Case: 12-60264
Document: 00513162565
Page: 9
Date Filed: 08/20/2015
No. 12-60264
intimidated school employees”. (The only document in the record from the
school-board meeting is the minutes, which state: “Chairman Tony Wallace
entertained a motion by Clara Brown to accept the discipline recommendation
of the Discipline Committee regarding student with MSIS #000252815
(I.A.H.S.) and finding that this student threatened, harassed and intimidated
school employees.
Unanimously.”)
Wes Pitts seconded the motion.
Motion Carried
In other words, unlike the earlier-described disciplinary
committee findings, which do not characterize the rap recording as threatening
(instead, finding that point “vague”), the school board found Bell had not only
harassed and intimidated the teachers, but had also threatened them.
By 11 February letter to Bell’s mother, the school-board attorney
explained the board’s findings:
“Bell did threaten, harass and intimidate
school employees in violation of School Board policy and Mississippi State
Law”. (Again, as stated in the written school-district policy, “[h]arassment,
intimidation, or threatening other students and/or teachers” constitutes a
severe disruption.)
Approximately two weeks later, on 24 February, Bell and his mother
filed this action, claiming, inter alia, the school board, superintendent, and
principal (again, the school board) violated his First Amendment right to free
speech. On 2 March, Bell requested a preliminary injunction, seeking his
immediate reinstatement to his high school, including the reinstatement of “all
privileges to which he was and may be entitled as if no disciplinary action had
been imposed”, and all references to the incident being expunged from his
school records.
At the 10 March hearing for the requested injunction, Bell presented four
affidavits from students at his school concerning alleged misconduct by the
coaches.
(The affidavits, however, were not considered by the court.)
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In