FILE: JCDAH
HAZING
The East Baton Rouge Parish School Board is committed to maintaining a safe, orderly, civil and positive learning environment so that no student feels threatened or harassed while in school or participating in school-related activities. The School Board accepts that some forms of initiation for membership in student clubs and organizations constitutes acceptable behavior, however hazing of students that degenerates into a dangerous form of intimidation and degradation is not allowed. Hazing of any student is not tolerated and is prohibited.
All students, teachers, and other school employees shall take responsible measures within the scope of their individual authority to prevent violations of this policy.
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 School Board 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 is prohibited. The consent stated or implied of the hazing victim shall not be a defense in determining disciplinary action.
Any aiding and abetting another student or person to engage in hazing is prohibited.
As an “Education institution” as defined in La. Rev. Stat. Ann. §14:40.8, hazing is further defined for criminal purposes to include:
Any intentional, knowing, or reckless act by a person acting alone or acting with others that is directed against another when both of the following apply:
The person knew or should have known that the act endangers
the physical health or safety of the other person or causes severe
emotional distress.
The act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization.
"Hazing" includes but is not limited to any of the following acts associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization:
Physical brutality, such as whipping, beating, paddling,
striking, branding, electronic shocking, placing of a harmful
substance on the body, or similar activity.
Physical activity, such as sleep deprivation, exposure to
the elements, confinement in a small space, or calisthenics, that
subjects the other person to an unreasonable risk of harm or that
adversely affects the physical health or safety of the individual
or causes severe emotional distress.
Activity involving consumption of food, liquid, or any other
substance, including but not limited to an alcoholic beverage
or drug, that subjects the individual to an unreasonable risk
of harm or that adversely affects the physical health or safety
of the individual or causes severe emotional distress.
Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.
A physical activity that is normal, customary, and necessary
for a person's training and participation in an athletic, physical
education, military training, or similar program sanctioned by the
education institution is not considered "hazing" for purposes
of this policy.
"Organization" means a fraternity, sorority,
association, corporation, order, society, corps, cooperative, club,
service group, social group, band, spirit group, athletic team, or
similar group whose members are primarily students at, or former students
of, an education institution. “Organization" includes the
national or parent organization of which any of the underlying entities
provided for in this Paragraph is a sanctioned or recognized member
at the time of the hazing.
"Pledging", also known as "recruitment" or "rushing", means any action or activity related to becoming a member of an organization.
NOTICE TO STUDENTS AND PARENTS
Each principal shall inform each student, orally and in writing, at the required orientation conducted at the beginning of each school year, of the prohibition against hazing or similar behavior of a student by another student; the nature and consequences of such actions; including the potential criminal consequences 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 reports or 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 hazing or similar behavior shall be considered an official means of reporting such act(s). In appropriate circumstances involving injuries, physical, or mental injuries the report shall be furnished to police authorities. Any report to law enforcement shall include all details with no information redacted, including the names of all individuals alleged to have committed an act of hazing.
The reporting of incidents of hazing, or similar behavior may be made on the Bullying Report form, which shall include an affirmation of truth. Any hazing or similar behavior report submitted, regardless of recipient, may use the 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 hazing or similar behavior, or any student, parent, or guardian, who witnesses hazing or similar behavior or has good reason to believe hazing, or similar behavior is taking place, should 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 hazing or similar behavior to a teacher, counselor, other school employee, to any parent chaperoning or supervising a school function or activity or any police authority.
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 hazing or similar behavior from a student or parent, 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 are 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 hazing or similar behavior to school officials shall be prohibited conduct and shall result in appropriate disciplinary measures as allowed by the Student Rights and Responsibilities Handbook and Disciplinary (Handbook).
INVESTIGATION PROCEDURE
Investigations of any reports of hazing or similar behavior of a student by another student shall be in accordance with the following:
Timing
The principal or designee shall begin an investigation of any report
or complaint that alleges the prohibited hazing conduct the next business
or school day after the report is received by the principal or his/her
designee. In appropriate incidents involving injuries or bodily or
mental harm, the principal or designee shall inform the applicable
police authorities. The investigation shall be completed not
later than ten (10) school days after the date the 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.
Scope of investigation
An investigation shall include documented interviews of the reporter,
the alleged victim, the alleged hazing offender(s), and any witnesses,
and shall include obtaining copies or photographs of any audio-visual
evidence. Interviews must be conducted privately, separately,
and confidentially.
The principal or his/her designee shall collect and evaluate all facts
and may use the Bullying Investigation
form.
Parental Notification
Upon receiving a report of 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:
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.
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.
Documentation
At
the conclusion of an investigation of hazing or similar behavior and
after meeting with the parents or legal guardians, the principal or
his/her designee shall:
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 any involved students.
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.
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.
Maintain reports/complaints and investigative reports for
three (3) years.
As applicable, provide a copy of any reports and investigative documents to the applicable police authorities.
During the pendency of an investigation, the principal may take immediate steps, at its discretion, to protect the alleged victim, students, teachers, administrators or other school personnel pending completion of the investigation.
APPEAL
If the school principal or his/her designee does not take timely and effective action, the student, parent, or school employee may report, in writing, the incident to the Superintendent and School Board. The Superintendent shall begin an investigation of any report or complaint that alleges prohibited hazing 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 hazing incident applicable police authorities.
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 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 any alleged criminal conduct to law enforcement. Counseling and/or other interventions may also be recommended.
Students may be disciplined for off-campus 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.
RETALIATION
Retaliation against any person who reports 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 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.
New policy: October 20, 2022
Ref: La. Rev. Stat. Ann. §§17:183, 14:40.8
La. Children’s Code, Art. 609, Art. 730, Art. 731
Board minutes, 10-20-22
East Baton Rouge Parish School Board