Case: 12-60264
Document: 00513162565
Page: 6
Date Filed: 08/20/2015
No. 12-60264
remain in the school commons until the school bus he rode arrived at the end
of the day.) By letter that day to Bell’s mother, the superintendent informed
her: Bell’s suspension would continue until further notification; and a hearing
would be held to consider disciplinary action for Bell’s “alleged threatening
intimidation and/or harassment of one or more school teachers”. The listed,
possible basis for such action was consistent with the school district’s
administrative disciplinary policy, which lists “[h]arassment, intimidation, or
threatening other students and/or teachers” as a severe disruption.
The
disciplinary-committee
hearing,
originally
scheduled
for
Wednesday, 19 January, was delayed at Bell’s mother’s request; it was held on
Wednesday, 26 January. Although there is no transcript of the hearing, it was
recorded; that recording is in the summary-judgment record.
The hearing
was facilitated by the school-board attorney, Floyd; three disciplinarycommittee members were present, as well as the school principal and Bell, his
mother, and their attorney.
The hearing began with the principal’s providing a summary of events,
after which the YouTube version of the rap recording was played. Among the
disciplinary-committee members’ questions, one member asked Bell whether
he had reported the alleged misconduct to school officials. Bell explained he
had not done so because he believed they would ignore his complaints. Instead,
he made the rap recording because he knew people were “gonna listen to it,
somebody’s gonna listen to it”, acknowledging several times during the hearing
that he posted the recording to Facebook because he knew it would be viewed
and heard by students. Moreover, he explained that at least 2,000 people had
contacted him about the rap recording in response to the Facebook and
YouTube postings.
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