Investigation of Misconduct

• Off school grounds when the behavior of the student could result in the student being criminally charged with a felony and which makes the student's continued presence at school a potential danger to persons or property at the school or which disrupts the educational process (O.C.G.A. § 20-2-751.5(c)); • Off school grounds when a student leaves school without permission of a school official (Absent Without Leave); • On and off school grounds when the act constitutes a violation of cyberbullying by the willful, hostile and repeated harassment and intimidation of a person through the use of digital technologies, including, but not limited to, email, blogs, social networking websites (e.g., Facebook, Twitter, Instagram, Kik, Tik-Tok, etc.), chat rooms, texts, and instant messaging; and • On or off school grounds when cyberstalking or engaging in conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at or about a specific person, causing substantial emotional distress to the victim.

INVESTIGATION OF MISCONDUCT____________________________________________________

When a violation of school rules is reported or suspected, the principal or designee will determine whether an investigation is warranted and, if so, will instruct appropriate personnel to investigate. The investigation should be timely and include interviews with the alleged perpetrator(s), victim(s), identified witnesses, teacher(s), staff members, and others who might have relevant information. Written statements should be obtained from all individuals who are interviewed. Video surveillance, if available, should be reviewed and secured. If administrators believe a request for a due process hearing will be made, he/she should attempt to preserve video surveillance of any misconduct. Any other physical and documentary evidence should be collected and preserved. School counselors, school social workers, school security personnel, and other support staff should be utilized for their expertise as determined by the circumstances of the matter. At an appropriate time during or after the investigation, the parent or guardian will be notified. However, if the incident involves an injury or similar situation, appropriate medical attention should be provided, and the parent or guardian should be notified immediately. The determination of whether or not a student has violated the Code of Conduct Handbook will be made based solely on a preponderance of the evidence. In other words, is it more likely to be true than not true, based on the evidence, that the student did violate the rule? If the parent disagrees with this decision, they may petition to the school principal. If they disagree with the principal’s decision, they may petition in writing to the governing board.

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