for complaints of harassment and/or intimidation schedule and conduct, or direct the school-based coordinator for complaints of harassment and/or intimidation and principal to schedule and conduct a conference with the parent(s), tutor(s) or guardian(s) of the child found to have committed an act or engaged in conduct prohibited by this policy.
In each instance in which harassment is found to have occurred because of an act or conduct of a teacher, administrator, or other school personnel of the school district, appropriate disciplinary actions shall be taken.
In each instance in which harassment is found to have occurred because of an act or conduct of a third party, such person shall be banned from school activities under the auspices of the Rapides Parish school district or any school within the school system.
In each instance in which the harassment alleged may, if found to have actually occurred, constitute a crime under either the laws of this state or of the United States, the school district coordinator for complaints of harassment and/or intimidation shall notify in writing the district attorney or the United States Attorney having jurisdiction over the matter. (This requirement may be satisfied by the school district coordinator for complaints of harassment and/or intimidation by consulting with the member of the district attorney’s office designated to provide general counsel services to the school district or by consulting with the school district’s general counsel should one be appointed to deliver general legal services for the school district. Compliance with the legal advice received through such consultation shall serve to discharge the responsibility imposed herein on the school district coordinator for complaints of harassment and/or intimidation.) In the event the district attorney or the United States Attorney elects to investigate the report or oral complaint of harassment and/or intimidation, a school district investigation into the matter shall, nevertheless proceed, unless enjoined by a court of proper jurisdiction.
The school district shall respect the privacy of the complainant, the individuals against whom the report or oral complaint is made against, and all witnesses as much as possible, consistent with the school district’s obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.
INVESTIGATIONS
Upon receipt of a written statement from a school-based coordinator for complaints of harassment and/or intimidation or upon receipt of a report or oral complaint from a third person, as the case may be, the school district coordinator for complaints of harassment and/or intimidation shall undertake or authorize an investigation. The investigation may be conducted by a school district official or a person designated to conduct such investigations. The investigator must be impartial and have received such training as provided for hereinabove.
The investigation shall consist of a personal interview with the complainant, and may include interviews with the complainant’s parent(s), tutor(s) or guardian(s), the individual(s) against whom the complaint is made and his/her parent(s), tutor(s) or guardian(s) where the alleged perpetrator is a student, and others who have knowledge of the alleged act or conduct or circumstances giving rise to the complaint. The investigation may also consist of an evaluation of any other information or documents which may shed light on the alleged act or conduct.
In determining whether a violation of this policy has occurred, the investigator shall consider
the nature and severity of the act or conduct,
how often the act or conduct occurred,
whether the act or conduct was part of a continuing pattern of behavior, or whether past incidents of similar behavior have been found to have occurred,
the relationship between the parties,
the race, color, nation origin, physical and mental capacity, and age of the victim and perpetrator,
whether the perpetrator was in a position of power, or whether because of his/her status the student had reason to believed the perpetrator, was in a position of power over the student subjected to the harassment and/or intimidation,
the number of alleged persons involved in the harassment and/or intimidation,
where the harassment occurred,
whether there have been other incidents of the same or similar behavior at the school involving the same or other students,
whether the act or conduct adversely affected the student=s education, educational environment, or participation in extra-curricular activities, and
the context in which the alleged act or conduct occurred.
Upon completion of an investigation, the investigator shall make a written report to the school district coordinator of complaints of harassment and/or intimidation, where the investigation is conducted by another person, and the Superintendent. The investigation shall be completed in as expeditious an amount of time as practicable under the circumstances, but in no event shall an investigation take longer to complete than one month from the date of its commencement, except where enjoined by a court of proper jurisdiction. The written report of the investigator shall contain a recommendation with respect to disciplinary action and shall be filed with the School Board.
STUDENT DISCIPLINE FOR VIOLATIONS OF THIS POLICY
The Superintendent shall be responsible for seeing to it that the disciplinary action recommended by the investigator is carried out, unless he/she provides written reasons as to why the recommended disciplinary action is overly severe or insufficient, based upon the investigative findings, in the written report. A copy of any such written reasons shall be filed with the School Board.
The discipline administered a student may include any discipline provided for in the discipline policies of the Rapides Parish School Board. In addition to the actions provided for in the said school district’s discipline policies, a mandatory student/parent/tutor/guardian conference shall be conducted by the school district coordinator for complaints of harassment and/or intimidation or the school-based coordinator for complaints of harassment and/or intimidation and the principal of the school.
With the exception of disciplinary action consisting of a suspension or expulsion which must be considered by the School Board, the investigatory procedures contained in this policy shall supersede and take precedence over those contained in the discipline policies of the Rapides Parish School Board and the recommended discipline contained in the investigative report, as accepted or modified by the Superintendent, shall serve in lieu of any recommendation of a teacher or action by a principal.
In cases involving possible suspension or expulsion, the recommended discipline contained in the investigative report, as accepted or modified by the Superintendent, shall serve in lieu of any recommendation of a principal.
DISCIPLINE OF TEACHERS, ADMINISTRATORS AND OTHER SCHOOL PERSONNEL
Teachers, administrators and other school personnel shall be disciplined by the School Board in accordance with applicable law and/or School Board policy.
Where the safety or welfare of a child may be at issue, the Superintendent is authorized to suspend a teacher, administrator or other school personnel with pay and benefits pending completion of an investigation and/or School Board disciplinary action.
REPRISAL
Submission of a good faith report or complaint of harassment and/or intimidation based on race, color, national origin, ethnicity, or physical or mental disability shall not affect the complainant or reporter’s future employment, grades, learning or working environment, participation in extra-curricular activities, or work assignments.
Any student, teacher, administrator, or other school employee who retaliates against any person who complains or reports an act or conduct constituting or which may constitute harassment and/or intimidation because of race, color, national origin, ethnicity, or physical or mental disability shall be disciplined by the school district.
Retaliation includes, but is not limited to any form of intimidation, reprisal or harassment.
Revised: July, 2010
Recoded from JCEE: June, 2016
Ref: 29 USC 791 et. seq. (Rights and Advocacy)
42 USC 2000d (1964 Civil Rights)
42 USC 12131 et seq. (Prohibition Against Discrimination and Other Generally Applicable Provisions)
La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 14:43, 14:122.1, 14:328, 17:81
Board minutes, 2-6-02, 3-6-07, 7-6-10
Rapides Parish School Board